# zoning-board-of-appeals — 35 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 : 2014-01-08-agenda-5944.txt BOARD : zoning-board-of-appeals DATE : 2014-01-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-01-08-agenda-5944.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01082014-5944 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, January 8, 2014 at 7:30 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Robert M. & Kathleen R. Herrick, 75 Boucher Road, Lunenburg, MA. The property which is the subject of this case is located at 41 Country Road, Lunenburg, MA 01462. The petitioners are seeking a Special Permit for a dimensional variation for lot frontage to create a buildable lot. The subject property is lo cated at 41 Country Road, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Section 8.3.2.1.b)a. If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies o f the application may be viewed in the Town Clerk’s office or the Zoning Board office during normal business hours. Donald F. Bowen, Chairman Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-01-08-agenda-5945.txt BOARD : zoning-board-of-appeals DATE : 2014-01-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-01-08-agenda-5945.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01082014-5945 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, January 8, 2014 at 7:00 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Joseph M. & Amanda M. Levine, 163 Island Road Trust, 163 Island Road, Lun enburg, MA. The property which is the subject of this case is located at 163 Island Road, Lunenburg, MA 01462. The petitioners are seeking a Special Permit for a dimensional variation for height and for setback purposes to remove an existing dwelling and construct a new dwelling and add a second floor to the existing garage. The subject p roperty is located at 163 Island Road, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Sections 5.3.1.2 and 5.2.7.1. If you wish to appear in supp ort for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies of the application may be viewed in the Town Clerk’s office or the Zoning Boa rd office during normal business hours. Donald F. Bowen, Chairman December 13, 2013 December 20, 2013 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-01-08-agenda-5946.txt BOARD : zoning-board-of-appeals DATE : 2014-01-08 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-01-08-agenda-5946.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01082014-5946 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING CONTINUANCE Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, January 8, 2014 at 6:30 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition of Zachary M. & Nicole D. Cutting, 337 Page Street, Lunenburg, MA. The property which is the subject of this case is located at 337 Page Street, Lunenburg, MA 01462. The petitioners are seeking a Special Permit for a dimensional variation to install a 100 kilowatt ground mount solar photovoltaic system in the rear of the property located at 337 Page Street, Lunenburg, MA. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Section 4.15.2 and 4.15.4.2. If you wish to appear in supp ort for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies of the application may be viewed in the Town Clerk’s office or the Zoning Boa rd office during normal business hours. Donald F. Bowen, Chairman November 22, 2013 November 29, 2013 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-01-22-agenda-5947.txt BOARD : zoning-board-of-appeals DATE : 2014-01-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-01-22-agenda-5947.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01222014-5947 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, January 22, 2014 at 6:00 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Jill Normandin and David Hemstreet, 12 Estabrook Park Road, Westminster, MA 01473. The property, which is the subject of this case, is located at 36 Kimball Street, Lunenburg, MA 01462. The petitioners are seeking a Special Permit to rem ove the existing dwelling and construct new home on the existing footprint. The s ubject property is located at 36 Kimball Street, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Section 7.2.1.2. If you wish to appear in support for or i n opposition to the petition, you may do so in person, by agent or by attorney. Copies of t he application may be viewed in the Town Clerk’s office or the Zoning Board office during normal business hours. Donald F. Bowen, Chairman January 10, 2014 January 17, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-01-22-agenda-5948.txt BOARD : zoning-board-of-appeals DATE : 2014-01-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-01-22-agenda-5948.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01222014-5948 ======================================================================================== ===PAGE 1=== Notice of Public Hearing Zoning Board of Appeals Continuance Notice is hereby given that the Zoning Board of App eals will hold a public hearing on January 22, 2014 at 7:00 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. Bilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Whalom Road, LLC, Gary B. Lorden, Manager, 69 Massachusetts Avenue, Lunenburg , MA 01462. The property, which is the subject of this case, is located at 250 Whalom Road, Lunenburg, MA 01462; know as Lunenburg Village, Assessors Map 91/382. The applicant is seeking to modify the existing Com prehensive Permit to increase the number of units to eighty (80) units which is an in crease of sixteen (16) units on 41 acres of land located at 250 Whalom Road, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Comprehensive Permit, 40B. If you wish to appear in support for or in oppositi on to the petition, you may do so in person, by agent or by attorney. Copies of the app lication may be inspected in the Town Clerk’s office or the Zoning Board office during no rmal business hours. Donald F. Bowen, Chairman Zoning Board of Appeals Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member David Blatt, Associate Member Paul Doherty, Associate Member Sheila Lumi, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-01-22-agenda-5949.txt BOARD : zoning-board-of-appeals DATE : 2014-01-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-01-22-agenda-5949.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_01222014-5949 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, January 22, 2014 at 6:30 P.M. at the Town Hall, Joseph F. Bilotta Meeting Room, 2nd Floor, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Belmont Crossroads, LLC, 1010 Pleasant Street, Belmont, MA 02478. The property, which is the subject of this case, is located at 271 Leominster-Shirley Road, Lunenburg, MA 01462, The petitioner is seeking a Special Permit to opera te an automotive repair shop open to the general public. The petitioner plans to contin ue the existing use currently at the property as a landscaping business with outdoor dis play of equipment and associated vehicles as approved by the Lunenburg Zoning Board of Appeals on September 22, 2010. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this appeal for Special Permit is found in the Lune nburg Protective By-law, Section 4.1.1.a)&b), and 4.6.3.1.d). If you wish to appear in support for or in oppositi on to the petition, you may do so in person, by agent or by attorney. Copies of the app lication may be viewed in the Town Clerk’s office or the Zoning Board office during regular business hours. Donald F. Bowen, Chairman January 10, 2014 January 17, 2014 ======================================================================================== DOCUMENT : 2014-02-12-agenda-5950.txt BOARD : zoning-board-of-appeals DATE : 2014-02-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-02-12-agenda-5950.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02122014-5950 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, February 12, 2014 at 7:00 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f David B. & Diane T. Misner, 49 Joslin Street, Lunenburg, MA. The property which is the subject of this case is located at 51 Joslin Street, Lunenburg, MA 01462. The petitioners are seeking a Special Permit for a dimensional variation for lot area and frontage for a previously grandfathered residential building lot. The lot contains 8211 square feet and has 85 feet of frontage. The Zoning Board of Appeals will consider authorizi ng the Special Permit for dimensional variation. The basis for this Appeal f or Special Permit is found in the Lunenburg Protective By-law, Section 8.3.2.1.b)a. If you wish to appear in support for or in opposition to the petition, you may do so in per son, by agent or by attorney. Copies of the application may be viewed in the Town Clerk’s o ffice or the Zoning Board office during normal business hours. Donald F. Bowen, Chairman Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-02-26-agenda-5951.txt BOARD : zoning-board-of-appeals DATE : 2014-02-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-02-26-agenda-5951.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_02262014-5951 ======================================================================================== ===PAGE 1=== Notice of Public Hearing Zoning Board of Appeals Continuance Notice is hereby given that the Zoning Board of App eals will hold a public hearing on February 26, 2014 at 7:00 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. Bilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Whalom Road, LLC, Gary B. Lorden, Manager, 69 Massachusetts Avenue, Lunenburg , MA 01462. The property, which is the subject of this case, is located at 250 Whalom Road, Lunenburg, MA 01462; know as Lunenburg Village, Assessors Map 91/382. The applicant is seeking to modify the existing Com prehensive Permit to increase the number of units to eighty (80) units which is an in crease of sixteen (16) units on 41 acres of land located at 250 Whalom Road, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Comprehensive Permit, 40B. If you wish to appear in support for or in oppositi on to the petition, you may do so in person, by agent or by attorney. Copies of the app lication may be inspected in the Town Clerk’s office or the Zoning Board office during no rmal business hours. Donald F. Bowen, Chairman Zoning Board of Appeals Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member David Blatt, Associate Member Paul Doherty, Associate Member Sheila Lumi, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-03-26-agenda-5952.txt BOARD : zoning-board-of-appeals DATE : 2014-03-26 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-03-26-agenda-5952.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_03262014-5952 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, March 26, 2014 at 7:30 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Michael Conway, 322 Flat Hill Road, Lunenburg, MA. The property which is the subject of this case is located at 322 Flat Hill Road, Lunenburg, MA 01462. The petitioner is seeking a Special Permit for a di mensional variation to install a 50 kilowatt ground mount solar photovoltaic system on property located at 322 Flat Hill Road, Lunenburg, MA. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Section 4.15.4.3 and 4.15.4.7. If you wish to appear in su pport for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies of the application may be viewed in the Town Clerk’s office or the Zoning Board office during normal business hours. Donald F. Bowen, Chairman March 7, 2014 March 14, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-03-26-minutes-5952.txt BOARD : zoning-board-of-appeals DATE : 2014-03-26 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-03-26-minutes-5952.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_03262014-5952 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== Town Cleak ZONING BOARD OF APPEALS MINUTES March 26, 2014 The Lunenburg Zoning Board of Appeals held a public hearing on Wednesday, March 26, 2014 at 7:30 PM. The hearing was held at the Lunenburg Town Hall, 2nd Floor Conference Room, 17 Main Street, Lunenburg, MA. The petitioner Michael Conway, 322 Flat Hill Road, Lunenburg, MA 01462 was before the Board for a Special Permit for dimensional variation to install a ground-mount solar system on a property that does not meet the lot size dimension, dimentional setbacks and for the size of the system which will be 50KW AC. Board Members present: Donald F. Bowen, Chairman, Raymond Beal, Alfred Gravelle, James Besarkarski, Hans Wentrup, David Blatt and Paul Doherty. Others Present: Mathew Allison and Eric & Sheila Holt were in attendance. 