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========================================================================================
DOCUMENT : 2014-11-12-minutes-5940.txt
BOARD    : zoning-board-of-appeals
DATE     : 2014-11-12
KIND     : minutes
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-11-12-minutes-5940.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Minutes/_11122014-5940
========================================================================================

===OCR macOS Vision===
===PAGE 1===
HONENBRO, MAST
ZONING BOARD OF APPEALS
MINUTES
November 12, 2014
The Lunenburg Zoning Board of Appeals held a public hearing on Wednesday,
November 12, 2014 at 7:00 PM. The hearing was held at the Lunenburg Town Hall, 2nd
Floor Conference Room, 17 Main Street, Lunenburg, MA. This was a continuance of the
meeting held on October 8, 2014 and previously on September 10, 2014.
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.
The property is located at 790 Massachusetts Avenue, Lunenburg, MA 01462
Board Members present:
Donald F. Bowen, Chairman, Hans Wentrup, Alfred
Gravelle, David Blatt, Paul Doherty and James Besarkarski (present but not voting).
Others Present: Attorney Robert Cirillo, 73 Sawyer Street, So. Lancaster, MA, Gary
Archer, 70. Main Street, Ayer, MA, representatives from MHP Engineering and
Greenman Pederson, Attorney Amanda Risch, Fletcher Tilton and many members of the
general public were in attendance.
7:00 PM the public hearing was opened by Chairman Donald Bowen. He acknowledged
that nine letters were received from abutters prior to the meeting and given the fact that
the public discussion was cut off they were not read at the meeting, he did however
mention that all letters received were in opposition to the project. The letters were
received from Linda Gurney, 37 Riley Road, Wendy Blatt, 44 Riley Road, Carol
McShane, 39 Riley Road, Louise Boyle, 29 Riley Road, Kevin & Sonia LeBlanc, 818
Massachusetts Avenue, Sharon Donahue-35 Riley Road, Euclid J. Joyal III, 779
Massachusetts Avenue, Donald G. Gurney, 37 Riley Road, David H. King, 40 Riley
Road and Attorney Amanda Risch of Fletcher Tilton, attorney for Stone Farm residents.
(Letters attached). Mr. Bowen also acknowledged a letter received from Larry Marshall
regarding the FHA loan. It was brought up at a previous meeting that that potential
homeowners would not to be able to obtain mortgages if the properties were within 300
feet of a gas station. Mr. Marshalls letter to the Board put the issue at rest as this was not
the case. (Letter attached).
===PAGE 2===
Mr. Bowen indicated that a motion was made and seconded at the October 8, 2014
meeting for approval of the project. The open issues were lighting and signage and the
Board ended that meeting due to the late hour and continued to November 12, 2014 at
7:00 PM.
Attorney Cirillo spoke for the applicant and said that the open issues have been
addressed. A new lighting plan was submitted and the sign was significantly reduced.
Huseyin Sevincgil, of MHF Engineering outlined quickly the changes that were made
including: providing a proposed landscape plan that increases the buffer to the Riley
Road area and a proposed lighting plan. The lighting plans provided that showed that
there would be no light spillover onto abutting property and would not project into the
street. He explained the sign was reduced from 93 square feet to 52 square feet, and now
would be 17.5 feet tall.
David Blatt asked how the sign compares to the two other establishments owned by Mr.
Archer. The Littleton facility had a sign that was 10.5 feet tall and Mr. Blatt felt that a
sign 17 feet high would be a beacon to the abutters across the street. The Board
discussed in detail moving the sign to the opposite side of the property (across from the
church) so as not to be on the Riley Road side. Mr. Blatt felt that the sign was still very
large and tall and felt that it was not necessary as the other businesses owned by Mr.
Archer had significantly smaller signs.
Mr. Luoma submitted photos that were taken this evening. The photos show a light that
is currently on the church property that illuminates one of the houses across the street.
Paul Doherty asked the engineer if the pylon sign would face east to west. Huseyin
Sevincgil, of MHF Engineering explained that the sign is significantly less than what is
allowed. Paul Doherty said the abutters would only see the side of the sign. Mr. Bowen
indicated that the sign could be moved to the limited business/residential portion of the
project. This issue was discussed at length. Mr. Sevincgil said it was up to his client as
to where the sign would be placed.
Paul Doherty felt satisfied with the lighting plan and the reduced hours and felt that they
did their best with regard to the sign.
Donald Bowen went into great detail with regard to the by-law and the criteria that must
be met in order to satisfy it.
Hans Wentrup felt that the two residential properties across the street would be adversely
affected. He explained that the applicant has done a good job working with the Board but
would not be favorable to the motion based on the applicant's inability to satisfying the
by-law and the criteria that must be met specifically outlined in 8.3.2.1. a) Standards
"the granting of the special permit will not adversely affect the neighborhood" and
Section 8.3.3.2.b) of the by-law states "Will not have a material adverse effect on the
value of land and buildings in the neighborhood or on the amenities of the neighborhood"
and d) "Will not produce noise, vibration, smoke, dust odor, heat or glare observable at
the lot lines in amounts clearly detrimental to the normal use of adjacent property"
2
===PAGE 3===
Alfred Gravelle agreed with Mr. Wentrup and reiterated the fact that the applicants
cannot satisfy the by-law with regard to the criteria that must be met, specifically and
noted that Section 8.3.3.2.b) of the by-law states "Will not have a material adverse effect
on the value of land and buildings in the neighborhood or on the amenities of the
neighborhood".
Paul Doherty explained his position and felt that the lighting has been resolved and the
hours amended, he acknowledged the fact that it is a commercial piece of real estate and
the Town is trying to encourage businesses. He did not feel that the building site
devalued area properties any more than the way the property is standing now, vacant and
abandoned and the proposed project would be an opportunity to bring business to Town.
Donald Bowen explained the rights of the applicant with regard to the request. He spoke
about the permitted rights in relationship to the zoning district that it is located. He
explained that the vote would require 4 out of 5 members voting in the affirmative to
grant the request. He also said that he sensed that there were mixed emotions of the
Board members. He outlined the criteria with regard to findings, he was satisfied with
the traffic study as it was done by a professional engineer and indicated that the abutting
properties on Riley Road would not be affected. He acknowledged that the business does
not create a great deal of noise and is a relatively quiet business. He could not say
whether or not the value would be impacted as that it's subjective and not definitive, it
could increase the commercial property values across the street.
David Blatt said that the zoning was not changed after the prior business was closed and
said that it is located in a commercial zone. His concern was noise mitigation but felt it
could be done with shrubbery. He is still not satisfied with the height of the sign but is
willing to grant if the sign was moved further to the left and reduced to twelve feet and
felt we could put additional conditions on the motion to make it less detrimental. Dave
Blatt added that if there was a proposed speaker at the drive thru there must be additional
noise mitigation.
Paul Doherty felt that the Board was divided and agreed that the Planning Board could
deal with the sign size and location issue in the development plan review. He explained
that the Board has a track record of granting special permits and each request is dealt with
on a case by case basis.
Paul Doherty made a motion to grant the Special Permit for the gas station, drive thru and
sign with the condition that the sign location and height be determined by the Planning
Board in the Development plan review process. The motion was based on the finding that
it would meet the criteria outlined in Section 8.3.3.2 of the Lunenburg Protective by-law.
David Blatt seconded the motion.
3
===PAGE 4===
Vote
Paul Doherty voted in favor of granting the Special Permit.
David Blatt voted in favor of granting the Special Permit.
Donald Bowen voted in favor of granting the Special Permit.
Hans Wentrup voted to deny the Special Permit.
Alfred Gravelle voted to deny the Special Permit.
Hearing Adjourned at 8:30 P.M.
