Issue 10 November 2024
Select Board 9/16
Member Ralph Gifford was absent due to illness. The bulk of this meeting was spent in a joint session with the Finance Committee discussing capital budgets over the next 5 years. The Thayer Library, in particular, has some very necessary large maintenance infrastructure expenses.
Approval of meeting minutes
Review and take action on the following Select Board’s Regular Meeting Minutes: September 4, 2024 and July 15, 2024 (tabled from 9.4.24).
These were approved.
Scheduled Appearances and Public Hearings
Ratification of Promotional Appointment for Patrick Mortimer to the rank of Police Lieutenant
Oath of Office & Pinning Ceremony
Commissioner Everett Moody awarded the pin and Amanda Cannon, Town Clerk, administered the Oath of Office.
Members of the Town Staff have asked the Chair for an opportunity to address the Board
Cannon gave a statement to the efficacy of the current Select Board and the Town Administrator, Kate Hodges, and complained about the comments made by Member Gifford at the previous meeting, citing profound disillusionment and that the hard work is disregarded and the budget goals were voted against by Gifford. She said Lancaster is operating on the leanest budget and this suggests to her and her team that job cuts were intended.
Commissioner Moody gave a statement about conflict of interest and apologized to Hodges and Kelly Dolan, Assistant Town Administrator, and the staff of the town for the implied budgetary intentions.
Chair Steve Kerrigan apologized also for the tone set at the last meeting. He said Lancaster is on a great path due to the work Hodges and the staff have achieved.
Public Comment
Roy Rezac, 125 Harvard Rd, read the duties of the Finance Committee, especially in regards to Town Warrant. He asked that the Select Board not close the warrant for the town meeting until after the meeting with the Finance Committee. Currently it was due to be voted on and closed before the joint meeting, which was the next agenda item.
Sheila Mallette, 2748 N. Main St, echoed the comments of the town staff above and commended the town staff for their hard work.
Deb D’Eramo, 127 Harvard Rd, questioned the liquor license permit request by the Sterling Street Brewery that went an hour and half beyond the close of the Halloween on the Green’s ending. She commented about the texting during the Board meetings by the Board members. She also said she couldn’t believe the town is continuing to sue the town’s Historical Society, wasting tax money on lawyers is “ridiculous.”
Susan Munyon, 96 Grant Way, said the audio quality of the room speakers is very poor.
Administration, Budget and Policy (Votes may be taken)
Vote to Close Special Town Meeting Warrant for October 7, 2024;
Sign Warrant
Chair Kerrigan said in response to Rezac’s comments that the recommendations from the Select Board and the Finance Committee come after the closure of the Warrant. The approval to close the Warrant was given.
Select Board Policies (Gifford; tabled from previous meetings)
Tabled again.
Select Board Goals (Gifford; tabled from previous meetings)
Tabled again.
Memorandum of Understanding (MOU) Update
North Lancaster - Mitigation Payments/Processes
Chair Kerrigan said the money ($100K) had come in.
Joint meeting with the Lancaster Finance Committee
Review the FY26 Capital Requests Draft Debt Plan and other Capital Outlay matters
Hodges presented the Capital Requests and will show what is the total that is proposed over the next 5 years. She showed the rules for taking on debt and suggested the Finance Committee make policies that debts should be for only 20 years or under.
Finance Committee member Roy Rezac requested a hard copy of Hodges’ presentation. Rezac said that the Board and Committee have a duty to make sure that the town only takes on responsible debt.
Finance Chair Dick Trussell could not hear the discussion very well since he was on Zoom. The microphone was moved. He would like some flexibility in debt repayment. Others agreed that the policies are needed as guidelines. Rezac asked about what authority is needed to override a policy. Hodges was authorized to draft policies.
Hodges projected FY26 outlay requests (expenses) as $898,500 coming out of free cash. Discussion followed, specifically about the police cars. Electric vehicles will last longer. Under projects, Hodges played a partial presentation from ClearGov Digital Budget to explain a $7000 project expense. Another project item explained was a “Fire All-Terrain Vehicle” for $35,000 for off-road vehicle for emergency. Another is a highway truck replacement.
Hodges warned that there have not yet been any requests from the schools yet.
Rezac asked that these expenses being reviewed periodically.
Joel Mule, Library Director, came up with Emily Rose, Library Trustee Chair, to present the library building capital project encompassing the roof, exterior conditions, and the master plan for the library.
Mule did a presentation showing the items needed, and how the prices for doing the work rise year by year, through 2030. HVAC, roof, repointing of the masonry, and carpeting are the maintenance items needed. ARPA and CPA monies were used to repair and replace the windows this past year. Discussion followed about grants and alternate funding for the repairs. The library has a consultant looking into how to do the maintenance in steps. Mule says the roof is the most important. Rose said they are looking into all resources, including grants.
