# select-board — 13 documents, concatenated for reading and search # # This is a CONVENIENCE BUNDLE, not a source. Every document below is # published separately and byte-identically; cite the individual file, # whose path is given in each header, rather than this bundle. # Index of all boards: https://lunenburgbudgetproject.org/minutes/INDEX.txt # The town's own scanned original is linked per document. ======================================================================================== DOCUMENT : 2019-01-03-agenda-5144.txt BOARD : select-board DATE : 2019-01-03 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-01-03-agenda-5144.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01032019-5144 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN January 3, 2019 7:30 PM – Ritter Memorial Building 960 Massachusetts Avenue AGENDA I. Open Meeting II. Roll Call Vote to Enter into Executive Session (Joint Session with the Planning Board) per M.G.L. c. 30 § 21, Reason #3: To discuss strategy with respect to litigation, where an open meeting may have a detrimental effect on the government’s litigating position, and the Chair so declares, namely O’Brien Homes, Inc., et al. v. Town of Lunenburg, et al., Land Court Docket Nos. 13 MISC 477878 through 13 MISC 477887, and O’Brien Homes, Inc. v. Town of Lunenburg Planning Board, et al., Appeals Court Docket No. 2018-P-1520. III. Adjourn ======================================================================================== DOCUMENT : 2019-01-08-agenda-5145.txt BOARD : select-board DATE : 2019-01-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-01-08-agenda-5145.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01082019-5145 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN January 8, 2019 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 I. PUBLIC COMMENT  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS 7:05 PM Public Hearing: Earth Removal Permit – PSG Realty 393-435, LLC-181 Leominster-Shirley Road 7:10 PM Open Space Committee re: Right of First Refusal Option for 994 Northfield Road 7:20 PM Discussion on Placing A Ballot Question on the May 18, 2019 Annual Town Election Ballot Prohibiting the Sale of Adult Recreational Marijuana IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation from the Library Director, Martha Moore effective March 30, 2019 Vacancy on the Cemetery Commission, Joint Appointment tentatively scheduled January 22, 2019 V. TOWN MANAGER REPORT VI. CURRENT BUSINESS 1. Notice of First Right of Refusal for 994 Northfield Road; vote will be taken 2. Minutes/ Warrants/ Action File Issues 3. Committee Reports 4. Department Reports VII. OLD BUSINESS 1. Board of Selectmen Goals a. Town Assets 1. Present & Future Maintenance & Capital Replacement of All Town Assets 2. Adopt an Action Plan for Activities During FY19, dealing with the “Five Buildings” b. Improve Public Satisfaction through Community Involvement and Public Outreach c. Increase Alignment with Committees Appointed by the Board of Selectmen VIII. PUBLIC COMMENT  PUBLIC  BOARD IX. UPCOMING MEETING/EVENTS SCHEDULE January 15 (Facilities Workshop with APDC, Historical Society and Historical Commission), January 22, 2019 X. ADJOURN ======================================================================================== DOCUMENT : 2019-01-08-minutes-5145.txt BOARD : select-board DATE : 2019-01-08 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-01-08-minutes-5145.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01082019-5145 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Planning Board members present: Matt Allison, Chairman; David Prokowiew, Tanner Cole, Paula Bertram Planning Board member not present: Kenneth Chenis Also Present: Heather Lemieux, Town Manager; Adam Burney, Land Use Director The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Toale announced in accordance with the requirements of Open Meeting Law, the meeting is being recorded and broadcast over the Lunenburg Public Access channel. PUBLIC COMMENT: Ms. Luck noted the Lion's Club Pancake Breakfast was tomorrow at the Senior Center from 8:00 a.m. to 10:30 a.m. Bill Tyler, 5 Graham St., acknowledged the service of the late Lance May to the Town, who passed away on December 20, 2018. One of his wishes was to have his service to the Town recognized formally. Mr. May served the town in many capacities over 40 years. He served on the Board of Selectmen and was Chairman; he was also Chair of other boards and commissions. He became the youngest person elected to office at the age of 22 (1971- Parks Commission). He served on the Housing Authority, Cable Advisory Committee, the Lunenburg High School Athletic Hall of Fame, LHS Alumni Committee and he was the current Chair of the Cemetery Commission. Mr. May loved Lunenburg and he put Lunenburg first in whatever capacity he was serving in. Carl Luck, 50 Sunset Lane, thanked the Board for all the work they do on behalf of the community, noting it's a tough job with very few rewards to it. He also wanted to thank them for not rushing to vote on the Planning Board request to place several marijuana prohibition articles on the Annual Town Meeting warrant before hearing from the public. Relative to the request being made by the Planning Board, in my opinion, the most important omission from the joint meeting was any discussion on concrete evidence that the community wants this warrant article. With approval of the Planning Board, a letter was submitted to the Board of Selectmen by the Land Use Director on December 11", which attempts to explain and justify this request. In that letter, they stated that, "In this process, it became clear that there was a significant population that was in favor of the prohibition of all marijuana establishments." The letter goes on to say, "coupled with the anecdotal evidence of the listening sessions the Planning Board has held over the previous 6 months at their meetings, there is a divided electorate..." Mr. Luck stated he has watched or attended the Planning Board meetings over the last five months and reviewed all available minutes that involved discussion on marijuana zoning regulations and the Planning Board's desire to bring a warrant article on prohibition of marijuana to the town meeting. According to the available Planning Board minutes from the last five months, only two people have come forward at Planning Board meetings in support of any prohibition of marijuana. At least as many have made points inconsistent with prohibition. Where is the outcry from the silent but significant public? The only hard evidence of public opinion that I have been able to find related to the prohibition questions that was on a survey by the Planning Board was responded to by 150 residents. Ninety-four of those respondents were against prohibition of ===PAGE 2=== giving all Board members time to participate, or most egregiously without giving the community the opportunity to provide input in advance of any vote, information gathering or debate. This should happen before town meeting, not on the floor of town meeting. He hoped the Board would do their homework and not put this on the warrant because of an emotional argument made by one member of the Board of Selectmen that you, "just don't really like to hear from the people." A decision to put such an article on the ballot without time for public input and debate would in fact not be giving the public a chance to be heard. During the joint meeting with the Planning Board, one argument made by them was if no articles were put on the ballot, the public might put one on that is less desirable. This could be perceived by some as an attempt to suppress the public's voice and rights. If you proceed hastily to approve placing this on the warrant at the request of a few residents, what precedent and expectation do you set? Can any small group come to the Board of Selectmen and expect the Board of Selectmen to do their work for them in getting their special interest articles on the warrant? Do your own investigation or encourage the normal process, and let the interested parties get the required signatures and submit their own warrant articles. If the Planning Board sense is correct, there should be no problem in getting the signatures. Your decision could have significant influx on our community and the warrant article process itself. Mr. Toale noted the Planning Board was present tonight and a discussion on this is scheduled later if people want to comment further. John Baker, 53 Chase Road, stated he was in favor of the warrant article and this would put stress on our town resources. He related personal experiences in dealing with impaired people while on the Police force. Ms. Adams stated she has attended all the Planning Board hearings and what they are doing is taking a bifurcated approach, which is to provide options. At no point has anyone on the Planning Board advocated for prohibition. They just want to proceed with a variety of options, prohibition being one of them. Public Hearing: Earth Removal Permit - PSG Realty 393-435, LLC-181 Leominster- Shirley Road Mr. Toale read the hearing notice aloud: To All Interested Parties: The Lunenburg Board of Selectmen will be holding a public hearing on Tuesday, January 8, 2019 at 7:05 p.m. at Town Hall, 17 Main Street, 2nd Floor, Bilotta Meeting Room, Lunenburg, on the application submitted by PSG Realty 393-435 LLC., for an Earth Removal Permit in accordance with Article IX, § 9 of the Town Bylaws. Said application is for removal of 26,000 cubic yards of gravel located at 151 and 181 Leominster-Shirley Road, Lunenburg, MA. Plans are available for review in the Board of Selectmen office at 17 Main St. during office hours, Monday through Thursday. Jamie Toale, Chairman, Lunenburg Board of Selectmen Mr. Toale opened the hearing. Brian Marchetti, McCarty Engineering, presented on behalf of the application for PSG Realty 393-435 LLC. He stated we were here several months ago discussing this property. It was purchased in 2011; material was removed subsequently ===PAGE 3=== in and is crushed and resold as gravel. The remaining area will be maintained as compacted and stabilized gravel. There is a stormwater basin on the eastern portion of the site within the gravel area that is going to receive all the stormwater runoff from the open area. That is shown on the closure plan as well as the final contours. The remaining area outside the 13 acres is vegetated. Mr. Toale asked for any questions or comments from the Board. He pointed out there is a memo from the Building Commissioner and the Land Use Director recommending that we consider approving the earth removal permit but that a closure plan be provided when the earth removal permit comes up for renewal in August 2019. Land Use Director Burney reported there is a zone line that separates the rear eight acres of 181 Leominster Shirley Road. This area is zoned Residence B (RB) district and the front is zoned Office Park and Industrial. The use in the rear is not an allowed use within the RB zone. At the last Planning Board meeting, the property owner and Mr. Marchetti indicated they would be seeking a zoning map amendment at town meeting to move the zoning line out to the extent of the property, which would be a reasonable and legal alteration. That would certainly affect the Planning Board's final approval of the project. The Planning Board discussed several options on how they would proceed in February. In general, the engineering on the property has checked out with our review engineer and the Planning Board is supportive of the project. They feel the project is appropriate on the site. Ms. Luck asked how close the nearest residence is in the RB zone. Mr. Burney stated not that close. Mr. Toale asked for any public comment relative to the hearing. Mr. Marchetti stated the direct abutters to the property are Powell Stone & Gravel, P J Keating, the MBTA Railroad and the North Leominster Rod & Gun Club. We are preparing to submit a citizen's petition for a warrant article for Annual Town Meeting to amend the zoning. Mr. Toale closed the public hearing. Motion: D. McQuaid 2": P. Luck To approve the earth removal permit and delay the closure approval pending approval from the Planning Board Vote: All in Favor Open Space Committee re: Right of First Refusal Option for 994 Northfield Road Chair Brandon Kibbe reported they had called their meeting to order. Mr. Toale asked him to introduce the other members of the Open Space Committee. He introduced Karin Menard, representing Parks Commission: Ashley Maillet and Richard Brockelman, Members At Large; David Prokowiew, Planning Board; 1 am also a Member At Large; Bob Pease, Conservation Commission and Sarah Cammer, Member At Large. Mr. Kibbe stated we come before you tonight regarding the Right of First Refusal for 994 Northtield Road which is removing part of the property from Chapter 61 status. Mr. Kibbe read a letter to the Board aloud: Dear Selectboard members, On December 20, 2018, the Open Space ad hoc Committee met to to review the Chapter 61B notice of intent to convert to another use dated November 28, 2018, for 994 Northfield ===PAGE 4=== Unlike most Chapter 61 conversion notices that the Town receives, this notice was not triggered by a sale and accompanied by a non-contingent bona fide offer to purchase. Instead, this notice was triggered by the owner's intent to convert to non-qualified uses. Our committee raises this question, isn't filing a permit application to convert the use of the property an indication of intent? Therefore, was the timing of notice given improper? As previously noted by your Board, the process and timeline as provided by statute is quite different from this type of Chapter 61 notice. Namely, sale price is to determined by appraisal and that appraisal is due only 30 days after receiving notice. Not only is this process much more condensed than its counterpart that involves a bona fide offer, the statute is quite ambiguous as to what action establishes "intent to convert" on the part of the landowner and when the Town's right of first refusal is triggered in that proces. Furthermore, because this type of withdrawal notice is quite rare, the courts have little record to help clarify the ambiguity as since confirmed by Town Counsel. Chapter 61 provides a very important open space protection role in town. First and foremost, Chapter 61 provides property tax shelter for private landowners to maintain their property as undeveloped for forest, farm and recreational open space. For its part, the Town receives the Right of First Refusal in exchange for a significant reduction in its property tax revenues. In other words, the Town indirectly pays a substantial amount of money for these rights. The townspeople should demand that we are ardent stewards of this resource. There may only be a limited amount of these opportunities that the Town may be interested in actually in pursuing and it would be a shame to lose one of those opportunities on account of a procedural problem. We respectfully request your consideration of the following two action items. 