7:00 PM The public hearing was opened and Chairman Donald Bowen introduced the Board members and explained the hearing procedure to the audience. Lisa Normandin read the petition into the public record. DISCUSSION Mr. Conway was before the Board to request a Special Permit for dimensional variation for a proposed 50 KW AC ground mount solar installation in his back yard. The Lunenburg Protective Zoning by-law requires twenty acres of land and has a limit of 10 KW in the residential zoning district. Mr. Conway is proposing a 50KW system on a parcel that contains thirteen acres, and would require offsets to two property lines. This system would be located over 500 feet from the front property line and that most visual sightlines are blocked by his home, barn, septic area and seasonal vegetation. According to the submitted documentation the system design is in compliance with the National Electric Code, Section 690 and the MA Department of Energy Resources and EPA concludes that PV systems illustrate no evidence of devaluation of homes in the area; Mr. Conway felt that the installation will have no effect on neighboring residents. ===PAGE 2=== In addition he believes that the PV (photo voltaic) site is located on an adequately sized parcel, completely non-intrusive to abutting residents and appropriately sized. Mr. Conway felt the site is a good fit and will be a benefit to the community. Matthew Allison, 305 Flat Hill Road, is an abutter and proponent to the project and added that they are good neighbors. Eric Holt, 49 Cortland Circle an abutter, spoke in favor of the application. Raymond Beal wanted the application modified to include section 8.3.2.1 section 4, varying dimensional requirements; he added that references on the application recite the requirements for Planning Board approval. Mr. Beal indicated that he had spoken with that id sece opens lan med that the rei crate a gae fo to the Planing Board approval must be obtained. Mr. Beal said that Town should address this loophole in the by-law that places an applicant in front of two town boards. The members agreed that moving forward we hopefully can change the deficiency in the by-law by amending it at a future Town meeting. Donald Bowen asked the applicant to explain the motivation and incentive structure for the solar field. Michael Conway replied that where the market is at with the price of the system it would be difficult to get a system built without the incentive structure. He replied that it is not appropriate to equate a system the size of what he is proposing to the other ones (Commercial size) that are on the megawatt scale. Donald Bowen asked if the motivation to do this is for financial support or grant from the government? Michael Conway indicated it is more of an investment than it is a get rich quick scheme, he defined it as "more of a slow burn". Donald Bowen asked what happens when you generate the power and how an individual does obtain the extra power; he asked "Do I buy from you in a dollar or paper transaction or as a physical electrical transaction credit". Michael Conway replied that there is a dividing line between what physically happens with the electricity and the way the electricity credits are allocated. Mr. Bowen asked "can I go on line with my power company and buy power at a discounted price?" Mr. Bowen was trying to get an understanding of the process from the applicant in order to understand what the Board is dealing with. Michael Conway replied that the agreement is between the power producer who generates the credit and the purchaser (the person who wanted to off take the power) who buys the credits, so if we entered into an agreement you would see credits from your energy provider and deductions at the end also showing the credits in parenthesis that indicates the savings that was passed on to the consumer. Paul Doherty asked if there is a transmission fee to get the power from one house to another house. Michael Conway indicated that there is an incentive structure and a system designed known as virtual net metering, the power goes thru your house and the extra is allocated to whomever you chose. Paul Doherty asked Mr. Conway how many kW would you personally use and he replied about three kW. Mr. Conway explained that another way is to set up a new meter and not go through your house, however, you can 2 ===PAGE 3=== virtually allocate it the same way. Mr. Doherty asked then what the benefit to you is because apparently you will have all of the extra KW so why not putting in a smaller system. Mr. Conway replied that the benefit is to everyone who is part of the agreement. Paul Doherty asked if Mr. Conway was going to pay for capital costs out of the additional power generated from the system and would it be free after a period of time? Mr. Conway replied that there is a period to pay for the system and then it is free and generating income. Paul Doherty contends that the proposed system is visible from the road between the garage and house as you drive by the property. Donald Bowen asked if the only issue in front of the Board is regarding the lack of the acreage requirement. Michael Conway indicated that there is also a request for dimensional relief regarding the setback requirement. Paul Doherty the applicant why he chose a 50 KW system. Mr. Conway said that he selected a size that fit his property well but not take up the whole yard; he added that the system works well with Unitil's existing equipment in the area. Alfred Gravelle is not concerned with the financial incentive; he is specifically concerned with the dimensional aspects of the request and asked Mr. Conway to explain. Michael Conway explained the footprint: the (modules/panels) are in the back of the yard, seventy-six (76) feet from one side to another, four hundred eighty- five (485) feet back from Flat Hill Road, twenty five feet from the north side. The highest point is nine feet. He added that the only line of sight is between house and barn from the street, and when the trees have growth on them, they wouldn't be seen at all. Ray Beal said that after speaking with the Building Commissioner, Michael Sauvageau, his recommendation was that the applicants go before the Zoning Board for three things, lot size, setback and size of system/unit. If the ZBA approved the proposal it then moves forward to the Planning Board. Alfred Gravelle agreed with Mr. Beal's assessment. David Blatt said that the size of the system is requiring Mr. Conway to come before the Zoning Board and feels that it is clearly a deficiency in the bylaw. Hans Wentrup said that he visited the property and felt Mr. Conway clearly has enough space to put the system where it is proposed and from a neighbor's perspective, there was no one present in opposition to the project. Mr. Wentrup does not see a problem with it and thinks that the Board needs to weigh pros and cons. This by-law was put in place for large scale commercial solar farms. David Blatt asked how much area this would encompass. Mr. Conway indicated about on quarter of an acre (¼). He doesn't want to cut any trees if possible which is why he located it in this area: the property is a narrow long lot. Donald Bowen asked the applicant if there any time constraints. Michael Conway said that he is not seeking grant money; the project would be privately funded. He did however want to move forward in a timely fashion. Alfred Gravelle made a motion to grant the Special Permit for Dimensional Variation as requested to allow the ground mount py system be located on a parcel that contains thirteen acres and two setback variations required on the north and south sides of the property as shown on the submitted plan. This Special Permit for Dimension variation is granted conditionally that the applicant complete a Development Plan Review with the Lunenburg Planning Board. 3 ===PAGE 4=== A motion was made by Alfred Gravelle to grant the request based on the finding that it would not be more substantially detrimental to the neighborhood and specifically Section suBsequenty on fil wil be Zoning Boardo Ape i Raymond Bead second and motion. The findings of the decision were as follows: a. The specific site is an appropriate location for such building or alteration. b. The proposed building or alteration is compatible with the existing neighborhood with regard to size, location and architecture. c. The granting of the special permit for dimensional variation will not adversely affect the neighborhood. d. The granting of the special permit for dimensional variation will not unreasonably diminish the available light, air, sunlight and other amenities: and there will be no nuisance or serious hazard to vehicles or pedestrians as outlined in Section e. The Board also determined that relief is granted per the large scale ground mount PV by-law. The members that voted in favor were Donald Bowen, Raymond Beal, Alfred Gravelle and James Besarkarski. Paul Doherty voted to deny the request. Hearing Adjourned at 8:36 P.M. DVD available for a fee upon request. Minutes submitted by Lisa A. Normandin, Board Secretary 1 Dover 4/8/2014 Chairman of the Board ======================================================================================== DOCUMENT : 2014-04-05-agenda-5953.txt BOARD : zoning-board-of-appeals DATE : 2014-04-05 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-04-05-agenda-5953.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04052014-5953 ======================================================================================== ===PAGE 1=== Notice of Public Hearing Zoning Board of Appeals Site Walk Notice is hereby given that the Lunenburg Zoning Bo ard of Appeals members will hold a site walk on Saturday, April 5, 2014 at 10:00 A.M. at Turnpike Village, 74 Turnpike Road, Townsend, MA 01469. The property is owned b y Turnpike Village LLC and owned by 69 Massachusetts Avenue, Lunenburg, MA 01462. Donald F. Bowen, Chairman Zoning Board of Appeals Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member David Blatt, Associate Member Paul Doherty, Associate Member Sheila Lumi, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-04-09-agenda-5920.txt BOARD : zoning-board-of-appeals DATE : 2014-04-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-04-09-agenda-5920.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04092014-5920 ======================================================================================== ===PAGE 1=== Notice of Public Hearing Zoning Board of Appeals CONTINUANCE Notice is hereby given that the Zoning Board of App eals will hold a public hearing on April 9, 2014 at 7:00 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. B ilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Whalom Road, LLC, Gary B. Lorden, Manager, 69 Massachusetts Avenue, Lunenburg , MA 01462. The property, which is the subject of this case, is located at 250 Whalom Road, Lunenburg, MA 01462; know as Lunenburg Village, Assessors Map 91/382. The applicant is seeking to modify the existing Com prehensive Permit to increase the number of units to eighty (80) units which is an in crease of sixteen (16) units on 41 acres of land located at 250 Whalom Road, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Comprehensive Permit, 40B. If you wish to appear in support for or in oppositi on to the petition, you may do so in person, by agent or by attorney. Copies of the app lication may be inspected in the Town Clerk’s office or the Zoning Board office during no rmal business hours. Donald F. Bowen, Chairman Zoning Board of Appeals Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member David Blatt, Associate Member Paul Doherty, Associate Member Sheila Lumi, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-04-23-agenda-5921.txt BOARD : zoning-board-of-appeals DATE : 2014-04-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-04-23-agenda-5921.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04232014-5921 ======================================================================================== ===PAGE 1=== Zoning Board of Appeals LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, April 23, 2014 at 7:00 p.m. at the Town Hall, Joseph F. Bilotta Meeting Room, 2nd Floor, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Francis Dower, 0 Massachusetts Avenue, Lunenburg, MA 01462. The property, which is the subject of this case, is located at 10 Massachusetts Avenue, Lunenburg, MA 01462. The petitioners are seeking a Special Permit to uti lize the property at 19 Massachusetts Avenue for the sale and service of motorcycles and recreational vehicles and the outdoor display of products for sale. Also seeking Special Permit approval to increase the signage allotment. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for a Special Permit is found in the Lu nenburg Protective By-law, Section 4.6.2.1.b), 4.6.3.1.d) and 6.5. If you wish to app ear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies of the application may be viewed in the Town Clerk’s office or the Zoning Board office during regular business hours. Donald F. Bowen, Chairman August 24, 2007 August 31, 2007 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-04-23-agenda-5922.txt BOARD : zoning-board-of-appeals DATE : 2014-04-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-04-23-agenda-5922.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04232014-5922 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, April 23, 2014 at 7:30 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Nathan DiPerri, David & Sandra A. DiPerri, 115 Fairview Road, Lunenburg, MA . The property, which is the subject of this case, is located at 115 Fairview Road, Lunenburg, MA 01462 and owned by David & Sandra A. DiPerri. The petitioners are seeking a Special Permit for di mensional variation of 1.46 feet for an existing accessory structure (barn) in order to create a new building lot known as Lot 1-B, Fairview Road. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Section 5.2.5.1.b)1. If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies o f the application may be viewed in the Town Clerk’s office or the Zoning Board office during normal business hours. Donald F. Bowen, Chairman April 3, 2014 April 10, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-04-23-agenda-5923.txt BOARD : zoning-board-of-appeals DATE : 2014-04-23 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-04-23-agenda-5923.