# select-board — 8 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 : 2017-08-01-minutes-5037.txt
BOARD    : select-board
DATE     : 2017-08-01
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-01-minutes-5037.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08012017-5037
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MINUTES
Joseph F. Bilotta Meeting Room, Town Hall
August 1, 2017
Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Clerk; Phyllis
Luck, Member; Damon McQuaid, Member
Also present: Heather Lemieux, Town Manager
The meeting commenced at 7:00 p.m. with the Pledge of Allegiance.
PUBLIC COMMENT:
DPW Director Jack Rodriquenz reported the MassDOT website posted the Route 13 project, from Northfield
Road to the Townsend line, at a cost of approximately $1.4 million, was advertised on July 8th. The bid opening
will be in the fall. The work will probably not start until 2018. He thanked Ms. Bertram for her continuing work
with MPO.
4 Quarter Financial Report for FY2017
Finance Director Brochu reported FY17 was a good year.
Revenue
On the revenue side, the total collections for FY17 were $37,110,671.82 or 101.07% of FY17 estimates through
June 30, 2017. Under Local Receipts, we collected 116.36% of the FY17 Local Receipt estimate. Amounts
received that were above target were Departmental Revenue- Schools (192.59% or $64,810.30 more); Licenses
and Permits (124.36% or $60,631.31 more); Motor Vehicle Excise (116.43% or $253,604.29 more); Penalties
and Interest (113.02% or $23,367.87 more); and Miscellaneous Non-Recurring revenue (150.84% or
$156,417.75 more).
Some categories that we received below what was estimated are Fines and Forfeits (63.01% or $13,205.89
below); Local Option Meals Tax (85.25% or $17,413.99 below); Departmental Revenue-Other (87.98% or
$33,900.51 below) and Investment Income (83.17% or $9,098.25 below).
Under Taxes - we received 99.02% or $241,667.06 less than the levy estimate. We also received $96,616.58 in
tax lien revenue which wasn't included in the estimate tax levy. Under State Aid, we received 100.65% or
$50,285.99 more than the state aid estimate due to an increase in our charter tuition reimbursement.
Expenditures
We expended/encumbered $36,811,166.27 (99.49%) of budgeted expenditures as of June 30, 2017. We had
appropriation closeouts of $358,084.74. State assessments were $170,787 higher than the cherry sheet
estimates. This was largely due to school choice/charter tuition for students going out of district. A large portion
of the appropriation closeout is in the school department and represents the net increase in choice/charter
assessments and charter reimbursement revenue.
On the expenditure side, unexpended balances remain in the following:
• Salary Reserve Fund $1733.96
• Assessors' Administration $1,156.17
• Tax Collector's Administration $5,804.53
• Legal Expenses $5,208.89
• Town Clerk's Administration $6810
• Conservation Commission $3118.48
• Central Purchasing $12,449.69
• Injury Leave $5187.17
RECEIVED & FILED
JUN 23 2017
LUNENBURG TOWN
CLERK OFFICE
===PAGE 2===
• Fire Dept. $5739.27
• Radio Watch $4,209.09
• School Dept. $120,674
• Montachusett Regional Vocational Technical School Assessment $9,209
• Vehicle Maintenance $43,369.39
• Police/Fire Medical no funds expended from the %5000 appropriation
• Lunenburg Public Library $7,835.26
• Parks & Recreation $13,194.05
RECEIVED & FILED
JUN 2 3 2017
LUNENBURG TOWN
CLERK OFFICE
• Health/Life Insurance $45,103.74
Some internal transfers were done to adjust all other appropriations to at or near zero at the close of the fiscal
year. The preliminary estimate for Free Cash for FY17 is around $850,000.
Mr. Ebersole noted $50,000 of motor vehicle excise has been dedicated annually to the pavement management
plan. Mr. Toale thanked Ms. Brochu for her report.
Resignation and Appointments to Agricultural Commission:
Douglas MacMillan has resigned from the Agricultural Commission effective July 17, 2017. There is also an
existing vacancy due to another member not being reappointed.
Chairman Jeff Mendoza stated the commissioners sadly accepted MacMillan's resignation, who was one of the
original founding members. Mendoza stated they have two candidates who have expressed interest in being
appointed to the Agricultural Commission. Ryan Stober, 275 Pleasant Street, is well known in the farming
community in town. He has attended several meetings. Ashley Steele, 61 Whalom Road, attended a meeting a
while ago and expressed interest in taking on the clerk position on the commission. She is not actively farming
but he stated it is good the entire community be represented.
Ryan Stober stated agriculture has been in his blood since he was born. He has experience with dairy farming.
He did not want to be a farmer but likes to help out the farmers. He wants to bring agriculture to the community
more with a grange and more activity.
Motion: P. Bertram
To appoint Ryan Stober to the Agricultural Commission with a term ending June 30, 2020
2"d: R.Ebersole
Vote: All in Favor
Ashley Steele has been a resident for four years and attended Lunenburg High School. She wanted to be
involved in the community so she went online and was immediately drawn to the Agricultural Commission.
She loves gardening and wants to get involved and bring the farmers together.
Motion: R. Ebersole
2nd: P. Bertram
To appoint Ashley Steele to the Agricultural Commission with a term to expire June 30, 2018
Vote: All in Favor
Town Manager Appointments
Local Building Inspector- Ms. Lemieux reported Andrew Hudson has been a lifelong resident of Lunenburg
and has sixteen plus years of experience in construction and building maintenance. He is also aspiring to take
the necessary state test to become Building Commissioner which was the intent in the job search.
Land Use Director Burney, Interim Building Inspector Rhodes and Ms. Lemieux all agreed that he was the best
candidate. They highly recommend that you ratify my appointment tonight.
Mr. Hudson introduced himself to the Board stating he would like to bring in his knowledge of the field. He
knows it's a long road ahead and he is willing to be here for the journey. He would love to give back to the
town and community that made him who he is today.
Motion: R. Ebersole
2nd: P. Bertram
To ratify the appointment of Andrew Hudson as Local Building Inspector
Vote: All in Favor
===PAGE 3===
Ms. Lemieux moved on to the position of DPW Administrative Assistant. DPW Director Rodriquenz stated
Samantha Tucker is originally from New York City and resides in Shirley. He reported they received 30
applications for the position and with outgoing assistant Amanda Moore reduced them by 80%. He believed Ms.
Tucker is a good fit for the position and requested the Board ratify her appointment. If ratified she will begin
training on the 8th
Motion: R. Ebersole
2"°: P. Luck
To ratify the appointment of Samantha Tucker to the position of DPW Administrative Assistant
Vote: All in Favor
Architectural Preservation District Commission (APDC) /Continuation of Guidelines Review
Chairman Richard McGrath asked if there were any questions or comments.
Mr. Ebersole noted the property owners in the APD were notified via letter that the APD guidelines discussion
was tonight. APDC Member Cullen Dwyer stated one issue that caused some confusion before was shutters;
they were included in the design standards along with a description of what was historically valuable for
shutters. Previous comments were that it was inappropriate, so it was moved to the glossary or definitions
section. There is a description on how to hang shutters, but it is no longer part of the design standards.
Previously under Reconsideration/Reapplication, it had read the commission had seven days to reconsider any
decision that it made. That was in case any new information came to light or in the case they wanted to
reconsider. After consideration the APDC decided it wasn't necessary as it caused confusion; so it was
removed. Now the decision will be final, but the applicant can reapply. It was noted in the bylaw at the end of
the guidelines that a space needs to be inserted between section 9 and 10 and between section 10 and 11.
Mr. McQuaid had expressed a concern about mentioning means and methods of construction at the last meeting.
It has been rephrased under Submission Requirements to read, "Plans including designs and methods of
construction, use of joinery, fasteners, sealants and adhesives may all be relevant. Architectural plans,
elevations and a selection of appropriate details to depict the proposed scope of work as it relates to the
requirements of the bylaw."
Another suggested change was made under APDC Approval Decision Process, in addition to other reasons to
approve a project, to take into account the energy efficiency needs of a building and anything to preserve the
structure itself. In addition, "Legally mandated alterations are also necessary, including those as a result of code
requirements and operational requirements surrounding a change in use." In the same section under #4,
previously it tried to quantify what the cost of repairs would be versus cost of historic value. They modified that
to make it less arbitrary.
Mr. McQuaid referred to wording under The Meaning of Historic Value; specifically Authenticity of materials
and methods of construction. He believed we should be judging the historic appropriateness versus the
authenticity because clearly if you are buying a replica piece to place on the building, it is not authentic material
but is appropriate to place there based on the style of the home and the area. He had suggested renaming that
section to Appropriateness of Materials and changing the first line to say, "Features of a property are deemed
appropriate if they are made from materials visually appropriate to the historical period and style of the
property." Clearly you are not going to find a 200 year old piece of millwork to stick on there.
Mr. Dwyer stated they did discuss that and felt it was covered in the next section titled Appropriateness within
the context. We stood our ground on this because we came up with various scenarios. A few years back the
United Parish had proposed to tear down their steeple and replace it with a fiberglass replica so that a
telecommunications company could install an antennae. The deal fell through but it would be a loss to the
community if it had happened as the the steeple would not be "real" anymore.
Mr. McQuaid stated he could appreciate that but if it is wood or vinyl, you would not know unless you went up
to it and knocked on it. Does it really add value to the commuity if it is wood? The vinyl one is going to last
longer and look better longer. The church over there has viny! siding on it now and most people couldn't tell the
difference. He stated sometimes aspiring to have people be authentic in material is somewhat burdensome and
unrealistic. Mr. Dwyer responded the whole idea of historic value and the purpose of this bylaw is intangible
values. Mr. McQuaid stated he would like to hear from some of the property owners in the district as this could
be a burden to the people who live in the district every day.
===PAGE 4===
Dave Rodgers, 82 Highland Street, stated he resides in the district. He does not have any issue with the
commission members but wanted to register his displeasure of being included in the district. He read a
statement stating more regulations, intervention and costs are being imposed on our residents without any
regard to the common sense and historic responsibility of the residents. Can anyone tell of specific instances
over the past 5-20 years that have negatively impacted our town and thus require this type of regulation? The
residents clearly care for their homes; they maintain them and are proud of them. Frankly they don't wait for
five years to paint the Town Hall, the center of our community. After reviewing the guidelines, he had some
questions. Has the board read the entire guidelines document? The board responded yes. He asked if the board
was familiar with the style guidelines referrenced on page eight. Point was made this was an opportunity for
public comment. Mr. Rodgers stated the reason he asked is because this is referenced in the guidelines by which
all of the designs will be judged. Mr. McQuaid responded what these field guides are saying is these
architectural styles are important to evaluate the properties. He believed the commissioners would use these to
help the applicant better understand their property and so everyone can be on the same page.
Mr. Rodgers noted in the body of the document it states they shall concern mostly with the alterations that are
visible from the public right of way. They also note that even though you may not need a building permit you
still should contact the APDC. He asked if vinyl or aluminum shutters would be allowed. Mr. Dwyer stated
shutters are exempt from the bylaw. Mr. Rodgers asked if vinyl doors and windows are allowed. Mr. Dwyer
stated they will be allowed as long as they don't degrade the historical value of the property. Mr. Rodgers asked
who specifically makes that determination and what part will the homeowner have in that process? Mr. Dwyer
stated the homeowner is responsible for bringing forth that proposal and communicating it to the APDC. The
APDC will make the decision whether it maintains the historical value of the property or if it is a downgrade, in
which case we wouldn't permit it unless it was deemed necessary.
Mr. Rodgers noted there is a significant difference in cost between wood and vinyl windows. Further discussion
ensued about sliding glass doors and greenhouses.
Mr. Rodgers asked about sandblasting brick. Chair McGrath responded sandblasting destroys the brick surface.
Mr. Rodgers asked if metal roofs would be permitted. Mr. McGrath stated it would change the historical
appearance, so no. Rodgers asked about metal chimneys: McGrath responded not viewed from the front. Mi.
Rodgers stated 82 Highland Street has two metal chimneys and has for years. Discussion ensued about existing
structures being exempt because they existed prior to the bylaw acceptance and then moved on to exempt
temporary buildings
Mr. Rodgers moved on to Hearing Procedure wording in #2, presentation by the applicant, which may be
limited "at the discretion of the Chair", #3 and #5, at "the direction of the Chair." Mr. Dwyer believed it was
standard language for hearings. Mr. Rodgers disagreed. Mr. Rodgers pointed out the wording that APDC
makes the determination if the alteration is necessary. Mr. Rodgers expressed concern about that wording and
inspections by the APDC. How many inspectors do we need? Discussion ensued on how and why the district
bylaw was created. Mr. Rodgers moved on to the flow chart, particularly the appeal process in accordance with
General Laws. If you are turned down by the APD you have got to spend more money and go to Superior
Court and fight your case. If someone wants to come in and do something, they have to have an architect draw
up the plans. He was concerned about what kind of money people are going to have to spend. Mr. Rodgers'