1) Allow the Chapter 61B Notice of Intent to Convert to other use at 994 Northfield Road, dated November 28, 2018 to lapse without taking action. Since the statutory timeline is expiring, this will have no impact on the landowner in terms of their ability to proceed. This will however preserve precedence for any future notice of an intent to convert not accompanied by a non contingent bona fide offer to purchase. 2) Pursue establishment of guidelines or a policy to advise other Chapter 61 landowners that the Town should be consulted prior to seeking permits for any non- qualified use to determine if notice is required. Likewise this procedure should direct land use boards to consider a property's potential enrollment in Chapter 61 programs as part of their regular course of business to assure that no notice is required. At a minimum this procedural change should be reviewed by your board, the Board of Assessors and the Planning Board. As part of developing these guidelines and procedures we would also recommend formally seeking guidance from the Dept. of Revenue on the question on timing for landowners to file these types of notices with the Town. Thank you for your attention to these matters. Respectfully submitted, the ad hoe Open Space Committee ===PAGE 5=== Vanto Vices, the Town will benefit from the solar project via tax revenue upon completion of the solar project. Secondly, the benefits will also accrue for the residents of town via the community solar component. Neither of those things will happen until the project moves forward and is turned on. Discussion ensued about taking no action. Mr. Toale stated he wanted to check with Town Counsel further before changing course. 2. Minutes/ Warrants/ Action File Issues Minutes of October 9, October 11 and November 6, 2018 were approved. Ms. Luck had a correction for the November 7 minutes. The Board signed accounts payable warrants in the amounts of $3,636,545.81 and $825,905.42, payroll warrants in the amounts of $0.01, $933.40 and $780,190.13; and deductions warrants in the amount of $599,936.26 and $186,334.54. 3. Committee Reports Ms. Luck reported the Central Mass Regional Stormwater Coalition held their annual meeting in November 2018. MA DEP Commissioner Martin Suuberg and MA DEP Stormwater Coordinator Frederick Civian addressed the meeting thanking the organization for its leadership and for setting an example of how much stronger communities are when they work together. The next steering committee meeting is tomorrow in Charlton. On December 3, MART discontinued the Lunenburg route as public need was not there. The plan now is that anyone living along the former MART route may call MART at 978-345- 7711 to be picked up and dropped off anywhere along it. The complimentary ADA service to the fixed route is provided to affected people up to ¾ of a mile on either side of the route. Clients who require this service are required to fill out an ADA application and submit it to the MART office. If they are found to eligible to be transported, they can call the office to schedule their transportation. The funds dedicated to that route will now go to the MBTA. Mr. Toale reported the Board has their first focus group meeting regarding the five municipal buildings with the Architectural Preservation District Commission (APDC), Historical Commission and the Lunenburg Historical Society on January 15. Mr. McQuaid stated he would like to hold targeted discussions on each of the buildings, their historical significance. What is an acceptable fast forward for each building, can we knock it down or move it to another location or try to sell it? If that is not okay, what is a reasonable use to put in it? Mr. Toale stated in an earlier conversation with the Historical Commission, he had asked if they were interested in placing some of their historical items for display in Town Hall. At that time, there was no interest. He would like to explore that. Ms. Adams requested the discussion include the historical significance of the land as well. Mr. Toale stated the Board would meet on January 22 for regular business. ===PAGE 6=== members who worked to keep this topic alive so that more voices could be heard. When reading the task of the Planning Board, per the moratorium warrant question, the warrant article as it appeared in the May 6, 2017 and the November 13, 2018 warrants, states that the Planning Board's job is to address the potential impacts of recreational marijuana and to consider adopting new provisions of the zoning bylaw to address the impact of recreational and operational impact of marijuana establishments and marijuana retailers and related uses. Clearly, the task is not to advocate for the complete prohibition of marijuana establishments in Lunenburg. The Planning Board is clearly reaching outside the scope of their charter and you haven't even done the impact study yet. Although the Board of Selectmen does have the power and authority to pose a warrant article and ballot question to the residents to prohibit marijuana in Lunenburg, such a decision should be based on a firm belief that a significant amount of residents want such a warrant article to be put to the town. The facts of the matter indicate otherwise. The town voted in favor of legalization of recreational marijuana on the state ballot. One would hope that the voter support of legislation was just that. A significant number of Lunenburg voters participated in the state election decision. It is very likely that a much smaller number will participate in the town meeting and the subsequent vote this year. There should be a very compelling reason and data to support re-voting this where fewer voices will most likely be heard. There is no indication that the Town wants to prohibit marijuana evidenced by lack of attendance and public input during the public sessions held on recreational marijuana. Two people spoke for prohibition at the Planning Board meetings; that is not overwhelming support. Ms. Adams asserted that the citizens should have a vote. Ms. Bertram stressed that the Planning Board is not talking about outright prohibition and we are not voting on the decriminalization of marijuana; that vote has passed. We are looking for the Selectmen to place five (5) ballot questions for the five (5) different uses. Do we want these five uses in Town? We are working on a bylaw and there will be public hearings, and we will solicit public feedback for potential changes to this bylaw that will be voted on at a town meeting. Mr. McQuaid asserted he has never said I did not want this on the ballot or in town meeting. His major concern is a lack of guidance or recommendation for any of this. He hoped when this does come up at town meeting, that you present the bylaw first on how you would regulate it so people can see what the alternative is before they say no to it. I want to make sure people are educated and understand what they actually are voting for, and not voting out of emotion and fear. I don't support it and there are plenty of reasons to allow it in town and regulate it. Ms. Luck added there is no public outcry and I am unwilling to vote to put this on the ballot without substantial public outcry. I respect the Planning Board as individuals. The impact study has not been done. People have not been educated. Land Use Director Burney stated he has not been an advocate for or against. I have been working with the board to craft the language that they want and noted the Planning Board has been working on this for the past eight (8) months, and there has not been an outcry for or against. They have had a dozen or so meetings where they have discussed marijuana and I think the most well-attended meeting had ten people there. What they are hearing and ===PAGE 7=== vote, I probably will vote to send it the voters because that is the only solution I can think of. But I will be very disappointed because there will be lot less voters than the number that came out in November. Ms. Adams noted that the November election voted on a different circumstance. The amount of people that show up have no impact on any future vote. Mr. Toale and Ms. Luck disagreed with her. Ms. Bertram noted if we don't put this on the ballot and we go forward with the regulations in May, they will be passed and any permit that comes in will be permissible under these regulations for any and all of the five uses. I am not looking for prohibition, it is my personal belief and I believe we have a responsibility to affirm that the people of Lunenburg did not simply vote for decriminalization but they are voting to accept all five uses. Both the ballot vote and a town meeting vote are required. If both of them don't pass, then the regulations that are passed by our community will be what governs. I want you to understand if we don't put this on the ballot, we have all five uses. Is that what the people of Lunenburg want? Mr. Burney noted the Board always intended that there would be six warrant articles; five to cover each individual use and one for the total regulation for zoning Ms. Lemieux emphasized that the Planning Board is coming before the Board of Selectmen looking for assistance and suggested the Board of Selectmen view it as such. Mr. Toale asked for public comment. Pete Stella, 31 Chase Road, stated he was one of the 53% that voted for legalization, but he does not want it in his town. Fitchburg can have the 3% tax. He feels it needs to go to citizen vote. Ms. Bertram noted that she also voted yes, but does not want it in Lunenburg. She wants to understand the potential impacts. She did not realize that by voting to decriminalize, there would be a potential for it to be in Lunenburg. I have talked to many people. John Baker, 53 Chase Road, noted that the crime rate rose in Colorado once marijuana was legalized. This will further stretch the resources and manpower of the Police Department. Paul Smith, 800 Chase Road, believes it should go to a vote. Dr. Gary Moritz, Pastor, Twin City Baptist stated research has shown that ingesting marijuana affects the teenage brain. It has a drastic effect on families. He sees the effects daily and feels it should be banned. Mr. Allison reminded all that households of two or more people are allowed to grow up to 12 plants on their property, possess up to an ounce of marijuana and to smoke marijuana in their home. This issue is about zoning and commercialization of marijuana. Carl Luck, 50 Sunset Lane, noted Ms. Bertram's comment about wanting to understand the impacts. It is the responsibility of the town to let the townspeople know what the impacts of the votes are; the pluses and the minuses. It has to do with these five uses in town. This is about opportunity to build business, create jobs and generate taxes. He reminded that the moratorium warrant article stated there shall be a planning process to address the potential impacts of recreational marijuana in town. There needs to be education. Mr. Prokowiew stated there is no mandate for an impact study. Our regulations are an assessment of the impact. ===PAGE 8=== Town to take money away from drug dealers and make it safer and generate revenue for the Town. Ms. Luck agreed and stated that being a marijuana-free community will not decrease the amount of marijuana smoked in Lunenburg. She also felt there hadn't been enough public input to vote tonight. Mr. Toale is concerned that a smaller amount of people will vote and it won't reflect a mandate on what the Town really wants. Vote: 3 in favor, 1 against (Luck) Mr. Toale thanked the Planning Board and the public for their input. The Planning Board adjourned their meeting. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS 1) Resignation from the Library Director, Martha Moore effective March 30, 2019 Ms. Lemieux stated this was notification to this Board of her resignation as she is retiring. 