Minutes submitted by Lisa A. Normandin, Board Secretary
pain 12/11/2114
Chairman of the Board
===PAGE 5===
Linda Marble Gurney
37 Riley Road
Lunenburg, MA 01462
October 20, 2014
FARIVER
OCT 2 1 2011
Zoning Board of Appeals
Donald Bowen, Chairman
Ritter Building
960 Massachusetts Avenue
Lunenburg, MA 01462
BY:
Dear Mr. Bowen and Board Members:
At your continued hearing on October 8, 2014, regarding the Archer proposed gas station
complex at 790 Massachusetts Avenue, new points were raised, specifically regarding pedestrian safety,
substantial increased traffic as the professional study showed, the "mistakes" of past planning decisions,
the certain decline in property values of nearby single family homes, and others. You have heard a
substantial amount of reasonable (as opposed to emotional) and legal testimony in opposition to the
project. Some compromises were requested by you and agreed, specifically shortening the business
hours from 24/7 to 18/7, smaller signage, better defining buffers of sound and light. The board's efforts
in this direction and the applicant's voluntary downsizing of the store, elimination of the car wash, plus
his willingness to try to satisfy some objections are appreciated.
The Riley family deserves credit for maintaining the property and grounds. The antique barn,
listed on the assessor data card as built in 1730, stands straight and true, thanks to their stewardship.
The proposed gas station/convenience store/ DunkinDonuts drive-up window is not a use
complementary to the neighborhood. The Memo of Opposition prepared by Fletcher-Tilton
thoroughly addresses reasons this special permit should be denied, and the impossibility of the
applicant's ability to meet the criteria for the ZBA to grant a special permit under Lunenburg's.
Protective By-Law.
As evidence that the Property values of 779, 785, 810 and probably 818 Mass Ave, WILL suffer,
I submit the history of 236 North Street, Leominster, which abuts the Cumberland Farms gas station and
convenience store in King's Corner. (Data from the Multiple Listing Service, map, before/after photos
attached). Additional information was obtained from listing agents and researching records of the
North Worcester County Registry of Deeds.
On 8/1/2003, the 6 room 3 bedroom 2 bath Cape was purchased as a primary residence
for $210,000 by the owner of the abutting, small convenience store/gas station on the
corner of North and Main Streets. The new owner improved the home throughout and
added an above-ground pool.
===PAGE 6===
• Due to relocation of his business and the Cumberland Farms takeover of the store/2-
pump gas station, he listed the house for sale a year later for $274,900 in a strong
market; reduced the price to $269,900—it did not sell; it was rented.
• The house was listed again in 2005 for $264,500; reduced to $248,500; expired unsold in
July of 2006; and was leased again.
• In June of 2007, the house was once more listed for sale, in very good condition, at
$234,900, reduced to $229,900; it expired in October, 2007, abandoned by the owner.
• The house was foreclosed in 7/2008 for its first mortgage amount of $148,487, and
became a FannieMae asset. An equity line of credit in the amount $46,600 was
written off by another creditor.
• it was listed in January of 2009 for $189,900; reduced in February to $149,900. The
listing was canceled unsold in March of 2009 and remains vacant.
• In 2012, Cumberland Farms purchased the adjacent drugstore lot, demolished the small
convenience store and drug store, and built the present 5-pump-island gas station with
a 3500 square foot convenience store. 236 North Street's value has plummeted further.
Agents involved attribute the former small Cumberland Farms gas station as a detriment to
buyers. The house, off the market since 2009, has fallen into disrepair. Shrubbery is over grown, some
windows are boarded. It is a "nonperforming asset" of FannieMae. The attachments show the listings
with photos, and end with photos of the house in October 2014.
A similar fate may be in store for the present abutters/neighbors if the gas station complex at
790 Mass. Ave. is built. Selling, even at depressed values, may be impossible. Refinancing may not be
an option to them. Should you, the Lunenburg ZBA, approve this application, you are instantly slashing
the equity of the nearest residential properties.
779 and 785 Mass. Ave. residents will not only be affected by unavoidable noise (car doors
slamming day and night, music from car radios, orders on the drive-through intercom, traffic
acceleration, dumpster activity), but also by headlights in their windows early and late as cars exit the
station. They and others will be impacted by lighting, starting at 5:00 AM until 11:00 PM all year, as well
as significantly increased traffic. They WILL lose quiet enjoyment, the desirability, the marketability,
and substantial equity of their homes. This directly violates Section 8.3.2.1 of the By-law, condition
(iii) "the granting of the special permit will not adversely affect the neighborhood." IT WILL.
The protection of neighbors' rights should prevail over the right to establish a business which
will FOREVER ALTER THOSE PRESENT RESIDENTS' LIVES AND FORTUNES.
Sincerely,
Binda Marble Sinnez.
Linda Marble Gurney
===PAGE 7===
283-9
N
283-3
283-6
NORWOOD AVE
283:4
NORTH ST
257-12
283-39
283-41
283-46
283-43
416-8
23%
415-6
416-7
41320
416-1
NoRTH ST
416-12
716-15
CUMBIERLANO FARROS
297-20
297-19
297-2
297-16
297-17
297-18
25743
257:11
Legend
Road Labets
Tinen Boundary
Building:
Parcel:
Curb
Driveway Edge
Rasrood Centertine
Sidewas
Tral
Bridges
Parking Areas
Rani Surfacn
City of
Leominster,
Massachusetts
ttp://eis.woodardcurran.com/Leominster
197-4
297-0
297-48
297-49
MAIN ST
297-50
80
1297-7
297-93
92 Feet
Cumberland Farms/236 North St.
This information has been compiled from various public and private sources.
While every attempt has been made to provide
accurate information, neither the municipality nor the service host guarantee the accuracy of information provided herein.
===PAGE 8===
House in 2004 (top)
House in 2014 (bottom)
===PAGE 9===
Garage in 2004
Garage in 2014
===PAGE 10===
View of house and new Cumberland Farms Complex
===PAGE 11===
Last Sale
MLS # 307322430
- Sold
Single Family - Detached
236 NORTH ST
Leominster, MA 01453
Worcester County
Style: Cape
Color:
Grade Schooi:
Middie School:
High School:
Handicap Acress/Features:
Directions:
8/1/2003
List Price: $209,000
Sale Pricel
$210,000
Total Rooms: 6
Bedrooms: 3
Bachrooms: 2f On
Master Bath: No
Fireplaces: 0
Remarks
VERY CHARMING CAPE IN EXCELENT CONDITION, 6RMS 3BRS 1ST FLR FULL BATH, AND ANOTHER FULL BATH ON 2ND FLR
NEWLY FINISHED FAMILY ROOM IN BASEMENT. VERY LARGE FENCED IN BACK YARD WITH LARGE 1 CAR GARAGE AND
PORCH ATTACHED
Property Information
Approx. Living Area: 1248 sq. ft.
Living Area includes:
Living Area Source: Public Record
Approx. Acres: 0.37 (16505 sq. ft.)