final comment was there are several gray areas here that need additional work.
Land Use Director Adam Burney stated the language referring to the Superior Court is in accordance with MA
General Laws and is from the bylaw itself as was suggested by Town Counsel. He added there is no Board
within the land use departments other than the Conservation Commission where an appeal of that board's
decision is not through Superior Court. It is standard practice for municipal boards. He noted if the APDC
denies the application, these guidelines do provide the opportunity to modify your application and resubmit
your application. In so much as features of structures that exist now and them being grandfathered or exempt,
Burney believed within the effective date language, there could be some language added in or a separate section
that alludes to features/structures existing prior to the date of the approval of these regulations shall be
considered conforming until such time as an alteration/modification/demolition is proposed. This would be a
catchall so prior to whatever effective date these become effective you have a statement that eliminates the
concern that someone might have to retroactively fit out their wood stove chimney with a brick exterior.
Discussion ensued on demolition by neglect situations.
===PAGE 5===
Mr. Burney addressed the hearing procedure. This is standard language on many rules and regulations. The
Chair always has the right to conduct the hearing; it's a facilitating of the meeting. Regarding motor homes,
there are subtle differences in each of those four categories based on where it is parked and whether or not it is
blocking the façade.
Nathan Lockwood, 91 Main Street, stated he is a homeowner in the district. He thanked the APDC for working
on the guidelines. He stated it would be really useful to understand the difference between a downgrade and
upgrade to a structure in the guidelines document. Having some clarity, for example, on already existing vinyl
siding and replacing it with vinyl siding if it looks okay would give homeowners some assurance. Also, the
painting of brick is very common. What if a building's brick is already painted? Look at the Ritter Building. He
also believed there was lack of clarity in the Demolition by Neglect section; particularly the APDC's thinking
behind it would be usetul.
Mr. McQuaid referred to the APD bylaw wording and stressed the guidelines should not stray from what the
Town approved.
Jamie Anderson, 944 Mass Ave, noted the primary concern was the front appearance of a house. He stated most
people can see three sides of a house from the road and suggested that be clarified. There is some ambiguity in
the wording relating to siding. He was also concerned about the added cost to provide eight sets of plans from
an architect for replacing siding. Mr. McGrath stated that would not be required for minor repairs. He
recommended a pre-meeting with the APD to find out what would be required for your individual situation.
We are here to be the guiding body. Mr. Dwyer stated the APDC has the right to waive any and all
requirements. That would be part of the administrative review. Not all of them are relevant to every project.
Ms. Bertram noted that the wording in the guidelines is more stringent than what was voted on by the Town as a
whole. It is important to understand what the goal was; to keep a visual historic appearance but also use
contemporary technology in the district. When we are talking about window and doors, to have a homeowner
keep to authentic materials could be costly and maintenance prohibitive. She was concerned about the language
in the current regulations. Mi. Ebersole stated there is more work to be done from this discussion; procedural
and substansive. He suggested one more pass at the guidelines.
Mr. McQuaid stated there were some design standards that were in the bylaw that were not covered completely
in the guidelines. He suggested going back to section 9 of the original bylaw design standards and make sure
they stay generally in line with that.
Dragonfly Garden Café LL.C- Common Victualer License Application-3 Lancaster Ave.
Applicant Joslin Schneider noted the last agenda item was very insightful because she is attempting to revitalize
a historical landmark and offer a coffee/tea house with fresh ingredients and hopefully use some of the beautiful
local farms resources that we have in this area. She described the business as a small group of local hospitality
professionals that hope to have a place that people can gather, share and learn. We would also like to have local
artists display their work in the space as well. Their hours will be from 7:00 a.m. to 4:30 p.m. with an exception
of game night on a Friday or an occasional tea, birthday party or shower on a Saturday or Sunday. We hope to
bring something unique to the town.
Motion: R. Ebersole
20: P. Bertram
To approve the common victualer license for Dragonfly Garden Café, LLC at 3 Lancaster Avenue
Vote: All in Favor
Mutual Appointment to the Cemetery Commission with the Cemetery Commissioners
Cemetery Commissioners Lance May and Lorraine Mendoza were present. Chairman May called their meeting
to order. Mr. May reported they had met earlier and had voted to recommend William Tyler to the vacancy. He
motioned to appoint Mr. Tyler to the three year term. Discussion ensued over the term of the appointment.
The elected vacancy, when appointed to, shall only be until the next annual election. Mr. Ebersole seconded the
Cemetery Commission nomination of William Tyler.
Mr. Tyler, 5 Graham Street, stated he recently retired and wanted to get more involved with the town. He is
Vice President of the Lunenburg Historical Society. He thought the Cemetery Commission sounded interesting.
He made it a point to read the last year's minutes so he would know what is involved with projects. He visited
the cemeteries with Cemetery Supt. Todd Holman so he has a general idea of what goes on there.
There were no other nominations.
===PAGE 6===
Discussion: DPW Rodriquenz recommended a policy for new people being appointed either before or after, to
meet with the Town Manager to understand the position and the duties.
Vote: Mr. McQuaid-aye, Ms. Luck-aye, Ms. Bertram - aye, Mr. Ebersole-aye, Mr. Toale- aye, Mr.
May- aye, Ms.Mendoza- aye
Ms. Bertram thanked Mr. Tyler for volunteering.
Appointment to Town Clockwinder- Tom Alonzo, 284 Lancaster Ave.
Motion: R. Ebersole
To appoint Tom Alonzo as Town Clockwinder with a term to expire June 30, 2018
2"°: P. Bertram
Vote: All in Favor
CURRENT BUSINESS
1. Charter Review Discussion and Timeline
Mr. Toale stated once every ten years the Town Charter must be reviewed and committee members are
required. The committee is composed of nine members: (2) Selectmen, (2) School Committee members,
(2) Finance Committee members; (2) selected by Town Moderator and (1) Planning Board member.
Mr. Ebersole and Mr. Toale will be the Selectmen representatives. The other committees and Town moderator
will be contacted for their recommendations. The committee will meet and make recommendations for the next
annual Town Meeting in 2018.
2. Sign MBTA Lease Agreement for Summer Street Construction Project
Ms. Lemieux presented the MBTA Use and Occupancy License Agreement. It has been reviewed by both the
MBTA counsel and our legal counsel. Trish Domigan of Vanasse Hangen Brustlin, Inc. (VHB) has been
working with the firm representing the MBTA to negotiate the annual license fee of $1000 that the Town will
pay to the MBTA. The one time administrative fee of $1000 has already been paid. The Town can continue to
pay the annual license fee for twenty years or at some point pay $25,000 for a permanent easement. This is the
final step in the right of way process and once executed can be advertised. Ms. Lemieux requested the Board
authorize her to sign the license agreement on their behalf.
Motion: R. Ebersole
2": P. Bertram
To authorize Town Manager to sign the Massachusetts Department of Transportation Traffic Control
Agreement #101529 as presented
Vote: All in Favor
3. Town of Lancaster Letter of Support for Mass Works Grant
Mr. Toale stated this letter is similar to the one signed last year for infrastructure. This letter of support would
be for the construction phase. Ms. Bertram expressed concern given the current water use restrictions the town
is under. She referred to a recent article in the Lunenburg Ledger concerning the water district exceeding the
amount of water allowed under their permit. Her concern was that water use restrictions do not apply to
commercial entities. The Town of Lancaster is looking to attract commercial business. She stated she would be
opposed to signing this letter until such time this Board hears from the water district that their existing water
withdrawal permit has been increased. She was concerned about the impact this would have on the Town of
Lunenburg residents. Mr. Toale agreed. Further discussion ensued. Mr. Toale wanted to hear more information
from Lancaster and the water district. Ms. Bertram would like the water district to report on where we are on the
increase of the water withdrawal permit. Mr. Ebersole reported the water district has not signed a Memorandum
of Understanding with the Town of Lancaster to date; they are still in discussions.
4. Minutes/ Warrants/Action File Issues
The Board approved minutes of July 11 and July 18, 2017. The Board signed accounts payable warrants in the
amounts of $78,840.31; $45,333.68, a Middle/High School construction warrant in the amount of $378,331.56;
a payroll warrant in the amount of $611,479.85 and a payroll deduction warrant in the amount of $625,236.38.
Also presented was the FY 2018 1" Quarter Water Department Commitment in the amount of $6,592.46.
Ms. Bertram stated at a previous meeting there was a request for a budget revision request for the stabilization
bars for the projectors. Did we follow up on that? Ms. Lemieux reported the Chair's signature was more of an
===PAGE 7===
acknowledgement of the revision notice. The work had already been done and the bill paid. Mr. Ebersole noted
in the future if the budget revision is in the account payable warrant; that is the time to take action. We should
be alerted to it before we sign it.
Ms. Bertram asked about the discussion on the town center, is it scheduled in August? Mr. Toale confirmed.
Committee Reports
Mr. McQuaid reported the Planning Board met on July 24* and the highlight of their meeting was a public
hearing for 40 Pioneer Drive and 98 Leominster-Shirley Road for construction of an addition for office and
warehouse space for Ecological Fibers, Inc.
Ms. Luck reported she is attending a Hazard Mitigation and Climate Adaptation Stakeholder workshop
tomorrow at the Massachusetts Division of Wildlife and Fisheries Headquarters in Westboro. It has a
stormwater focus. At the July 27 meeting of the Storm Water Task Force they reviewed the status of the 2003
MS4 permit. Our consultants believe we are in good shape generally but are lacking in documentation and data
collection, as well as procedures for dealing with illicit discharge protection and elimination. The Central Mass
Regional Stormwater Coalition does have templates we could adopt but they need to be reviewed and tailored to
the town. The town needs to come up with a central data system for recording and preserving documentation for
improvements as required by the stormwater management plan. Ms. Bertram noted MRPC has a tool that is
available to members to catalog data surrounding every stormwater structure as well as to maintain plans. The
Storm Water Task Force reviewed the draft Notice of Intent for the new MS4 permit, which we now expect to
be due in September of 2018. It is scheduled on the Board of Selectmen October 17, 2017 agenda. Town
Manager Lemieux has informed the SWTF that it may begin to utilize the $25,000 Community Compact grant.
That will be a discussion at their next meeting on August 24*"
The School Committee held a brief goal setting workshop on the 19* and they meet again tomorrow evening.
Town Manager Report:
Town Hall Painting Project:
In order to receive more input from the citizenry, a survey monkey will be placed on the Town website about
the future color of the Town Hall. Due to the fact there is a Preservation Restriction Agreement between Mass
Historical Commission and the Town that is attached to the deed, she contacted Mass Historical Commission to
check to see if we needed their approval to paint or change the color of the paint of the Town Hall prior to
proceeding with putting it out to bid. Paul Holtz of Mass Historical told her that the paint was not considered an
alteration under the terms of the agreement and does not need their approval, but any replacement of carpentry
of the building would need to match the existing carpentry. This will be incorporated into the bid and once a
contractor is chosen, we will correspond with Mass Historical that the material chosen will match the existing
material.
Union Negotiations:
Labor Counsel Marc Terry and I have had three negotiation sessions with the Municipal Employees Union thus
far and have another meeting scheduled for August 10#h
. We have had negotiation sessions with the
Firefighters' Union three times and have another meeting scheduled for August 17"
Town Counsel Oftice Hours:
Our new Town Counsel held their first office hours on Tuesday, July 25"
… A "town-wide" email was sent to all
departments, employees, boards, and committee members to invite them to meet with them to discuss any.
pending or potential legal matters. Attorney Adam Costa, who will be our lead counsel and Attorney Jay
Talerman came at the end of our monthly department head meeting to introduce themselves and subsequently
met with a couple of department heads and one Sewer Commission member. I discussed with Attorney Costa
about alternating between day and evening office hours in order to accommodate board and committee
members that may work during the day. The next monthly office hours will be the evening of August 22 and
Attorney Costa will be available to attend the Board of Selectmen's meeting that evening to brief the Board on
the status of any pending litigation.
It was suggested the liaisons should encourage their boards to take advantage of the office hours. Office hours
will be held for three to four hours per month.
===PAGE 8===
Mr. Toale reported this board meets again on August 8t*; the 15' will be a non-televised workshop meeting on
town buildings/infrastructure. It is open to the public. The Board will meet on August 22d since there are five
weeks in this month.
Public Comment: Mr. Ebersole reported tonight is the Town's 289th anniversary.
The Board signed thank you letters to outgoing committee members (Douglas MacMillan and Stephen Schaff)
and a retiring constable (Stanley Young).
Motion: P. Bertram
To adjourn the meeting at 9:25 p.m.
2"'d. P. Luck
Vote: All in Favor
Respectfully submitted,
Elaine M. Peterson
Executive Assistant to the Town Manager
RECEIVED & FILED
JUN 2 3 2017
LUNENBURG TOWY
CLERK OFFICE