2) Vacancy on the Cemetery Commission Ms. Lemieux stated the vacancy has been posted and the tentative plan is to jointly appoint to the position with the Cemetery Commission on January 22nd TOWN MANAGER REPORT ADA Project Grant from MA Office on Disability(TM Goal #2): I received notification from the MA Office on Disability that we received a grant award in the amount of $7,500 for accessibility improvements to the Lane, Cowdrey, and Small Town Forest properties. We were not awarded the planning grant or the two other project grants for North Cemetery and improvements to town facilities but we will be able to apply for these projects next fall. Update on Tier 3 Complete Streets Application: The Mass DOT Municipal Grants Program Administrator contacted me today to relay our request for Tier 3 Complete Streets Construction funding was not approved. MassDOT received 30 Tier 3 applications and only 11 applications were funded and out of those 11, 10 of them were only partially funded. We had a satisfactory score but other applications scored higher and the advice 1 received over the phone was projects that provided for bicycle accommodations and improved transit would likely improve our score. I have already spoken with the DPW Director about setting up a meeting with WorldTech Engineering to review the projects we submitted for and how we can propose to amend the application for the next grant round in April. Town Facilities (TM Goal #2): • RFP for Rental of Space at the TC Passios: School Facilities Director John Londa reached out to Shapiro Educational Collaborative to find out why they did not submit a bid and he responded that there were too many modifications and the lease would be for a relatively short time. ===PAGE 9=== Business Manager Michael Cassidy on January 2nd to discuss the School's FY2020 budget proposal that was presented to the School Committee in December and provided the Superintendent a target budget that would be needed to create a balanced budget for next year. The Capital Planning Committee will be meeting Tuesday, January 15th at 5:15 p.m. in Town Hall to prioritize capital requests. Per the Charter, I will provide the Selectmen with a Capital Plan by the end of January, at the January 22nd meeting. Updates to the Town Website: After being live with the new website since September and hearing some feedback, I have spoken with the IT Director about making a few changes, including changing one of the buttons on the homepage from Charter/Bylaws to Town Calendar and changing the Important Documents button to Town Finances. Another change being considered is changing the title of the "Get Connected" button to "Citizen Engagement and Transparency Center". The IT Director looked at the analytics to find out how frequently the current buttons were being clicked and found that the Charter/Bylaws button and Important Documents was rarely used. Other updates include adding new pages for the Charter Review Committee, the Open Space Committee, and the Cultural Council, as none had their own page on the last website. Attendance at Meetings and other announcements: • Town Counsel Office Hours: Monday, January 28t 12-4 pm; Monday, February 258 am-12 pm. Vacancies: The following paid positions are currently posted: • Building Commissioner • Local Inspector The following is a list of vacancies on the following committees: • Agricultural Commission (1 regular member, 2 alternate member vacancies) • Architectural Preservation District Commission (1 vacancy for a design professional/craftsperson) • Cemetery Commission (1 regular member- jointly appointed until 2019 ATE) • Cultural Council (multiple vacancies) • Green Communities Task Force (1 vacancy-Citizen at Large position) • Zoning Board of Appeals (2 Associate vacancies) ===PAGE 10=== mature way. I think what you are recommending as a town and get involved very early and maybe take a look at all our Chapter 61 inventory and maybe have discussions with the landowners and develop exit strategies to make everyone whole. Mr. Kibbe agreed and believed individual landowners have their rights and I don't think we should be pounding down their doors to force them into something they don't want to do. But when it comes time when they want to make a decision with their property, we want to be at a place to be talking with them at the outset. There is a lot of property under C. 61 in town and there is probably a handful of those properties that the town would actually have an interest in to make the investment to take on as recreation or conservation land. Ms. Luck asked how that would happen. Mr. Kibbe noted the Open Space Committee has their criteria. We identify priority areas in town that are either for wildlife habitat, scenic, agricultural protection or drinking water supply. If they are in one of those areas, another set of criteria is used, of which at least three of those must be met. Motion: D. McQuaid 2"d: P. Luck To take no action on the Right of First Refusal for the C. 61 property located at 994 Northfield Road Vote: All in Favor Mr. Toale believed the board supported the effort to be more proactive on this issue. Ms. Luck stated she researched the tax paid back to the town when properties are removed from c. 61. Since 2004, the Town received $167,837 and in 2006, the town received $44,000. She suggested seriously considering placing this money into a fund for future land acquisitions of open space because when it comes up we don't have any funding. Peter Stella, 31 Chase Road, stated he had a problem with open space especially in a town where they restrict everybody from doing whatever they want. To him, putting money aside for more open space makes no sense. There is a lot of open space in town already. Mr. Toale stated this should be a town meeting decision. The Board thanked the committee again. Mr. Toale asked for any further comment before moving on. The Open Space Committee exited the meeting to continue their meeting in the Ritter Building. Discussion on Placing A Ballot Question on the May 18, 2019 Annual Town Election Ballot Prohibiting the Sale of Adult Recreational Marijuana Planning Board Chairman Matt Allison called the Planning Board meeting to order. Mr. Toale stated this is a continuation of the joint discussion we had last time we met and we were missing a member at that time who had some input. I felt we needed to continue this discussion. There was an election in November of 2016 where the town voted on whether to legalize recreational marijuana. As a result, the state has been working on their regulations on the state level. In the interim, we are trying to determine what impact that has on our town. Unless towns that had a "yes" vote do something locally with bylaws and zoning, it becomes legal in those towns. Another possibility is prohibition in town. Mr. Allison noted that in Lunenburg, the vote was over 50% in favor of legalization, so we are a "yes? town. Ms. Bertram wanted to comment to some of the comments made in public comment earlier. The citizens of Lunenburg voted on the legalization of marijuana. What people may not have been aware of is the potential impact of what that is and the five ===PAGE 11=== Elaiem. Peterson Elaine M. Peterson Executive Assistant to the Town Manager RECEIVED & FILED FEB 2 0 2019 LUNENBURG TOWN CLERK OFFICE ======================================================================================== DOCUMENT : 2019-01-15-agenda-5135.txt BOARD : select-board DATE : 2019-01-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-01-15-agenda-5135.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01152019-5135 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, January 15, 2019 6:30 PM – Town Hall Bilotta Meeting Room, Second Floor AMENDED 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. I. 6:30 PM Call Meeting to Order II. EXECUTIVE SESSION: Motion to enter into Executive Session and to return to Open Session after exiting Executive Session: Pursuant to M.G.L. c. 30 § 21, Reason #3, to discuss strategy with respect to litigation, where an open meeting may have a detrimental effect on the government’s litigating position, and the Chair so declares, namely O’Brien Homes, Inc., et al. v. Town of Lunenburg, et al., Land Court Docket Nos. 13 MISC 477878 through 13 MISC 477887, and O’Brien Homes, Inc. v. Town of Lunenburg Planning Board, et al., Appeals Court Docket No. 2018-P-1520. III. RETURN TO OPEN SESSION WITH PLEDGE OF ALLEGIANCE IV. PUBLIC COMMENT  BOARD  PUBLIC V. ANNOUNCEMENTS VI. APPOINTMENTS VII. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Reserve Police Officer- Ramon Cabrera Interim Local Building Inspector-Donald Farrar VIII. CURRENT BUSINESS 1. Vote on opening and closing dates for the May 4, 2019 Annual Town Meeting Warrant 2. Signatures for Bond Anticipation Note for Middle/High School 3. Minutes/ Warrants/Action File Issues 4. Committee Reports 5. Department Reports IX. TOWN FACILITIES WORKSHOP: Joint Meeting with the Architectural Preservation District Commission, Historical Commission, and Historical Society X. UPCOMING MEETING/EVENTS SCHEDULE January 22, February 5, 12, 19 2019 XI. PUBLIC COMMENT  PUBLIC  BOARD ===PAGE 2=== XII. ADJOURN ======================================================================================== DOCUMENT : 2019-01-15-agenda-5191.txt BOARD : select-board DATE : 2019-01-15 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-01-15-agenda-5191.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01152019-5191 ======================================================================================== ===PAGE 1=== Select Board Meeting 1. ======================================================================================== DOCUMENT : 2019-01-15-minutes-5135.txt BOARD : select-board DATE : 2019-01-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-01-15-minutes-5135.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01152019-5135 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Jamie Toale, Chairman; Damon McQuaid, Vice Chairman; Phyllis Luck, Clerk; Katey Adams, Member Others present: Heather Lemieux, Town Manager; Adam Burney, Land Use Director Architectural Preservation District Commission (APDC) members present: Richard McGrath, Chair; (and Historical Commission) Cullen Dwyer (and Historical Commission), Brian Corcoran; Jim LaVeck Historical Commission members not present: Rebecca Lantry, Chair; C. William Lakso, Jennifer Sanderson Historical Society members present: Chuck Venezia, President; Bill Tyler, Vice President The meeting opened at 7:06 p.m. with the Pledge of Allegiance. PUBLIC COMMENT: There was none at this time APPOINTMENTS Reserve Police Officer- Ramon Cabrera Ms. Lemieux asked Officer Cabrera and Police Chief Marino to come forward. Chief Marino reported Cabrera has completed Police Training Academy. He has an Associates' Degree in Criminal Justice from Quinsigamond Community College. If appointed, he will be required to undergo a rigorous field training program that will allow for an extensive evaluation. This provides town personnel an opportunity to assess his competency, work ethic, personal skills, integrity and honesty. He has a keen interest in pursuing a full-time career in law entorcement. He is tri-lingual, speaking spanish, portugese and english languages. He strongly recommends Ramon Cabrera for reserve police officer. Mr. Cabrera stated he moved around a lot as a kid but ended up in Clinton, MA and decided he wanted to be a police officer after visiting a cousin in New York and seeing the respect he received from the community. Motion: D. McQuaid To ratify the Town Manager appointment of Ramon Cabrera to Reserve Police Officer 2nd. P. Luck Vote: All in Favor The Board congratulated Officer Cabrera and applause resounded through the meeting room. Interim Local Building Inspector-Donald Farrar Ms. Lemieux stated this is to fill the position vacated by Local Building Inspector Andrew Hudson, who was filling in until we found someone permanent. It will be for 16 hours a week to do inspections and other duties. Ms. Lemieux has put out inquiries to other towns to see if they would like to share a Local Building Inspector position. Motion: D. McQuaid 2nd:P. Luck To ratify the Town Manager appointment of Donald Farrar to Interim Local Inspector Vote: All in Favor ===PAGE 2=== 2. Bond Anticipation Note for Middle/High School Construction Loan Ms. Lemieux noted this is a routine renewal of the bond for the Middle/High School construction loan in the amount of $2,100,000.00 with an interest rate of 2.4% Motion: D. McQuaid 2n°: P. Luck To sign the bond anticipation note for the Middle/High School construction loan Vote: All in Favor 3. Minutes/ Warrants Minutes of November 7 and November 20, 2018 were approved. An accounts payable warrant in the amount of $225,033.77 was signed. Action File Issue Ms. Luck, after watching the Board of Selectmen (BOS) meeting of December 11, 2018 which she was unable to attend, and listening to the concerns of the Park Commissioners during the skate park discussion, believed the project should be reevaluated. She stated the BOS, including herself, did not do its due diligence before agreeing to let the group use town land for this project. We should have reached out to the Park Commissioners and the DPW Director for their opinion before agreeing to let the group use town land. We should have also checked to see if there is town support for this recreational project. What will be the effect on the town's insurance by having such a structure on town land? What is the right size for such a park? How will we accommodate the parking needs? The project was presented as something that would not burden the taxpayers, now it is being spoken of as a "destination." She will definitely withdraw her support if turns out to be a tax burden. Mr. Toale stated he would schedule this as a future agenda item. 4. Committee Reports Ms. Luck attended the Central MA Regional Stormwater Coalition, Steering Committee meeting, earlier this week. They are working for all 30 communities in the coalition on how to meet the requirements of the EPA and DEP Ms4 permits. It is going to be expensive and they are creating a lot of materials, working on templates and holding workshops that member communities can benefit from. She hoped Lunenburg will take advantage of the assistance. Ms. Adams attended the Charter Review public hearing and there was lots of good discussion. They will be holding at least one more public hearing. She attended the Planning Board meeting and they continue to work on their marijuana regulations. There is a new solar project on Electric Avenue and an interesting barn project on Lancaster Avenue. Mr. McQuaid reported Capital Planning met and a full report will be presented next week. Mr. Toale will be attending an MPO meeting tomorrow in Leominster. Before the joint meeting, the Board moved to the lower table to join the other boards. ===PAGE 3=== The Architectural Preservation District Commission is charged with preserving historical structures in the Architectural Preservation District established by bylaw in Lunenburg. To that end, it is my duty to inform you that the town is in violation of the APD bylaw with respect to the Old Primary School. The Brooks House is also of Section 2 of the APD bylaw explains the concept of Demolition by Neglect. This describes a situation where a contributing property is in the gradual process of demolition without permission from the APDC through lack of maintenance. Section 10 of the bylaw makes it explicit that demolition by neglect is illegal. Page 18 of the APD Guidelines explains more about Demolition by Neglect and how the AP DC should handle the situation when it arises. We believe that the Old Primary School is in a state of Demolition by Neglect because failure to perform basic maintenance hasled to further damage which has compromised the integrity of the building as awhole. Ifleft unchecked, this damage may be too costly to repair, and