Heat Zones: 1 Forced Air
Cool Zanes: 0. None
Garage Spaces: 1 Detached
Parking Spaces: 4 Off-Street
Approx. Street Frontage: 0. ft
Living Area Disclosures:
Disclosures:
Room Levels, Dimensions and Features
Room
Level
Living Room:
1
Dining Room:
1
Family Room:
B
Kitchen:
1
Master Recimom:
1
Bedroom 2:
Bedroom 3:
2
Featurce
Basement: Yes Full
Beach: No
Flouring: Wood
Foundation Size: 00
Foundation Description: Poured Concrete
Hot water: Naturai Gas
Lot Description: Paved Drive
Sewer Utilities: City/Town Sewer
Sewage District: LMNS
Water Utilities: City/Town Water
Waterfront: No
Size
14x12
Features
Flooring - Hardwood
12x10
Flooring - Hardwood
14x12
12x11
Flooring - Hardwood
12x11
12x10
Flonring - Hardwond
Flooring - Hardwood
11x10 Flooring - Hardwood
Other Property Infe
Disclosure Declaration: Yes
Excusions:
tone Own Assh: NOAFee: $0
Lead Paint: Unknown
UFFI: Unknown Warranty Features:
rear Buift: 1951 Source: Pubiic Record™
Year Built Description: Actual
Year Round:
Short Sale w/Lndr.App.Req: Unknown
Lender Owned: Undisclosed
Tax Information
Pin #:
Assessed: $161,800
Tax: $2103.4. Tax Year: 2003
Book: 42012 Page: 11
Cert:
Zoning Code: SINGLE FAM
Map: 0297 Block: 016 Lot: 000
Market Information
Listing Date: 6/9/2003
Days on Market: Property has been on the market for a total of 53 day(s)
Expiration Date:
Original Price: $209,000
Off Market Date: 8/1/2003
Listing. Market Time: MLS# has been on for 53 day(s)
Office Market Time: Office has listed this property for 53 day(s)
Cash Paid for Upgrades:
Seller Concessions at Closing:
Financing: Conv. Fixed
===PAGE 12===
Listedalter improvements
MLS # 70090345 - Expired
9114/2004
STRONG MARKET
Single Family - Detached
236 North Street
List Price: $269,900
Leominster, MA 01453
Worcester County
Style: Cape
Color: Tan
Grade School:
Middle School:
High School:
Total Rooms: 6
Bedrooms: 3
Bathrooms: 2f0h
Master Bath: Yes
Fireplaces: O
Handicap Access/Features:
Directions:
Remarks
Great North Leominster Cape featuring 3 bedrooms, 2 full baths. Beautiful wood floors throughout. Large private flat yard
with in-ground pool, enclosed porch and 1 car garage. Great commuter location.
Property Information
Approx. Living Area: 1248 sq. ft.
Living Area Includes:
Living Area Source: Public Record
Approx. Acres: 0.37 (16505 sq. ft.)
Heat Zones: 1 Forced Air, Gas
Cool Zones: 1 Central Air
Garage Spaces: 1 Detached
Parking Spaces: 4 Off-Street
Approx. Street Frontage:
Living Area Disclosures:
Disclosures:
Room Levels, Dimensions and Features
Room
Level
Living Room:
1
Dining Room:
1
Size
Features
15x13
Flooring - Hardwood
12x11
Family Room:
Kitchen:
Master Bedroom:
Bedroom 2:
1
1
2
Bedroom 3:
Flooring - Stone/Ceramic Tile
12x12 Floring - Hardwood
13x12
10x12
Bath 1:
Bath 2:
Laundry:
1
B
Features
Appliances: Range, Refrigerator
Area Amenities: Public Transportation, Shopping
Basement: Yes Full, Partially Finished
Beach: No
Construction: Frame
Electric: Circuit Breakers, 100 Amps
Energy Features: Insulated Windows, Insulated Doors, Storm Doors
Exterior: Aluminum
Flooring: Wood, Vinyl
Foundation Size: Irreg
Foundation Description: Concrete Block
Hot Water: Natural Gas, Separate Booster
Insulation: Full
Interior Features: Security System, Cable Available
Lot Description: Paved Drive
Road Type: Public, Publicly Maint.
Roof Material: Asphalt/Fiberglass Shingles
Sewer Utilities: City/Town Sewer
Utility Connections: for Gas Range, for Gas Dryer, Washer Hookup
Other Property Info
Disclosure Declaration: Yes
Exclusions:
Home Own Assn:
Lead Paint: Unknown
UFFI: No Warranty Features: No
Year Built: 1951 Source: Public Record
Year Built Description: Approximate
Year Round: Yes
Short Sale w/Lndr.App.Req: Unknown
Lender Owned: Undisclosed
Tax Information
Pin#:
Assessed: $166,200
Tax: $2104.09 Tax Year: 2004
Book: 4873 Page: 62
cert:
Zoning Code: Res
Map: Block: Lot:
Water Utilities: City/Town Water
Waterfront: No
Firm Remarks
Ready for immediate occupancy.
===PAGE 13===
Market Information
Listing Date: 9/14/2004
Days on Market: Property has been on the market for a total of 92 days)
Expiration Date:
Original Price: $274,900
Off Market Date: 12/14/2004
Sale Date:
Listing Market Time: MLS# has been on for 92 day(s)
Office Market Time: Office has listed this property for 92 day(s)
Cash Paid for Upgrades:
Seller Concessions at Closing:
===PAGE 14===
Re-listed 12/5/2005 Still strongmarket
MLS # 70301604 - Expired
Single Family - Detached
236 North Street
Leominster, MA 01453
Worcester County
Style: Cape
Color: Tan
Grade School:
Middle School:
High School:
Handicap Access/Features:
Directions: Rte 13 North - Right on North St.
List Price: $248,500
Total Rooms: 7
Bedrooms: 3
Bathrooms: 2f Oh
Master Bath: No
Fireplaces: 0
Remarks
Nice cape on large level lot! Detached garage! Updated kitchen! Hardwood floors! Two bathrooms! Central Air! Finished room
in basement! Quick closing possible!
Property Information
Approx. Living Area: 1373 sq. ft.
Living Area Includes:
Living Area Source: Public Record
Approx. Acres: 0.37 (16505 sq. ft.)
Heat Zones: 1 Forced Air, Gas
Cool Zones: 1 Central Air
Garage Spaces: 1 Detached
Parking Spaces: 4 Off-Street
Approx. Street Frontage: 60 ft
Living Area Disclosures:
Disclosures: Room sizes are approx.
Room Levels, Dimensions and Features
Room
Level
Living Room:
1
Dining Room:
1
Size
15x13
12x11
Family Room:
Kitchen:
Master Bedroom:
1
1
Bedroom 2:
Bedroom 3:
12x12
13x12
10x12
Bath 1:
Bath 2:
1
1
Laundry:
Features
Flooring - Hardwood
Flooring - Hardwood
Flooring - Stone/Ceramic Tile
Flooring - Hardwood
Flooring - Hardwood
Flooring - Hardwood
Flooring - Hardwood
Bathroom - Full
Bathroom - Full
--
Features
Appliances: Range, Dishwasher
Basement: Yes Full, Partially Finished
Beach: No
Construction: Frame
Electric: Circuit Breakers, 100 Amps
Energy Features: Insulated Windows, Insulated Doors
Exterior: Aluminum
Flooring: Wood, Tile, Vinyl
Foundation Size: 26x36
Foundation Description: Concrete Block
Hot Water: Natural Gas, Tank
Interior Features: Security System, Cable Available
Lot Description: Paved Drive
Road Type: Public, Paved, Publicly Maint.
Roof Material: Asphalt/Fiberglass Shingles
Sewer Utilities: City/Town Sewer
Utility Connections: for Gas Range, for Gas Dryer, Washer Hookup
Water Utilities: City/Town Water
Waterfront: No
Other Property Info
Disclosure Declaration: Yes
Exclusions:
Home Own Assn:
Lead Paint: Unknown
UFFI: Unknown Warranty Features: No
Year Built: 1951 Source: Public Record
Year Built Description: Approximate
Year Round: Yes
Short Sale w/Lndr.App.Req: Unknown
Lender Owned: Undisclosed
Tax Information
Pin#:
Assessed: $210,800
Tax: $2274.53 Tax Year: 2006
Book: 4873 Page: 62
Cert:
Zoning Code: RA
Map: 297 Block: 16 Lot:
Firm Remarks
Ready for immediate occupancy.
Market Information
===PAGE 15===
Listing Date: 12/5/2005
Expiration Date:
Original Price: $264,500
Off Market Date: 6/10/2006
Sale Date:
Listing Market Time: MLS# has been on for 184 day(s)
Days on Market: Property has been on the market for a total of 184 days) Office Market Time: Office has listed this property for 184 day(s)
Cash Paid for Upgrades:
Seller Concessions at Closing:
===PAGE 16===
The information in this listing was gathered from third party sources including the seller and public records. MLS Property Information Network and its subscribers disdaim any and
all representations or warranties as to the accuracy of this information. Content @2014 MLS Property Information Network, Inc.