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_04232014-5923 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, April 23, 2014 at 8:00 P.M. at the Town Hall, 2nd Floor, Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Jon P. Cleveland, 30 Mountain Avenue, Fitchburg, MA 01420. The property, which is the subject of this case, is located at 396 Hollis Road, Lunenburg, MA 01462. The petitioners are seeking a Special Permit to rem ove the existing dwelling and a finding that the proposed single family home will not be substantially more detrimental to the neighborhood. The parcel contains .42 acres. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Section 7.2.1.2. If you wish to appear in support for or i n opposition to the petition, you may do so in person, by agent or by attorney. Copies of t he application may be viewed in the Town Clerk’s office or the Zoning Board office during normal business hours. Donald F. Bowen, Chairman April 3, 2014 April 10, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-05-28-agenda-5924.txt BOARD : zoning-board-of-appeals DATE : 2014-05-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-05-28-agenda-5924.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05282014-5924 ======================================================================================== ===PAGE 1=== Zoning Board of Appeals Ritter Memorial Building Donald F. Bowen, Chairman 960 Massachusetts Avenue 978-582-4146 Lunenburg, MA 01462 LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, May 28, 2014 at 6:30 p.m. at the Town Hall, Joseph F. Bilotta Meeting Room, 2nd Floor, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Mark LaPrade, 5 Summer Street, Lunenburg, MA 01462, dba Prime Time Pub. The property, which is the subject of this case, is located at 5 Summer Street, Lunenburg, MA 01462. The petitioner is seeking a Special Permit to have an outdoor seating area and to hold weekly car shows in the summer months. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for a Special Permit is found in the Lu nenburg Protective By-law, Section 4.6.2.1.j. If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies of t he application may be viewed in the Town Clerk’s office or the Zoning Board office during regular business hours. Donald F. Bowen, Chairman ======================================================================================== DOCUMENT : 2014-05-28-agenda-5925.txt BOARD : zoning-board-of-appeals DATE : 2014-05-28 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-05-28-agenda-5925.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_05282014-5925 ======================================================================================== ===PAGE 1=== Notice of Public Hearing Zoning Board of Appeals CONTINUANCE Notice is hereby given that the Zoning Board of App eals will hold a public hearing on May 28, 2014 at 7:00 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. B ilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Whalom Road, LLC, Gary B. Lorden, Manager, 69 Massachusetts Avenue, Lunenburg , MA 01462. The property, which is the subject of this case, is located at 250 Whalom Road, Lunenburg, MA 01462; know as Lunenburg Village, Assessors Map 91/382. The applicant is seeking to modify the existing Com prehensive Permit to increase the number of units to 120 by constructing five apa rtment buildings on 41 acres of land located at 250 Whalom Road, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Comprehensive Permit, 40B. If you wish to appear in support for or in oppositi on to the petition, you may do so in person, by agent or by attorney. Copies of the app lication may be inspected in the Town Clerk’s office or the Zoning Board office during no rmal business hours. Donald F. Bowen, Chairman Zoning Board of Appeals Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member David Blatt, Associate Member Paul Doherty, Associate Member Sheila Lumi, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-06-11-agenda-5926.txt BOARD : zoning-board-of-appeals DATE : 2014-06-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-06-11-agenda-5926.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06112014-5926 ======================================================================================== ===PAGE 1=== \ Zoning Board of Appeals Ritter Memorial Building Donald F. Bowen, Chairman 960 Massachusetts Avenue 978-582-4146 Lunenburg, MA 01462 LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING CONTINUANCE Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, June 11, 2014 at 8:30 p.m. at the Town Hall, Joseph F. Bilotta Meeting Room, 2nd Floor, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Mark LaPrade, 5 Summer Street, Lunenburg, MA 01462, dba Prime Time Pub. The property, which is the subject of this case, is located at 5 Summer Street, Lunenburg, MA 01462. The petitioner is seeking a Special Permit to have an outdoor seating area and to hold weekly car shows in the summer months. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for a Special Permit is found in the Lu nenburg Protective By-law, Section 4.6.2.1.j. If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies of t he application may be viewed in the Town Clerk’s office or the Zoning Board office during regular business hours. Donald F. Bowen, Chairman ======================================================================================== DOCUMENT : 2014-06-11-agenda-5927.txt BOARD : zoning-board-of-appeals DATE : 2014-06-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-06-11-agenda-5927.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06112014-5927 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, June 11, 2014 at 7:00 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Jeanine M. Therrien, 43 The Clearing, Lunenburg, MA 01462. The property, which is the subject of this case, is located at 43 The Clearing, Lunenburg, MA 01462. The petitioner is seeking a Special Permit for dime nsional variation for the construction of a two car (24x24) garage. The Special Permit for dimensional variation of twelve feet is required for the rear setback. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Section 8.3.2.1.b)4. If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies o f the application may be viewed in the Town Clerk’s office or the Zoning Board office during normal business hours. Donald F. Bowen, Chairman May 22, 2014 May 29, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-06-11-agenda-5928.txt BOARD : zoning-board-of-appeals DATE : 2014-06-11 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-06-11-agenda-5928.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06112014-5928 ======================================================================================== ===PAGE 1=== Zoning Board of Appeals LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, June 11, 2014 at 7:30 P.M. at the Town Hall, Joseph F. Bilotta Meeting Room, 2nd Floor, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition of Joshua B. Brianas, 230 Great Road Shirley, MA 01464. The property, which is the subject of this case, i s located at 1259 Massachusetts Avenue, Lunenburg, MA 01462 and owned by Duane A. Glow. The petitioner is seeking a Special Permit and Spec ial Permit for Dimensional Variation to allow for a contractors plant including a prefab ricated garage building 36 x72 for the purpose of conducting a landscaping business on the property and to retain the existing office building for rental for professorial office purposes. Various special permits are requested. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Sections 4.6.3.1.j), 4.1.1. (a), 4.6.2.1. (b) and 7.4.1. If you wish to appear in support for or in opposition to the petition, you may do so in person , by agent or by attorney. Copies of the application may be viewed in the Town Clerk’s o ffice or the Zoning Board office during regular business hours. Donald F. Bowen, Chairman May 22, 2014 May 29, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-06-25-agenda-5929.txt BOARD : zoning-board-of-appeals DATE : 2014-06-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-06-25-agenda-5929.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06252014-5929 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, June 25, 2014 at 6:30 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f John A. & Jane S. Boyle, 5 Crocker Avenue Lunenburg, MA 01462. The property which is the subject of this case is located at 5 Crocker Avenue, Lunenburg, MA 01462. The petitioners are seeking a Special Permit for di mensional variation for the construction of a deck (12x28). The Special Permit for dimensional variation of seven feet is required for the rear setback. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Section 8.3.2.1.b)2. If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies o f the application may be viewed in the Town Clerk’s office or the Zoning Board office during normal business hours. Donald F. Bowen, Chairman June 6, 2014 June 13, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-06-25-agenda-5930.txt BOARD : zoning-board-of-appeals DATE : 2014-06-25 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-06-25-agenda-5930.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_06252014-5930 ======================================================================================== ===PAGE 1=== Notice of Public Hearing Zoning Board of Appeals CONTINUANCE Notice is hereby given that the Zoning Board of App eals will hold a public hearing on June 25, 2014 at 7:00 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. B ilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Whalom Road, LLC, Gary B. Lorden, Manager, 69 Massachusetts Avenue, Lunenburg , MA 01462. The property, which is the subject of this case, is located at 250 Whalom Road, Lunenburg, MA 01462; know as Lunenburg Village, Assessors Map 91/382. The applicant is seeking to modify the existing Com prehensive Permit to increase the number of units to 120 by constructing five apa rtment buildings on 41 acres of land located at 250 Whalom Road, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Comprehensive Permit, 40B. If you wish to appear in support for or in oppositi on to the petition, you may do so in person, by agent or by attorney. Copies of the app lication may be inspected in the Town Clerk’s office or the Zoning Board office during no rmal business hours. Donald F. Bowen, Chairman Zoning Board of Appeals Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member David Blatt, Associate Member Paul Doherty, Associate Member Sheila Lumi, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-07-09-agenda-5931.txt BOARD : zoning-board-of-appeals DATE : 2014-07-09 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-07-09-agenda-5931.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_07092014-5931 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2014-08-13-agenda-5932.txt BOARD : zoning-board-of-appeals DATE : 2014-08-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-08-13-agenda-5932.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08132014-5932 ======================================================================================== ===PAGE 1=== AGENDA August 13, 2014 7:00 P.M. Public Hearing • Daniel & Rene Trakimas, 520 Page Street Seeking a Special Permit for dimensional variation to construct a 25x34 pole shed on their property. The property located at 520 Page Street, Lunenburg, MA. 7:30 P.M. Public Hearing • Kenneth J. Ricker & Joshua Hillman, dba Embers Pizzeria, 84 Lakefront Avenue. Seeking a Special permit to or a 20x30 outdoor dining area. The property is located at 84 Lakefront Avenue, Lunenburg, MA. Executive Session: In accordance with M.G.L. c.30 A, S21(a) 3. To discuss strategy with respect to litigation of Hollis Hills, LLC vs. Town of Lunenburg if an open meeting may have a detrimental effect on the litigating position of the public body and the chair so declares. Donald F. Bowen Chairman Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 978-582-4146 978-582-4353 fax Town of Lunenburg Zoning Board of Appeals ======================================================================================== DOCUMENT : 2014-08-13-agenda-5933.txt BOARD : zoning-board-of-appeals DATE : 2014-08-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-08-13-agenda-5933.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08132014-5933 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, August 13, 2014 at 7:30 P.M. at the Town Hall, 2nd Floor Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Kenneth J. Ricker & Joshua Hillman, d/b/a Embers Pizzeria, 84 Lakefront Avenue , Lunenburg, MA 01462. The property which is the subject of this case is locat ed at 84 Lakefront Avenue, Lunenburg, MA 01462. The petitioners are seeking a Special Permit for an outdoor dining area 20x30 that will be enclosed by a retaining wall as detailed on the sub mitted plan. The Zoning Board of Appeals will consider authorizing the Special Permi t. The basis for this Appeal for Special Permit is found in Lunenburg Protective By-law Section 4.6.3.1.j). If you wish to appear in support for or in opposition to the petit ion, you may do so in person, by agent or by attorney. Copies of the petition are availab le for viewing in the Town Clerk’s office during regular business hours. Donald F. Bowen, Chairman July 25, 2014 August 1, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-08-13-agenda-5934.txt BOARD : zoning-board-of-appeals DATE : 2014-08-13 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-08-13-agenda-5934.