lead to the total demolition of the structure. Viz: • Roof leaks have allowed water into the walls, causing them to disintegrate. • Vegetation has been allowed to set root around the base of the building, damaging the foundation. • Plumbing has not been properly winterized, causing flooding and damage to HVAC systems. The APDC requires the Town of Lunenburg to take action on these items, as well as amy other maintenance items that might be required to prevent further deterioration. It is furthermore our opinion that the disuse of historic buildings is and will remain a disincentive to their maintenance. We feel it is consistent with our mission to recommend that the Board of Selectmen return them touse. The Building Reuse Committee put considerable effort into finding away that the Town coulduse the Old Primary School, but in the enddeclared it"surplus" along with the Brooks House. Since that time, the Town Manager and community leaders have sought to create anoverall redevelopment plan for the downtown that wouldretain possession and control ofmunicipal properties. While their intentions are laudable, they have failed to produce any acceptable plan for how these buildings will be used and thus preserved in the future. Meanwhile the Old Primary School has continued to deteriorate, and the Brooks House may soon suffer the same fate. The APDC therefore recommends that the Board of Selectmen seek to lease or sell these two properties as soon as possible. Respectfully Submitted, Richard McGrath, APDC Chair Mr. Toale stated so we are on notice that the Town is in violation of the APD bylaw for at least one property and perhaps getting close on another. Mr. McGrath stated we have been discussing it and there have been differing opinions on the commission as to the approach. As a model, the Jones House was demolition by neglect as it was not maintained for a number of years while the Town rented it. The Susan Brown House on Massachusetts Avenue was in the same condition. There was a lot of opinion in town to tear down those two historic buildings. They ended up selling them and putting them back on the tax rolls. The people that bought them fixed them up and they are still part of the community and ===PAGE 4=== Mr. Loale reviewed the history of getting to where we are today. I he irst plan was to move all town offices to Town Hall and declare the other four buildings under-utilized. For many reasons arising from the Tappe Study, that was not going to work. The next thought was to add on to the Ritter Building and make that our municipal office space. The final plan we arrived at was to use the TC Passios for municipal offices and then leave the other four buildings as under-utilized. We believe we need somewhere between 30,000 and 40,000 square feet out of the 55,000 to 57,000 total area. It does not make sense to tear down the gym or cafeteria; they could be used for community purposes. The Town does not have an immediate plan at this moment for the Ritter Building, the Brooks House, Town Hall or the old Primary School. We have heard loud and clear that people love these places and that they did not want them torn down. What do you want to do with them; do you sell or lease them? We had made several attempts at town meetings to get partial approval to keep going forward for studies and drawing up plans. We did put out a Request for Proposals, but it did not have any incentives and there was a short response time period and we got no response. We did not put any thought into who might be best motivated to use these spaces. That is where we stand now. We are trying to get ideas on how do we best utilize these buildings. Ms. Adams expressed concern about selling a historical building without ensuring it would not be demolished and placing a massive development on the site. She prefers focusing on municipal open spaces. She believes the Old Primary School could be demolished and the land could be used as town open/recreation space. She stated how unsafe it is to have many people try to access the tree lighting at the gazebo in December. Mr. McGrath noted the APDC would have a say on whether a building can be torn down in the APD. Discussion ensued about the zoning (and zoning restrictions of the Village District and/or the Architectural Preservation District (APD). Ms. Luck stated she would love to see senior housing in the center where the old Primary School is located as it is close to the Senior Center and town center. She did not see the old Primary School area as a good open space due to it being tucked back off the road and being secluded from view. Ms. Luck would like to see the road blocked off on Leominster Road from the beginning of the triangle where the gazebo is located down to Whiting Street. Mr. Toale noted the benefit of having these boards here tonight is to talk about the historical value of the buildings. We plan on having additional discussions with Parks Commission and Open Space and some other groups to talk about other things. Ms. Adams asked why the rest of the Historical Commission wasn't present as she would have liked to hear some feedback from them. Mr. Cullen stated Ms. Lantry had another obligation but he did not know why Ms. Sanderson or Mr. Lakso were not here. He stated Ms. Lantry wanted to share her vision with them for the old Primary School which would be the Town using it as a farmer's market locale, art center or a location for other public events. ===PAGE 5=== Mr. Burney stated the uses discontinued because bs been more mal two years Stice I tas been a residence. In the Village District, you need a special permit to construct a new single family home but this is not a new home; another issue is that it currently resides on the same property as the TC Passios and the parking lot that serves the rear of the Public Library. You would need to create a new lot for that house and the house currently has no driveway access to Massachusetts Avenue. You would need a curb cut permit from MassDOT and with the proximity of the library driveway and Middle/High school driveway, there could be some safety concerns from Mass DOT. This could make it a difficult sell with a lot of practical obstacles. After some discussion, Mr. McQuaid asked if the APDC would be comfortable with the Town putting out Requests for Proposals for reuse of some of the buildings. Mr. McGrath concurred. Mr. Venezia asked if there has any discussion about fixing up the old Primary School. Mr. Toale stated if he was reading the APD letter correctly, we either have to fix it up or get rid of it. The APDC members agreed with his statement. APD member Jim LaVeck entered the meeting Mr. Toale inquired if the Historical Society needs more space to show artifacts. Mr. Venezia stated no, they were satisfied with the building they have. Mr. Toale noted we would have to resolve parking access for your building before we do something with the old Primary School. He asked about Town Hall and the Ritter Building. Given the path we are taking, it's possible we would be moving town offices to the TC Passios, then we would have an empty Ritter Building and Town Hall. Any suggestions for future uses from a historical or APDC point of view? Mr. Corcoran stated we definitely want to save them. Mr. LaVeck said he had heard several options, farm to table restaurant, an art space, and community space for those kinds of endeavors. The one issue we could run into is interest by "x" group and actually moving something forward. Discussion turned back to the Brooks House and selling it as a single residence and what would be involved. Discussion returned to the old Primary School and putting out an RFP. Mr. Burney noted the more you limit the use, the more you reduce the amount of people who will be interested. Also, there are a series of limited uses that are allowed in the Village District. Focusing on the physicality of the building may open up opportunities for the redevelopment and reuse of that building that may not be there if you go for a keyhole of specific uses. Mr. Toale thanked the Boards and stated this has been helpful. He invited them to continue providing feedback. We will continue to keep moving forward, our hope is to ask Town Meeting to provide funding for detailed plans for the TC Passios, so an actual cost to move offices there is provided. He also stated if the Historical Commission Chair would like to come back and discuss, we would be happy to schedule it on a future agenda. Mr. McGrath stated they are meeting tomorrow night so he would bring that up. Mr. Toale reviewed the Board's upcoming meeting schedule. They meet again on January 22, and then on February 5, 12, and 19. ===PAGE 6=== Respectully submittea, claire M. Peters on Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2019-01-15-minutes-5191.txt BOARD : select-board DATE : 2019-01-15 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-01-15-minutes-5191.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01152019-5191 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Counsel (via telephone) Mr. Toale called the meeting to order at 6:30 p.m. Motion: D. McQuaid 2nd: P. Luck To enter Executive Session per M.G.L. c. 30 § 21, Reason #3: To discuss strategy with respect to litigation, where an open meeting may have a detrimental effect on the government's litigating position, and the Chair so declares, namely O'Brien Homes, Inc., et al. v. Town of Lunenburg, et al., Land Court Docket Nos. 13 MISC 477878 through 13 MISC 477887, and O'Brien Homes, Inc. v. Town of Lunenburg Planning Board, et al., Appeals Court Docket No. 2018-P-1520 Vote: Mr. McQuaid-aye, Ms. Luck-aye, Ms. Adams- aye, Mr. Toale-aye Attorney Costa reported he met with the Planning Board members last night and the settlement agreement has been signed by Mr. O'Brien and the Planning Board members. We are waiting for the Aro's and your vote to approve and for your subsequent signatures. The agreement mirrors the outline of settlement terms that the Board and Planning Board had voted on a week and a half ago. It is a lengthy document; the first page consists of "whereas" clauses, setting the stage for the context and background of the agreement. The next section is Paragraph one which begins with Dismissals. Subparagraph (a) refers to the pending bad faith claim case in Land Court. This claim will be dropped by O' Brien. Subparagraph (b) deals with the case that is pending in the Appeals Court. The Town will drop this case. Subparagraph (c) requires a brief discussion. There was an additional lawsuit that involved certain actions that were undertaken on the property. KP Law had litigated this for you and gone to trial in September 2017, just alter Mead Talerman and Costa was appointed as own Counsel, but all the pretrial work had been completed already. The judge took it under advisement and here we are a year and a half later and we still do not have a decision from him. The Town issued an enforcement order to O'Brien on the basis that what he was doing was really not testing soil but clearing portions of the site where roadways and other infrastructures would go without subdivision approval. It was brought to court and resolved on Summary Judgment in favor of O'Brien but then went on to Appeals Court. The Town wanted to appeal because the court said it shouldn't have been resolved on Summary Judgment because there were too many facts in dispute relative specifically to Mr. 'Bren's intent. It was sent back to Land Court so a short trial was conducted in September of 2017. When we spoke to the judge last week he informed both parties that he had drafted the other case decision but he hadn't issued it yet and preferred to not do so if there is a resolution. He did not want to issue a decision that would put the settlement at risk. So I have it in here as a case that will be dismissed. Attorney Borenstein (O'Brien's lawyer) does not seem concerned as he thinks it is a moot point. Paragraph 2 deals with the subdivision approvals and the logistics of how this is all going to happen. The way this reads is that the Separate and Final Judgments will become Final Subject to a remand by the Planning Board. The Planning Board shall reconsider, at a duly-noticed public hearing, its prior definitive subdivision denials to be consistent with the Land Court's Separate and Final Judgments, but to further include the modifications and commitments by O'Brien Homes specified in paragraphs 3 and 4 below. The hearing will commence no later than 30 days and final action will be taken no later than 90 days following submittal by O'Brien Homes of complete revised and/or supplemental subdivision application materials required by the terms of the agreement. The Land Court will retain jurisdiction in the interim. The parties will agree to ===PAGE 2=== Paragraph 4 lists the conditions of approval of the subdivision plans. These are all the other terms that we agreed to at the last Executive Session with all the edits in some form covering age restrictions, public access to the Town Forest and a potential future trailhead to be constructed by the Town on the Town's land; as well as land identified in paragraphs 3(a)(b) and in part 3(c) that shall not comprise subdivision lots, roadways or other components of the subdivision, shall be conveyed to the Town. 4(d) states there shall also be a phasing plan for the subdivisions so as not to extend residential growth and to avoid overburdening the Town's public facilities and services all at once. 4(e) is a standard provision relative to Surety. The paragraph at the end of paragraph 4 gives the Planning Board while proceeding in good faith to insert other standard provisions necessary to bring the subdivision plans into compliance with regulations. Paragraph 5 provides a deadline for action. This is a new provision drafted by O'Brien's attorney. He wants to make sure the Planning Board takes action in a timely manner. Paragraph 6 is an alternate proposal clause for proposed modifications to the subdivision plans for consideration by the Town. Paragraph 7 and on are standard provisions of a settlement agreement covering mutual releases of liability; Costs, Further Cooperation, Joint Drafting of the Agreement, Informed Decision, Entire Agreement, Counterparts, Severability, that this agreement is in accordance with Massachusetts law, and gives Authority to the person(s) executing the agreement, and Successors and Assigns. Mr. Toale asked if the Planning Board went through the agreement last night. Attorney Costa stated they discussed it in detail and were comfortable with the timelines. They do believe they can act within the 90 days. They were concerned about peer review of the ten subdivision plans. Mr. Costa stated he read in the court documents that there was a peer review and there was a letter from the consultant determining the applications were complete. The Board thanked Mr. Costa for all his work. Motion: K. Adams To accept and sign the settlement agreement as presented Vote: Ms. Adams-aye; Ms. Luck-aye; Mr. Toale-aye, Mr. McQuaid-aye 2nd: D. McQuaid Motion: D. McQuaid To adjourn from Executive Session to return to Open Session Vote: Ms. Adams-aye; Ms. Luck-aye; Mr. Toale-aye, Mr. McQuaid-aye 2nd: P. Luck The meeting adjourned at 7:06 p.m. Respectfully submitted, c Elaiie m Peterson Elaine M. Peterson Executive Assistant to the Town Manager ======================================================================================== DOCUMENT : 2019-01-22-agenda-5146.txt BOARD : select-board DATE : 2019-01-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-01-22-agenda-5146.