Linda Marble Gurney, CRB, EXIT New Options RE, 978-345-3948 × 103
===PAGE 17===
Relist 6/26/2007
MLS # 70605679 - Expired
Single Family - Detached
236 North St.
List Price: $229,900
Leominster, MA 01453
Worcester County
Style: Cape
Total Rooms: 6
Color: Tan
Bedrooms: 3
Grade School: Johnny Applesee
Bathrooms: 25 0h
Middle School:
Master Bath: No
High School: Leominster High
Fireplaces: 0
Handicap Access/Features:
Neighborhood/Sub-Division: North Leominster, King's Corner
Directions: Rte 13 to King's Corner house behind Cumberland Farms, on North
Remarks
No. Leominster Cape features 3 bedroom, cabinet kitchen, frml dining, LR & bath w/jet tub on first level. 2 bedrooms & 2nd
ath with Shower on second floor. Spacious yard for children to play & above ground pool for summer enjoyment. Detache
arage with attached enclosed screened in porch. HW floors, replacement windows thruout. Seller will consider ren
w/option, or rental @ $1,400. per mo.
Property information
Approx. Living Area: 1082 sq. ft.
Living Area Includes:
Living Area Source: Public Record
Approx. Acres: 0.37 (16505 sq. ft.)
Heat Zones: 1 Forced Air, Gas
Cool Zones: 0 None
Garage Spaces: 1 Detached
Parking Spaces: 6 Off-Street
Approx. Street Frontage:
Living Area Disclosures:
Disclosures:
Room Levels, Dimensions and Features
Room
Level
Living Room:
1
Dining Room:
1
Kitchen:
1
Master Bedroom:
1
Bedroom 2:
2
Bedroom 3:
2
Bath 1:
1
Bath 2:
2
Laundry:
Features
Appliances: Range, Refrigerator
Basement: Yes
Beach: No
Construction: Frame
Electric: 220 Volts
Energy Features: Insulated Windows
Exterior: Aluminum
Flooring: Wood
Foundation Size: 00×00
Foundation Description: Poured Concrete
Hot Water: Natural Gas
Insulation: Unknown
Interior Features: Cable Available
Lot Description: Paved Drive
Road Type: Public, Publicly Maint.
Roof Material: Asphalt/Fiberglass Shingles
Sewer Utilities: City/Town Sewer
Size
Features
14x12
Flooring - Hardwood
12x10 Flooring - Hardwood
12x11
12x12
Flooring - Hardwood
12x12
12x12
-
Utility Connections: for Gas Range, for Electric Dryer, Washer Hookup
Water Utilities: City/Town Water
Waterfront: No
Market Information
Other Property Info
Adult Community: No
Disclosure Declaration: No
Exclusions:
Home Own Assn: No
Lead Paint: Unknown
UFFI: Unknown Warranty Features: No
Year Built: 1951 Source: Public Record
Year Built Description: Approximate
Year Round: Yes
Short Sale w/Lndr.App.Req: Unknown
Lender Owned: Undisclosed
Tax Information
Pin #:
Assessed: $212,200
Tax: $2308.74 Tax Year: 2007
Book: 4873 Page: 62
Cert:
Zoning Code: Res B
Map: 0297 Block: 0016 Lot: 0000
===PAGE 18===
Listing Date: 6/26/2007
Expiration Date:
Original Price: $234,900
Off Market Date: 10/26/2007
Sale Date:
Listing Market Time: MLS# has been on for 123 day(s)
Days on Market: Property has been on the market for a total of 123 days) Office Market Time: Office has listed this property for 123 days)
Cash Paid for Upgrades:
Seller Concessions at Closing:
===PAGE 19===

===PAGE 20===
The information in this listing was gathered from third party sources including the seller and public records. MLS Property Information Network and its subscribers disclaim any and
all representations or warranties as to the accuracy of this information. Content ©2014 MLS Property Information Network, Inc.
Linda Marble Gurney, CRB, EXIT New Options RE, 978-345-3948 x 103
===PAGE 21===
Post foreclosure kishing
MLS # 70862338 - Canceled
Single Family - Detached
236 North St
Leominster, MA 01453-6819
Worcester County
Style: Cape
Color: white
Grade School:
Middle School:
High School:
Handicap Aocess/Features:
Directions: easy to show Lock box
1/9/2009
Cancelled 3/6/2009
UNsOrD
List Price: $149,900
Total Rooms: 7
Bedrooms: 3
Bathrooms: 2f 0h
Master Bath:
Fireplaces: 0
Remarks
IOT A SHORT SALE!!!! Leominster cape convenient to everything. Partially finished basement. Detached garage. Property i
eing sold "as is". Buyer is responsible to verify all information since it was obtained from 3rd party sources. Any bettermen!
shall be at the buyer's expense. Special forms and prequal required with all offers.
Property Information
Approx. Living Area: 1082 sq. ft.
Living Area Includes:
Living Area Source: Public Record
Approx. Acres: 0.38 (16505 sq. ft.)
Heat Zones: Forced Air, Gas
Cool Zones: None
Garage Spaces: 1 Detached
Parking Spaces: 3 Off-Street
Approx. Street Frontage:
Living Area Disclosures:
Disclosures: Property sold "as is". Special forms and prequal required.
Room Levels, Dimensions and Features
Room
Level
Size
Features
Features
Area Amenities: Public Transportation, Shopping, Park, Walk/Jog Trails, Medical Facility,
Laundromat
Basement: Yes Partially Finished
Beach: No
Construction: Frame
Exterior: Aluminum
Foundation Size: unknown
Foundation Description: Other (See Remarks)
Lot Description: Paved Drive
Road Type: Paved, Publicly Maint.
Roof Material: Asphalt/Fiberglass Shingles
Sewer Utilities: City/Town Sewer
Terms: Contract for Deed
Water Utilities: City/Town Water
Waterfront: No
Other Property Info
Adult Community: No
Disclosure Declaration: No
Exclusions:
Home Own Assn: No
Lead Paint: Unknown
UFFI: Unknown Warranty Features:
Year Built: 1951 Source: Public
Record
Year Built Description: Approximate
Year Round: No
Short Sale
w/Lndr.App.Req: Unknown
Lender Owned: Undisclosed
Tax Information
Pin #: M:0297 B:0016 L:0000
Assessed: $211,000
Tax: $2374 Tax Year: 2008
Book: 6756 Page: 369
Cert: 11662
Zoning Code: unknown
Map: Block: Lot:
Market Information
Listing Date: 1/9/2009
Days on Market: Property has been on the market for a total of 56 days)
Expiration Date:
Original Price: $184,900
Off Market Date: 3/6/2009
Sale Date:
Listing Market Time: MLS# has been on for 56 day(s)
Office Market Time: Office has listed this property for 56 day(s)
Cash Paid for Upgrades:
Seller Concessions at Closing:
===PAGE 22===
The information in this listing was gathered from third party sources including the seller and public records. ML Property Information Network and its subscribers disdaim any and
all representations or warranties as to the accuracy of this information. Content ©2014 MLS Property Information Network, Inc.
Linda Marble Gurney, CRB, EXIT New Options RE, 978-345-3948 × 103
===PAGE 23===
IVE
October 19, 2014
Dear Zoning Board,
OCT
21.201
I have a few NEW points for the public record figarding 790 Mass Ave for your consideration:
1. In Mr. Bowen's summation of his thought process at the end of the last meeting, he dismissed
the FHA requirement rather handily and I think in doing so missed the essence of the issue.
If a potential buyer is qualified for an FHA loan and the property fails to meet the property
requirements, they can't just simply go to another bank. Sometimes they are only qualified
for an PHA loan. Going to another bank may mean a higher interest rate or other "material
adverse affects". Often an FHA loan allows for a smaller down payment. Therefore, the
buyer pool for an undesirable house abutting a gas station is shrunk even more, making a
difficult sale even more difficult.