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08132014-5934 ======================================================================================== ===PAGE 1=== LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, August 13, 2014 at 7:00 P.M. at the Town Hall, 2nd Floor Joseph F. Bilotta Conference Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Daniel R. & Renee T. Trakimas, 520 Page Street, Lunenburg, MA. The property, which is the subject of this case, is located at 520 Page Street, Lunenburg, MA 01462. The petitioners are seeking a Special Permit for di mensional variation to construct a 25x34 pole shed on their property. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Section 8.3.2.1.b)4. If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies o f the application may be viewed in the Town Clerk’s office or the Zoning Board office during normal business hours. Donald F. Bowen, Chairman July 25, 2014 August 13, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4148 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-08-27-agenda-5935.txt BOARD : zoning-board-of-appeals DATE : 2014-08-27 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-08-27-agenda-5935.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_08272014-5935 ======================================================================================== ===PAGE 1=== Notice of Public Hearing Zoning Board of Appeals CONTINUANCE Notice is hereby given that the Zoning Board of App eals will hold a public hearing on August 27, 2014 at 7:00 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. B ilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Whalom Road, LLC, Gary B. Lorden, Manager, 69 Massachusetts Avenue, Lunenburg , MA 01462. The property, which is the subject of this case, is located at 250 Whalom Road, Lunenburg, MA 01462; know as Whalom Luxury Apartments, Assessors Map 91/382. The applicant is seeking to modify the existing Com prehensive Permit to increase the number of units to 120 by constructing five apa rtment buildings on 41 acres of land located at 250 Whalom Road, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Comprehensive Permit, 40B. If you wish to appear in support for or in oppositi on to the petition, you may do so in person, by agent or by attorney. Copies of the app lication may be inspected in the Town Clerk’s office or the Zoning Board office during no rmal business hours. Donald F. Bowen, Chairman Zoning Board of Appeals Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member David Blatt, Associate Member Paul Doherty, Associate Member Sheila Lumi, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-09-10-agenda-5936.txt BOARD : zoning-board-of-appeals DATE : 2014-09-10 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-09-10-agenda-5936.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09102014-5936 ======================================================================================== ===PAGE 1=== Zoning Board of Appeals LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, September 10, 2014 at 7:00 P.M. at the Town Hall, Joseph F. Bilotta Meeting Room, 2nd Floor, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Gary Archer, 70 Main Street, Ayer, MA, 01432. The property, which is the subject of this case, i s located at 790 Massachusetts Avenue, Lunenburg, MA 01462 and admi nistered by Marcia K. Luoma, Personal representative for the Estate of Edward H. Riley The petitioner is seeking a Special Permit for the construction and use of the site for a gasoline service station and convenience store with a drive thru window. This request includes an increase in signage for this specific zoning district. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Sections 4.6.3.1.d), 4.5.3.1.a), 6.5.1.4.a). If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies of the application may be viewed in the Town Clerk’s office or the Zon ing Board office during regular business hours. Donald F. Bowen, Chairman August 15, 2014 August 22, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-09-10-minutes-5936.txt BOARD : zoning-board-of-appeals DATE : 2014-09-10 KIND : minutes OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-09-10-minutes-5936.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_09102014-5936 ======================================================================================== ===OCR macOS Vision=== ===PAGE 1=== UNENBURC ZONING BOARD OF APPEALS MINUTES September 30, 2014 The Lunenburg Zoning Board of Appeals held a public hearing on Wednesday, September 10, 2014 at 7:00 PM. The hearing was held at the Lunenburg Town Hall, 2nd Floor Conference Room, 17 Main Street, Lunenburg, MA. The petitioner Gary Archer, 70 Main Street, Ayer, MA 01432 was seeking a special permit to construct a gasoline service station with convenience store, drive thru and car wash. He also requested an increase of the sign sizes for the proposed site. The property is owned by Marcia K. Luoma, personal representative for the estate of Edward Riley and the property is located at 790 Massachusetts Avenue, Lunenburg, MA 01462 Board Members present: Donald F. Bowen, Chairman, Hans Wentrup, Alfred Gravelle, David Blatt, Sheila Lumi and Paul Doherty. Others Present: Attorney Robert Cirillo, 73 Sawyer Street, So. Lancaster, MA, Gary Archer, 70 Main Street, Ayer, MA and many members of the general public were in attendance. 7:00 PM The public hearing was opened and Chairman Donald Bowen introduced the Board members and explained the hearing procedure to the audience. Alfred Gravelle read the petition into the public record as well as a petition that was submitted with 71 signatures, all signees were in opposition to the project. Mr. Gravelle summarized several letters that were submitted to the Board prior to the meeting. The letters were received from Louise Boyle, 29 Riley Road, Wendy Blatt, 44 Riley Road, George & Lois Donahue, 71 Riley Road, Mary Ann annacci, 6 Riley Road, Donald Gurney, 37 Riley Road, Thomas & Ellen McDermott, 12 Riley Road and Margaret Aziz, 54 Riley Road. The content of the submitted letters were all in opposition to the petition. Attorney Robert Cirillo served as counsel for the applicant. He summarized the submitted petition and provided a brief history of the property. The site was a former liquor store since 1947 and a redemption center was added in the 80's, the property is zoned commercial and the only request before the Board was for the use as a gas station, a drive thru and a sign. The convenience store would be allowed as a matter of right and would conform to the by-law. The proposed building is smaller than what is allowed in 1 ===PAGE 2=== the zoning district and they (the Petitioner) did not feel that it would have a detrimental impact and pointed out several businesses currently in the area, i.e., funeral home, day care center, church which also have many cars in and out other businesses. The proposed convenience store/gas station would be significantly smaller than the new Cumberland Farms that is located in Kings Corner in Leominster. There are 5 proposed gas islands and the Leominster site has ten. Attorney Cirillo maintains that the Riley's have tried to sell the property for many years and the property is deteriorating and currently has no positive impact, they would like to see a productive use in a properly zoned area, add tax revenue to the Town, provide income and add a service to the community. The Riley heirs were present at the meeting and have given the approval for Mr. Archer to come before the Board to seek the special permit. Donald Bowen addressed the line of sight issues he observed with regard to exiting the Stone Farm estates property looking to the left, he thought it was a difficult area to get out of but partially because of a stone wall erected at the development. MHF Engineering conducted the preliminary site plans and their engineer Huseyin Sevincgil was present to go over the plans. Mr. Sevincgil said that the site currently meets minimum site requirements with regard to safety and they will meet with the State for representing Greenman Pedersen, Inc. and said that their firm was preparing the traffic study, the data has been collected and needs to be finalized. She said the sight distances are based on speed measurements. Mr. Bowen pointed out that the Board must satisfy four criteria in order to grant a special permit and the most important is that it will not have a material adverse effect on land and buildings in the neighborhood. Alfred Gravelle added that if there is no traffic study the Board cannot grant a permit. Attorney Cirillo said it will be provided and the Board can defer granting until that time and the applicants were interested in the public comments. David Blatt had several questions regarding the site with regard to the drive thru, the radius of 12 feet around the building. Mr. Sevincgil said that the site was designed as per industry standards. Mr. Blatt felt like the pumps were too close to the parking area and was uncomfortable that customers can enter and exit from two driveways. He also had concerns with drainage for the proposed car wash and the loading and unloading of product, gas etc. for the site. Mr. Sevincgil said that the loading of products is typically done in the morning. The engineer explained that the Planning Board would dictate the site plan details as well as the Conservation Commission with regard to drainage; they will conform to the by-law in all areas required. Attorney Cirillo said that Gary Archer is a local individual living in Ayer, MA. He currently has been in business for over twenty years and has two facilities one in Littleton and one in Ayer. He owns the buildings and does not rent and he is active in the business and takes a lot of pride in the appearance, Mr. Archer wants to be a good neighbor and an 2 ===PAGE 3=== asset in the business community. He indicated that the site plan, traffic study and lighting plan will be done in conjunction with the Planning Board so that no abutters will be impacted. Several trees in excess of 50 feet high are located between the site and Stone Farm Condominiums; the site will not have a negative or visual impact. The closet condo is over 600 feet away. He wants to be compliant with zoning and not a detriment, as the use is allowed and compatible with current zoning. Huseyin Sevinegil of MHF engineering gave an overview of the site plan. The business as proposed is completely in the commercial district surrounded by businesses. It will be meet DOT guidelines and the firm is meeting with the Conservation Commission next week. He showed an acrial view of the property and the closest structure is 400 feet away at 810 Massachusetts Avenue, the building will have a colonial look and be aesthetically pleasing and comparable to the neighborhood. Paul Doherty asked the engineer it if would have an emergency generator, Mr. Sevingil indicated that it would up to the owner. Alfred Gravelle asked if the traffic study was complete. Attorney Cirillo indicated that it was not. Mr. Gravelle felt that the gas station would increase traffic and could not determine if it would be detrimental until the study was received. Attorney Cirillo said that the study would include convenience/gas peak hours with regard to trip generation. Dave Blatt asked what the guard rail and gate system was in the rear of the building and was told that it would be the air conditioning and HVAC condensers. Paul Doherty Wanted to know what the proposed underground 1000 gallon propane tank was for and was told it would be to heat the building. Chairman Bowen said that the traffic study was critical in the decision making process and would be needed by the Planning Board as well for site development. All board members were in agreement. Gary Archer of Ayer, MA the applicant approached the Board. He indicated that he has been involved in the family business for twenty years and it has been a family business for 48 years. He is involved in the community and cares about the Town and appearance of his properties. He is a member of the Nashoba Valley Chamber of Commerce and involved in local sports and church. He wants to be a good neighbor and an asset and is willing to provide a colonial look and a building that is both energy efficient with proper lighting. He wants to be a good neighbor and wants the community to come to his store and earn the their respect. He indicated that the car wash would be a phase two proposal and is not planning on doing that right away. Alfred Gravelle asked if he proposed a 24/7 facility and he indicated that he was. Mr. Archer said he recently remodeled his Littleton facility and in both Towns (Ayer & Littleton) he is very approachable and wants to be both a friend and neighbor. Chairman Bowen opened the meeting for public comment. ===PAGE 4=== David Rodgers, 82 Highland Street said he has been in Town for 42 years and was curious as to what the plan was for the property located to the left? He said he has known the Archer family from growing up in nearby Groton and he also praised the Riley family and said they were a good family of hard workers; however he didn't feel he could support the endeavor. He doesn't feel that it conforms to the four criteria needed to grant the Special Permit and doesn't feel that the projet is fitting with the character and quaintness of the New England quality of life. He felt the biggest issue was the line of site and not an asset in the best interest of the community. David King, 40 Riley Road felt the plan does not conform to the area and the other gas stations don't compare to this proposed area. The