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01222019-5146 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, January 22, 2019 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 I. PUBLIC COMMENT  BOARD  PUBLIC II. ANNOUNCEMENTS  Presentation by Senator Tran, Representative Benson, and Representative Hay of FY19 State funding for Turkey Hill Asbestos Abatement III. APPOINTMENTS 7:05 PM Public Hearing: Dangerous Dog - Susan Thibodeau- 54 Broadmeadow Drive 7:15 PM Joint Appointment with the Cemetery Commission for Cemetery Commission Vacancy 7:20 PM Meeting re: 994 Northfield Road: a. Reconsideration of January 8, 2019 Vote to Take No Action on the Notice of First Right of Refusal for 994 Northfield Road; vote may be taken b. Meeting with Chris Clark of Nexamp to approve PILOT for 994 Northfield Road 7:30 PM Renewal of Earth Removal Permits #14 and #15 –P J Keating Co. IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS V. TOWN MANAGER REPORT VI. CURRENT BUSINESS 1. Presentation of Capital Plan by Town Manager 2. Minutes/ Warrants/ Action File Issues 3. Committee Reports 4. Department Reports-ACO Quarterly Report VII. OLD BUSINESS 1. Board of Selectmen Goals a. Town Assets 1. Present & Future Maintenance & Capital Replacement of All Town Assets 2. Adopt an Action Plan for Activities During FY19, dealing with the “Five Buildings” b. Improve Public Satisfaction through Community Involvement and Public Outreach c. Increase Alignment with Committees Appointed by the Board of Selectmen VIII. UPCOMING MEETING/EVENTS SCHEDULE February 5, 12, 19, 2019 IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2019-01-22-minutes-5146.txt BOARD : select-board DATE : 2019-01-22 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-01-22-minutes-5146.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_01222019-5146 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Board of Selectmen present: Jamie Toale, Chairman; Damon McQuaid, Vice Chairman; Phyllis Luck, Clerk; Katey Adams, Member Others present: Senator Dean Tran, House Representative Jennifer Benson, House Representative Stephan Hay, Kathleen Comeau, Animal Control Officer; Sergeant Joshua Tocci, Jeremy Cohen, Boston Dog Lawyers; Suzanne Thibodeau, Alan Clapp, Pam Porter, Steve Mullaney, Richard Stepton, Nancy Foss Yasko School Committee members present: Heather Sroka, Meredith Weiss, Jim LaVeck, Carol Archambault, Wendy Bertrand Cemetery Commissioners present: Bill Tyler, Lorraine Mendoza The meeting opened at 7:00 p.m. with the Pledge of Allegiance. Mr. Toale stated in accordance with the requirements of the Open Meeting Law, please be advised that this meeting is being recorded and broadcast over the Lunenburg Public Access channel. He announced Town Manager Lemieux was not present tonight due to her airline flight back to Massachusetts being cancelled due to bad weather. PUBLIC COMMENT: Ms. Luck announced burning permits are now available for residents. You can either go to the Fire Department or purchase one online at http://www.massfire.net/brush/lunenburg.php Burning is allowed until May 1st Presentation by Senator Dean Tran, Representative Jennifer Benson, and Representative Stephan Hay of FY19 State funding for Turkey Hill Asbestos Abatement Senator Tran thanked the Board for having himself and Representatives Benson and Hay here tonight. Representative Benson thanked Senator Tran for taking the lead on this effort. Representative Hay stated this is one more example of the House and Senate working together. He thanked Senator Tran also and congratulated the Town. Mr. Toale invited the delegation and the School Committee members to the stage for photos with the oversized $130,000 check to the Town. The funding will go towards the asbestos abatement at Turkey Hill Elementary School. Mr. Toale thanked the delegation for helping the town with their capital needs. Dangerous Dog Public Hearing: - Owner Susan Thibodeau- 54 Broadmeadow Drive Mr. Toale reviewed the hearing procedure aloud for those present. He asked anyone involved with the hearing to step forward. Animal Control Officer Kathy Comeau, Sgt. Tocci and Mr. Stepton were sworn in. ===PAGE 2=== can't be loose and they are watched at all times. Richard Stepton, 131 White Street, stated he walks his dog, Abbie, every day around 4:00 a.m. I was walking up the hill as I have for the last 10-12 years and I noticed a flashlight at the top of the hill. It looked kind of weird at first and it kept on blinking, so I knew something was going on and I tried to get my dog off to the left. A woman, as it turns out, came down with her dogs and they knocked her down as they pulled her to the ground with the leash. They jumped on me to get at my dog. I guess I was up and down, but the basic position I was in was on my stomach with my dog on my left and the other two dogs up and down and I was trying to break my dog away from them. I remember a couple of times calling out "they are trying to kill my dog." I just kept on pushing and pushing and all of the sudden I whacked her free out of her harness and she ran away. I got up and quite frankly, I was staggering around a bit. I picked up my keys, my hat and my clogs and went to go find her. I was walking down the hill and I kept on calling her name. I got home and I was going to get in my car and go look for her but she was on the porch on the second floor where I live. I tried to get her to come with me and she was really hurt. She was bleeding all over the place, as was I. I finally got her into the car and I remember my neighbors telling me they heard her scream when I tried to pick her up and they knew something was wrong. I drove her to the Westminster Animal Hospital. This was about 35-40 minutes after all of this happened. The veterinarian told me she had looked her over and I had saved her lite. She was very near death as she is a very small dog and they asked me what kind of dogs attacked her. I said I don't know, I've never seen them. But they seemed like they were little bulldogs. As it turns out that was pretty accurate. So, after I bled all over the veterinary hospital, they told me I better go to the hospital. I went to the emergency room at Leominster Hospital and three hours later I was discharged. I had three stitches on my lower leg. It didn't hurt but it was near a vessel or something so it bled all over the place. I got one stitch in either hand and I counted my bite marks and there were probably upwards of 50 bites. My hands were swollen and almost inoperable for two weeks while I took care of her (Abbie). They said there was a good chance that both of us would get infections, but we didn't. I guess as it turns out, we were pretty lucky. There were no witnesses; it was four o'clock in the morning. First thing I did was ask her if she needed any help because they (the dogs) pulled her right to the ground. Ms. Luck asked when she fell to the ground, did she let go of the leash? Mr. Stepton said she had to; when she fell to the ground, she tried to pull... I heard her one time say no or stop. But I was so concerned about my dog being eaten alive by these dogs... I don't know what causes that, I think it's the blood and instinct kicked in. Ms. Luck asked, so she was totally not in control of her dogs? Mr. Stepton replied when I said, "T'll never get her now," she (Ms. Thibodeau), walked down the street a little bit and tried to look into the woods to see if she could find her. Then she disappeared and I never saw her again. After that, a few people asked me if she had called 911 or called me to see how I was doing, but that never happened. Ms. Luck asked how far is this from your house. He stated his walk makes a loop from the housing and the whole ===PAGE 3=== upon the history of those incidents, we have concerns about the dogs' demeanor and Ms. Thibodeau's ability to control her dogs. We don't feel there was any intent to do wrong or that this is a breed specific issue. We just think these dogs in particular have a history of being aggressive and the owner was not able to control her dogs. Under c.140, §157, we are not allowed to have the dogs removed from town because she is a resident and we are not asking for destruction of the dogs. We are simply asking for a determination that the dogs may be dangerous and if so, restrictions under c. 140, §157, be put upon those dogs in accordance with the law. Mr. Toale noted if we determine the dogs are dangerous, there are seven options under §157 that can be imposed. Mr. Toale asked if the dog owner or a representative was present. Attorney Jeremy Cohen, Boston Dog Lawyers, and Ms. Suzanne Thibodeau, 54 Broadmeadow Drive, came forward. Ms. Thibodeau was sworn in. Ms. Thibodeau stated she was coming down the hill right near the storm drain in her yard and out of nowhere with no light, this man came and startled me and the dogs. She stated he (the dog) took me to my knees, I never let go of the leash. I told the man to back off, but he did not hear me so he started coming closer, as you would when you can't hear someone. Then a skirmish ensued. I felt terrible; I did not even get a mark on me. I was just trying to pull my dog and he had his knees on my dog's leash. By the time I got her free, the dog (Abbie) was running. I put my dogs in the house and I went with the man, who had no light, and I helped him because I had a light. We were looking for the dog, we could not find it and I said Sir, Sir, and he just kept walking and he waved me off and I kept walking around looking into the bushes. Maybe the dog had run off into the woods and I could probably see it with my headlamp... but I didn't get any bites, I did skin my knee because the grass was slippery. I came in and I worried and worried and worried. I did not know what was going on. I had no way of contacting him and I was told that an officer was going to come to my house and I said fine, but I guess they got busy that night. Then on Tuesday, there was an Officer Broc that was supposed to come look at Bella because she got quite a few scars and her nose was split and she was bleeding quite a bit as well. But I didn't take her to the vet or anything because I figured I am going to watch her. She seemed fine. I didn't even know the man, but my concern was please have a light, number one. Number two, please don't get in the middle of something we really have no control of. I was a little upset about the fact that I could not get my leash. I kept pulling and pulling and he was on top of it, on his knees on top of it, and on top of his dog like this, (she bends over). Finally, I grabbed it. I finally got it out and brought her in. Mr. Toale asked Ms. Thibodeau if she had two dogs with her. She stated she did. Mr. Toale asked were both dogs involved in this. Thibodeau stated the other one, it did not phase him one bit, he was just sitting there looking around. Mr. Toale asked and you did not contact Animal Control or the Police, you did not take any affirmative action on your own? ===PAGE 4=== yes, as outlined in the police report. His recollection was that they made phone calls and we attempted to stop by. Officer Broc (who is in the back of the room) attempted to stop by as well. Numerous phone calls were made, messages were left, they were not returned for a period of time. When we stopped by, Officer Broc felt there was someone inside, but we couldn't get anybody to come to the door. He believed it was several days later before we got a return phone call. Ms. Thibodeau stated excuse me, I was just told that a quarantine letter would be left in my mailbox. But I was waiting, there was no knock on the door or a phone call. Because I really kind of wanted you to see Bella, I really did. Sgt. Tocci stated he believed the Animal Control Officer left a slip of paper in her mailbox regarding the incident and Officer Broc spoke to her by phone or left a voice mail message. When I finally did speak to Ms. Thibodeau, she reiterated the terms of the quarantine to me. In that conversation, I requested to stop by the next day and she stated she wasn't available. I asked her if I could stop by at any point later in the week and I don't believe I got a response as far as when to stop by. Ms. Thibodeau stated I said just let me know, I'm here and you said oh yeah, I'm the canine and I said oh yeah. Sgt. Tocci stated his recollection of that conversation differs. Ms. Thibodeau nodded and said quite a bit. Mr. Toale stated a certified letter in the file here was sent and returned unable to be delivered, are you aware of that. Thibodeau stated no, I am not actually. Mr. Toale asked is 54 Broadmeadow the right address/ She affirmed it was. Ms. Adams asked St. Tocci what deems a dog dangerous, a bite versus an attack, and how that would be defined, because we have a lot of photos here, photos of the wounded dog and photos of Mr. Stepton and this to me looks like a viscous attack just based on the injuries. These are really graphic photos. Sgt. Tocci was not aware of any specific language in terms of a bite or an attack, but the best reference for