========================================================================================
DOCUMENT : 2017-08-01-minutes-5060.txt
BOARD    : select-board
DATE     : 2017-08-01
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-01-minutes-5060.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08012017-5060
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MINUTES
Joseph F. Bilotta Meeting Room, Town Hall
August 1, 2017
Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Clerk; Phyllis
Luck, Member; Damon McQuaid, Member
Also present: Heather Lemieux, Town Manager
The meeting commenced at 7:00 p.m. with the Pledge of Allegiance.
PUBLIC COMMENT:
DPW Director Jack Rodriquenz reported the MassDOT website posted the Route 13 project, from Northfield
Road to the Townsend line, at a cost of approximately $1.4 million, was advertised on July 8th. The bid opening
will be in the fall. The work will probably not start until 2018. He thanked Ms. Bertram for her continuing work
with MPO.
4 Quarter Financial Report for FY2017
Finance Director Brochu reported FY17 was a good year.
Revenue
On the revenue side, the total collections for FY17 were $37,110,671.82 or 101.07% of FY17 estimates through
June 30, 2017. Under Local Receipts, we collected 116.36% of the FY17 Local Receipt estimate. Amounts
received that were above target were Departmental Revenue- Schools (192.59% or $64,810.30 more); Licenses
and Permits (124.36% or $60,631.31 more); Motor Vehicle Excise (116.43% or $253,604.29 more); Penalties
and Interest (113.02% or $23,367.87 more); and Miscellaneous Non-Recurring revenue (150.84% or
$156,417.75 more).
Some categories that we received below what was estimated are Fines and Forfeits (63.01% or $13,205.89
below); Local Option Meals Tax (85.25% or $17,413.99 below); Departmental Revenue-Other (87.98% or
$33,900.51 below) and Investment Income (83.17% or $9,098.25 below).
Under Taxes - we received 99.02% or $241,667.06 less than the levy estimate. We also received $96,616.58 in
tax lien revenue which wasn't included in the estimate tax levy. Under State Aid, we received 100.65% or
$50,285.99 more than the state aid estimate due to an increase in our charter tuition reimbursement.
Expenditures
We expended/encumbered $36,811,166.27 (99.49%) of budgeted expenditures as of June 30, 2017. We had
appropriation closeouts of $358,084.74. State assessments were $170,787 higher than the cherry sheet
estimates. This was largely due to school choice/charter tuition for students going out of district. A large portion
of the appropriation closeout is in the school department and represents the net increase in choice/charter
assessments and charter reimbursement revenue.
On the expenditure side, unexpended balances remain in the following:
• Salary Reserve Fund $1733.96
• Assessors' Administration $1,156.17
• Tax Collector's Administration $5,804.53
• Legal Expenses $5,208.89
• Town Clerk's Administration $6810
• Conservation Commission $3118.48
• Central Purchasing $12,449.69
• Injury Leave $5187.17
RECEIVED & FILED
JUN 23 2017
LUNENBURG TOWN
CLERK OFFICE
===PAGE 2===
• Fire Dept. $5739.27
• Radio Watch $4,209.09
• School Dept. $120,674
• Montachusett Regional Vocational Technical School Assessment $9,209
• Vehicle Maintenance $43,369.39
• Police/Fire Medical no funds expended from the %5000 appropriation
• Lunenburg Public Library $7,835.26
• Parks & Recreation $13,194.05
RECEIVED & FILED
JUN 2 3 2017
LUNENBURG TOWN
CLERK OFFICE
• Health/Life Insurance $45,103.74
Some internal transfers were done to adjust all other appropriations to at or near zero at the close of the fiscal
year. The preliminary estimate for Free Cash for FY17 is around $850,000.
Mr. Ebersole noted $50,000 of motor vehicle excise has been dedicated annually to the pavement management
plan. Mr. Toale thanked Ms. Brochu for her report.
Resignation and Appointments to Agricultural Commission:
Douglas MacMillan has resigned from the Agricultural Commission effective July 17, 2017. There is also an
existing vacancy due to another member not being reappointed.
Chairman Jeff Mendoza stated the commissioners sadly accepted MacMillan's resignation, who was one of the
original founding members. Mendoza stated they have two candidates who have expressed interest in being
appointed to the Agricultural Commission. Ryan Stober, 275 Pleasant Street, is well known in the farming
community in town. He has attended several meetings. Ashley Steele, 61 Whalom Road, attended a meeting a
while ago and expressed interest in taking on the clerk position on the commission. She is not actively farming
but he stated it is good the entire community be represented.
Ryan Stober stated agriculture has been in his blood since he was born. He has experience with dairy farming.
He did not want to be a farmer but likes to help out the farmers. He wants to bring agriculture to the community
more with a grange and more activity.
Motion: P. Bertram
To appoint Ryan Stober to the Agricultural Commission with a term ending June 30, 2020
2"d: R.Ebersole
Vote: All in Favor
Ashley Steele has been a resident for four years and attended Lunenburg High School. She wanted to be
involved in the community so she went online and was immediately drawn to the Agricultural Commission.
She loves gardening and wants to get involved and bring the farmers together.
Motion: R. Ebersole
2nd: P. Bertram
To appoint Ashley Steele to the Agricultural Commission with a term to expire June 30, 2018
Vote: All in Favor
Town Manager Appointments
Local Building Inspector- Ms. Lemieux reported Andrew Hudson has been a lifelong resident of Lunenburg
and has sixteen plus years of experience in construction and building maintenance. He is also aspiring to take
the necessary state test to become Building Commissioner which was the intent in the job search.
Land Use Director Burney, Interim Building Inspector Rhodes and Ms. Lemieux all agreed that he was the best
candidate. They highly recommend that you ratify my appointment tonight.
Mr. Hudson introduced himself to the Board stating he would like to bring in his knowledge of the field. He
knows it's a long road ahead and he is willing to be here for the journey. He would love to give back to the
town and community that made him who he is today.
Motion: R. Ebersole
2nd: P. Bertram
To ratify the appointment of Andrew Hudson as Local Building Inspector
Vote: All in Favor
===PAGE 3===
Ms. Lemieux moved on to the position of DPW Administrative Assistant. DPW Director Rodriquenz stated
Samantha Tucker is originally from New York City and resides in Shirley. He reported they received 30
applications for the position and with outgoing assistant Amanda Moore reduced them by 80%. He believed Ms.
Tucker is a good fit for the position and requested the Board ratify her appointment. If ratified she will begin
training on the 8th
Motion: R. Ebersole
2"°: P. Luck
To ratify the appointment of Samantha Tucker to the position of DPW Administrative Assistant
Vote: All in Favor
Architectural Preservation District Commission (APDC) /Continuation of Guidelines Review
Chairman Richard McGrath asked if there were any questions or comments.
Mr. Ebersole noted the property owners in the APD were notified via letter that the APD guidelines discussion
was tonight. APDC Member Cullen Dwyer stated one issue that caused some confusion before was shutters;
they were included in the design standards along with a description of what was historically valuable for
shutters. Previous comments were that it was inappropriate, so it was moved to the glossary or definitions
section. There is a description on how to hang shutters, but it is no longer part of the design standards.
Previously under Reconsideration/Reapplication, it had read the commission had seven days to reconsider any
decision that it made. That was in case any new information came to light or in the case they wanted to
reconsider. After consideration the APDC decided it wasn't necessary as it caused confusion; so it was
removed. Now the decision will be final, but the applicant can reapply. It was noted in the bylaw at the end of
the guidelines that a space needs to be inserted between section 9 and 10 and between section 10 and 11.
Mr. McQuaid had expressed a concern about mentioning means and methods of construction at the last meeting.
It has been rephrased under Submission Requirements to read, "Plans including designs and methods of
construction, use of joinery, fasteners, sealants and adhesives may all be relevant. Architectural plans,
elevations and a selection of appropriate details to depict the proposed scope of work as it relates to the
requirements of the bylaw."
Another suggested change was made under APDC Approval Decision Process, in addition to other reasons to
approve a project, to take into account the energy efficiency needs of a building and anything to preserve the
structure itself. In addition, "Legally mandated alterations are also necessary, including those as a result of code
requirements and operational requirements surrounding a change in use." In the same section under #4,
previously it tried to quantify what the cost of repairs would be versus cost of historic value. They modified that
to make it less arbitrary.
Mr. McQuaid referred to wording under The Meaning of Historic Value; specifically Authenticity of materials
and methods of construction. He believed we should be judging the historic appropriateness versus the
authenticity because clearly if you are buying a replica piece to place on the building, it is not authentic material
but is appropriate to place there based on the style of the home and the area. He had suggested renaming that
section to Appropriateness of Materials and changing the first line to say, "Features of a property are deemed
appropriate if they are made from materials visually appropriate to the historical period and style of the
property." Clearly you are not going to find a 200 year old piece of millwork to stick on there.
Mr. Dwyer stated they did discuss that and felt it was covered in the next section titled Appropriateness within
the context. We stood our ground on this because we came up with various scenarios. A few years back the
United Parish had proposed to tear down their steeple and replace it with a fiberglass replica so that a
telecommunications company could install an antennae. The deal fell through but it would be a loss to the
community if it had happened as the the steeple would not be "real" anymore.
Mr. McQuaid stated he could appreciate that but if it is wood or vinyl, you would not know unless you went up
to it and knocked on it. Does it really add value to the commuity if it is wood? The vinyl one is going to last
longer and look better longer. The church over there has viny! siding on it now and most people couldn't tell the
difference. He stated sometimes aspiring to have people be authentic in material is somewhat burdensome and
unrealistic. Mr. Dwyer responded the whole idea of historic value and the purpose of this bylaw is intangible
values. Mr. McQuaid stated he would like to hear from some of the property owners in the district as this could
be a burden to the people who live in the district every day.
===PAGE 4===
Dave Rodgers, 82 Highland Street, stated he resides in the district. He does not have any issue with the
commission members but wanted to register his displeasure of being included in the district. He read a
statement stating more regulations, intervention and costs are being imposed on our residents without any
regard to the common sense and historic responsibility of the residents. Can anyone tell of specific instances
over the past 5-20 years that have negatively impacted our town and thus require this type of regulation? The
residents clearly care for their homes; they maintain them and are proud of them. Frankly they don't wait for
five years to paint the Town Hall, the center of our community. After reviewing the guidelines, he had some
questions. Has the board read the entire guidelines document? The board responded yes. He asked if the board
was familiar with the style guidelines referrenced on page eight. Point was made this was an opportunity for
public comment. Mr. Rodgers stated the reason he asked is because this is referenced in the guidelines by which
all of the designs will be judged. Mr. McQuaid responded what these field guides are saying is these
architectural styles are important to evaluate the properties. He believed the commissioners would use these to
help the applicant better understand their property and so everyone can be on the same page.
Mr. Rodgers noted in the body of the document it states they shall concern mostly with the alterations that are
visible from the public right of way. They also note that even though you may not need a building permit you
still should contact the APDC. He asked if vinyl or aluminum shutters would be allowed. Mr. Dwyer stated
shutters are exempt from the bylaw. Mr. Rodgers asked if vinyl doors and windows are allowed. Mr. Dwyer
stated they will be allowed as long as they don't degrade the historical value of the property. Mr. Rodgers asked
who specifically makes that determination and what part will the homeowner have in that process? Mr. Dwyer
stated the homeowner is responsible for bringing forth that proposal and communicating it to the APDC. The
APDC will make the decision whether it maintains the historical value of the property or if it is a downgrade, in
which case we wouldn't permit it unless it was deemed necessary.
Mr. Rodgers noted there is a significant difference in cost between wood and vinyl windows. Further discussion
ensued about sliding glass doors and greenhouses.
Mr. Rodgers asked about sandblasting brick. Chair McGrath responded sandblasting destroys the brick surface.
Mr. Rodgers asked if metal roofs would be permitted. Mr. McGrath stated it would change the historical
appearance, so no. Rodgers asked about metal chimneys: McGrath responded not viewed from the front. Mi.
Rodgers stated 82 Highland Street has two metal chimneys and has for years. Discussion ensued about existing
structures being exempt because they existed prior to the bylaw acceptance and then moved on to exempt
temporary buildings
Mr. Rodgers moved on to Hearing Procedure wording in #2, presentation by the applicant, which may be
limited "at the discretion of the Chair", #3 and #5, at "the direction of the Chair." Mr. Dwyer believed it was
standard language for hearings. Mr. Rodgers disagreed. Mr. Rodgers pointed out the wording that APDC
makes the determination if the alteration is necessary. Mr. Rodgers expressed concern about that wording and
inspections by the APDC. How many inspectors do we need? Discussion ensued on how and why the district
bylaw was created. Mr. Rodgers moved on to the flow chart, particularly the appeal process in accordance with
General Laws. If you are turned down by the APD you have got to spend more money and go to Superior
Court and fight your case. If someone wants to come in and do something, they have to have an architect draw
up the plans. He was concerned about what kind of money people are going to have to spend. Mr. Rodgers'