Conrad's seafood bar across the street is only a summertime use and the other local businesses have limited hours and he does not feel that a gas station/convenience store 24/7 is appropriate. Robert Ebersole, 94 Main Street has no problem with Mr. Archer or the Riley family; he feels it will change the character of the Town. He said that even though there will be a colonial component it's still a gas station in an inappropriate location. He felt the liquor store had much less traffic than a gas station. Russell Poirier, 724 Massachusetts Avenue said that he is part of the Riley family and the previous mixed use (liquor store and home) created no safety concerns. He would like to see that use at the property again, not a proposed gas/convenience store. Donald Gurney-37 Riley Road compared the proposal to the Kings Corner complex in Leominster only larger with a drive thru and car wash. He felt it was not in keeping with the proposed (Town Meeting 5/2015Village District by-law). He felt that there were public safety issues, poor sightlines and environmental issues with regard to gray water, chemicals, salt and gas stills on the aprons of the gas pumps. Tom Alonzo-284 Lancaster Avenue said that this use cannot be granted as a matter of right as Attorney Cirillo stated, and that the Zoning Board had discretionary powers. Chairman Bowen said the use is allowed but the Board must meet the criteria outlined in the by-law and make a finding. Mr. Alonzo urged the public/audience to attend further meetings with the ZBA. Paulette Beardmore-282 Pleasant Street also spoke very highly of the Riley family as she and her families are longtime Lunenburg residents. She felt that the Bonjour School with 75-80 students, the St. Boniface Church across the street and the funeral home are busy enough on "Paton's Corner" without adding another business. This curve in the road has had many accidents as longtime residents can attest to. She fears that with this project that is being proposed it would put the owners of Hadwen Market in the center of Town out of business. Amanda Risch-Fletcher Tilton of Worcester was representing Stone Farm LLC and the Stone Farm Condominium residents. She stated that they are in opposition to the project. 4 ===PAGE 5=== Ms. Risch indicated that she was once a Lunenburg resident and graduated from LS and has a personal interest as well. Before the Board are three requests car wash, drive thru and gas station. She stated each use must be addressed with regard to traffic, sound analysis and lighting plan and currently the reports are lacking. This project will add more congestion to an already congested area. Paul Doherty asked if the Stone Farm Condominiums are marketed knowing a commercial property sits beside the project? Ms., Risch indicated that the other commercial uses are clearly visible when driving in the area. Matthew Costich-119 Sunnyhill Road is opposed to the project due to traffic concerns. Louise Boyle, 29 Riley Road was opposed to the project; she asked if the applicant was purchasing all of the Riley property, the applicant said that he was purchasing the entire parcel. Michael Sauvageau Building official/Zoning Officer was there to answer questions and explain the zoning in the area. He indicated that the Riley property was spot zoned and the proposed building is currently in the commercial area (another portion was in the limited business residential) the property in question held a grandfathered status. When Mr. Riley passed the property lost the status after two years. He indicated to the audience that if the ZBA approved the use, car wash, drive thru and gas station then it would go to the Planning Board for site plan review. He reiterated the fact that property as its stands today has the right to be before the ZBA for the use as petitioned. Mr. Sauvageau was neither for nor against the petition. David Blatt wanted an explanation of the green limited business area outlined on the plan. Mr. Sauvageau explained the uses allowed in the LBR district. Chairman Bowen asked if anyone was there to speak in favor of the petition. Al Luoma and his wife Marcia (Riley) Luoma were the representatives of the Riley property. He indicated that when his father in law was living he (Edward Riley) sold the property in the rear for an over 55 development. He said that it took so long to go through the Planning Board process that Mr. Riley passed away 6 months after the property sold. Since Mr. Riley's passing the family has been maintaining the property, plowing, paying taxes for the property for over 7 years. Mr. Luoma had many people interested in the property but was impressed with Mr. Archer and knew he would be an asset to the community. He indicated he (Mr. Archer) has spent a significant amount of money on engineering, traffic and legal fees. Mr. Luoma exclaimed "Why doesn't the Town buy it"? Mr. Archer is trying to do a good project and they felt it was the best choice for a location. David Riley-27 Cross Road is the son of the late Edward Riley. He indicated that he has been a Lunenburg resident for 67 years and worked at the property for 50 years and also grew up there. He said that there has never been an accident at that property in all of the 5 ===PAGE 6=== years that he resided and worked there. He explained that his Dad could have put a 40B project on that land but he preferred to take less revenue and do a 55+ community that would be a beautiful place to live for Lunenburg residents for years to come. Chairman Bowen outlined a timeline for the ZBA as we only meet twice a month and wanted the engineers/traffic and lighting satisfied before the next meeting. He reiterated that the use is allowable but can it must meet the test (four criteria). All present agreed that they could have the new data submitted one week prior to the next meeting which would be October 1, 2014. A meeting for continuance was scheduled for October 8, 2014 at 7:00 P.M. Hearing Adjourned at 9:35 P.M. Minutes submitted by Lisa A. Normandin, Board Secretary sues 12/11/2014 Approved by Chairman of the Board ===PAGE 7=== Petition to Lunenburg Zoning Board of Appeals Petition summary and background Action petitioned for This petition is pursuant to the Town of Lunenburg, Zoning Board of Appeals, Notice of Public Hearing regarding the petition of Gary Archer for the construction and use of the property located at 790 Massachusetts Avenue, Lunenburg, MA 01462 for a gasoline service station and convenience store with a drive thru window as well as a car wash which is on the site plan but is not mentioned in the notice of public hearing. We, the undersigned, are abutters to this property, and we wish to register our strong objection to the proposed construction and use at this site. It is our considered opinion that this site does not meet the standards for granting a special permit, and that it will, in fact, cause substantial detriment to the public good. This site is not an appropriate location for such a project because it is not compatible with the existing neighborhood with regard to size, location and architecture. We are concerned that it will have a negative effect on our property values by substantially changing the present nature of the surrounding neighborhood. Furthermore, this use of that site will create a nuisance or serious hazard to vehicles or pedestrians. At that location, the only sidewalk is on the same side of the roadway, so pedestrians would be required to walk across entrance and exit traffic at that site. Additionally, there is a sight line issue with respect to the close proximity of Riley Road to the proposed entrance and exits because of the curve to the west of Riley Road along Massachusetts Avenue. Also, even if severe restrictions are imposed, we feel that the proposed use at that site would be intrusive. There will be excessive noise and light, especially at night when most residents are home. The size, height, location and lighting of the proposed signage will be conspicuous and visually offensive to the abutting homeowners. We, the undersigned abutters to the above listed property, urge the Lunenburg Zoning Board of Appeals to NOT grant a Special Permit for construction and use of the site at 790 Massachusetts Avenue, Lunenburg, MA 01462. Printed Name Signature Address 58 RILEY ROAD Many K: Dellosanta Mary K Reeleranta 58 Riley Road PORTER DICKINSON Porte 10 Sall, N. Rectu Anding likene 6т Billy. -Rd, 69 Riley Rd. Elaine Falcone Lois Donahue Claine Faluene 6T Riley Rd Lois Donahue 12. Biley Alr Comment Date 9/4/14 9/4/14 8/4/14 7/4/14 74/14 9/5/14 9/5117 Page l of 6 ===PAGE 8=== Printed Name Signature Address Genes Done Dona hue I1 AHET R8. Sally a. Meqee Sally Q Muqe 51 Riley Rd. James Megee Janes Pagea si Riley Rd. JaneDuFfy Juve Doggy JOAN CHARRON 4g Rites Rd 50 RiLey Rd RiCHARd CHARROn Richard Casion 50 Riley Rd Bill Donalyn Denis Donalya Naves 48 Riley KN Kathleen Flynn Kathleen Flynn H6 Riley Road WENDY BLATI LUAL ly Blast 444 kuly Ra Nancy Cieri Mercym Hi Riley Rd Lorett logant foreth bager 43 Biley Rl. Dana a Panet Choral Inquiet 43 Riley Re Lucienue Praut Lucinna Pull 43 Plan eL Linda Gurney 43 Riley Rd Linda Jurney Donald Gurney Done smi 31 Riley Rd SUSAN MARCEAN LUSIN AMANDAL 4T RILEY RA 47 RILEY RA Comment NO WAY!! - No- "No"!! Bate 55BP44 9-5-131 9/5/14 9/5114 9/5/14 9./5-14 95.14 9-5-14 9/5/14 915/14 965/47 9/5/14 9/5/14 9/5/14 Page 2 Of 6 ===PAGE 9=== Printed Name Signature Address DANIeL a WASS 54 Riley Rd Joyce E Wass Supree boat ARTHUR DRENNAN the bernar 56 Reep Pl 2RILEY RD DoROTy DRENNAN Deathst Denman 2 RiLEY BD. RUTH GENDRON Seth sendion DANiEL GENdRON Danil Sendon 4 PILEY BE, Tomas MeDeNnoT La Wed 6 Riley Rd. 12 Rilep 1L 12 Riley Od 16 Riley Road JOANEJUDY 44 Baby Old za Riley Ro MADGE MECHAN Macy Meekan 22 Rely Rd. Robert Markham Arate 25 Riley Roas SANDRA WEAtle Sanda Weagle 2) Rule, Re Comment Date 9/5/19 95.14 9-5-140 9.5.14 9/5/14 9/5/4 915/14 9/5/14 9/5/14 9/5/14 9/5/14 9-5-14 9-514 9/5/14 9/5/14 415/14 Page 3 of 6 ===PAGE 10=== Printed Name Signature Address ANN LEVESqUE Ann Renesque 415 kilky Red RONAl LiVESZUE Ron Levergue 45 Riday Rd Carole / Storo arole Metorro 35 Riey Rd 36 Peles Rd •.Gretchen th ten Arth 40 Riley Rt 34 Rile Pl Ravelall Palmer Kahn 34 Riley Rodel Loki Jo Calmes Ce 63 Riley Road 63 Retry ad Alue BArreT Bale Barent 67 Rike Re LOUISE BOYLE Lapise Bale 29 RILEY RD. eorge Doyle fear Saule 29 Riley Ra. fama Hateh lana Hater 31 Riley Ra Paula Hatch Paula Hatch 31 Riley Rd CHRIS NIEMI Chus Steni it Riley Pa David Nieui Paiden 14 Riley Rd. Comment Date 9/5/141 9/5/14 9/5/14 915/19 9/5/14 9/514 9/5/14 9/5/2014 9:514 9-6:14 9-614 46/14 2/6/14 9/6/14 9/6/14 Page y of 6 ===PAGE 11=== Printed Name Signature Address Marganet M. Aziz Margaret lAzez 54 Riley Road Deborah Cameron Neborah Cameron 52 Riley Road Dorothy Wast Raine, West 38 Rity Rel. CaroM Shane JoHN MeStauR fo in Me 32 Rie PRO Anne E. Adams 18 Riley Rd Donald M.Adams 18 Riley Rd. Susin Wist Sharm Donahue 3* Riley Re. 35 Riley Road Ronald Donahol 35k. len Rood 60 Riley Read DAVID H. KiNG 40 Riley Read Comment Date 9/1/144 9/8/14 9/8/19 9/8/14 9/9/14 9/8/14 9/6/14 9/8X4 9/9/14 9/9/14 9-9-14 9-9-14 Page 50f6 ===PAGE 12=== Printed Name Beverly Guerin Sonia UBlanc semlikinc Encide I Jaya it Signature Berly Suin Smilerstan acchal Eudite Agalo Address 810 massachusetts Are 818 MassAve. 818 Massachusetts AVe. 779 Mass Ave Comment Date 9-6-14 9-6-14 9-6-14 9/6/14 Page 6 of 6 ===PAGE 13=== Sept. 8, 2014 Town of Lunenburg Zoning Board of Appeals 9836 8- 960 Mass Avenue Lunenburg, MA 01462 Re: 790 Massachusetts Avenue, Lunenburg, MA 01462 - Seeking a Special Permit for the construction and use of the site for a gasoline service station and convenience store with a drive thru window. This request includes an increase in signage for this specific zoning district. I would like to speak in opposition to the above request for a Special Permit. I understanding that the parcel in question is zoned commercial. My concern is for the safety of the abutters to the proposed project regarding the increase of traffic entering and exiting the site. There is an existing entrance for a 55 + community which is in close proximity to the proposed project. There is also an existing entrance for a day care center heading West on a difficult stretch of Mass Avenue. Some of my other concerns are the noise and lighting issues that will affect the neighborhood on the North of Mass Avenue as well as the abutter to the East. There is also a church and funeral home on the North side of Mass Avenue who would also have to contend with these issues. Even though this parcel is zoned commercial, I don't feel this is the best area for a project of this size and scope. The look of the neighborhood is residential. I don't feel this is appropriate for the character of the Town to place this project on this site. There is a Draft - Village District - Town of Lunenburg with the purpose to encourage development that in itself is compatible and aligns with the character of the Town.. The proposed project area is in the Draft Working Map. This work being done is with the Lunenburg Planning Board and Montachusett Regional Planning Commission (attached). There are two gasoline stations existing on Mass Avenue presently where they are better suited. I would urge the Zoning Board to consider these issues and Not grant this request for this project. Thank you for your consideration. Louise Boyle 29 Riley Road Lunenburg, MA 01462 RECEIVED SEP - 8 2014 BY: 11h ===PAGE 14=== VILLAGE DISTRICT - TOWN OF LUNENBURG- DRAFT 12-9-13 I PURPOSE The Village District has been established: to encourage development that in itself is compatible and aligns with the character of the Town; to establish a mixed use village style development; to create through amenities, a sense of community that is essential gathering place, as well as appealing place to live and work ensuring the vision of Lunenburg as a New England Towin, and further, to provide clear and precise guidelines as to the building and lot design that will maintain the historic character of the Village District. 