that would be in MGL c. 140 §157. Ms. Adams asked do we know if these dogs have bitten another animal or a human before? Sgt. Tocci stated he was only aware of this incident but referred the question to ACO Comeau. Ms. Comeau stated in my conversation with Ms. Thibodeau, she explained a dog on dog incident that happened a few years ago. Mr. Toale asked if all three of the dogs are licensed and vaccinated. Ms. Comeau reported Thibodeau's dogs are not licensed. She got a call from the Westminster Animal Hospital yesterday telling her that some gentleman was there with the dogs and I didn't recognize the name and they said it was Ms. Thibodeau's husband. I said it was her dogs and there was a dangerous dog hearing tomorrow night. They asked me if they were out of quarantine and I said yes. The vet asked if they could vaccinate them and I said yes. So they were vaccinated yesterday. She has never had the dogs licensed in Lunenburg and we have spoken before. She believes that her dogs never go out, so they shouldn't have to be and I explained to you (speaking to Thibodeau) why. Rabies is important. We had an incident at the Thibodeau residence on December 22, 2016. Someone was returning her taxes and she called me to report that she was attacked by one of their dogs. Ms. Thibodeau told me at that time that ===PAGE 5=== didn't help Mr. Stepton. She stated she was nervous and didn't know what she could do. She told Ms. Comeau she did not sleep that night. Ms. Comeau told her that she was concerned about the dogs and Ms. Thibodeau because she was ill and the dogs are too strong for her to handle. I don't want anything to happen to her dogs, she loves her dogs. But we need to do some kind of permanent thing here so we know everyone is safe. Ms. Thibodeau stated in the 2016 incident the woman who was attacked was let in by her niece, right past the Beware of Dog sign, which she considered to be an assumed risk. Chief was a pup and he jumped and scratched her in the forehead. Ms. Comeau stated she saw the hospital report and she had bruised ribs. It did not say anything about bites. I quarantined the dog at that time too. That is when I made all the arrangements to get the rabies shots and get them licensed and that fell through. That was two years ago and then this happened. Ms. Comeau stated because of her physical problems, we need to have something formal in place now so people are safe. Ms. Luck asked because Thibodeau physically can't restrain the dogs? Ms. Comeau stated she has an illness and she has no strength. They knocked her down. I'm not blaming her, I am just saying we have to do something so we know that they (the dogs) are safe. That is what the (Police) Chief expects. We need to do something permanent so she knows what she has to do, so the dogs and people are safe. Ms. Thibodeau stated we picked up a Dog Watch system (hidden dog fence) for the backyard and I do not tether the dogs. They are not out alone at all. As far as my physical capability, I am completely fine and I don't know how that information got out, but I consider that to be a HIPPA violation. Ms. Comeau stated you told me you were ill. Ms. Thibodeau stated I told you I had surgery. Ms. Comeau stated no, this was before. You told me you were ill and you had to be careful with the dogs because you had no strength. Ms. Thibodeau stated she believed her strength was okay. Ms. Luck asked her when she got the Dog Watch system. Ms. Thibodeau stated right after it started getting cold; it hasn't been installed yet. Ms. Comeau stated Dog Watch systems are fine for some breeds, but for breeds that are stubborn...I have English Bulldogs and they would never stay behind a fence. There has to be something more permanent. I've had many complaints over the years from dog owners who use this and the dogs go through it and then they can't get back in. Dogs like this, we can't take a chance. We have to take responsibility for what they could possibly do and we know what they did to Mr. Stepton. I was mortified when I went to the house and saw the dog (Abbie). He laid on top of his dog to save his dog's life. He interfered because he thought they were going to kill his dog. She got a lo,t but he got a lot too. Until he released his dog from her harness, he thought they were going to kill her as far as he was concerned. Dogs in that state of mind; they don't know what they are doing. They are not going to retreat. Mr. Toale asked Ms. Thibodeau if the dogs were to be found dangerous and one of the possible resolutions is for them to be humanely restrained on your property, that wouldn't be a huge burden because you normally keep them on your property? Ms. Thibodeau stated no, not at all. Attorney Jeremy Cohen, Boston Dog Lawyers, stated part of the reason he comes to these hearings is to make sure they are done in a fair way, so thank you. There is no doubt about it; it is ===PAGE 6=== Stepton has spent $1400 on veterinarian bills. That is a lot of money. Mr. Cohen asked why Ms. Thibodeau did not get the bills. Ms. Comeau stated we can give them to her. Mr. Stepton has the bills. I think we were waiting to see what was going to happen here. Mr. McQuaid asked were both of the dogs involved? Ms. Comeau stated according to Mr. Stepton -yes; and the owner- no. Ms. Luck stated it sounds like it was a melee, so it would be hard to tell. Ms. Comeau stated Mr. Stepton said they were both biting the dog There was no further comment or questions. Motion: D. MeQuaid 2nd: P. Luck To find that Chief and Bella are deemed dangerous dogs Discussion: Ms. Adams stated the photographs are profound evidence that there was an attack and we know both parties were there and that the three dogs were there. This is clearly more of an attack; these photos are very frightening. I think in this case, it fits the definition of a dangerous dog. Ms. Luck believed that just on the side of caution, we have to assume both dogs were involved. Mr. Toale, referring to c. 140, 8157, stated there are several actions for next steps. He asked for any recommendations. Ms. Luck asked Ms. Comeau if she had any. Ms. Comeau stated the Board should look at all of the remedial actions listed in the law and decide which ones are most important. If a fence is installed, it should be put in the ground and buried underground, so they can't dig out. She also recommended an insurance policy. When they are taken out in public, they should be muzzled. Ms. Comeau asked Attorney Cohen if he wanted to see the photos. He stated there was no need and that the Board was looking to her as the most knowledgeable person in the room for recommendations. She stated she did give recommendations. Mr. Toale stated he would be inclined to impose i., ii., iii., and iv. Ms. Luck asked what happens if she doesn't follow this? Ms. Comeau stated then she will be back here before you. Motion: D. MeQuaid 2nd: P. Luck To impose the following restrictions: 1) That the dogs be humanely restrained; provided however, that no order shall provide that a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to, a tree, post or building; 2) That the dogs be confined to the premises of the keeper of the dog; provided, however, that "confined" shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area or fence, upon the premises of the owner or keeper; provided further, that such pen or dog run shall have a secure roof and, if such enclosure or fencing has no floor secured to the sides thereof, the sides or fence shall be embedded into the ground for not less than two (2) feet; and provided further, that within the confines of such pen or dog run, a dog house or ===PAGE 7=== pounds and not exceeding 3 feet in length; 4) That the owner or keeper of the dogs provides proof of insurance in an amount not less than $100,000 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dogs or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon request of the hearing authority or a justice of the district court; and provided further, that if a policy has not been issued the owner or keeper of the dogs shall produce proof of efforts to obtain such insurance. Please provide proof of insurance to the Board of Selectmen office, 17 Main Street, P O Box 135, Lunenburg, MA 01462 5) That the owner obtains licenses for the dogs in the Town of Lunenburg. Mr. MeQuaid amended his motion to include the following: The owner or keeper of the dogs has 90 days (deadline of April 16, 2019) to install the exterior confinement. Ms. Luck seconded the amendment. Vote: All in Favor Mr. Toale informed Ms. Thibodeau that we will prepare a letter and get it you as soon as possible. Joint Appointment with the Cemetery Commission for Cemetery Commission Vacancy Cemetery Commissioner Bill Tyler stated they met earlier and are still in session. We recessed and reconvened here. It is our recommendation to appoint Nancy Foss Yasko to fill the vacancy of commissioner until the next election. Ms. Foss Yasko, 146 West Townsend Road, stated it was her honor to be here and was very excited to be a part of this organization. She and her husband have lived here for twenty-four years. In 2018, we decided we wanted to purchase two plots in the North Cemetery for the future. So, we have vested interest in the cemetery. Having visited different cemeteries and seeing the beauty of some cemeteries, I can tell you that 1 am proud to be here in Lunenburg to see the cemetery and how it is run and how the commissioners have taken it upon themselves and prided themselves in making the beauty here. That is why I would like to be appointed. I was also a personal friend of Lance May and his family. His wife and I served at Fitchburg State University on the alumni board. Knowing the family and how much he loved it here, it would my honor to be part of that. I hold an MBA from Fitchburg State and am an independent consultant for Massachusetts, Maine, New Hampshire, New Jersey and the European market. My strengths include the ===PAGE 8=== To appoint Nancy Foss Yasko to the Cemetery Commission until the next election Vote: Mr. Toale-aye, Mr. MeQuaid-aye, Ms. Luck-aye, Ms. Adams-aye, Mr. Tyler-aye, Ms. Mendoza- aye The Board congratulated Ms. Foss Yasko and reminded her to get sworn in before the next meeting. She thanked the Boards. Meeting re: 994 Northfield Road: Mr. Toale reported he spoke with Town Counsel earlier today and he has not finished reviewing the PILOT agreement. We can listen to the presentation and approve it contingent on his recommendations. a. Reconsideration of January 8, 2019 Vote to Take No Action on the Notice of First Right of Refusal for 994 Northfield Road Alan Clapp, Nexamp Development Manager representing Settler's Solar, LLC, stated he is here on behalf of Chris Clark, who is traveling this week out of state. The first issue is the reconsideration of the Chapter 61 issue of the vote to take no action on the Right of First Refusal. It is my understanding that he and Bill Gustus, the landowner, made a presentation to you after your vote was taken and you have taken this up again tonight for reconsideration. I am not here to make any new presentation, but I am happy to answer any questions you may have relative to that action. Mr. Toale reported at the joint meeting with the Open Space Committee, it was their recommendation that we take no action, so as not to set precendent in this particular case because they felt we were going to need to do some future work on Chapter land in general. After that vote was taken and after the Open Space Committee left, the applicant and Nexamp representative asked if the Board would reconsider the vote. Has anyone given it any thought or would you like to discuss reconsidering our decision? Mr. McQuaid asked if there was any additional correspondence with Open Space about that. Mr. Toale reported the Town Manager had a few phone calls back and forth with Chair Brandon Kibbe. Open Space has not met again since then and nothing was resolved either way. Ms. Adams stated she was comfortable with no action due to the fact we could not have pursued purchasing it based on the timetable. After reflection, she was comfortable with letting the time period expire. Mr. Toale noted in this case, we felt that there was no time to get an appraisal within 30 days. Open Space wants us to be more proactive with Chapter 61 landowners about their long-term plans and their exit strategies so that in the future we have a longer time frame to deal with it. The only reason we are reconsidering is because Nexamp informed us they cannot start construction, provide energy credits to residents or execute the PILOT agreement until the Board votes or the 120 days lapse. I personally feel the tradeoff of four to six weeks is not valuable enough to go against the wishes of the Open Space Committee. ===PAGE 9=== Mr. Clapp stated he believed the agreement document itself was generally agreed to as far as the business terms. Their attorney and Mr. Clark had submitted some minor modifications such as the size (down from 5.9 to 5.8 megawatts) and thus changed the payment schedule accordingly. This financial element needs to be reviewed by Town Counsel. Nexamp, LLC, was listed in the original document. It should be Settler's Solar, LI.C. There is also minor terminology about the documentation. Mr. Toale directed the Board to the email from Town Counsel Adam Costa to Executive Assistant Peterson, stating, "I'd recommend that the Board vote to approve the PILOT Agreement subject to review and approval by counsel. I will need to negotiate some of the terms with Settlers Solar." Dave Passios, 56 Whiting Street, cautioned the Board on approving something that has not been fully vetted. There is no rush to do this. Ms. Adams agreed, preferring for Town counsel to review it first. After further discussion, Mr. Toale stated he would schedule it on the next agenda following Town Counsel's review. Mr. Clapp stated he appreciated that and thanked the Board. Renewal of Earth Removal Permits #14 and #15 -P J Keating Co. Steve Mullaney, Mullaney Engineering, appeared on behalf of P. J. Keating's permits #14 and #15. He reported the quarry area is along the Lancaster town line, on the westerly side of Fort Pond Road and the southerly side of Leominster-Shirley Road. Mr. Toale read the memorandum from Land Use Director Adam Burney dated 22 January 