2. I appreciate Mr. Bowen's sympathy for the police officer across the street from the site, but
please keep in mind that the reduced station hours and any partially mediated sound and light
issues will not change the fact that she will still live across from a gas station. Regardless of
the physical negatives, her property values are forever materially diminished -- same as the
other nearby abutters. Even the condominiums values are at risk in a smaller way. Before I
chose Stone Farm Estates, I considered Blue Heron Condominiums in Lancaster. One of the
major negatives for me was the street that it was off of. It was a little rough around the edges
and not appealing. Those condominiums' values are somewhat reduced by my decision just
due to basiç supply and demand. Eventually, less buyers equal lower prices.
Regarding the traffic study report, they mention "vehicles",
" but my observations in other
similar gas stations showed that trucks are a significant percentage of the customer base.
Does their study address that? Trucks exacerbate the noise and traffic issues quite a lot.
Additionally, they stated that their study goes until 2021. Did we hear the current values or
the future values? In either case, why are we only looking out 6 years? That is a very
short-sighted view. I would hope that town planners are a little more far-sighted than that in
looking out for the public good. Did their traffic study take into account the aging population
at the condominiums?
Regarding the traffic study's conclusion of 1 to 3 cars per minute exiting and entering at peak
commuter times, I strongly disagree with those estimates. My previous monitoring of a
comparable site did not use peak commuter times in an effort to be conservative. But
because they used peak times, I have since conducted additional traffic monitoring at peak
times at the Mobil station on Leominster-Shirley Rd. At peak commuter times, I abserved
an average of 5.2 cars per minute. Because Route 2A is a more travelled road and the Mass
Ave site has more uses, I conclude that 6-7 cars per minute is a realistic estimate at peak.
This is easy, for you to observe and corroborate and does not come out of a traffic handbook.
Just go to the station at 5:30pm and watch - it is like Grand Central Station: Good for
business for Mr. Archer, but horrible for our neighborhood's safety
100C0O Dr
1O0i:
===PAGE 24===
5. The site plan states that 13.8% of the area is wetlands compared to the required 10%
maximum. There is a notation of existing non-conforming, but because it is a different
building in a different spot on the lot, it doesn't make sense why the 13.8% would now be
acceptable. Please explain this.
6. Could the applicant state if there are any plans to recycle the historic barn in an
environmentally sensitive manner?
7. The site plan (Rev 3) does not include the mentioned sandwich shop nor the ATM as
proposed uses. Should they be included? Are there any other uses the applicant plans on
adding that are not listed on the site plan? In the past, the applicant applied for a Beer &
Wine license in Littleton. Is that request coming soon here too? Pretty soon, this will be a
full-fledged shopping center. The more uses are added, the greater the traffic issues. Should
the traffic study include all the mentioned uses?
In conclusion, I am greatly troubled in the direction this Application and Public Hearing is
going. The overwhelming public opposition to the project is clear, yet the facts and arguments
presented do not appear to be any part of the decision process. Of course, we haven't heard all
members opinions yet and the vote is not in; but most of what I've seen indicates that the public
is not being heard. The opposition arguments -- and a little common sense — clearly substantiate
Section 8.3.3.2, yet it does not seem to be enough. The applicable section states "the
board...shall assure...". However, a vote to approve will contradict that obligation. It does not
say it is optional or a matter of personal preference. No doubt, some of the uses are attractive to
many. But the gas station puts it over the top. As a newcomer to Lunenburg, I am saddened
that the village atmosphere is at risk. Please seriously consider your obligations to protect the
safety and interests of the townspeople.
Regards,
Weny Blath
Wendy Blatt
44 Riley Rd.
Lunenburg, MA
===PAGE 25===
LOCATION (circle one): 25KingLittleton, Archer-Aver,
Mobil-Lunenburg (L-S Road)
2A@Riley Rd, Other:
Date
10/10
10/14
1dp5
10/17
Time
Time
Start
End
5.2b
5:36
5:04/5:14
7:03
11,18
5.35:38
Minut
es
10
Vehicles Entering or Exiting gas station
(ticks)
Total
Vehicles
57
62
Avg
Vehicles
/Minute
5.7
6.2
15 AKD
be panes
1014
16
35
####
147
6,4
4.2
10
362 5.2
Instructions: Pick one or two locations of your choosing. One sheet per location. Park in the station with good visibility of all entrances.
Count vehicles entering and exiting for at least 10 minutes. Different times of day ornight, if possible, different weekdays or weekends.-
Commuter tires and non-commuter times. 4-5 samplings per person should be enough to provide a sufficient quantity of data when combined,
PeAK
whieft I will do when all the data has been collected. Please return to Wendy Blatt #44 by 9/27.
ONLY
Questions to wendyb444@gmail.com, 978-877-0650
NOTE: For 2A@Riley Road monitoring, change ENTERING or EXITING to EAST or WEST
SUBMITTED BY:
DATE:
===PAGE 26===
39 Riley Road
Lunenburg, MA 01462
October 21, 2014
Mr. Donald Bowen
Zoning Board of Adjustment
Town Hall
Lunenburg, MA 01462
1.
MING
Re: Proposed gas station on MA Avenue
Dear Mr. Bowen,
In a letter i wrote you in September, I mentioned that residents of Stone Farm Estates can hear the
numbers called by Conrad's Restaurant. After my letter was read into the record at your October
meeting, an acquaintance told me she can hear that, also, and she lives on West Street. Amazing that
such a small sound can travel that distance!
I mentioned Conrad's call system, not to complain, because it is fairly innocuous. I wanted to make the
point at how far sounds travel in a quiet neighborhood. I was pleased to hear you say at the October
meeting that you were concerned about the gas station lights and sounds impact upon the lady who
lives directly across the street from the property. I hope your concern extends to the hundreds of
neighbors who five in the area bounded by MA Avenue, Sunnyhill Road, and West Street.
Sincerely,
carolTShone
Carol McShane
===PAGE 27===
Oct. 23, 2014
FARTME
OCT 27 2034
Town Of Lunenburg Zoning Board of Appeals
Re: Continuation of hearing for Special Permit at 790 Mass Avenue for the construction and use of the
site for a gasoline station and convenience store with a drive thru window and larger sign.
I would again like to express my opposition for the above request for a Special Permit. I still feel that
traffic will be an issue for residents exiting Riley Road. Residents exiting Riley Road and turning right will
immediately encounter traffic entering and exiting the proposed site at two curb cuts. Exiting left is
already an issue because of the curb in the road and the speed of oncoming cars.
CURVE
The other issue concerns the residents on the North side of Mass Avenue directly across from the
These residents will see the lights from the site along with vehicle headlights entering and exiting the
that there would be no illumination of the site when the business is closed? Or does the site remain
illuminated all night long. These residents will also be subjected to the noise from car doors. They will
also hear the ordering process from the drive up window.
I would urge the Zoning Board to consider these issues and the inappropriate use at this location as it is
not in keeping with the character of the neighborhood. If the Board feels they want to grant this Special
Permit, I would urge the Board to NOT GRANT the request for a drive thru window.
Thank you for your thoughtful consideration.
Louise Boyle
29 Riley Road
Lunenburg, MA 01462
PRAIL AOME
COrder 0000
14133
===PAGE 28===
October 19, 2014
Lunenburg Zoning Board of Appeals
Ritter Memorial Building
960 Massachusetts Ave.
Lunenburg MA 01462
OCT 2? 200
B1:-
Dear Board Members,
We have lived at 818 Massachusetts Ave for almost 10 years and abut the property at 790 Massachusetts Ave
currently being petitioned for a Special Permit for a Gasoline Service Station & Convenience Store w/drive thru
window for coffee.
We have been to the two meetings held and agree with all of the concerns that have been brought up and will
not rehash them in this letter. We would like to bring up a few items that have not been brought up.
First, the Fire/Police Station is not too far from the site. Have you thought about a 9 second wait with traffic on
both sides and a fire truck or police car comes around the corner and there is nowhere for them to go. A 9
second wait for them to get by could be life or death for someone. After living on this road for almost 10 years:
we can attest to the fact that they go by often enough to warrant concern.
Second, we are relieved that operating hours of 24/7 is now off the table but still feel that 11:00pm is late for
closing. The majority of Gas Station or Convenience stores in the vicinity are closed by 10:00pm.