final comment was there are several gray areas here that need additional work.
Land Use Director Adam Burney stated the language referring to the Superior Court is in accordance with MA
General Laws and is from the bylaw itself as was suggested by Town Counsel. He added there is no Board
within the land use departments other than the Conservation Commission where an appeal of that board's
decision is not through Superior Court. It is standard practice for municipal boards. He noted if the APDC
denies the application, these guidelines do provide the opportunity to modify your application and resubmit
your application. In so much as features of structures that exist now and them being grandfathered or exempt,
Burney believed within the effective date language, there could be some language added in or a separate section
that alludes to features/structures existing prior to the date of the approval of these regulations shall be
considered conforming until such time as an alteration/modification/demolition is proposed. This would be a
catchall so prior to whatever effective date these become effective you have a statement that eliminates the
concern that someone might have to retroactively fit out their wood stove chimney with a brick exterior.
Discussion ensued on demolition by neglect situations.
===PAGE 5===
Mr. Burney addressed the hearing procedure. This is standard language on many rules and regulations. The
Chair always has the right to conduct the hearing; it's a facilitating of the meeting. Regarding motor homes,
there are subtle differences in each of those four categories based on where it is parked and whether or not it is
blocking the façade.
Nathan Lockwood, 91 Main Street, stated he is a homeowner in the district. He thanked the APDC for working
on the guidelines. He stated it would be really useful to understand the difference between a downgrade and
upgrade to a structure in the guidelines document. Having some clarity, for example, on already existing vinyl
siding and replacing it with vinyl siding if it looks okay would give homeowners some assurance. Also, the
painting of brick is very common. What if a building's brick is already painted? Look at the Ritter Building. He
also believed there was lack of clarity in the Demolition by Neglect section; particularly the APDC's thinking
behind it would be usetul.
Mr. McQuaid referred to the APD bylaw wording and stressed the guidelines should not stray from what the
Town approved.
Jamie Anderson, 944 Mass Ave, noted the primary concern was the front appearance of a house. He stated most
people can see three sides of a house from the road and suggested that be clarified. There is some ambiguity in
the wording relating to siding. He was also concerned about the added cost to provide eight sets of plans from
an architect for replacing siding. Mr. McGrath stated that would not be required for minor repairs. He
recommended a pre-meeting with the APD to find out what would be required for your individual situation.
We are here to be the guiding body. Mr. Dwyer stated the APDC has the right to waive any and all
requirements. That would be part of the administrative review. Not all of them are relevant to every project.
Ms. Bertram noted that the wording in the guidelines is more stringent than what was voted on by the Town as a
whole. It is important to understand what the goal was; to keep a visual historic appearance but also use
contemporary technology in the district. When we are talking about window and doors, to have a homeowner
keep to authentic materials could be costly and maintenance prohibitive. She was concerned about the language
in the current regulations. Mi. Ebersole stated there is more work to be done from this discussion; procedural
and substansive. He suggested one more pass at the guidelines.
Mr. McQuaid stated there were some design standards that were in the bylaw that were not covered completely
in the guidelines. He suggested going back to section 9 of the original bylaw design standards and make sure
they stay generally in line with that.
Dragonfly Garden Café LL.C- Common Victualer License Application-3 Lancaster Ave.
Applicant Joslin Schneider noted the last agenda item was very insightful because she is attempting to revitalize
a historical landmark and offer a coffee/tea house with fresh ingredients and hopefully use some of the beautiful
local farms resources that we have in this area. She described the business as a small group of local hospitality
professionals that hope to have a place that people can gather, share and learn. We would also like to have local
artists display their work in the space as well. Their hours will be from 7:00 a.m. to 4:30 p.m. with an exception
of game night on a Friday or an occasional tea, birthday party or shower on a Saturday or Sunday. We hope to
bring something unique to the town.
Motion: R. Ebersole
20: P. Bertram
To approve the common victualer license for Dragonfly Garden Café, LLC at 3 Lancaster Avenue
Vote: All in Favor
Mutual Appointment to the Cemetery Commission with the Cemetery Commissioners
Cemetery Commissioners Lance May and Lorraine Mendoza were present. Chairman May called their meeting
to order. Mr. May reported they had met earlier and had voted to recommend William Tyler to the vacancy. He
motioned to appoint Mr. Tyler to the three year term. Discussion ensued over the term of the appointment.
The elected vacancy, when appointed to, shall only be until the next annual election. Mr. Ebersole seconded the
Cemetery Commission nomination of William Tyler.
Mr. Tyler, 5 Graham Street, stated he recently retired and wanted to get more involved with the town. He is
Vice President of the Lunenburg Historical Society. He thought the Cemetery Commission sounded interesting.
He made it a point to read the last year's minutes so he would know what is involved with projects. He visited
the cemeteries with Cemetery Supt. Todd Holman so he has a general idea of what goes on there.
There were no other nominations.
===PAGE 6===
Discussion: DPW Rodriquenz recommended a policy for new people being appointed either before or after, to
meet with the Town Manager to understand the position and the duties.
Vote: Mr. McQuaid-aye, Ms. Luck-aye, Ms. Bertram - aye, Mr. Ebersole-aye, Mr. Toale- aye, Mr.
May- aye, Ms.Mendoza- aye
Ms. Bertram thanked Mr. Tyler for volunteering.
Appointment to Town Clockwinder- Tom Alonzo, 284 Lancaster Ave.
Motion: R. Ebersole
To appoint Tom Alonzo as Town Clockwinder with a term to expire June 30, 2018
2"°: P. Bertram
Vote: All in Favor
CURRENT BUSINESS
1. Charter Review Discussion and Timeline
Mr. Toale stated once every ten years the Town Charter must be reviewed and committee members are
required. The committee is composed of nine members: (2) Selectmen, (2) School Committee members,
(2) Finance Committee members; (2) selected by Town Moderator and (1) Planning Board member.
Mr. Ebersole and Mr. Toale will be the Selectmen representatives. The other committees and Town moderator
will be contacted for their recommendations. The committee will meet and make recommendations for the next
annual Town Meeting in 2018.
2. Sign MBTA Lease Agreement for Summer Street Construction Project
Ms. Lemieux presented the MBTA Use and Occupancy License Agreement. It has been reviewed by both the
MBTA counsel and our legal counsel. Trish Domigan of Vanasse Hangen Brustlin, Inc. (VHB) has been
working with the firm representing the MBTA to negotiate the annual license fee of $1000 that the Town will
pay to the MBTA. The one time administrative fee of $1000 has already been paid. The Town can continue to
pay the annual license fee for twenty years or at some point pay $25,000 for a permanent easement. This is the
final step in the right of way process and once executed can be advertised. Ms. Lemieux requested the Board
authorize her to sign the license agreement on their behalf.
Motion: R. Ebersole
2": P. Bertram
To authorize Town Manager to sign the Massachusetts Department of Transportation Traffic Control
Agreement #101529 as presented
Vote: All in Favor
3. Town of Lancaster Letter of Support for Mass Works Grant
Mr. Toale stated this letter is similar to the one signed last year for infrastructure. This letter of support would
be for the construction phase. Ms. Bertram expressed concern given the current water use restrictions the town
is under. She referred to a recent article in the Lunenburg Ledger concerning the water district exceeding the
amount of water allowed under their permit. Her concern was that water use restrictions do not apply to
commercial entities. The Town of Lancaster is looking to attract commercial business. She stated she would be
opposed to signing this letter until such time this Board hears from the water district that their existing water
withdrawal permit has been increased. She was concerned about the impact this would have on the Town of
Lunenburg residents. Mr. Toale agreed. Further discussion ensued. Mr. Toale wanted to hear more information
from Lancaster and the water district. Ms. Bertram would like the water district to report on where we are on the
increase of the water withdrawal permit. Mr. Ebersole reported the water district has not signed a Memorandum
of Understanding with the Town of Lancaster to date; they are still in discussions.
4. Minutes/ Warrants/Action File Issues
The Board approved minutes of July 11 and July 18, 2017. The Board signed accounts payable warrants in the
amounts of $78,840.31; $45,333.68, a Middle/High School construction warrant in the amount of $378,331.56;
a payroll warrant in the amount of $611,479.85 and a payroll deduction warrant in the amount of $625,236.38.
Also presented was the FY 2018 1" Quarter Water Department Commitment in the amount of $6,592.46.
Ms. Bertram stated at a previous meeting there was a request for a budget revision request for the stabilization
bars for the projectors. Did we follow up on that? Ms. Lemieux reported the Chair's signature was more of an
===PAGE 7===
acknowledgement of the revision notice. The work had already been done and the bill paid. Mr. Ebersole noted
in the future if the budget revision is in the account payable warrant; that is the time to take action. We should
be alerted to it before we sign it.
Ms. Bertram asked about the discussion on the town center, is it scheduled in August? Mr. Toale confirmed.
Committee Reports
Mr. McQuaid reported the Planning Board met on July 24* and the highlight of their meeting was a public
hearing for 40 Pioneer Drive and 98 Leominster-Shirley Road for construction of an addition for office and
warehouse space for Ecological Fibers, Inc.
Ms. Luck reported she is attending a Hazard Mitigation and Climate Adaptation Stakeholder workshop
tomorrow at the Massachusetts Division of Wildlife and Fisheries Headquarters in Westboro. It has a
stormwater focus. At the July 27 meeting of the Storm Water Task Force they reviewed the status of the 2003
MS4 permit. Our consultants believe we are in good shape generally but are lacking in documentation and data
collection, as well as procedures for dealing with illicit discharge protection and elimination. The Central Mass
Regional Stormwater Coalition does have templates we could adopt but they need to be reviewed and tailored to
the town. The town needs to come up with a central data system for recording and preserving documentation for
improvements as required by the stormwater management plan. Ms. Bertram noted MRPC has a tool that is
available to members to catalog data surrounding every stormwater structure as well as to maintain plans. The
Storm Water Task Force reviewed the draft Notice of Intent for the new MS4 permit, which we now expect to
be due in September of 2018. It is scheduled on the Board of Selectmen October 17, 2017 agenda. Town
Manager Lemieux has informed the SWTF that it may begin to utilize the $25,000 Community Compact grant.
That will be a discussion at their next meeting on August 24*"
The School Committee held a brief goal setting workshop on the 19* and they meet again tomorrow evening.
Town Manager Report:
Town Hall Painting Project:
In order to receive more input from the citizenry, a survey monkey will be placed on the Town website about
the future color of the Town Hall. Due to the fact there is a Preservation Restriction Agreement between Mass
Historical Commission and the Town that is attached to the deed, she contacted Mass Historical Commission to
check to see if we needed their approval to paint or change the color of the paint of the Town Hall prior to
proceeding with putting it out to bid. Paul Holtz of Mass Historical told her that the paint was not considered an
alteration under the terms of the agreement and does not need their approval, but any replacement of carpentry
of the building would need to match the existing carpentry. This will be incorporated into the bid and once a
contractor is chosen, we will correspond with Mass Historical that the material chosen will match the existing
material.
Union Negotiations:
Labor Counsel Marc Terry and I have had three negotiation sessions with the Municipal Employees Union thus
far and have another meeting scheduled for August 10#h
. We have had negotiation sessions with the
Firefighters' Union three times and have another meeting scheduled for August 17"
Town Counsel Oftice Hours:
Our new Town Counsel held their first office hours on Tuesday, July 25"
… A "town-wide" email was sent to all
departments, employees, boards, and committee members to invite them to meet with them to discuss any.
pending or potential legal matters. Attorney Adam Costa, who will be our lead counsel and Attorney Jay
Talerman came at the end of our monthly department head meeting to introduce themselves and subsequently
met with a couple of department heads and one Sewer Commission member. I discussed with Attorney Costa
about alternating between day and evening office hours in order to accommodate board and committee
members that may work during the day. The next monthly office hours will be the evening of August 22 and
Attorney Costa will be available to attend the Board of Selectmen's meeting that evening to brief the Board on
the status of any pending litigation.
It was suggested the liaisons should encourage their boards to take advantage of the office hours. Office hours
will be held for three to four hours per month.
===PAGE 8===
Mr. Toale reported this board meets again on August 8t*; the 15' will be a non-televised workshop meeting on
town buildings/infrastructure. It is open to the public. The Board will meet on August 22d since there are five
weeks in this month.
Public Comment: Mr. Ebersole reported tonight is the Town's 289th anniversary.
The Board signed thank you letters to outgoing committee members (Douglas MacMillan and Stephen Schaff)
and a retiring constable (Stanley Young).
Motion: P. Bertram
To adjourn the meeting at 9:25 p.m.
2"'d. P. Luck
Vote: All in Favor
Respectfully submitted,
Elaine M. Peterson
Executive Assistant to the Town Manager
RECEIVED & FILED
JUN 2 3 2017
LUNENBURG TOWY
CLERK OFFICE