2. LOCATION 3. USE REGUALATIONS (a) Mixed Use 1. Within one structure varying mix of uses shall be permitted either by as of right or by Special Permit as designated below. Village or Outlying District, any of the following uses are permitted: a) Detached otie (1) family building, but not including mobile home or automotive type trailer. b) An accessory housing unit may be attached to or within a primary dwelling provided the primary dwelling unit is on a lot of forty thousand (40,000) square feet or more in the Residence A Districts or eighty thousand (80,000) square feet or more in Residence B Districts or Outlying Districts and further providing that: 1. The primary building has at leastwelve hundred (1200) square feet of floor area. 2. The entire structure used for dwellings shall not occupy more than fifty (50) percent of the lot area. 3. There is at least one (1) off street parking space for each bedroom or efficiency apartment in the converted portion of the structure, which space shall not be provided in the front yard. 4. There is provision for screening by fencing or landscaping of outside storage areas. 5. No accessory unit shall have a floor area of less than five hundred (500) square feet plus one hundred (100) square feet for each bedroom over one (1). 6. The floor area of the accessory unit(s) shail not be more than thirty (30) percent of the normally habitable floor area excluding garage, unfinished attic and crawl space and the normally inhabitable floor area of the principal dwelling unit, after conversion. Each unit shall be a complete and independent housekeeping unit, containing a bedroom or bedroom/living room combination, bathroom and kitchen or kitchenette and shall have a separate entrance. 1 ===PAGE 15=== 8. The exterior appearance of the structure shall not be altered except for: a) stairways and exits required by law, which shall be in the rear of the building, •b) restoration consistent with the original architecture of the structure. 9. One (1) of the units shall be occupied by the owner of the property. 10. If the second unit is discontinued and integrated into the original structure design, the owner shall notify the Inspector of Buildings in writing 11. No permit for accessory housing granted hereunder shall take effect sooner than one (1) year after occupancy of the primary dwelling, nor until the owner/petitioner records the authorization in the applicable Registry of Deeds at his own expense. 12. All permits for accessory housing must be secured before any construction is undertaken. c) Church or other place of warship, parish house, réctory or convent. d) Educational uses on land owned or leased by the Commonwealth or any of its agencies. subdivisions or bodies politic or by religious sect or denomination, or by a non profit educational corporation. e) Recreational or water supply use of a public agency. 1) Public administration building, fire o police station. g) Public school, library, museum, alt gallery or community building. h) Private school offering general education courses. i) Orchard, market garden, nursery, greenhouse or other use of buildings or land for the raising of agricultural, horticultural, viticulture or floricultural crops. j) Use of buildings or land for the raising of poultry, livestock or other farm animals, without limitation if in an Outlying District, but only as an accessory use, as hereinafter defined, if in a Residence A or B District; provided, however, that the Board of Appeals may, in addition, authorize by Special Permit such use as a main or commercial use in a Residence B District (but not in a Residence A District), subject to the conditions hereinafter set forth for authorizing other uses permissible by said Board in Residence Districts. k) Accessory use customarily incidental to a permitted main use on the same lot or a lot adjacent thereto, including the following: 2 ===PAGE 16=== 1. The raising or keeping of a small flock of poultry or of saddle horses livestock or other farm animals for use only by residents of the premises. 2. Tool shed, playhouse, tennis court, boat house or other structure for domestic use; private garage for motor vehicles, but not including more than one (a) commercial vehicle used for a commercial enterprise or more than one (1) school bus or farm vehicles. There shall be no commercial vehicle of more than the Manufacture's Gross Vehicle Weight Rating of more than thirty-three thousand (33,000) pounds and/or a Highway tractor and/or a Highway tractor/trailer combination. 3. The use of a room or rooms, in a dwelling or building accessory thereto by a resident of the premises as an office, studio or workroom for a home occupation, provided that: (a) Such use is clearly incidental and secondary to the use of the premises for dwelling purposes, (b) Not more than two (2) persons other: than residents of the premises are regularly employed thereon in connection with such use, (c) No stock in trade is regularly máintained, except for products of the occupation itself or for goods of materials which are customarily stored, used or sold incidental to its performance, (d) From the exterior of thé building so used, there is not visible any display of goods or products, storage of materials or equipment, regular parking of commercial vehicles r any other exterior indication that the premises are being utilized for any purpose other than residential (except for an accessory sign). 1) Temporary placement of a mobile homé or trailer for temporary use as a dwelling notwithstanding provisions herein contained to the contrary, provided, however; 1. Such use is necessary to provide housing for occupants of a dwelling house (exclisive of a summer camp) which has recently been rendered uninhabitable by fire or other disaster, 2. The dwelling was being continuously used as a dwelling at the time of disaster and the Board of Health has determined after examination that the dwelling house is uninhabitable without immediate.and substantial repairs. 3. Such temporary use of the premises shall not exceed one (1) year fiom the date of the granting of the permit, but application for an extension of the time may be made to the Building Official who shall be governed by the same provisions as in the granting of the original permit, so far as applicable, provided no extension shall extend such use beyond two (2) years from the originai granting of such permit. 4. Mobile homes and trailers used as temporary owner living quarters during construction of a permanent houne shall be permitted orily after the building permit and other required permits for the permanent structure have been issued, and a temporary permit has been granted by the Building Official, which temporary permit shall be granted only for a determined length of time up to, but not more than one (1) year. Uses Permissible by Special Permit and Design Review Granted by the Planning Board a) Boarding or lodging house, private guest house, rest home, convalescent or nursing home, funeral parlor. b) Private organized camp c) Hospital, sanitarium, philanthropic or charitable institution (but not including a correction institution). 3 ===PAGE 17=== d) Antique shop or consignment shop in a dwelling or building accessory thereto, provided there is no exterior display (except for an accessory sign) and the residential character of the premises is preserved. Retail sales and services, such as antiques, flowers, gifts, arts and crafts. e) Any public use not specifically listed herein or any public utility or communication use except for Telecommunication and cellular towers which are governed by other provisions of this Bylaw. f) Private club, lodge or other non-profit club. g) Sales room or stand for the sale of nursery, greenhouse, garden or farm produce (including articles of home manufacture from such produce), provided that the major portion thereof is raised on the premises (or made from produce so raised). h) Any other use similar to the uses hereinbefore listed in function, general character and effect on adjacent property. i) Business or professional offices. k) j) Triplex housing unit allowing for no faore than thyee living units, may be attached to or within a primary dwelling provided the primary dwelling unit is on a lot of Faran 1. The primary building has at least twelve hundred (1200) square feet of floor area. 2. The entire structure used for dyellings shall not occupy more than fifty (50) percent of the lot 3. There is at least one (l) off street parking space for each bedroom or efficiency apartment in the converted portion of the structure, which space shall not be provided in the front yard. 4. There is provision for screening by fencing or landscaping of outside storage areas. 5: No accessory unit shall have a floor area of less than five hundred (500) square feet plus one hundred (100) square feet for each bedroom over one (1). 6. The floor area of the accessory units) shall not be more than thirty (30) percent of the normally habitable floor area excluding garage, unfinished attic and crawl space and the normally inhabitable floor area of the principal dwelling unit; after conversion. 7. Each unit shall be a complete and independent housekeeping unit, containing a bedroom or bedroom/living room combination, bathroom and kitchen or kitchenette and shall have a separate entrance: 8. The exterior appearance of the structure shall not be altered except for: a) stairways and exits required by law, which shall be in the rear of the building, b) restoration consistent with the original architecture of the structure. 9. One (1) of the units shall be occupied by the owner of the property. 4. ===PAGE 18=== 12. It the additional units are discontinued and the structure reverts back to a single family home, the owner shall notify the Inspector of Buildings in writing. 13. No special permit for triplex housing granted hereunder shall take effect sooner than one (1) year after occupancy of the primary dwelling, nor until the owner/petitioner records the authorization in the applicable Registry of Deeds at his own expense. 12. All permits for triplex housing must be secured before any construction is undertaken. m) Service shop, for mall appliances, similar in function to toasters, sewing machines, electronic devices and vacuur cleaners, jewelry or similar items, provided that there will be a maximum gross floor area of one thousand (1000) square feet for the ground floor (exclusive of basement areas and up to two thousand (2000) square feet total for structures of two (2) floors). 11) Repair shop, for small appliances, similar in function to toasters, sewing machines, electronic devices and vacuum cleaners, jewelry or similar items, with a maximum gross floor area of one thousand (1000) square feet for the ground floor (exclusive of basement areas and up to two thousand (2000) square feet total for structures of two (2) floors). o) Bed and Breakfast, Bed and Breakfast Establishtnent, which can include a Function Facility, Catering Service provided that: a) The use complies with the definition of Bed and Breakfast, or Bed and Breakfast Establishment provided the dwelling is owner occupied. b) The lot conforms to all dimensional requirements of the Zoning Bylaw. c) Parking for each room available for rent is provided in the side yard behind the setback line or in the rear yard, but not nearer than ten (10) feet to any property line. One (1) parking place shall be provided for each bedroom. d) The outside appearance of the building is not altered except to comply with the Building Code. 5 ===PAGE 19=== p) Inn, an establishment for lodging for temporary occupants, including a Function Facility and Dining Facilities open to the public, provided that: a) The lot conforms to all dimensional requirements of this Zoning Bylaw. b) The Function Facilities and dining Facilities open to the public and Catering Services on the premises meet the requirements of Section 3 and 4 listed below. c) The sleeping rooms do not exceed twelve (12) in number. d) The parking complies with Section 6.1. Off Street parking and Loading Areas of the Zoning Bylaw and shall be provided in the side yard behind the setback line or in the rear yard, but no nearer than ten (10) feet to any property line. c) Dining Facilities shall be limited within the time and hours approved by the Special Permit. g) Function Facility, allowed only as an accessory to uses permitted in Sections 4.4.3.6.1. and 4.4.3.6.2., to serve as a facility for meetings and other functions to include reception, dinners, weddings and business and civic meetings and similar social affairs subject to all provisions of Sections 4.4.4. and 8.4.5. and further provided that: a) The building is located on a lot of at least two (2) acres. b) The original structure plus accessory buildings devoted to the use shall contain at least three thousand (3000) squafe feet of floor area. c) Additions to the floor areas, if any, shall not exceed fifty (50) per cent of the existing floor area and shall conform to the residential architectural style of the existing residential building. d) The number of persons attending events shall be determined by the maximum number allowed by Building Code, the Board of Health Regulations and/or the Sewer Commission Permit. e) The number of events in any calendar year shall be determined during the Development Plan Review process. f) Anticipated parking shall be provided and parking of over fifty (50) vehicles may require a traffic policeman at the discretion of the Police Department. g) Outside lighting or music, if any, shall not extend beyond ten (10) PM and shall be limited in so far as possible to the property on which the use is located. No lighting shall be reflected into adjacent abutters' properties. The level of sound shall be no higher than 70 decibels at the property line or beyond. h) Tents or suitable enclosures to be used in connection with an event shall be iocated back of the setback line and shall be erected and removed within twenty-four (24) hours of the beginning and end of the event. r) Catering Service a) Kitchen and cooking facilities, allowed only as an accessory to uses permitted in Sections 4.4.3.6.1. and 4.4.3.6.2. on the premise and off site catering must meet Board of Health Regulations and/or any other pertinent permitting requirement. b) Any vehicle identified for business used in connection with making catering deliveries must be garaged or parked in the rear of the structure. s) Restaurants excluding drive-through services. t) Parking areas or garages for the use of employees and customers of, or visitors to, a permitted use. Refer to Section 6.1 of the Protective Bylaw - Off-Street Parking and Loading Areas for - specific requirements. 