2019: At its meeting of 20 November 2018, the Board of Selectmen requested some additional information on earth removal permits #14 and #15. P.J. Keating Company submitted this material to the Town Manager's Office on 15 January 2019. Building Commissioner Garry Rhodes and I have reviewed the information submitted by S.J. Mullaney Engineering, Inc., on behalf of P. J. Keating Company for earth removal permits #14 and #15. This information includes a set of three plans (2 relating to permit #14 and 1 relating to permit #15). Permit 15: This parcel was substantially in compliance with the conditions of the permit as issued in August of 2017. The one outstanding issue was an encroachment of the work area into the two hundred and fifty foot (250') buffer zone required between the area to be excavated and Reservoir Road. Much of the disturbance to this area was not recent and some of the area has been reclaimed naturally, The outstanding issue was how does P.J. Keating Company plan to restore this area and prevent future disturbance of the required buffer zone? The plan submitted indicates procedures for the spreading of loam and seeding for the areas that remain to revegetated. Furthermore, there is a proposal to install signage within the property along the two hundred and fifty foot (250') line to indicate the limit of work area. ===PAGE 10=== Permit 14: It was determined that there was some work done on this parcel that was in violation of the conditions of the permit. Nonetheless, the Board of Selectmen was willing to entertain some modifications to these conditions with the submission of additional information indicating the long-term development plans, closure plan and post-closure use. It appears that the submission provides the information requested. However, there are some items that require a bit more review and research prior to the submission of a recommendation from this office. Recommendation: I, in conjunction with the Building Commissioner, request that this item be continued for one month (until 19 February 2019) to allow us to provide a recommendation that properly reflects the information submitted. Motion: D. McQuaid znd: P. Luck To follow the Land Use Director's recommendation to extend permit #15 until February 19,2019 Vote: All in Favor Mr. Mullaney thanked the Board. CURRENT BUSINESS Presentation of Capital Plan by Town Manager-Mr. Toale stated Ms. Lemeieux will be presenting her Five Year Financial Forecast and the Capital Plan to the Finance Committee this Thursday. He has posted a meeting agenda for this Board, in case a quorum of the Board attends. If not, he encouraged the members to watch the meeting on public access and we can discuss it in February. He did note the Town Manager did meet the Charter obligation to present it. Ms. Luck asked if it could be done earlier next year, so we don't run into this. Mr. McQuaid stated the Town Manager has to wait to get the budget certified in early January so we know what we are working with. That has its own timeline that she really can't control. The Capital Plan will be presented at a February board meeting. Minutes/ Warrants/ Action File Issues Minutes of December 4, 2018 were approved. An accounts payable warrant in the amount of $574,828.47, a payroll warrant in the amount of $777,317.42 and a payroll deductions warrant in the amount of $168,041.68 were signed. Ms. Luck would like to see property taxes reduced to 2% rather than 2.5% in advance of having to fund the school committee's forecast of the Turkey Hill Elementary School in eight years needing to be either renovated or building a replacement. The Town should find other ways to generate revenue outside of raising property taxes such as raising license fees to cover the costs and to look at forecasting. Motor vehicle excise taxes revenue typically exceeds our annual estimates. She proposed taking a much harder look at the budget (revenue and expenses). She ===PAGE 11=== Ms. Luck attended the Massachusetts Municipal Association Annual Meeting and Conterence last Friday and Saturday. Speakers included Governor Baker, Lt. Governor Polito, Senators Warren and Markey and Boston Mayor Marty Walsh. She attended several interesting and informative workshops and she will be bringing some proposed ideas forward in the coming weeks. Department Reports-ACO Quarterly Report Mr. Toale referred the Board to the Animal Control report in their packet. If there are any questions, we can follow up at the next meeting. Mr. Toale reviewed their upcoming meeting schedule. The next meeting is February 5 unless the board has a quorum on Thursday night at the Finance Committee meeting. PUBLIC COMMENT: Dave Passios, 56 Whiting Street, expressed concern about the PJ Keating quarry potentially becoming a problematic area in the future after being closed. He hoped there was a way to mitigate that. He will be discussing this with the Land Use Director. Mr. Toale stated he believed PJ Keating Co. has been a great asset to the Town and he would expect they would meet all their obligations in the closure process. Motion: D. McQuaid To adjourn the meeting at 7:32 p.m. 2°: P. Luck Vote: All in Favor Respectfully submitted, Elaike m. Peterson Elaine M. Peterson Executive Assistant to the Town Manager ===PAGE 12=== Reporting Officer: SERGEANT Joshua Tocci Assisting Officer: KATHY COMEAU Signature: # INVOLVED 1 THIBODEAU, SUZANNE I 54 BROADMEADOW DR LUNENBURG MA 01462-1207 Military Active Duty: N HEIGHT: 505 BODY: NOT AVAIL. DOB: 08/23/1969 LICENSE NUMBER: MA S15186778 PCF #: 5111806 SEX RACE AGE F W 49 SSN 013-66-6556 PHONE 978-273-2029 WEIGHT: 150 HAIR: BLOND OR STRAWBERRY COMPLEXION: NOT AVAIL. PLACE OF BIRTH: FITCHBURG, MA ETHNICITY: NOT HISPANIC EYES: GREEN Home Phone CallBack Number CallBack Number _ICONTACT INFORMATION] (Primary) (Primary) 978-273-2029 978-273-2029 (Primary) 978-278-2029 _[APPEARANCE] CLASSES WORN: YES [FAMILY/EMPLOYMENT INFORMATION] MARITAL STATUS: MARRIED OCCUPATION: UNEMPLOYED ===PAGE 13=== LUNENBURG MA 01462 1 DOG BITE # VICTIM (S) 1 STEPTON, RICHARD 131 WHITE ST Apt. #E-4 LUNENBURG MA 01462 DOB: 02/28/1942 INJURIES: Severe Laceration, Possible Internal Injuries ETHNICITY: Not of Hispanic Origin RESIDENT STATUS: Non Resident TAKEN TO: Leominster Hospital VICTIM CONNECTED TO OFFENSE NUMBER (S) : 1 CONTACT INFORMATION: 978-602-2577 PROPERTY # SEX RACE AGE SSN M W 76 PHONE 014-32-4529 978-602-2577 # 1 2 3 OTHER PROPERTIES ABBIE - JACK RUSSELL TERRIER / WHIPPET QUANTITY: 1 VALUE: SERIAL #: NOT AVAIL DATE: 12/08/2018 OWNER: STEPTON, RICHARD CHIEF - AMERICAN STAFF TERRIER QUANTITY: 1 SERIAL #: NOT AVAIL DATE: 12/08/2018 OWNER: THIBODEAU, SUZANNE L BELLA - SHARPEI MIX QUANTITY: 1 SERIAL #: NOT AVAIL DATE: 12/08/2018 OWNER: THIBODEAU, SUZANNE VALUE: VALUE: STATUS Suspected Suspected Suspected ===PAGE 14=== explained that on November 28th, at approximately 4:30am, Richard Stepton of 131 White Street E4 was walking his dog in the area of Broadmeadow Drive. Both Stepton and his dog were bitten multiple times by dogs belonging to Suzanne Thibodeau. As a result, Mr. Stepton was bitten several times and had over 30 wounds on his body which required medical treatment at Leominster Hospital. Mr. Stepton's dog, Abbie, was bitten several times requiring emergency veterinary care at Wachusett Animal Hospital. ACO Comeau had already met with Mr. Stepton, and spoke to Ms. Thibodeau. She further informed me that neither of Thibodeau's dogs were licensed and their rabies vaccinations were not current. ACO Comeau and I were able to schedule an interview with Mr. Stepton for the next day. Phone calls that ACO Comeau and I made to Ms. Thibodeau to inform her of the quarantine were not answered and no return calls were received. On November 30th, 2018, I went to Ms. Thibodeau's residence to speak with her about the incident but she was not home. I called her again, however, she did not answer; I left a message but did not hear back. ACO Comeau and I then met with Mr. Stepton at his residence which was approximately 1/3 mile from where he was bitten. While walking up to his door I observed several spots of dried blood on the concrete in front of his stairs, up his stairs, and dried blood on the handle to his apartment door. (See photographs) When Mr. Stepton answered the door, I immediately noticed that his right hand was very swollen and there were obvious wounds all over his hands, face, and head. His dog, Abbie, was standing behind his legs shaking nervously and when we walked into the room she sprinted into another area of the house. Mr. Stepton told us that Abbie has not been behaving normally and she has been very skittish since the incident. Mr. Stepton explained that for the past several years he has taken his dog for a daily walk on the same route, at the same time. Around 4:00am each morning, he walks Abbie south on White Street, turn east on Broadmeadow Drive, and follows it back to the west end of White Street. On the morning of the 28th, he was walking Abbie up Broadmeadow Drive on the left side of the road (opposite side of Thibodeau's house) when he noticed a "bouncing light" in the center of the road coming towards him. As it got closer he encountered Ms. Thibodeau with a flashlight, walking down the center of the road with her 2 dogs, Chief and Bella. He told me that Thibodeau was using a split leash (one handle and line, that splits part way down to make 2 leashes) to handle both dogs! He told me that Thibodeau's dogs began barking and aggressively pulled towards them hard enough to pull Thibodeau off her feet. Chief and Bella then charged at Abbie so Stepton instinctively reached down to grab Abbie, but Chief and Bella began biting both of them. In the struggle, Stepton lost his balance and was pulled to the ground. Stepton said Thibodeau's dogs were "biting me all over" and Abbie could not escape. Stepton explained that he was on his hands and knees trying to protect Abbie underneath him while using his arms to push the dogs away. It was his belief that Thibodeau's dogs were going to kill his dog. He told me that he could hear Thibodeau yelling at her dogs but due to the commotion he could not see where she was or what she was doing. Stepton was eventually able to unhook Abbie's leash so she could run away. At that point, Chief and Bella stopping attacking them and Thibodeau was able to get them under control. Stepton then began looking for Abbie, calling her name searching the area yards for her. Thibodeau accompanied him for a few minutes trying to call Abbie but there was no response. At some point he realized Thibodeau had left, so he returned home to care for his wounds because he "was bleeding out of everywhere." Thibodeau said he felt pain, but "the adrenaline hid a lot of it." When he got back to the apartment he found Abbie cowering and yelping in pain. He said she was yelping so loud that neighbors were looking out to see what was going on. Stepton put Abbie in his car and drove her to Wachusett Animal hospital for treatment. ===PAGE 15=== Arms: Puncture wounds, scratches, bite marks around both wrists and hands. Left hand had puncture wounds across all his fingers, one of which broke through his ring finger nail and turned his entire finger black. His right hand had swollen to almost twice the size of the left. A puncture wound broke through the nail on his right middle finger. Knees: Large abrasions from being pulled to the ground and trying to get away from the dogs. Ankles: Left ankle had puncture wounds and bite marks. I asked Stepton how he was feeling now. He told me that he was in a great deal of pain which prevented him from sleeping for almost 30 hours following the incident. He told me that he was in so much discomfort he had resorted to purchasing a sleep aid to get to bed; something he would not have otherwise used. He has to change his bandages frequently because blood still seeps through them. His hands are in pain and so swollen that he has a great deal of difficulty holding on to, or opening things. He was prescribed medication for the injuries, including antibiotics. While reflecting on his injuries, Mr. Stepton started to get watery eyed and choked up. I asked Mr. Stepton if he still had the clothes he was wearing when the incident occurred, he told me had put the pants in a plastic bag and was going to throw them out "because they're ruined." I asked him to retrieve them, he was able to. I observed the pants were covered in dirt, the fabric was torn, puncture marks were located around the ankle and there were large blood stains on several areas. Stepton's shoes were coated in dirt and mud, and had blood spatter on all sides. His fleece cap had several large blood stains on them, and his jacket had puncture marks on the wrists with dried blood inside the cuffs. I asked him if the blood stains outside were his, he told me they were because he was "bleeding profusely" when he returned to his apartment from the incident. (See photographs) ACO Comeau asked Mr. Stepton about Abbie's injuries, he told us she had been bitten and scratched. The worst 2 areas were her neck and right hind leg. Both which were shaven at the vet revealing numerous large puncture wounds and deep drains that were implanted under her skin. Also injured was her left hind foot which was wrapped and sealed. (See photographs) She was sent home with numerous medications and a protective collar around her neck. She has become very skittish, shaking all the time and not leaving Mr. Stepton's side. Mr. Stepton told me that felt Thibodeau was not able to control her dogs, and "this was not the first time." We asked him what he meant by that. He told me that about 2 years ago he was walking his last dog on Broadmeadow during the daytime, he saw Thibodeau outside her house with Chief and Bella on a split leash. As he was walking by, Chief and Bella began barking aggressively and pulling Thibodeau towards him. He stated that she struggled to control the dogs but was able to pull them back to the house. Mr. Stepton explained "I am a dog lover, I don't want to see them put down, but I don't know what else to do." Later that day Ms. Comeau and I made separate calls to Ms. Thibodeau which went unanswered. Ms. Comeau informed me that she had left a written notice in Thibodeau's mailbox to call her regarding the incident. She also told me that she had