========================================================================================
DOCUMENT : 2017-08-01-minutes-5080.txt
BOARD    : select-board
DATE     : 2017-08-01
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-01-minutes-5080.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08012017-5080
========================================================================================

===OCR macOS Vision===
===PAGE 1===
RECEIVED & FILED
OCT 0 5 2017
BOARD OF SELECTMEN
MINUTES
LUNENBURG TOWN
CLERK OFFICE
Public Safety Building, Police Department Conference Room
655 Massachusetts Avenue
August 1, 2017
Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman (4:45 p.m.); Paula Bertram,
Clerk; Phyllis Luck, Member; Damon McQuaid, Member
Also present: Heather Lemieux, Town Manager, Police Chief James Marino; Morgan Leger, Lunenburg
Ledger.
The meeting commenced at 4:03 p.m.
Traffic Rules and Orders:
As a follow-up to the Board of Selectmen meeting on June 20%,
the Board wished to discuss the roads identified
as off street parking or no parking with the Police Chief and perform a site visit if necessary.
Police Chief J. Marino started the conversation off by stating the MassDOT Uniform Traffic Code is used for
Traffic Rules and Orders for cities and towns and the version in front of the Board is based on the Uniform
Traffic Code with alterations. The Board and the Chief discussed the stop signs at private developments, like
Walmart, and that stop signs typically go before the Board of Selectmen to be approved per Chapter 90, Sec. 18,
which makes them enforceable. The locations with stop signs on private property include Walmart, Asian
Imperial, Woodlands, Tri-Town, Stone Farm, and Emerald Place. The Board asked that the Land Use Director
provide a list of possible properties that have stop signs that could be made legal. The Board requested the
Chief work with the Land Use Director to incorporate stop signs on private developments into the review
process, whether it be through regulations, by-law, etc. The Board inquired if Planning Board approved a stop
sign as part of an approved plan, is it legal and is the sign on private or public right of way?
Discussion on the illegal stop sign at Turkey Hill that is supposed to be a yield sign but the Town should go
through the process to make it a legal stop sign.
The Board asked the Chief to locate the places within the document where the Rules and Orders say there is a
sign on a street or no parking sign is supposed to be but there currently is no signage. The Chief stated he is
currently reviewing all the no parking locations; the Board asked that all roads that should have no parking be
included. The Police Chief will include the Fire Chief in reviewing places where no parking signs should be.
The Board and Chief discussed parking on roads like Whalom and Lancaster Road. The law is if it is not
obstructing a lane, then the vehicle would be allowed to park on the side of the road.
There was discussion on the fines referenced in the Traffic Rules and Orders and as defined by Massachusetts
General Law. All agreed that a chart to reference would make it easier for users.
The Board and the Chief discussed thickly settled areas and acceptance of the new law that would change the
speed limit from 30 mph to 25 mph.
Selectman Ebersole offered to work with Chief Marino on creating a map with roads that there currently is no
parking allowed, including the width of the road.
The Board's scheduled site visit to the no parking areas will wait until a map is produced. The Chief will make
===PAGE 2===
the agreed upon changes and he will present a revised draft at a future meeting that includes stop sign locations
that are town owned as well.
Motion: P. Bertram
To adjourn the meeting
Respectfully submitted,
Tell lemap
Heather R. Lemieux
Town Manager
znd. R. Ebersole
Vote: All in Favor