6 ===PAGE 20=== "I) Gasoline service stations, excluding non-automotive retail sales, commercial garage or salcs room with incidental repair services for automobiles, boats, trailers, trucks, machinery, farm implements and similar equipment, provided that parking, loading and review requirements will be applied to the principal use and to each non-automotive retail sales usc as separate principal uses. v) Medical or dental offices. W) A working shop of a carpenter, cabinetmaker, electrician, painter, paperhanger, plumber, printer, sign painter, upholsterer or similar tradesman or artisan; including retail sales of goods related to the proposed use. x)Showroom for sale by retail or wholesale of building supplies, including plumbing, heating and ventilating equipment; and warehouse-mercantile structures, providing that parking requirements shall be calculated separately for each principal use, e.g., warehouse, storage, retail sales. y) Veterinary hospital. z) Any other use similar to the uses hereinbefore listed'in function or general character. Conditions for Use on a Development Plan for Businéss Use New construction shall be accompanied by a plan, prepared by an architect, landscape architect, professional engineer or land surveyor and shall be drawn as listed in 4.4.4.8.a) though b) and shall include the following. a) Existing and proposed topography at two (2) foot intervals. b) Facade elevations of any new construction and or alteration to any building or structure. Additional Design Standards for the Village District As well as the standards réquired under Section 8.4 Development Plan Review, these additional standards are established for the Village District. a) Building - Location & Facade 1. The Building front shall face the street on which the lot obtains its frontage. 2. If there is more than one building on the site, the siting shail be approved by the Special Permitting Granting Authority pursuant to the procedures outlined in Section 8.4., and there shall be sidewalk connections between buildings. 3. Flat roofs that are visible from the street level are prohibited unless an appropriate façade is included in the design. 4. Roof colors shall be appropriate to the area and consistent through the site except signs approved under the Development Plan Review. 5. The principal building(s) shall be connected to public water and sewer where readily available and accessible. 6. Lighting, signage, and architectural style shall be consistent with other uses in the District and reviewed under the Development Plan Review (DPR). Refer to Section 6.5 of the Protective Bylaw- Signs- for specific requirements. 7 ===PAGE 21=== 7. Tho architectural style of the original structure shall not be altored and new construction shall be of a style consistent with the historical character of the Village District. 8. Existing historical designated buildings shall not be destroyed or demolished to permit new construction without a permit to do so from the Building Inspector, and further such proposed activity for demolition has been reviewed by the Historical Commission, Building Inspector, and the Fire Chief. b) Parking, Loading, and Interior Streets 1. Parking lots shall be located at the rear of or the side of buildings wherever feasible or practical except upon a finding of the Planning Board that no reasonable alternative exists, and the parking can be designated in a manner consistent with the traditional character of the village center; 2. Parking lot layout shall take into consideration pedestrian circulation. 3. For additional requirements refer to Section 6.1 of the Protective Bylaw - Off-Street Parking and Loading Areas. c) Landscaping and Screening 1. The area between the front facade of the building and the street line not devoted to walkways, drives or parking shall be planted with grass or suitable ground cover with a minimum of a four (4) foot landscaped area along thé street frontage and along the front and side of the principal building(s) and plantings of indigénous material along the façade of the building(s) and between the building(s) if there is more than one büilding on site. 2. Such landscaping does not interfere with sight lines of drivers. 3. Natural features shall be retained wherever feasible. 4. Screening of the site shall be by a four (4) foot landscaped strip at the rear and side lot lines. 5. Additional landscaping and screening/may be required where it is deemed such appropriate measures are in order. d) Access 1. New curb cuts on existing ways shall be minimized. To the extent feasible, access to business shall be provided through one of the following methods: (a)Through a common driveway serving adjacent lots or premises; (b)Though an existing side or rear street thus avoiding the principal thoroughfare, or (c)Through a cul-de-sac or loop road shared by the applicant lots or premises. e) Streetscape 1. Light fixtures shall be designed to appropriately blend within the District and be of number and height that grants plentiful lighting. Such lighting shall shine downward as to not affect adjacent properties. 2. Lighting must also be placed on the side and rear of the building. 3. Outdoor tables, benches, and bicycle racks shall be of size and be consistent with the principal use(s) of the site. 4. Small trash receptacles and not dumpsters located along the street must be of a size that provides proper usage and of a unified look with the Village District. 8 ===PAGE 22=== 5. Sidewalks shall be provided from the street line, when applicable and practical, and from the parking areas to building(s) In addition to the limitations set forth in Section 5.0. of the Bylaw, all uses within a shall be subject to the following limitations: a) The gross floor area of all buildings and structures on a lot shall not exceed twenty- five (25) percent of the total lot area. b) When possible 25% of the lot area not devoted to building, parking, outdoor storage and display and other paved or hard-surfaced areas shall be designated for open space. ===PAGE 23=== DRAFT Draft Working Map Lunenburg Village District ===PAGE 24=== Legend * Lunenburg Town Hall Water C Potential Village Center District ~ Streams & Rivers © Half Mile Buffer -- Intermittent Stream • Footprints • Parcel Boundaries • Lakes, Ponds & Reservoirs Zoning Districts Roadways • Commercial: ~ US & State Routes Limited Business/Residential ~ Other Roads Residential A Residential B 10. DATA SOURCES: MaseGIS, MassDOT and the MRPC. DISCLAIMER: The Intormation depicled on this map is for planning purposes only. All data bro reprosentetional and are not adequate for boundary definition, regulatory interprefation, or parcel based analysis. PREPARED BY: husol! Regional Planning Commiscion GIS Department, Öctober 2013 1427R Woler Sinect Fitchburg, IA 01420 Phone: 878-345-7376 E-mail. mrpo@mrpc.org .0.1 0.2 0.4 Miles ===PAGE 25=== ..% .is 44 Riley Rd. Lunenburg, MA 01462 September 4, 2014 Town of Lunenburg Zoning Board of Appeals Lunenburg, MA Subject: 790-792 Massachusetts Avenue Dear Board: I am writing to voice my objection to the Archer gas station complexeing proposed for the subject property. In accordance with the ByLaws of Lunenburg, I hope you will make the determination that this project is incompatible with the neighborhood and district and that you will, therefore, reject the application, Neighborhood: • A commercial gas station complex with continual traffic, exhaust, noise and neon is definitely not in keeping with the existing primarily residential neighborhood makeup. Even though the spot zoning in question is commercial; the context is primarily residential which should be the: impetus for the rejection ne There was a reference in the by-laws that a project should not have a material adverse affect on the value of surrounding properties. In my opinion, a direct abutter (and even nearby: abutters) will suffer an adverse affect of their property values should their residence change from a rural-ish state roadway to a gas-station-alley turnpike type of road. I expect an appraisal would easily confirm that. • There is no need. We already have one large gas station complex about ½ mile west. We have a shuttered gas station (eyesore) about ½ mile east and yet another complex a few miles away on the commuter route. Maybe this developer would see fit to resurrect the shuttered gas station and provide an improvement to the town rather than create an additional eyesore and drain. Safety: • Exiting and entering Riley Road is already problematic: When exiting from Riley Road, the sight line to the left with the curve on 2A is limited. The speed allowed on 2A is too high for the curve. The actual speed of vehicular traffic is usually higher than the speed limit. An existing Pedestrian Caution sign on 2A just to the east of Riley Road does not slow down drivers. The window of time to safely execute a turn before a vehicle comes speeding around that curve on the left can be very small. Additional cars exiting and entering from the gas station complex 25 to 50 feet away with two (and later three) driveways will be disastrous. eng EAGU 5.016. ===PAGE 26=== 918/2014 TO: ZBA From: Homeowner 54 Rily Rans I steamely sisteet to the ARCHER PROTECTI Tatully immppropriate apposite A Cletholic churts AND FUMBRA! hOME, mozart Maziz. ===PAGE 27=== * SONING BOARD OF APPEALS RITTER MEMORIAL 960 MASS. AVE. LUNENBURG, MA 01462 6 SEP 14 TO ALL MEMBERS AND ASSOCIATES OF ZBA: I WISH TO EXPRESS MY CONCERN FOR THE PROPOSED CONSTRUCTION OF THE EXTENSIVE COMMERCIAL SERVICE STATION IN OUR AREA. WE HAVE LIVED HERE IN OUR LOVELY TOWN (VILLAGE) FOR TWO YEARS. WE ALSO KNOW THE AREA BECAUSE OUR SON AND HIS FAMILY HAVE RESIDED HERE FOR TWETY-FIVE PLUS YEARS. WE LOVE THIS QUAINT VILLAGE; IF I NEED A LOAF OF BREAD OR SOME MILK WE HAVE THE CONVENIENCE STORE NEXT TO TOWN HALL. IF I NEED TO FUEL THE CAR THERE IS A GULF GAS STATION NEARBY. IF A NEED A COFFEE/DONUT FIX WE HAVE THE DRIVE-THRU ONE STOP DONUT NEARBY. I LOVE TELL OUR FRIENDS AND RELATIVES HOW QUAINT OUR VILLAGE IS WITH WORKING DAIRY FARMS AND APPLE ORCHARDS IN OUR TOWN. I DO NOT WANT TO TELL PEOPLE COMING TO VISIT US TO LOOK FOR THE MOBIL GAS STATION/CARWASH AND THEN YOU WILL SEE THE ENTRANCE TO THE QUAINT/LOVELY 'STONE FARM ESTATES'. PLEASE DO NOT AUTHORIZE THE PROPOSED COMMERCIAL DEVLOPMENT. CONCERNEDEDLY; He Dir Lois Donatue GEORGE: & LOIS DONAHUE 71 RILEY ROAD K:12 ?! ===PAGE 28=== MARY ANN JANNACCI 6 Riley Road Stone Farm Estates Lunenburg, MA 014612 SEP - S 2014 BY:. September 6, 2014 Loning Board of Appeals Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Re: Opposition to Petition of G. W. Archer, Inc. Requesting a Special Permit Regarding its Proposal for a gas station project to be situated at 790 Massachusetts Avenue Dear Members, Lunenburg Zoning Board of Appeals: As a unit owner at Stone Farm Estates since 2008, it is with great dismay and apprehension that 1 address the above-entitled matter. Relocating from Malden, Massachusetts, my Mother and decided on the quaint Town of Lunenburg in order to be closer to my son and his family. The location at Stone Farm Estates was most appealing to us, the peaceful, picturesque area bringing much pleasure to my 90 year old Mother and myself. Since our residence, some changes have occurred; however, the proposed subject project will be the most egregious change thus far. The negative implications upon the Stone Farm Estate homeowners are numerous. First and foremost is the safety issue. As is the situation now, it is difficult enough to navigate the Stone Farm Estates entrance/exit. Such an ambitious project, in a non-conducive location, will certainly ===PAGE 29=== MARY ANN IANNACC Page 2 exacerbate this safety issue. Besides the realistic threat to our quiet peace and enjoyment, the visionary changes will so drastically impact the beautiful landscape of this Town, and most certainly would be a travesty to all that is distinctive to the Town of Lunenburg. I beseech the Members of the Board to most seriously