Hodges presented other debts for consideration including the old town hall. She went through the items that will be repaired so that the November election can take place in that building.
The next consideration was the Memorial School.
To act on these two considerations would be more than $1M.
Hodges also showed a spreadsheet for the Water Enterprise. Scott MacDonald, Department of Public Works Supervisor, went through the items. There are two proposed 10-year notes for a 3rd well and one 15-year note for water lines. He is asking to reapply for a $4M bond. There is more work to outline the repayment plan if the entire $4M is borrowed.
Discussion followed about the buildings in town.
Appointments
Lancaster Affordable Housing Trust – Open & Unexpired Term (1)
Kristen Briner, term to expire 6/30/2026
Chair Kerrigan corrected this term to expire 6/30/2025, and Briner was approved.
Community Preservation Committee – Member at Large (1), term to expire 6/30/2024 Michael King
Linnea Lakin-Survey
Member Jason Allison made a motion to appoint Michael King, and this was approved. There was no discussion or mention of the other candidate, who was attending the meeting. The term expiration was not corrected.
Sterling-Lancaster Community Television (SLTV)
Lancaster Representative John Ledoux to the Board of Directors term to expire September 2027 (re-appointment)
Ledoux was approved.
Licenses and Permits
Special (One Day) Liquor License Application (Beer & Wine)
Applicant’s Name: Jesse Tarbell Organization: Sterling Street Brewery Event Address: 132 Fort Pond Inn Rd., Lancaster Event Purpose: Bicycles Battling Cancer Event Date: 9/22/2024 Event Hours: 10am-6pm
Application for use of Town Green/Gazebo Activity: Annual PTSD Walk for Awareness Sponsor: American Legion Post 96 – Lancaster, MA Date & Time: Saturday, September 28, 2024 from 2pm – 4pm
Application for use of Town Green/Gazebo Activity: Halloween on the Green 2024 Sponsor: Lancaster Recreation Committee Date & Time: Sunday October 27, 2024 from 4:30pm – 7
Application for Town License for Entertainment on Sundays Name of Concern: Lancaster Recreation Committee Street Address of Concern: 39 Harvard Road, Lancaster Contact Person: Thomas Wood, Chair Event: Halloween on the Green 2024 Dates and Times: Sunday, October 27, 2024 from 4:30 PM – 7:30 PM
Special (One Day) Liquor License Application (Beer & Wine) Applicant’s Name: Jesse Tarbell Organization: Sterling Street Brewery Event Address: 701 Main Street, Lancaster Event Purpose: Halloween on the Green Event Date: 10/27/2024 Event Hours: 4pm – 9pm
Application for Town License for Entertainment on Weekdays and Sundays Name of Concern: Fiesta Shows Street Address of Concern: 318 Seven Bridge Road Contact Person: EJ Dean/Rose Darden Event: 5th Annual Holiday Light Show Drive-Thru at Lancaster Fairgrounds Operating Dates: November 29, 2024-January 5, 2024 Operating Hours: Monday – Thursday 5pm-10pm Friday – Sunday and Holidays 5pm – 11pm
These were all approved.
COMMUNICATIONS
A Special Town Meeting will be held on Monday, October 7, 2024, starting at 7:00 PM in the Mary Rowlandson Elementary School Auditorium.
Town Offices will be closed on Monday, October 14, 2024 in observance of Indigenous People Day/Columbus Day.
The Board adjourned to discuss the lawsuit with the Historical Society.
Economic Development Committee 9/17
This meeting comprised mostly of a review of the documents that could be helpful to the committee and the properties in town which are pending development.
The minutes of 8/20 were approved.
The mission statement needs some corrections, which has the term limits section incorrect, which Kelly Dolan, Assistant Town Administrator, will fix.
October 21st is supposed to be a joint meeting with the Select Board.