========================================================================================
DOCUMENT : 2017-08-08-agenda-5038.txt
BOARD    : select-board
DATE     : 2017-08-08
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-08-agenda-5038.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08082017-5038
========================================================================================

===PAGE 1===
                                    BOARD OF SELECTMEN 
August 8, 2017 
  7:00 PM – Town Hall 
     Bilotta Meeting Room, Second Floor 
 REVISED AGENDA 
 
In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being 
recorded and broadcast over the Lunenburg Public Access channel. 
 
7:00 PM  PLEDGE OF ALLEGIANCE 
 
PUBLIC COMMENT  
 BOARD 
 PUBLIC 
 
ANNOUNCEMENTS  
 
APPOINTMENTS  
7:05 PM PAYT Program Update-Bags fees, Retail Distribution Program, Extended Contract with  
               WasteZero and Recycling Textiles 
7:20 PM License Violation Hearing for Nuttings Body & Frame Co.Inc. 40 Summer Street 
8:00 PM Earth Removal Permits Renewals 
 
CURRENT BUSINESS 
1. T-Mobile Lease Agreement for Town Hall 
2. Minutes/ Warrants/ Action File Issues 
3. Request from the Sewer Commission to use Special Legal Counsel 
4. Committee Reports:  Board of Health; Cable Advisory Committee; Capital Planning Committee; 
Conservation Commission;Finance Committee; Library Board of Trustees; MART Advisory; MPO; 
Planning Board; PACC; School Committee; School Building Committee; Sewer Commission; Storm 
Water Task Force; ZBA 
5. Town Manager Reports or Department Reports 
 