Third, there was talk of the lighting not being disruptive to neighbors. Where we would have to deal with the
lighting while the facility is open, our concerns are whether the sign and most of the lighting around the building
will stay on upon closing.
We urge you to consider whether you have protected us as residents of Lunenburg as detailed in the town By-
Laws Section 8.3.3.2 below:
In granting any Special Permit, the Board of Appeals shall assure that the
proposed use:
a) Will not be injurious or dangerous to the public health or unduly hazardous because of traffic
congestion, danger of fire or explosion or other reasons.
b) Will not have a material adverse effect on the value of land and buildings in the neighborhood or on
the amenities of the neighborhood.
c) Will be operated with reasonable regard for order and sightliness, if an open use.
d) Will not produce noise, vibration, smoke, dust, odor, heat or glare observable at the lot lines in
amounts clearly detrimental to the normal use of adjacent property.
Thank you all for your time to be members of this Board. We all have families, jobs and such and this takes
you away from them. We appreciate your time.
Respectfully,
Kevin & Sonia LeBlanc
===PAGE 29===
Sharon Donahue
35 Riley Road Lunenburg, MA 01462 USA
October 27, 2014
Donald F. Bowen, Chairman
Zoning Board of Appeals
Ritter Memorial Building
960 Massachusetts Avenue
Lunenburg, MA 01462
Dear Chairman Bowen;
Re: Gary Archer Proposal
Having attended the last two meetings of the Lunenburg Zoning Board of Appeals and
carefully reviewing the Traffic Impact and Access Study (TECH) prepared by GPI
concerning the proposed Mobil station at 790 Mass Avenue, I still have serious concerns
about safety for drivers, cyclists and pedestrians.
The TECH study states that the proposed development will result in increases in traffic
on the study area roadways especially during peak hours, which are listed at 7:00 to 8:00
am and 4:00 to 5:00 pm. Let's compare this to the existing traffic. The Bonjour School
at 742 Mass Avenue has 50 children. The drop-off times are exacting the same 7:00 to
8:00 am and the pick-up times are 4:00 to 5:30pm. The Director of The Bonjour School,
Linda Smith, tells me her parents already have an issue with traffic safety: The St.
Boniface Early Education School at 817 Mass Avenue services 30 families that will also
have to deal with the increase in traffic caused by the proposed gas station across the
street. According to the Lunenburg Bus Route Schedule for 2014-2014 public school
buses are picking up and stopping for students along Mass Avenue between 7:00 and
8:00 am.
Once development is complete Stone Farm Estate will have 58 units with at least 80 cars
that exit and enter Riley Road on a daily basis. Many of our residents still commute to
work especially at the peak morning times. According to the TECH study the proposed
development is expected to generate 98 new trips during the weekday AM peak hour and
93 new trips during weekday PM peak hour. Residents and visitors at Stone Farm will
definitely be impacted by this increased traffic.
Consider for a moment the statistics concerning the difference between a multi-use
development with and without a drive through. On Saturdays without a drive through the
TECH study estimates a total of 452 trips. With a drive through the numbers jump to
774 - more than 300 cars coming and going onto Mass Avenue. People attending the
4:00 pm Mass at St Boniface Parish with be forced to deal with this additional traffic.
===PAGE 30===
It's interesting that the TECH study predicts 0 conflict with pedestrians. Yes, there
is a pedestrian walkway across Mass Avenue, however, there are no sidewalks traveling
east and the Archer's plans do not consider the dangers presented for both pedestrians
and cyclists trying to pass in front of the proposed busy gas station. In contrast the Mobil
gas station in Ayer that Mr. Archer owns has an existing sidewalk making it possible for
pedestrians to cross in front of the station safely.
For these three reasons as well as many other objections, I strongly urge the Zoning
Board to vote "No" on this proposal.
Thank you for reading this letter at the November 12th meeting for all participants to
consider.
Sincerely,
Sharon Donahue
===PAGE 31===
0 4.
Dear Mt. Bowen and members of the Board of Appeals,
DEGERVE
NOW = 4 2014
BY:
I am the owner of 779 Massachusetts Avenue which is the property directly across the street from the gas
station project that has been proposed by Mr. Archer at 790 Massachusetts Avenue. I would just like to
stress my strong objection to this project one last time before next weeks meeting in the hopes that you and
your colleagues minds are still trying to make a decision on whether or not to approve it.
I understand that you must follow the laws and local regulations but in my opinion Mir. Archer's team has
not shown that that this project will not seriously affect the current local residents surrounding the property
in question. The following are some reasons why I don't believe he has met the criteria required for this
project.
1. The adverse affect this project would have on my property value and it's potential desirability for sale
would be severely harmful to me. I have done some research online with similar situations and have seen
that an abutting gas station's negative impact on residential property values can range from 10-30%. I make
a modest wage at the factory I work at and with the current value of my property even a loss of 10% is
equivalent to half a year's salary to me. On the high end it's approximately 1.5 years salary. This home is
basically my retirement plan as I don't make enough to fund a nice retirement plan and afford day to day
living expenses. I know this is no one's business but my own but I want you to understand where I'm
coming from when I object to this project. It may seem like small potatoes to some but to me it is very
important. As far as desirability goes, if this project goes through, do you know anyone who'd be interested
in purchasing a nice little ranch with a lovely gas station view?
2. Yes the traffic study has been done and according to his person who conducted it, it meets the bare
minimum criteria to be considered safe. As anyone who lives on this stretch of road knows, common sense
would completely contradict that statement. For example, when I am stopped on the eastbound side of the
road waiting to make a left turn into my driveway I have vehicles flying by me on the right hand side of my
car almost on the curb of the road doing at least 40mph. According to where the proposed entrance will be
(almost directly across from my driveway) how is this not an unsafe situation? Who will there be to blame
when the accidents start happening and what will be done to fix the problem? Will we then be putting in
traffic lights in front of my house so I can safely enter and exit my property? This just seems like a project
that will get worse and worse for the abutting property owners.
3. The lighting and noise issues that have been raised in the meetings, mostly from my neighbors in the
condo community, have not been addressed to those of us who live on Mass Ave. Fencing and landscaping
have been discussed between the proposed station and Riley Road but what would be done for those of us
across the street and just to the east of 790 Mass Ave? We are far closer to where the concentration of both
the lighting and noise would be coming from. I at 779 and my neighbor at 785 will both be having their
customers headlights pointing through our living room windows while their customers are getting gas. Then
there are the canopy lights that will surely be plenty bright enough to light up our yards a mere 50 feet
across the street from them. There will be nothing to deaden the sounds of the radios from the younger
people's cars that will be filling up with their windows down in the warmer months who always have them
cranked up. And what of the sound of the delivery vehicles with their pumps and air brakes?
4. When the condos went in and the trees were cleared out to make room for them it created a massive
wind tunnel that cutrently funnels through my property. My neighbors in the condos probably won't notice
it, but without question the hazardous fumes from the cars filling up and especially from the delivery vehicles
is going to be sent straight through the properties at 779 and 785 Mass Ave. Another issue with this tunnel
effect is the trash that will be collecting in our yards that will be blowing across the street that people always
seem to drop on the ground at businesses like this. Cigarette wrappers and boxes, napkins and brown bags
from the donut shop, losing lottery tickets and scratch tickets, etc....
===PAGE 32===
Like I had said in the beginning, I understand you all must follow the laws and regulations. I also believe it
is your duty as Board of Appeals members to protect the local residents from these very issues is it not? I
strongly urge you all to truly consider the impact a business like this will have on the lives of current local
residents and their ability to enjoy them in this beautiful little town we call home.
Best Regards,
Euclide J. Joyal Ill
779 Massachusetts Avenue
===PAGE 33===
Donald G. Gurney
37 Riley Road
Lunenburg, Massachusetts 01462-1358
October 31, 2014
NOV 1E 5.2014
BY.