consider all the negative connotations with regard to the granting of this request. Therefore, I respectfully implore you to deny the project in its entirety. Respectfully submitted, Marylan Parnacc Mary Ann lannacci, Individually and on behalf of Lucy R. Scolastico •—- SEP - 8 2014 BY: ===PAGE 30=== Donald G. Gurney 37 Riley Road Lunenburg, Massachusetts 01462-1358 (978) 582-4846 September 6, 2014 Zoning Board of Appeals Town of Lunenburg Ritter Memorial Building :::223080208 970 Massachusetts Avenue Lunenburg, Massachusetts 01462 Dear Chairman and Members of 3A13 the Zoning Board of Appeals, Application of Gary Archer for Special Permit I am enclosing for inclusion in the minutes of the meeting and public hearing of the Zoning Board of Appeals of the Town of Lunenburg to be held at Town Hall on Wednesday, September 10, 2014, a copy of my letter, dated August 29, 2014, to the Editor of The Lunenburg Ledger, together with the accompanying photographs. This letter (but not the accompanying photographs) was published in The Lunenburg Ledger on Friday, September 5, 2014. I request permission to speak at the September 10, 2014 public hearing to urge you to deny the application of Mr. Archer for a Special Permit relating to 790 Massachusetts Avenue, Lunenburg, Massachusetts. Thank you for your attention to the foregoing. Very truly yours, Amald As sand Donald G. Gurney 1330382.1 001098 CORR ===PAGE 31=== Donald Gurney From: Sent: To: Subject: Attachments: Donald Gurney Friday, August 29, 2014 3:05 PM 'dgink@verizon.net Zoning Board of Appeals Meeting and Public Hearing, Wednesday, September 10, 2014 IMG_2530-c.jpg; IMG_2528-c.jpg Friday, August 29, 2014 To the Editor of The Lunenburg Ledger, I am writing to urge my fellow Lunenburg residents and taxpayers to attend the meeting and public hearing to be held by the Zoning Board of Appeals at Town Hall on Wednesday, September 10, 2014 at 7:00 PM. The Zoning Board of Appeals will hear a petition of Gary Archer of Ayer for a Special Permit to construct a gasoline station with five fueling islands and twenty gasoline pumps, a convenience store with a delicatessen and indoor seating, an ATM and a drive-through window and a carwash. If granted, the Special Permit would authorize Mr. Archer to construct the gasoline station, convenience store and carwash on Route 2A (Massachusetts Avenue) in a residential area at the former site of the Riley package store, four tenths of a mile west of Town Center, across from St. Boniface Catholic Church and the Sawyer-Miller-Masciarelli Funeral Home and in close proximity to the Bon Jour Daycare Center. The Special Permit would also authorize Mr. Archer to install a large and nonconforming sign at the site. The Cumberland Farms gasoline station and convenience store at King's Corner at the intersection of Route 13 and North Street in north Leominster (see the accompanying photographs) has the same number of fueling islands and gasoline pumps as the complex proposed by Mr. Archer but is located in a clearly commercial area with better ingress to and egress from both Route 13 and North Street and a traffic light. The proposed Archer's gasoline station, convenience store and carwash would be significantly larger than the Cumberland Farms gasoline station and convenience store in order to accommodate the drive-through window and the carwash but would be located in a clearly residential area with lesser ingress and egress and no traffic light. 1 plan to attend the September 10, 2014 meeting and public hearing of the Zoning Board of Appeals to ask the Board to deny the petition for the Special Permit. I urge my fellow Lunenburg residents and taxpayers to do likewise. Donald G. Gurney 37 Riley Road Lunenburg, Massachusetts 01462 Telephone: (978) 582-4846 ===PAGE 32=== September 6, 2014 Lunenburg ZBA Greetings: We are the McDermott's and we reside within Stone Farm Estate at 12 Riley Road. We would like to take this opportunity to voice our opposition to the Gas Station /Convenience Store proposed for 790 Massachusetts Avenue. We strongly echo the concerns of many of our neighbors as to the negative impact this project would rare on dur continuit at tol lethat abutis proper 0u muratic arriving and leaving this project, a quality of life impact from evening lighting and excessive traffic and whether or not this is an appropriate project for this property given the location and current zoning restrictions. If we could point out that alteady having a convenient small market in the town center and a gas station a mile down Mass. Ave. that this project appears to be redundant to community needs. In addition, the safety concern regarding traffic, we feel, is magnified by the existing road configuration. Leaving Stone Farm Estates with a left or right tum is currently a challenge given the sharp turn, immediately before our entrance from the west, and the speed that vehicles now navigate that tur. Having additional traffic to the east will only create a greater challenge and potentially be an accident waiting to happen. We thank you for considering our concerns and, as residents; we appreciate the time and energy you donate to this area of Town Development. Sincerely: Thema Permi Thomas McDermott Catsomet Methinet ======================================================================================== DOCUMENT : 2014-09-24-agenda-5937.txt BOARD : zoning-board-of-appeals DATE : 2014-09-24 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-09-24-agenda-5937.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_09242014-5937 ======================================================================================== ===PAGE 1=== Notice of Public Hearing Zoning Board of Appeals CONTINUANCE Notice is hereby given that the Zoning Board of App eals will hold a public hearing on September 24, 2014 at 7:00 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. Bilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Whalom Road, LLC, Gary B. Lorden, Manager, 69 Massachusetts Avenue, Lunenburg , MA 01462. The property, which is the subject of this case, is located at 250 Whalom Road, Lunenburg, MA 01462; know as Whalom Luxury Apartments, Assessors Map 91/382. The applicant is seeking to modify the existing Com prehensive Permit to increase the number of units to 120 by constructing five apa rtment buildings on 41 acres of land located at 250 Whalom Road, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Comprehensive Permit, 40B. If you wish to appear in support for or in oppositi on to the petition, you may do so in person, by agent or by attorney. Copies of the app lication may be inspected in the Town Clerk’s office or the Zoning Board office during no rmal business hours. Donald F. Bowen, Chairman Zoning Board of Appeals Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member David Blatt, Associate Member Paul Doherty, Associate Member Sheila Lumi, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-10-04-agenda-5938.txt BOARD : zoning-board-of-appeals DATE : 2014-10-04 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-10-04-agenda-5938.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10042014-5938 ======================================================================================== ===PAGE 1=== ======================================================================================== DOCUMENT : 2014-10-22-agenda-5939.txt BOARD : zoning-board-of-appeals DATE : 2014-10-22 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-10-22-agenda-5939.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_10222014-5939 ======================================================================================== ===PAGE 1=== Notice of Public Hearing Zoning Board of Appeals CONTINUANCE Notice is hereby given that the Zoning Board of App eals will hold a public hearing on October 22, 2014 at 7:00 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. Bilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Whalom Road, LLC, Gary B. Lorden, Manager, 69 Massachusetts Avenue, Lunenburg , MA 01462. The property, which is the subject of this case, is located at 250 Whalom Road, Lunenburg, MA 01462; know as Whalom Luxury Apartments, Assessors Map 91/382. The applicant is seeking to modify the existing Com prehensive Permit to increase the number of units to 120 by constructing five apa rtment buildings on 41 acres of land located at 250 Whalom Road, Lunenburg, MA 01462. The Zoning Board of Appeals will consider authorizi ng the Comprehensive Permit, 40B. If you wish to appear in support for or in oppositi on to the petition, you may do so in person, by agent or by attorney. Copies of the app lication may be inspected in the Town Clerk’s office or the Zoning Board office during no rmal business hours. Donald F. Bowen, Chairman Zoning Board of Appeals Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member David Blatt, Associate Member Paul Doherty, Associate Member Sheila Lumi, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-11-12-agenda-5908.txt BOARD : zoning-board-of-appeals DATE : 2014-11-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-11-12-agenda-5908.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11122014-5908 ======================================================================================== ===PAGE 1=== ===PAGE 2=== ===PAGE 3=== ===PAGE 4=== ===PAGE 5=== ===PAGE 6=== ===PAGE 7=== ===PAGE 8=== ===PAGE 9=== ===PAGE 10=== ===PAGE 11=== ===PAGE 12=== ===PAGE 13=== ===PAGE 14=== ===PAGE 15=== ===PAGE 16=== ===PAGE 17=== ===PAGE 18=== ===PAGE 19=== ===PAGE 20=== ===PAGE 21=== ===PAGE 22=== ===PAGE 23=== ===PAGE 24=== ===PAGE 25=== ===PAGE 26=== ===PAGE 27=== ===PAGE 28=== ===PAGE 29=== ===PAGE 30=== ===PAGE 31=== ===PAGE 32=== ===PAGE 33=== ===PAGE 34=== ===PAGE 35=== ===PAGE 36=== ===PAGE 37=== ===PAGE 38=== ===PAGE 39=== ===PAGE 40=== ===PAGE 41=== ===PAGE 42=== ======================================================================================== DOCUMENT : 2014-11-12-agenda-5940.txt BOARD : zoning-board-of-appeals DATE : 2014-11-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-11-12-agenda-5940.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11122014-5940 ======================================================================================== ===PAGE 1=== Zoning Board of Appeals LUNENBURG ZONING BOARD OF APPEALS NOTICE OF PUBLIC HEARING CONTINUANCE Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, November 12, 2014 at 7:00 P.M. at the Town Hall, Joseph F. Bilotta Meeting Room, 2nd Floor, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Gary Archer, 70 Main Street, Ayer, MA, 01432. The property, which is the subject of this case, i s located at 790 Massachusetts Avenue, Lunenburg, MA 01462 and admi nistered by Marcia K. Luoma, Personal representative for the Estate of Edward H. Riley The petitioner is seeking a Special Permit for the construction and use of the site for a gasoline service station and convenience store with a drive thru window. This request includes an increase in signage for this specific zoning district. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Sections 4.6.3.1.d), 4.5.3.1.a), 6.5.1.4.a). If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies of the application may be viewed in the Town Clerk’s office or the Zon ing Board office during regular business hours. Donald F. Bowen, Chairman Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member Paul Doherty, Associate Member Shelia Lumi, Associate Member David Blatt, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg ======================================================================================== DOCUMENT : 2014-11-12-agenda-5941.txt BOARD : zoning-board-of-appeals DATE : 2014-11-12 KIND : agenda OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-11-12-agenda-5941.txt TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_11122014-5941 ======================================================================================== ===PAGE 1=== Zoning Board of Appeals NOTICE OF PUBLIC HEARING Notice is hereby given that the Lunenburg Zoning Board of Appeals will conduct a public hearing on Wednesday, November 12, 2014 at 6:30 P.M. at the Lunenburg Town Hall, 2nd Floor, Joseph F. Bilotta Meeting Room, 17 Main Street, Lunenburg, Massachusetts 01462. The Lunenburg Zoning Board will hear the petition o f Paul Seeley, 52 Central Avenue, Ayer, MA 01432, the property, which is the subject of this case is located at 1249 Massachusetts Avenue, Lunenburg, MA 01462 and curr ently owned by William P. Poirier Jr., 4 Fairway Drive, Shirley, MA 01464 and known as First Class Import Auto. Assessors Map 61/25. The applicant is seeking a Special Permit to operat e an auto repair facility at 1249 Massachusetts Avenue, Lunenburg, MA. The Zoning Board of Appeals will consider authorizi ng the Special Permit. The basis for this Appeal for Special Permit is found in the Lune nburg Protective By-law, Section 4.6.3.1.d). If you wish to appear in support for or in opposition to the petition, you may do so in person, by agent or by attorney. Copies o f the application may be inspected in the Town Clerk’s office or the Zoning Board office during regular business hours. Donald F. Bowen, Chairman Zoning Board of Appeals October 24, 2014 October 31, 2014 Donald F. Bowen, Chairman Raymond Beal, Vice Chairman James Besarkarski, Member Alfred Gravelle, Member Hans Wentrup, Member David Blatt, Associate Member Paul Doherty, Associate Member Sheila Lumi, Associate Member Ritter Memorial Building 960 Massachusetts Avenue Lunenburg, MA 01462 Phone: 978-582-4146 Fax: 978-582-4353 Town of Lunenburg