 
INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 
 
PUBLIC COMMENT 
 PUBLIC 
 BOARD 
 
UPCOMING MEETING/EVENTS SCHEDULE 
August 15 
August 22 
September 5 
 
ADJOURN

========================================================================================
DOCUMENT : 2017-08-08-minutes-5038.txt
BOARD    : select-board
DATE     : 2017-08-08
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-08-minutes-5038.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08082017-5038
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MINUTES
Joseph F. Bilotta Meeting Room, Town Hall
August 8, 2017
Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Clerk; Phyllis
Luck, Member; Damon McQuaid, Member
Also present: Heather Lemieux, Town Manager
The meeting commenced at 7:00 p.m. with the Pledge of Allegiance.
PUBLIC COMMENT:
Ms. Luck announced the Lions Club Pancake Breakfast is at the Senior Center tomorrow morning from 8:00 to
11:00 a.m. The price is $2.00 per person and takeout is available.
Ms. Bertram announced the Conservation Commission is holding a public hearing on August 30 at 6:30 p.m. on
their forest stewardship planning for the small town forest. This is in line with their forestry management plan.
There will be a Walk in the Woods on August 26" to walk the small town forest. Those interested should meet
at the Ritter Building at 8:45 a.m.
Dave Berthiaume, 109 Whiting Street, and Marilyn Talley, 172 Peninsula Drive, came to announce the 37°
Annual Stillman Country Fair will be held on September 9' at 991 Lancaster Avenue. Monies raised this year
will be distributed to the Lunenburg Turkey Hill Family Lions Club and the 4-H Club. There is free parking and
admission and children's activities. The "King Lion Burger" will be featured this year at the fair.
Mr. Berthiaume stated the Lions Club would like to place their Lions Club International signs in areas around
Lunenburg. This will be scheduled on a future agenda.
PAYT Program Update-Bags fees, Retail Distribution Program, Extended Contract with WasteZero and
Recycling Textiles
Ms. Lemieux reported the Pay As You Throw extra large trash bag discussion is a continuance from a previous
meeting. If the Town was to do a pilot program introducing the extra large pay as you throw bag, a 40 gallon
clear plastic bag/2.0 mil thickness; the minimum order would be 50 cases at $75.50 per case of 200 bags. This
equates to an initial investment of $3775.00 for the Town. In order to recoup the cost of the bags and hauling
charges, Ms. Lemieux proposed charging $20.00 per roll. The 30 pound weight limit would remain for this size.
These bags could be sold at the DPW or at the retail stores that choose to offer them to customers. It was
suggested to put a survey on the town website to solicit any interest from the community regarding the extra
large bags.
Ms. Lemieux presented a new proposal that would be for a Retail Store Distribution Program with WasteZero.
WasteZero is under the MA state contract and has been our vendor since the PAYT program began. To date the
town has gone year to year with no contract with WasteZero. WasteZero has a Retail Store Distribution
program that would ship and deliver cases of bags directly to our retail store locations. This would eliminate
the DPW as the intermediary to monitor inventory, remove the liability of storing inventory on town premises,
and the town would not be liable for paying the upfront costs of bag inventory as every case ordered by the
retailer is billed to that store.
The contract proposal from WasteZero includes transitioning to the Retail Store Distribution with zero cost in
Year 1. The town could revert back to the previous model if we are not satisfied with the Retail Distribution
model. WasteZero has offered the Town a multi-year contract that will provide longer term stability on pricing
for budgeting and the best pricing available. The contract includes transitioning to the Retail Distribution
===PAGE 2===
Program at zero cost in year 1 and the increases to 4 cents per bag in year 2. Year 3 would increase by the
consumer price index plus 3% (based on the current CPI would be a total of a 3.5% increase).
Ms. Lemieux presented a proposal for recycling textiles. The Town could explore a textile recycling program
with a company called Simple Recycling. There would be a different colored PAYT bag provided to households
just for textiles. Simple Recycling trucks follow the same trash collection route on the same day that trash is
picked up. This is a free service and the Town is paid $20/ton. This program has begun in select communities.
Statistics indicate that 85% of textiles are not recycled or donated. The EPA estimates 68 pounds per person of
clothing are thrown away each year.
When asked what happens to the textiles, Courtney Forester of WasteZero stated some clothing is resold in
thrift stores and materials that aren't able to be reused are repurposed into rags, insulation, animal bedding etc.
Other textiles that are not fashionable but in good shape might be shipped to another country. 5% are
contaminated with grease or oil and are trashed. It was suggested to put a survey on the town website to solicit
any interest from the community regarding the extra large bags.
Discussion ensued on the current size PAYT bags, the small 15 gallon size and the large 33 gallon capacity,
both 1.4 mil thick. The proposed extra large bag would be a little taller and 2.0 mil thick. There is also an option
for drawstring style bags (at no extra charge) versus the tie together option on the current ones.
Ms. Forester went into more detail of the retail store distribution program. This program takes the burden of the
process of ordering, storing inventory and delivering bags to retail locations from the DPW. WasteZero
manages inventory, delivery, payments etc. The other benefit is there is no up front cost to the town.
It was decided to get more pricing information on a thicker mil PAYT trash bag but to proceed with the survey
to solicit interest.
License Violation Hearing for Nuttings Body & Frame Co. Inc.- 40 Summer Street
Mr. Toale opened the hearing and stated anyone who testifies needs to be sworn in. Owner Scott Sanford was
sworn in. Mr. Toale reported the office received a letter from Mr. Sanford stating he was no longer doing
business at the 40 Summer Street location and was willing to surrender the license.
Mr. Sanford stated he had been bamboozled by someone who had offered to come in as a consultant. He asked
if he could bring a couple of cars down and before I knew it he had a mobile home there; he had more cars on
the lot than I did. He spray painted the building inside and out. I was made aware of this and instantly knew
there would be problems so I figured the best course of action was to have somebody come and take the
vehicles out, clean the lot up, paint it and get it ready for somebody else. There are four vehicles lett that will be
removed by the end of the week. The last day I will have a contractor come in and mow the lawn and remove
the trash.
Mr. Toale swore in Police Chief Marino, Officer McNamara and Building Commissioner Rhodes.
Officer McNamara reported the Police received a complaint from a resident on some of the things that were
going on at the business. He and the resident were under the impression the lot was under the other gentleman.
McNamara went with Mr. Rhodes to do a dealership inspection and they went through the car lot. It has been a
used car dealership for years however there were no dealer registration plates issued to that lot. We went
through and found a number of violations. He referred the Board to the letter that he had submitted to Chief
Marino regarding the investigation and asked the Board if they had any questions. He stated Mr. Sanford came
down and agreed to rectify everything. He did confirm there are only four vehicles remaining on the lot.
Rhodes stated he was requested to inspect the property on July 12, 2017. At that time he noted the number of
violations that were attached to the class II license; they were also conditions of the Zoning Board of Appeals
Special Permit. At the time of that inspection, Mr. Sanford verbally agreed to correct all the violations. It was
agreed that he would do it within seven days. At the end of seven days I revisited the site and there were still a
number of violations remaining. As a result, he wrote an enforcement order under the zoning. In addition he
added a new violation, which he believed the license had expired because Sanford had sublet the business.
Rhodes had gathered information with the help of the Police Department. There were business cards on the site
that indicated Intuit Auto was also running out of 40 Summer Street. Whether it was known or not, he felt that
===PAGE 3===
there was another business being run there. As a result he cited him and said he had to correct all the violations
and that the special permit had lapsed. Under zoning, Sanford has 30 days to appeal that decision to the Zoning
Board of Appeals. After the 30 days have been reached, Rhodes will go and reinspect. If there are still vehicles
there, he will take appropriate action. At this point it appears the vehicles will be moved by the end of this week
and there would be no further action he would need to take. Discussion ensued on how to proceed.
Motion: R. Ebersole
2nd: P. Bertram
Based on the documented evidence provided by the Building Commissioner and the Police Department it
is determined that violations to the Class Il auto dealer license did occur
Vote: All in Favor
Motion: P. Bertram
2"': R. Ebersole
To revoke the Class II auto dealer license for Nutting's Body and Frame Company located at 40 Summer
Street effective immediately
Vote: All in Favor
A letter will be issued to the owner. Mr. Toale closed the hearing.
Request from the Sewer Commission to use Special Legal Counsel
Mr. Ebersole reported as the liaison to the Sewer Commission that the commission had used KP Law, PC prior
to the change over to new legal counsel. They are currently in the middle of work with High Field Village to
settle items between them regarding an allocation agreement and the payment of that. They are asking to retain
KP Law in order to continue that work. This would not be an open-ended commitment, if they are unable to
come to a finalized agreement, they would come back to the Board of Selectmen if they need an additional
extension. He noted their use of this legal service is paid from a sewer account not town funds. Mr. Ebersole
stated he would support this request as they are right in the middle of the case.
Motion: R. Ebersole
2": P. Bertram
To support the request of the Sewer Commission to retain KP Law, PC for the High Field Village legal
work
Discussion: Mr. Toale asked Town Manager Lemieux if she supported this request. Ms. Lemieux stated she
did, with the understanding that it would be for a limited amount of time given we are under a retainer
agreement with our new town counsel.
Vote: All in Favor
Mr. Toale thanked the Sewer Commission members for being present.
T-Mobile Lease Agreement for Town Hall
Ms. Lemieux reported the Town has a signed lease agreement for the wireless communications equipment in
the interior of the Town Hall attic and exterior on the clock tower with T-Mobile. The original lease was signed
in 2000 and an amended lease agreement was signed in 2012 and according to the amended lease agreement is
scheduled to renew for another five years on August 31, 2017. After review by our current Town Counsel, it
was discovered that the original lease agreement was invalid because the term in that agreement was for a total
of 25 years and was in excess of the ten years maximum that was allowed under the law in 2000. Also, there
are no records that it was put out to bid and this term exceeded the annual town meeting vote on May 13, 2000
that authorized "the Selectmen to enter into one or more ten year leases or licenses of town owned real property
for telecommunications antennas and equipment".
Town Counsel has advised that the lease be put out to bid to abide by procurement laws with a term not to
exceed ten years as authorized by the town meeting vote. The other option is to go back to town meeting to
request authorization for a term not to exceed 30 years. We would still be required to go out to bid under this
option. The benefits of a longer term agreement are that it is more desirable for communications companies and
ensures a long term revenue source for the Town. Since it is unknown whether town offices will continue to
operate out of this building, we could include language in the contract with the selected party that transfers the
lease agreement to subsequent owners or an escape clause that if the property transfers ownership, the lease can
be terminated. According to town counsel Costa we could wait until fall town meeting and operate under the
same conditions. He believes T-Mobile would agree to that. Discussion ensued on how to proceed.
===PAGE 4===
It was decided to research what other communities are doing for this type of lease agreement. A memorandum
of agreement should be drafted for the interim until a new lease is negotiated.
Earth Removal Permits Renewals
Ms. Lemieux reported earth removal permits are renewed annually by the end of August. Building
Commissioner Rhodes issued a letter on his inspection of the pits. She invited Rhodes to review his
recommendations with the Board. Mr. Rhodes reported he did do inspections as well as review the town bylaw
and previous inspection reports. He stated Powell Sand and Gravel and P. J. Keating Company were very
gracious and showed him around the various sites. He did not meet with Montouri because he could drive
through and see what he needed. One of the things that was clear to him when he went through a lot of the sites
was that there was no earth removal occurring. In some cases the sites were already beginning to reforest. The
bylaw is clear about the removal of earth products, so he was questioning whether the Board wanted some of
these pits closed out. The Board has the right within the bylaw to request a closure plan. There was one site that
Powell has at 395 Goodrich Street that still has material to be removed. There is still activity on a Keating site
that borders Lancaster. The majority was for processing material, nothing that requires an earth removal permit.
It was suggested to invite the permit owners to discuss at the August 22 meeting. Moe Langlois, Operations
Manager for P. J. Keating, stated Ms. Peterson had contacted them and they do support more discussion on this
item but tonight they are not prepared to do so.
Warrants/Action Pile Issues
The Board signed an accounts payable warrant in the amount of $702,093.29, a payroll warrant in the amount of'
$594,733.80 and a payroll deduction warrant in the amount of $527,172.50.
Mr. Ebersole wanted to remind that the Board was going to work on an evaluation document for the Town
Manager. Mr. Toale stated he and Ms. Lemieux had begun work on that and planned it for the August 22
agenda. Mr. Ebersole asked what next steps were needed following the goal setting workshop. Ms. Lemieux
stated that would be incorporated into the discussion on the evaluation document.
Committee Reports
Mr. McQuaid reported Capital Planning has their first meeting next week. Ms. Luck attended the Hazard
Mitigation and Climate Adaptation Stakeholder workshop on August 2"°
. The focus was on stormwater. They
expected precipitation events are going to be stronger and more frequent. We should expect a 20% increase in
the amount of precipitation over the next fifty years. More planning is needed by municipalities and state
agencies to educate and provide outreach regarding the increased stormwater to prevent pollution and flooding.
The School Committee met on August 2nd
!. They are cleaning out the T.C. Passios building and the FLAAC
Collaborative is moving out of the building. They wanted to take some storage cabinets that are there and the
school no longer needs them. Facilities Director Londa suggested they be sold to them for $20 each. If any
remain after they purchase what they need, they will be offered to town departments. The committee will meet
on the 16". The Storm Water Task Force meets on the 24"
Ms. Bertram reported MPO is not meeting in August. She attended the Conservation Commission meeting on
August 2ªd where they approved several wetland applications. There was an application for 338 Sunset Lane for
the placement of a large boulder, a dock and construction of a tree house. The Building Commissioner had
determined the 12' × 12' treehouse was not a structure under building code. The commission reviewed photos
of the proposed finished structure which included a roof, siding, windows and sheetrock and they determined it
was in their opinion, a structure. It was proposed to be in the 50 foot no structure zone so they did deny the
application and the owner subsequently withdrew it. It was an interesting discussion.
They discussed the algae treatment plan at Lake Shirley, which is experiencing algae problems this summer.
That evolved into discussion of Lake Shirley ownership, which has an unclear title. One commissioner
suggested the town should oversee the management of Lake Shirley. Ms. Bertram recommended as an
individual they present their request formally to the Board of Selectmen. She also informed them of the town
counsel office hours.
===PAGE 5===
Mr. Toale reported Finance Committee meets this Thursday. He reminded the Board liaisons to inform their
boards of the August town counsel office hours.
Town Manager Report:
Town Hall Painting Project:
In an effort to receive more input on the chosen color to paint the Town Hall, she worked with the IT Director
and put up a survey on the town website. This was shared by the Police Department's Facebook page and the
non-town-run Lunenburg Facebook page. The poll solicited input on whether the Town Hall should be painted
white or the current color scheme and had a comment box for those that wished to provide written input. The
survey generated approximately 593 responses as of today, with 83 comments. 85.32% of responses chose
white and 14.68% chose the same color scheme as the building currently has. The use of Survey Monkey was a
great citizen engagement tool to solicit input on this topic. This item will be an action item 'on the August 22
meeting agenda.
Town Hall Mold Abatement:
The company selected to remediate the mold in the basement of the Town Hall will begin next week.
Foreclosure Auction:
The notices for the foreclosure auction on August 29, 2017 at 1:00 p.m. have been posted at four public places,
although only two are required by law, and notices sent to the original property owners. The information on the
auction and the properties that will be auctioned is on the town website, with a link to the auctioneer's website
and information has been sent to Cable Access to advertise it on the cable bulletin. 485 Townsend Harbor Road
has been removed from the list of properties that will be auctioned on August 29'h due to the appearance of what
may be encroachment by adjacent property owners. The Town will need to perform a boundary survey to
verify whether or not there is encroachment before taking an action on selling that parcel.
Tax Title Properties:
The Treasurer/Collector will be mailing letters this week to the properties in tax title to notify them that they
have 30 days to pay their outstanding past due balances or the Town will file a Petition to Foreclose with Land
Court or the tax lien will be sold at a Tax Title Assignment Sale Auction.
Town Counsel Office Hours:
An email was sent to all employees, boards, and committee members today through the "town-wide" email
address that Attorney Adam Costa will be available on August 22ªd from 4 - 7 p.m. for monthly office hours.
Summer Street Project:
We received confirmation from Larry Cash at MassDOT that a signed Right of Way Certificate has been issued
for the Summer Street project and that the anticipated advertisement date is August 19"
FY2019-FY2023 Capital Planning Process:
In order to begin the Capital Planning process earlier than normal, I requested the Capital Planning Committee
meet during the summer. Our first meeting this fiscal year will be Tuesday, August 15" at 5 p.m. I met with
John Henshaw last week to have a preliminary discussion and solicit his assistance in developing a more
comprehensive Capital Plan similar to the one the UMass Collins Center did for the Town of Barre. We also
discussed how we can automate the capital request forms so that departments did not have to refill out
information that they have filled out each year in the past for projects that are in future fiscal years or have not
been funded but pushed out to the next fiscal year. John has graciously offered his assistance in the
development of both projects and has already begun with a Google Sheets template that will automate capital
requests from departments.
Mr. Toale reported the meeting on August 15 will be a workshop on town buildings. It will not be televised but
is open to the public. The August 22 meeting will be televised.
===PAGE 6===
PUBLIC COMMENT:
Mr. Ebersole stated a few years ago funding had been approved for recodification of the general bylaws into a
consistent format. He requested Ms. Lemieux check with Town Clerk to see if there is any movement on that.
Ms. Lemieux reported Town Clerk had stated she was going to check with General Code but she expected it
within the month.
Ms. Bertram reported Cable Advisory Committee is meeting August 22 at 6:00 pm before their regular meeting
to continue negotiations with Comcast on the license renewal.
Motion: P. Bertram
To adjourn the meeting at 8:26 p.m.
2"d: R. Ebersole
Vote: All in Favor
Respectfully submitted,
Elaiiem Piterson
Elaine M. Peterson
Executive Assistant to the Town Manager