previously instructed Thibodeau to have Chief and Bella vaccinated and licensed, which has not been done. Over the next several days both Ms. Comeau, Ofc. Broc and I made calls and visits to Thibodeau's home which went unanswered. Ofc. Broc informed me that he left a voicemail on her phone notifying her that her dogs were under quarantine for 10 days, and the rules regarding it. He also stated that on one visit, the lights were on and there was movement inside the house but no one would come to the door. It was his impression that this was done to intentionally avoid contact. On Sunday December 2, 2018 I called Ms. Thibodeau, identified myself, and asked her if she knew why I ===PAGE 16=== Ms. Thibodeau told me that she already knew they were quarantined and reiterated all the terms and requirements to me. This indicated to me that she received Ofc. Broc's message from several days ago, that she understood the regulations, and clearly disregarded our messages to contact either Ofc. Broc, Ms. Comeau, or I. I explained to her that I only had Mr. Stepton's account of what had happened and I would like to see if her dogs were okay, document any injuries that either she or her dogs may have, and get her version of the events. Since she did not want me at her house, I asked her if she would be willing to speak to me on the phone about what had happened. She told me that she was walking Chief and Bella in her yard when she saw Stepton walking up the road. Her dog's began barking at the edge of the yard and she told Stepton to "Stay Away" but she did not think he heard her because of his age. Stepton's dog Abbie then "got into it" with her dogs and she fell down, causing her to let go of the leash. The dogs began fighting and Stepton "got in the middle of it" causing him to get bit. Ms. Thibodeau told me that she felt bad Mr. Stepton got bit, but "anyone should know not to get in the middle of a dog fight." She told me that Bella was the only one involved in the fight and Chief did not do anything. Thibodeau told me that Stepton was "stomping" on Bella and inadvertently stepped on her (Thibodeau's) foot. Once the incident was over she brought her dogs home and came back out to help Mr. Stepton find his dog and offered him her light. When I again asked her if either herself or her dogs had received medical treatment as a result, she told me no. I asked her if there were any injuries at all, even if they weren't treated, she replied that Bella had some scratches on her nose and ear, but nothing serious. Ms. Thibodeau stated she had a "little road rash" from falling down. I asked her again if I could come to photograph the injures, she told me "no." I asked her if I could come omorrow evening, i nonever goenion helence on the was be. . asked is there sas any timmat all this week thats could visit. "they are already healing up, there is nothing to see." Based on the lack of communication on her part, the lack of return calls, and her apparent unwillingness to allow me or Ms. Comeau at her house, it was my opinion that Ms. Thibodeau was going out of her way to avoid direct contact with the police regarding this matter. I asked Ms. Thibodeau if her dog's had been involved in any incidents in the past. She told me that a few years ago, the next door neighbor's dogs "Nya" and "Lexi" bit Bella, but it wasn't an issue because they moved. I advised Ms. Thibodeau that there was a previously reported incident involving her dogs from 2015 and asked her to explain what happened. She told me that a woman came to her house and the dog jumped on her, but she was not hurt. I told her that the victim in that incident had received medical treatment as a result, and she replied that Ms. Comeau had improperly documented the injuries as being more serious than they actually were. Unprompted, she then went on to tell me that Kathy Comeau "had a tenacity [sic] of exaggerating details" and she is "sick and tired of hearing her bullshit." I explained to her that I needed to deliver the physical quarantine notice, and that I would have it placed in her mailbox since she did not want any visitors. Later that evening, Ofc. Leger placed it in her mailbox. On December 11, Ms. Comeau updated me that Ms. Thibodeau had not yet provided proof of vaccination or licensed Chief and Bella. Ms. Comeau advised me that she would be submitting fines Ms. Thibodeau for the unlicensed dogs, and reporting the incident to the Board of Selectmen. End of report. Sgt. J. Tocci ===PAGE 17=== me as "Chief" an American Staff Terrier, and "Bella" a Sharpei Mix, were involved in a dog bite incident on November 28, 2018 at or around 4:30am. The victim of this dog bite incident was Richard Stepton, of 131 White Street, Apt. E4. Based on the investigation, training, and experience of Sgt. Josh Tocci, as well as my investigation and experience as the ACO for the past 42 years, I make the following recommendations to the board of selectmen. 1) That "Chief" and "Bella" be deemed "dangerous dogs' as defined in MGL c140 s157. 2) The following restrictions be so ordered as defined in MGL c140 s157c (c) If the hearing authority deems a dog a dangerous dog, the hearing authority shall order 1 or more of the following: (i that the dog be humanely restrained; provided, however, that no order shall provide that a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to, a tree, post or building; (ii) that the dog be confined to the premises of the keeper of the dog; provided, however, that "confined" shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of the owner or keeper; provided further, that such pen or dog run shall have a secure roof and, if such enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for not less than 2 feet; and provided further, that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog; (iii) that when removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length; (iv) that the owner or keeper of the dog provide proof of insurance in an amount not less than $100,000 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon request of the hearing authority or a justice of the district court; and provided further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to obtain such insurance; (v) that the owner or keeper of the dog provide to the licensing authority or animal control officer or other entity identified in the order, information by which a dog may be identified, throughout its lifetime including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations or a combination of any such methods of identification; (vi) that unless an owner or keeper of the dog provides evidence that a veterinarian is of the opinion the dog is unfit for alterations because of a medical condition, the owner or keeper of the dog shall cause the dog to be altered so that the dog shall not be reproductively intact; These recommendations are based on the incident as outlined in Sgt. Tocci's police report, as well as an incident involving the same dog's on February 22, 2015, as well as Mis. Thibodeau's lack of cooperation and continued disinterest in complying with town regulations regarding the vaccinations, licensing, and control of her animals. --END-- ======================================================================================== DOCUMENT : 2019-01-24-agenda-5147.txt BOARD : select-board DATE : 2019-01-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-01-24-agenda-5147.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01242019-5147 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Thursday, January 24, 2019 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. I. OPEN MEETING II. JOINT MEETING WITH THE FINANCE COMMITTEE TO HEAR THE TOWN MANAGER’S FIVE YEAR FINANCIAL FORECAST & CAPITAL PLAN RECOMMENDATIONS (THE BOARD MAY DELIBERATE AND VOTES MAY BE TAKEN) III. ADJOURN ======================================================================================== DOCUMENT : 2019-02-05-agenda-5148.txt BOARD : select-board DATE : 2019-02-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-02-05-agenda-5148.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02052019-5148 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, February 5, 2019 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 I. PUBLIC COMMENT  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS 7:05 PM Public Hearing: Class II Auto Dealer License Application by KB Agyeman d/b/a Cars LLC at 555 Chase Road 7:10 PM Pole Petition Hearing for Joint Pole Relocation on Sunnyhill Road from Verizon New England, Inc. 7:15 PM Meeting with Richard Bursch re: Request to enter Payment In Lieu Of Taxes with 270 Electric Ave Realty LLC for Personal Property at 270 Electric Ave 7:25 PM Meeting with Ecological Fibers of 40 Pioneer Drive to hear request for Tax Increment Financing (TIF) Agreement IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS V. TOWN MANAGER REPORT VI. CURRENT BUSINESS 1. Capital Plan Presentation and Five Year Financial Forecast Recap by the Town Manager 2. Discussion about raising taxes 2 1/2 % 3. Minutes/ Warrants/ Action File Issues- Fiscal Year 19 3rd Quarter Water Committment 4. Committee Reports 5. Department Reports- Quarterly Financial Report VII. OLD BUSINESS 1. Payment In Lieu of Taxes Agreement with Settler’s Solar, LLC for Personal Property at 994 Northfield Road 2. Board of Selectmen Goals a. Town Assets 1. Present & Future Maintenance & Capital Replacement of All Town Assets 2. Adopt an Action Plan for Activities During FY19, dealing with the “Five Buildings”  Discussion re: Warrant articles for TC Passios Building, Brooks Building and old Primary Building VIII. UPCOMING MEETING/EVENTS SCHEDULE February 12, 19, March 5, 2019 IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2019-02-12-agenda-5184.txt BOARD : select-board DATE : 2019-02-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-02-12-agenda-5184.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02122019-5184 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, February 12, 2019 7:00 PM – Town Hall Bilotta Meeting Room, 2nd 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 I. PUBLIC COMMENT  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS 7:05 PM One Day Sunday Entertainment License application – A.A.G. LLC d/b/a Kindred Spirits, 324 Electric Avenue for March 17, 2019 7:10 PM Meeting with DPW Director and WorldTech Engineering regarding the Complete Streets Tier 3 Application due April 1st IV. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation of David Prokowiew from the Planning Board V. TOWN MANAGER REPORT VI. CURRENT BUSINESS 1. Memo from Land Use Director Re: Adding 6th ballot question to the May 2019 Annual Town Election on prohibition of marijuana researchers; vote may be taken 2. Discussion on articles for Annual Town Meeting, including: a. Article to convey the old Primary building; b. Article to convey the Brooks building; c. Article for architectural and engineering services for TC Passios as Municipal-School Central Offices- Community Building d. Article to accept MGL c. 64N,§ 3 to impose an excise on the retail sales of marijuana for adult use 3. Discussion regarding request from Senator Tran re: Prioritization of Fiscal Priorities in FY20 4. Revote to extend Earth Removal Permit #14 – P. J. Keating Company- until March 5, 2019 5. Minutes/ Warrants/ Action File Issues 6. Committee Reports 7. Department Reports VII. OLD BUSINESS 1. Payment In Lieu of Taxes Agreement with Settler’s Solar, LLC for Personal Property at 994 Northfield Road VIII. UPCOMING MEETING/EVENTS SCHEDULE February 19, March 5, March 12, 2019 IX. PUBLIC COMMENT  PUBLIC  BOARD X. ADJOURN ======================================================================================== DOCUMENT : 2019-02-19-agenda-5149.txt BOARD : select-board DATE : 2019-02-19 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/select-board/2019-02-19-agenda-5149.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02192019-5149 ======================================================================================== ===PAGE 1=== BOARD OF SELECTMEN Tuesday, February 19, 2019 6:30 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. 6:30 PM PLEDGE OF ALLEGIANCE I. PUBLIC COMMENT  BOARD  PUBLIC II. ANNOUNCEMENTS III. APPOINTMENTS 6:35 PM Introduction from Lunenburg Grange Members 6:40 PM Sunday Entertainment License for Kindred Spirits, 324 Electric Avenue for March 17, 2019 6:45 PM Meeting with DPW Director and WorldTech Engineering regarding the Complete Streets Tier 3 Application due April 1st IV. 7:30 PM WORKSHOP ON TOWN FACILITIES: JOINT MEETING WITH CONSERVATION COMMISSION, OPEN SPACE, AND PARKS COMMISSION V. INTERVIEWS/APPOINTMENTS/ RE-APPOINTMENTS/ RESIGNATIONS Resignation of David Prokowiew from the Planning Board VI. TOWN MANAGER REPORT VII. CURRENT BUSINESS 1. Discusson on plan to use TC Passios for municipal offices/school central offices/community space and workshop meetings with the following focus groups: a. Conservation Commission, Parks Commission and Open Space Committee b. Library, Senior Center, and Boys & Girls Club c. Town Employees, PACC, and School 2. Revote to extend Earth Removal Permit #14 – P. J. Keating Company- until March 5, 2019 3. Memo from Land Use Director Re: Adding 6th ballot question to the May 2019 Annual Town Election on prohibition of marijuana researchers; vote may be taken 4. Vote to extend closing of the Annual Town Meeting warrant until March 25th at 4 pm 5. Discussion on holding the Annual Town Meeting over two days and discussion on articles for the Annual Town Meeting, including: a. Article to convey the old Primary building; b. Article to convey the Brooks building; c. Article for architectural and engineering services for TC Passios as Municipal-School Central Offices-Community Building ===PAGE 2=== d. Article to accept MGL c. 64N,§ 3 to impose an excise on the retail sales of marijuana for adult use 6. Discussion regarding request from Senator Tran re: Prioritization of Fiscal Priorities in FY20 7. Minutes/ Warrants/ Action File Issues 8. Committee Reports 9. Department Reports VIII. OLD BUSINESS 1. Payment In Lieu of Taxes Agreement with Settler’s Solar, LLC for Personal Property at 994 Northfield Road; Vote to be taken IX. UPCOMING MEETING/EVENTS SCHEDULE March 5, 12, 19, 2019 X. PUBLIC COMMENT  PUBLIC  BOARD XI. ADJOURN