Zoning Board of Appeals
Town of Lunenburg
Ritter Memorial Building
970 Massachusetts Avenue
Lunenburg, Massachusetts 01462
Dear Chairman and Members of
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 held at Town Hall on
Wednesday, October 8, 2014, a copy of the remarks I made at the meeting and public
hearing.
In my opinion the application of Mr. Archer for a Special Permit relating to 790
Massachusetts Avenue, Lunenburg, Massachusetts is incomplete and accordingly is not
properly before the Zoning Board of Appeals for consideration at this time because the
requirements of Section 8.3.3.2.b) of the Protective Bylaw of the Town of Lunenburg
have not been met. That provision states that "In granting any Special Permit, the Board
of Appeals shall assure that the proposed use:... b) Will not have a material adverse
effect on the value of land and buildings in the neighborhood or on the amenities of the
neighborhood."
In his application, Mr. Archer has stated that "B. A well run convenience store
and gas station will positively affect the neighboring area with a look and fit that will
complement the community. The applicant intends to have a drive through for a Coffee
shop as well as a sandwich offering. The applicant does not wish to restrict his hours of
operation and would like to point out that the proposed site is isolated from the
surrounding neighbors by non-buildable/land and/or roadways on all sides. Therefore,
any potential negative affect of noise and sight are diminished over the area and the
potential for vegetative buffer trees exists."
This language in Mr. Archer's application, while it may purport to satisfy the
requirements of Section 8.3.3.2.b) of the Protective Bylaw, is not supported by any
independent evidence and as it stands is a mere ipse dixit (i.e., an assertion without
proof). In my opinion, the Board of Zoning Appeals would be well advised to require
Mr. Archer, in order to complete his application, to submit to the Zoning Board of
Appeals an appraisal prepared by a licensed M.A.I. appraiser with expertise in the
2387765.1 001098 CORR
===PAGE 34===
-2-
Lunenburg, Fitchburg and Leominster area and stating that the use of 790 Massachusetts
Avenue proposed by Mr. Archer "will not have a material adverse effect on the value of
land and buildings in the neighborhood".
Thank you for your attention to the foregoing.
Very truly yours,
Donald A. Aarney
Donald G. Gurney
2387765.1 001098 CORR
===PAGE 35===
REMARKS OF DONALD G. GURNEY AT PUBLIC HEARING OF LUNENBURG ZONING
BOARD OF APPEALS - OCTOBER 8, 2014 AT 7:00 P.M.
Mr. Chairman and Members of the Zoning Board of Appeals.
My name is Donald Gurney. I live at 37 Riley Road in the Town of Lunenburg.
I appreciate having had the opportunity to speak at the public hearing held on
September 10, 2014 and to submit a written copy of my earlier remarks to the Board for
inclusion in the minutes of that public hearing.
First, I would like to comment on the characterization of the Stone Farm Estates as a
"retirement community". I would like to point out that Stone Farm Estates is more accurately
described as a "55 and over community" rather than as a "retirement community". At present
sixteen of the forty-seven (or more than one-third) of the condominiums at Stone Farm are
occupied by one or more residents who are not retired but rather are working full time, myself
and my wife Linda being included among those in the workforce and not retired.
Second, I would like to respond to one of the questions raised at the September 10, 2014
public hearing, to wit, whether the residents of Stone Farm were advised of the possible
commercial use of the former Riley Package store site at the time they purchased their
condominiums. In response to that question, my wife Linda and I purchased our condominium
at Stone Farm in 2008 from JCJ LLC, the original developer of Stone Farm Estates. We were
not advised of the possible commercial use of the former Riley Package store site at the time we
made our purchase. However, had we been so advised, I think we would have contemplated that
the commercial use would have been another package store or similar retail business allowed in a
commercial zone without a special permit from the Zoning Board of Appeals, rather than a 24/7
gasoline station with ten gasoline pumps, a convenience store with a drive-through window and a
carwash, which are clearly inappropriate for our residential neighborhood.
Third, in the interest of saving time, I would ask you to take into account in your
deliberations the considerations more fully addressed in the Memorandum in Opposition
submitted to you by FletcherTilton PC, on behalf of Stone Farm, LLC and Stone Farm Estates
Condominium Trust, and in the correspondence submitted to you by Elaine Mroz of 64 Chestnut
Street, by Carol and John McShane of 39 Riley Road, by my wife Linda Marble Gurney and by
others.
In closing, once again I urge you to deny the Special Permit requested by Mr. Archer.
Thank you.
2377960.1 001098 FILE
===PAGE 36===
40 Riley Road
Lunenburg, Massachusetts 01462
• November 7, 2014
Лесин
11-12-14
6:35 pr
Mr. Donald F. Bowen, Chairman
Lunenburg Zoning Board of Appeals
Ritter Memorial Building
960 Màssachusetts Avenue
Lunenburg, MA 01462
Dear Mr. Bowen:
The purpose of this letter is to strongly oppose the Appeal for Special Permit pertaining to Mr. Gary
Archer and the property located at 790 Massachusetts Avenue, Lunenburg, MA 01462. This project
clearly does not meet the standards set forth in your By-Laws. It is not an appropriate location, it is
not compatible with the existing neighborhood, and it will adversely affect the neighborhood.
You have already received expert testimony regarding the issue of diminished property values of the
abutting residential dwellers. In addition, we heard you make a passionate case regarding the lighting
and how it would affect the neighbor across the street, and you stated specifically that you would not
vote in favor of granting the appeal unless hours of operation were curtailed. So, hours were
curtailed. In my mind, a larger issue than the lighting is the issue of diminished property values, and
this issue cannot be remedied as easily as you remedied the issue of lighting and hours.
If this project is approved and built, it will change the neighborhood irrevocably. The neighbor across
the street for whom you made the passionate plea regarding lighting will not, should she ever decide
to sell her property, be able to recover her cost, and she may never be able to find a buyer.
One fina! point, although I recognize that this may not play into your deliberations, is that you already
have one dead gas station in the center of Lunenburg: What will you do; should the occasion ever
arise, with two of them:
Piease do not grant this Special Permit.
Respectfully submitted;
David H. King
40 Riley Road
===PAGE 37===
FINITY Connect
Inormandin1@comcast.net
+ Font Size:-
Fwd: FHA Requirement re Gas Station
From : bowdon@comcast.net
Subject : Fwd: FHA Requirement re Gas Station
To : IISA NORMANDIN <Inormandin1@comcast.net>
Wed, Nov 05, 2014 02:36 PM
@ 1 attachment
From: "Larry Marshall" <larry@marshalls.us.com>
To: "bowdon" < BOWDON@comcast.net>
Sent: Wednesday, November 5, 2014 1:57:19 PM
Subject: FHA Requirement re Gas Station
Dear Mr. Bowen,
Attached is an excerpt from FHA's Homebuyer Disclosures - Frequently Asked Questions regarding the issue we discussed. Question 25
at the top of the page deals directly with this issue. It has been my experience that a lender might require a water test on a property
within 300 feet of a gas station that has a well as the water supply, but thạt a property connected to a public water system would
typically have no added requirements.
I hope this helps to clarify the matter.
Lawrence W. Marshall
Certified General Real Estate Appraiser ~ Massachusetts 1909; New Hampshire NHCG-789
P.O. Box 122; Lunenburg, MA 01462
(978) 343-500 ~ Larry@Marshalls.us.com
1122 Homebuyer Disclosure - Excerpt re Gas Station Proximity, patt
===PAGE 38===
Homebuyer Protection Plan - Frequently Asked Questions
25. Please address the eligibility of properties located within 300 feet of a gas station.
This would not necessarily render the property unacceptable. The DE Underwriter is required to
provide a written disclosure to the borrower that the property is located within 300 feet of a gas
26. Please clarify VC6 Private Road - "show evidence access is protected by a permanent recorded
easement". Will the ALTA policy suffice?
The title search should reveal recorded easements. However, it is the DE Underwriter's
responsibility to determine if the title policy shows sufficient evidence of a permanent recorded
easement.