========================================================================================
DOCUMENT : 2017-08-15-agenda-5039.txt
BOARD    : select-board
DATE     : 2017-08-15
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-15-agenda-5039.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08152017-5039
========================================================================================

===PAGE 1===
                                    BOARD OF SELECTMEN 
August 15, 2017 
  7:00 PM – Town Hall 
     Bilotta Meeting Room, Second Floor 
AGENDA 
 
 
7:00 PM  PLEDGE OF ALLEGIANCE 
 
PUBLIC COMMENT  
 BOARD 
 PUBLIC 
 
1. Workshop: Town Buildings/Current and Future Use  
2. Minutes/ Warrants/ Action File Issues 
 
PUBLIC COMMENT 
 PUBLIC 
 BOARD 
 
ADJOURN 
 
UPCOMING MEETING/EVENTS SCHEDULE 
August 22 
September 5 
September 12

========================================================================================
DOCUMENT : 2017-08-15-minutes-5039.txt
BOARD    : select-board
DATE     : 2017-08-15
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-15-minutes-5039.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_08152017-5039
========================================================================================

===OCR macOS Vision===
===PAGE 1===
BOARD OF SELECTMEN
MINUTES
Joseph F. Bilotta Meeting Room, Town Hall
August 15, 2017
Board of Selectmen: Jamie Toale, Chairman; Robert Ebersole, Vice Chairman; Paula Bertram, Clerk; Phyllis
Luck, Member; Damon McQuaid, Member
Also present: Heather Lemieux, Town Manager
The meeting commenced at 7:00 p.m. with the Pledge of Allegiance.
PUBLIC COMMENT:
Katey Adams, 45 Williams Drive, suggested more speed limit signage by the town beach at Prospect Street.
Dave Rodgers, 82 Highland Street, stated he continues to hear rumblings about maintenance issues at the Public
Safety Building. Regarding the town center, he requested something be done with the old garage and suggested
calling DEP for assistance. Mr. Toale stated it is unused and he would like to see it used but the gas station is
not town property and it would take a lot to make it town property or enforce any cleanup.
Workshop: Town Buildings/Current and Future Use
Mr. Toale asked the Board if they had any ideas on what they would like to accomplish this evening. Ms.
Bertram would like to see specific identified tasks. She was not opposed to the use of the T.C. Passios Building
as a Town Hall, however there needs to be more planning and town support. She asked for the reasoning behind
the proposal. Have we outgrown our present space, do we want all town offices under the same roof, is it
maintenance costs of existing buildings, is it is cost benefit analysis? What is it that we are trying to fix? One of
the biggest things she believed to be lacking is public involvement and awareness.
Mr. McQuaid agreed and would like to see a schedule of public involvement through public meetings or
charrettes, design visioning. Ms. Luck stated public meetings aren't enough, outreach is needed. Ms. Bertram
suggested website surveys and notices in the local paper. She would have loved to see tonight's workshop
televised as it would be a great start.
Mr. Ebersole stated he was on the committee when Town Hall was renovated. Thirty years later, the Passios and
old Primary School buildings are empty. He believed there was a benefit of having town offices in the same
building, communication-wise and for helping residents navigate government. We also need to plan for the
future and additional services. He expressed concerned with buildings that are under used such as the Ritter
Building. Let's come up with all the data and what is needed and our options.
Mr. Toale stated looking at the five buildings that are being discussed, there are three components.
Originally in December of 2013 we formed a committee and asked them to determine some options and make
suggestions on we could co-locate all the municipal offices. Is that still something we want to do?
The second is there are five buildings in play and any buildings we don't use for municipal use we run the risk
of them being vacant. Their fate would end up similar to the old Primary School which is unusable. The third is
how we get townspeople's support to proceed and financial support. He suggested revisiting the facts and
decisions they have made over the last four years to see if they are still valid and if we can still use them as
working assumptions.
Ms. Lemieux listed the five buildings involved: Passios, old Primary School, Brooks House, Town Hall and
Ritter Building. She looked at the number of employees, square footage and lot sizes as well as total operational
costs broken down by maintenance and utilities.
Total operational costs for the buildings for the past fiscal year were: Town Hall ($41,084.37), Ritter Building
($27,987.32), Brooks House ($6,713.21), Passios ($61,917.00) and the old Primary School ($0.00).
Maintenance costs were: Town Hall ($15,334.41), Ritter ($13,766.59), Brooks ($0.00), Passios ($21,903.00),
old Primary School ($0.00). Town Hall currently needs the following: mold remediation, HVAC repairs,
===PAGE 2===
window replacement, more parking and a records storage area. As far as the attic, there are too many records up
there and they need to be removed due to excess weight.
Ritter Building needs HVAC repairs and window replacement. The Brooks House will have a decrease in costs
for the upcoming year as one tenant is moving out. We have received $6,000 in revenue from The Lunenburg
Ledger and net metering credits for electricity cost.
Passios Building's costs are projected at $61,917. at the worst case scenario for this year; the best case scenario
is approximately $48,000. In FY17, the cost to operate was $83,239.46 with FFLAC, Extended Day,PACC and
the Superintendent's Offices. We received $99,712 in rent, an overall revenue gain of $16,473. FFLAC and
Extended Day Care will be moving out of the building. Funds and expenses for the Passios come out of a
Special Revenue Fund set up for that building. The ending balance for last year was $56,607. Total anticipated
revenue for FY18 is approximately $44,770.
Ms. Lemieux presented the conceptual program summary from the Tappe Architects' building assessment and
space needs study for square footage needs for town offices. Discussion ensued about future space needs.
Mr. McQuaid presented a slide showing the actual square footage being used in the Passios, Town Hall, Ritter
Building and the old Primary School. He presented his concept for Passios that created an open office
environment with shared meeting and storage spaces. The rest of the building could be used by PACC for their
studio space and other groups and community activities. It would be 4000 square feet smaller than the Tappe
study. Ms. Adams stated she did not think the community was ready for this plan.
Ms. Bertram noted in the Tappe study all of the cost models are based on limited information. Tappe reported a
more thorough analysis of the condition of the existing buildings along with more detailed design and scope of
any proposed modifications would be required before developing a more accurate budget. We have to decide it
this makes the most sense and to identify what the problems are. We see deterioration of buildings such as the
old Primary School and we have the Passios Building which is basically empty and we don't want that to
happen to that. She noted Mr. Ebersole addressed the consolidated services and the benefits for residents. She
wasn't sure we have outgrown the existing space, she hasn't heard that. Ms. Lemieux talked about the
maintenance costs of existing buildings. We have sort of identified the catalyst for this and we need to agree on
that. We need to agree this is what we think makes the most sense. We need to identify the real cost. How do we
do that, a Request for Proposal (RFP)? We would need to do a more thorough study with a more detailed design
Mr. Ebersole stated we need to look at all options and we need to have a discussion with the public and
ourselves on whether it makes sense to go to Passios. Then, if we do, what would it cost?
Ms. Bertram asked do we agree as a Board that consolidating all municipal offices is the option that makes the
most sense.
Mr. McQuaid stated using Passios made the most sense for town offices. If we agree, we need an architect to do
real drawings for the actual cost. Mr. Ebersole asked what do we do with the other buildings. We have a lot of
unknowns. Ms. Bertram suggested going to the firms that took out RFP packets and finding out why they did
not respond.
Mr. McQuaid stated we still have vacant buildings and need to do something with them. He suggested holding a
charrette with the townspeople with a vision on what we would like to see there and do some semblance of pre-
permitting. He presented a slide showing a mixed use concept for the old Primary School with commercial
space and housing. It would include open space and parking areas. Ms. Adams expressed concerns about
turning public property over to private use.
Rebecca Lantry, 251 West Street, stated the old Primary School is designated as Chapter 40R. This means it can
be a multi-story development. The designation remains with the property. We need to be very clear what we are
selling and where the control is. It was suggested to review the zoning for the Old Primary School.
Ms. Bertram stated one of her concerns is the existing plan for the Turkey Hill Elementary School. There are
significant repairs needed. We need to look at the timeline for those repairs and the associated cost and the plan
to address it.
Further discussion ensued about zoning in the village district as it relates to reuse of the present buildings.
Mr. Ebersole suggested getting accurate figures such as maintenance documentation for the existing town
buildings, as well as replacement of HVAC systems etc. before the next town meeting with two or three
charrettes beforehand.
===PAGE 3===
Ms. Lemieux will research the square footage needs and identify the cost of repair of the existing buildings.
She reached out to the one person who showed up at the RFP opening and they stated they weren't able to
obtain funding in such a short time frame for a project. There was the assumption that we would have to go
back to town meeting for approval and they were not willing to go through all of the steps and go to town
meeting to have it denied.
Mr. Ebersole stated he was ready to move forward. He asked the Board members what they need to move to the
next step. Ms. Bertram stated consolidating the municipal offices at the Passios building is the most preferred
option and she would support that. Mr. McQuaid stated the Passios is the way to go not only for getting
everyone under one roof but also for collaboration, transparency and making a place that is approachable for
people. Ms. Luck stated when she looks at the landscape of municipal buildings clearly Passios makes the most
sense. Ms. Bertram stated we have to identify and estimate the repair costs and identify maintenance costs. All
that information is only going to strengthen our argument. We need to have a conversation with the School
Committee on their long-term plans.
Motion: P. Bertram
That the Board moves forward with the concept of consolidating all town offices under one roof at the
Passios Building
2": D. McQuaid
Vote: All in Favor
Mr. Toale stated one issue is how to fund this proposal. Ms. Bertram asked about the RFP process for a design
and the cost associated with that. Do we go to town meeting this year with a request to fund the RFP?
Ms. Lemieux presented a debt schedule projection created by Finance Director Brochu for a $5 million bond.
Ms. Bertram stated she did not want to lose momentum on this and suggested if another workshop were
scheduled, that it be televised. Mr. Loale thanked Mr. McQuaid tor his conceptual work
The Board will continue this at the August 22"d meeting while discussing their goals. Ms. Lemieux will have
more information and a timetable for the September 19* meeting. Ms. Lemieux will research the school
strategic plan and future plans for Turkey Hill Elementary School. Ms. Bertram stated it is important to talk
about the other town buildings too.
The Board signed an accounts payable warrant in the amount of $70,151.14.
Mr. Toale reviewed their upcoming meeting schedule. On August 22 they will be reviewing the Selectmen's
goals, Town Manager goals and the evaluation form/process. There is a regular meeting scheduled for
September 5'
. The September 12 meeting will be a workshop on economic development.
PUBLIC COMMENT:
The question was asked if someone wanted to bid on one of the buildings, what is involved. Ms. Lemieux stated
the person who attended the bid opening was interested in an urban redevelopment project.
Maureen Martin, 54 Longwood Drive, wanted the Board to consider 40R for those buildings. She was very
concerned about what kind of housing would go into the town center.
Lois Lewis, 389 Sunny Hill Road, stated she did not like having all the municipal offices at the Passios. What
happens with our other municipal buildings and does that work to a detriment; if we can't sell them, then what
then? We also have the Village District and the Architectural Preservation District. Is this going to be extended
to the Passios School or are we just going to do what we want there? She did not want to see Town Hall be
abandoned
Dave Rodgers, 82 Highland Street, wanted to commend the Board stating this is one of the best meetings he has
been to in a long time. The number one issue is to make sure that we plan for the future and a big part of that is
parking. From his standpoint as a resident, he would ask what are you doing, who is it going to impact and what
is it going to cost? In terms of the total debt for the town, this is the only way we can look at this. In terms of
RFPs, if we are going to do this, he wanted to know what is going to happen to this building, what is going to
happen to the other buildings? How can we sit here and sell this place (Town Hall) when Damon says it is going
to fall down and there are real issues. He felt the same way about the other buildings; we've got to sell this as a
total package. There are ways of getting around the 40R status. He encouraged the Board to talk to the Finance
Committee.
===PAGE 4===
Rebecca Lantry stated she understood how they want to go forward but was concerned about what is left
behind. Look at the old Primary School. She did not want to see the center of town have a bunch of ghost
buildings that cannot be sold because they have not been maintained.
Katey Adams, 45 Williams Drive, stated she was concerned with this whole process because from the very
beginning you talk about what you need to sell and she didn't understand from a municipal perspective why we
have to sell. She did not think we have to sell our municipal land for economic development. She believed
Passios should be torn down and we could rebuild another school there. It's not our town center. She sees the
town hall as a meeting house. We will lose our municipal identity.
Cathy Clark, 275 Cross Road, wanted to echo Mr. Rodgers. It's crazy to sell off Town Hall. The school is
busting at the seams. That concerns her. Adding on to the Ritter Building could be done.
Amory Phelps, 123 Leominster Road, asked if the Town is going to vote on this. She recommended letting the
townspeople know what you want to do before doing all this work.
Ms. Bertram stated that is what we trying to do. In order to let the townspeople decide what they want, we need
to have facts on the cost of doing nothing. There are significant parking issues in the town center. We have to
do something. Based on the information we have, those all have a price tag. We will make all this data available
to people. Mr. McQuaid urged those present to go to the town website and read the Tappe space needs study.
Ms. Bertram urged people to look at the existing conditions in the study because they have a price tag attached.
Motion: R. Ebersole
To adjourn the meeting at 9:35 p.m.
2nd: P. Bertram
Vote: All in Favor
Respectfully submitted,
Claim Ritesen
Elaine M. Peterson
Executive Assistant to the Town Manager

========================================================================================
DOCUMENT : 2017-08-22-agenda-5040.txt
BOARD    : select-board
DATE     : 2017-08-22
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2017-08-22-agenda-5040.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08222017-5040
========================================================================================

===PAGE 1===
 
                                    BOARD OF SELECTMEN 
August 22, 2017 
  7:00 PM – Town Hall 
     Bilotta Meeting Room, Second Floor 
 AGENDA 
 
In accordance with the requirements of the Open Meetings Law, please be advised that this meeting is being 
recorded and broadcast over the Lunenburg Public Access channel. 
7:00 PM  PLEDGE OF ALLEGIANCE 
 
PUBLIC COMMENT  
 BOARD 
 PUBLIC 
 
ANNOUNCEMENTS 
  
APPOINTMENTS  
7:05 PM Earth Removal Permit Renewals: Vote to renew permits and possible vote to not renew inactive     
               sites and request closure plans. 
7:25 PM Tollbooth Fundraiser Request- Boys & Girls Club of Lunenburg on 9/9/2017 
7:30 PM One Day Special Liquor License for Lions Club and Weekday Entertainment License at the Stillman 
Country Fair  
 
CURRENT BUSINESS 
1. Lions Club Request for signage on town property 
2. Vote on color to re-paint the Town Hall 
3. Follow-up on the PAYT Extra Large Bag, cost for heavier grade Large bag and survey results 
4. T-Mobile Wireless Communications Lease Agreement for Town Hall and term length 
5. Town Manager evaluation form and FY 2018 goals for the Board and Town Manager 
6. Salary Reserve Transfer  
7. Minutes/ Warrants/ Action File Issues 
8. Committee Reports:  Board of Health; Cable Advisory Committee; Capital Planning Committee; Conservation 
Commission;Finance Committee; Library Board of Trustees; MART Advisory; MPO; Planning Board; PACC; 
School Committee; School Building Committee; Sewer Commission; Storm Water Task Force; ZBA 
9. Town Manager Reports or Department Reports 
 
INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 
Election Officers:  
Warden: Janice P. Carrier (R);  Deputy Warden: Michael Gale (R) 
Clerks: Kathleen M. Pliska(D) and Darlene E. Steele (D),  
Inspectors: Ellen Aubuchon (D) and B. Ellen Gale (R);  
Deputy Inspectors: Ernest Aubuchon (D) and Anne Shattuck (R) 
 
Charter Review Committee: 
Ratification of Appointments made to the Charter Review Committee by the Board of Selectmen, Finance Committee, 
School Committee, Town Moderator and Planning Board. 
Board of Selectmen Appointments (2):  James Toale and Robert Ebersole 
Finance Committee Appointments (2):  Theresa Burchfield and Mark Erickson 
School Committee Appointments (2): No recommendation at time of meeting posting. 
Town Moderator (2):  Milree Keeling and Steven Archambault 
Planning Board Appointment (1): Michael-Ray Jeffreys 
===PAGE 2===
 
MRPC Alternate and MJTC Appointment: 
Michael-Ray Jeffreys 
 
 
PUBLIC COMMENT 
 PUBLIC 
 BOARD 
 
Executive Session  Executive session pursuant to G.L. c. 30A, § 21, to discuss strategy with respect to litigation, namely 
(i) Town of Lunenburg v. Alleva, Worcester Housing Court Docket No. 16H85CV000812, (ii) Cronin, et al. v. Town of 
Lunenburg Zoning Bd. of Appeals, Appeals Court Docket No. 2017-P-0099, and (iii) O’Brien Homes, Inc., et al. v. 
Planning Bd. for the Town of Lunenburg, Land Court Docket Nos. 13 MISC 477878 through 13 MISC 477887, (iv)Town 
of Lunenburg v. Unitil, where an open meeting may have a detrimental effect on the litigating positions of the Town.” 
 
 
UPCOMING MEETING/EVENTS SCHEDULE 
September 5, September 12 (Economic Development Workshop), September 19 
 
ADJOURN