27. Is there a requirement for smoke detectors?
Although FHA strongly recommends them, smoke detectors are not a nationwide HUD requirement
at this time. The 203(k) rehabilitation program requires that smoke detectors be installed adjacent
to sleeping areas.
28. Page 2-1-C of the Handbook states that, if a dwelling is less than 2 years old, the appraiser must
indicate the year and month the home was completed. Please define the term "completed" and explain why
this information is necessary.
The purpose of this provision is for the application of the Cost Approach. The Handbook
requirement will be reduced from two years to "less than one (I) year old." "Complete" is defined as
100 percent complete and nothing needs to be done.
29. Many properties will be ineligible for FHA financing under the guideline for overhead high-voltage
transmission lines because they are located within the fall distance of a radio or TV cable tower or satellite
dish. Is there anything the lender can do to render these properties eligible for insurance?
The DE Underwriter may obtain a certification from the appropriate utility company or local
regulatory agency that the property conforms to local standards and is safe.
30. Page 2-10, of the Handbook states that low voltage power lines may not pass over any structure on the
property. Please define the term "structure."
"Structure" is limited to the primary living unit. Should the appraiser indicate that the lines pass the
structures, the lender can mitigate the adverse condition. If this situation arises, the power lines can
be removed or repositioned if there is a safety issue.
31. Are appraisers competent to assess whether offensive noises and odors threaten the health and safety of
the occupants of a property?
Section 2-2K will be modified to reflect that the appraiser should review any nuisance and take it into
consideration in the market analysis, making adjustments if appropriate. The appraiser should
document the appraisal report, as necessary.
32. Regarding Section 3-1 of the Handbook, are black and white photographs acceptable?
Yes, black and white laser printed copies of photographs as well as photographs produced by
digitized cameras which are of adequate size and clarity are acceptable.
33. If the appraiser is unable to take the required photographs to show the front, rear and sides of the
property because of shrubbery; topography, etc., what should he do?
The appraiser should make every attempt to take the required photographs. If not possible, the
appraiser should so state on the appraisal report.
34. Please explain Section 3-3B, Basement Bedrooms/Basement Apartments.
The information reflected in this section has been provided to assist the appraiser in determining
whether or not the lower level of a dwelling should be considered as "above grade" or "below grade."
If the lower level does not substantially meet the standards set forth in this paragraph, the lower level
is considered below grade and cannot be counted as habitable space. However, it may be considered
Page 7 of 11
===PAGE 39===
Fletcher Tilton.
Attorneys at law
FIVE
NOV 11 2 2014
The Guaranty Building
370 Main Street, 12th Floor
Worcester, MA 01608-1779
TEL 508.459.8000
FAX 508.459.8300
The Meadows
161 Worcester Road, Suite 501
Framingham, MA 01701-5315
TEL 508.532,3500
FAX 508,532.3100
Cape Cod
171 Main Street
Hyannis, MA 02607
TEL 508.815.2500
FAX 508.459.8300
FletcherTilton.com
November 12, 2014
VIA EMAIL AND HAND DELIVERY
Donald F. Bowen, Chairman
Lunenburg Zoning Board of Appeals
Ritter Memorial Building
960 Massachusetts Avenue
Lunenburg, MA 01462
RE:
G. W. Archer, Inc.
Application for a Special Permit Application for Proposed
Retail Fuel Facility
790 Massachusetts Avenue
Lunenburg, MA 01462 (the "Site")
Dear Mr. Bowen and Members of the Board:
On October 8, 2014, the Zoning Board of Appeals (the "Board") approved a
motion to continue the public hearing regarding the proposal of G.W. Archer,
Inc. and Gary Archer (collectively, the "Applicant") for the construction of a
gasoline service station, convenience store, and drive-through until November
12, 2014. In addition to requesting moditications to the size of the proposed
freestanding sign, and modifications to the hours of operation, the Board
requested that the Applicant address the adverse impact on the neighborhood,
potential light spill, and negative sound impacts prior to the November 12th
meeting.
On November 4, 2014, the Applicant submitted a revised Site Plan. While
such submissions attempt to address the Board's and our clients concers for
the proposed development, the Applicant continues to fail to address the
volume of sound to be generated from the proposed development, as well as
the adverse impact on the neighborhood.
In our letter to the Board dated October 2, 2014, we requested that the Board
cause the Traffic Impact and Access Study prepared by Greenman-Pedersen,
{Client Files/38216/0001/01613934.DOCX)
Please direct all correspondence to our Worcester office.
===PAGE 40===
FletcherTilton.
Attorneys at law
Lunenburg Zoning Board of Appeals
Re: 790 Massachusetts Avenue
Page 3 of3
(ili) the granting of the special permit will not adversely affect the
neighborhood;
(iv) the granting of the special permit will not unreasonably diminish
the available light, air, sunlight, and other amenities; and
(v) there will be no nuisance or serious hazard to vehicles or
pedestrians." See Section 8.3.2.1(b)(4) of the Bylaw.
The Applicant has not demonstrated that the proposed development meets the
aforementioned criteria. The Applicant asserts that it will comply with
whatever restrictions the Board places on the proposed development; however,
the proposed development does not satisfy the conditions required for the
granting of a special permit at the outset. It is not a development that can meet
the criteria for a special permit through conditions. Simply put, the proposed
development does not represent a proper reuse of the Site and the special
permits requested cannot be granted without substantial determinant to the
public good.
We look forward to the opportunity to discuss this matter in more detail at the
continuation of the public hearing currently scheduled for November 12, 2014
Very truly yours,
amEm
Amanda E. Risch
Enclosures
Direct Telephone: (508) 459-8209
Direct Facsimile: (508) 459-8409
Email: arisch@fletchertilton.com
(Client Files/38216/0001/01613934.DOCX)
Please direct all correspondence to our Worcester office.
===PAGE 41===
FUTURE
DEVELOPMENT
AREA
MAP 58
LOT 8
RILEY ROAD
(FUTURE
DRIVEWAY
ACCESS
HAT NO
GRAPHIC SCALE
ATTON MAR
Mobil
7,00
PROPOSED FREESTANDING SIGN DETAIL
13 PER 264
ISKHS PAR EMA
ADD FREE STANDINO SION
SOME PRINT
K3920/34
ta 07/14
KS 3/14/32
PRELIMINARY SITE PLAN
ISSESSORS XAP 68 LOT 8
772 MISSACMUSCTIS
AT ARCHER
INC.
ZH
===PAGE 42===
MASSACHUSETTS " AVENiE"
(ROUTE 2A)
RILEY ROAD:

========================================================================================
DOCUMENT : 2014-12-10-agenda-5942.txt
BOARD    : zoning-board-of-appeals
DATE     : 2014-12-10
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-12-10-agenda-5942.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12102014-5942
========================================================================================

===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, December 10, 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 Theresa C. Mahoney, 30 Laurel 
Lane, Lunenburg, MA.    The properties which are the subject of this case a re located at 
30 & 32 Laurel Lane, Lunenburg, MA 01462.   
 
The petitioner is seeking a Special Permit for a di mensional variation.  Currently there 
are two dwellings on one parcel and the intent is t o reconfigure the land area so that each 
dwelling is on a separate parcel.  The subject prop erty is located at 30 & 32 Laurel 
Lane, 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 
8.3.2.1.b)4, 5.1.2.1. and 5.1.5.1.  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 office or the Zon ing 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:      978-582-4353 
Town of Lunenburg

========================================================================================
DOCUMENT : 2014-12-10-agenda-5943.txt
BOARD    : zoning-board-of-appeals
DATE     : 2014-12-10
KIND     : agenda
OUR COPY : https://lunenburgbudgetproject.org/docs/minutes/text/zoning-board-of-appeals/2014-12-10-agenda-5943.txt
TOWN PDF : https://www.lunenburgma.gov/AgendaCenter/ViewFile/Agenda/_12102014-5943
========================================================================================

===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 
December 10, 2014 at 8:00 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