Montachusett Region Community Economic Development Strategy (MRCEDS) update: In accordance with CEDS guidelines, promulgated by the federal Economic Development Administration (EDA) on June 1, 1999, the Montachusett Regional Planning Commission is charged with updating the CEDS every five years and completing an Annual Update of the economic planning and development work accomplished in the Montachusett Region. The following links are documents available to date pertaining to the CEDS process:
a. https://www.ci.lancaster.ma.us/sites/g/files/vyhlif4586/f/pages/appendix_a_- _priority_projects.pdf
b. https://www.ci.lancaster.ma.us/sites/g/files/vyhlif4586/f/pages/appendix_b_- _regional_demographics.pdf
c.https://www.ci.lancaster.ma.us/sites/g/files/vyhlif4586/f/pages/ceds_24_cover_summary_updated _word_format.pdf
d.https://www.ci.lancaster.ma.us/sites/g/files/vyhlif4586/f/pages/memo_mrceds_local_projects_sur vey.pdf
e. https://www.ci.lancaster.ma.us/sites/g/files/vyhlif4586/f/pages/mrceds_24_presentation.pdf
Town of Lancaster Economic Development Plans and Reports:
The Town has produced a few key reports and documents intended to provide prospective businesses, residents, planning staff and board members, an analysis of business and market conditions of South Lancaster, and to provide guidance on the Town’s permitting process that would inform all potential developers and businesses of the forms, procedures and timelines of each permit application.
a. https://www.ci.lancaster.ma.us/planning-board/files/south-lancaster-market-feasibility-study
b. https://www.ci.lancaster.ma.us/planning-board/links/expedited-permitting-guide
Discussion
Prospective Business Owners, Developers, and other subject matter experts to invite to speak to the EDC and answer questions: Committee members will discuss a potential slate of invitees and will articulate questions designed to provide committee members with a deeper understanding of the Town’s ED needs.
Brian Keating, Planning Director, has other documents that can be reviewed. He will email the collection of documents to the members.
Discussion followed about the owners of various properties.
Chair Jeanne Rich suggested inviting the Atlantic Union College Board members to a meeting to discuss what is happening with the campus. Keating said the entity may be ready for a discussion. Rich suggested the college may need some zoning relief. George Frantz, Planning Board member, came up to say he is happy that AUC may be coming back into action. He had some suggestions for bringing together people interested in properties around town.
Chair Rich also said she has invited the Capital Group to talk with the committee.
Chair Rich said Hodges suggested that part of the $100K paid into the town from the North Lancaster MOA be used for a planning guide to help promote and market the town to potential commercial developers.
Chair Rich said she was going to ask Steve Boucher to talk with the committee also.
She thinks AUC would be good for the October meeting.
Chair Rich also brought up that Devens is supposed to return property to the town if they were no longer using it.
Keating brought up Kimball’s as another entity to bring in for a discussion.
Keating would like to talk about re-zoning areas. Chair Rich would like Planning Board Member Frantz to ask the Planning Board what their plans are for re-zoning. Keating suggested Dolan do the same with the Select Board.
Conservation Commission 9/24
The Commission opened and closed a few hearings with quick decisions, quite a few were continued until October 8th. The power line project is large, and its hearing was continued but most of its parameters are straightforward.
Public Hearings
Continued Notice of Intent – 0 Heritage Lane
Construction of a driveway crossing and single-family home
This was continued until October 8, 2024.
Continued Notice of Intent – 10 Fire Road 54
During the last meeting, this was continued until October 22, 2024.
Continued Notice of Intent – 121 Fire Road 11
Retaining wall replacement and site improvements
This was continued until October 8, 2024.
Continued Request for Determination of Applicability
Removal of dead trees within the Seven Bridge Road right-of-way
This was continued until October 8, 2024.
Request for Determination of Applicability – 431 Brockelman Road
Determination of a stream status
Douglas Dillion from Goddard Consulting spoke to the plans showing the observations submitted to the Commission. The stream was mostly dry during this period. He said the stream was an intermittent stream and requests the Commission finds as such. Brad Stone, the Conservation Agent, agreed it was dry. The applicant is looking for a change of status as he would like to install an elevator on their house and the housing for it would be within the 200 ft buffer zone prescribed by the Wetlands Protection Act (WPA). Jim Lavallee, commissioner, asked what the difference would be, Dillion said a perennial stream requires a 200 ft buffer and an intermittent requires a 100 ft buffer. Stone said the construction is just barely inside the 200 ft zone and he has no concerns. He is confident that the stream is intermittent.
Chair Tom Seidenberg asked about the pond just upstream; he said if the pond was man-made and so affected the stream. Dillion said no, based on the shape.
Chair Seidenberg thinks it is a man-made pond and may have been constructed 150 years ago. Dillion was looking at vintage maps to see if the pond existed then. Stone said a look at the soil conditions would tell the likelihood. Dillion again reiterated he did not think the pond was man-made.
A motion was made to close the hearing which passed. A negative determination was approved with Seidenberg voting nay.
Request for Determination of Applicability – 1312 North Main Street
Replacement of a septic system
Brian Marchetti from McCarty Engineering recounted that the septic system had failed and needs to be replaced before sale of the property. The Board of Health has approved the new system. The entire property lot is within the riparian zone, so there needs to be a determination from the Commission. The system has been redesigned and the tank within 100 ft buffer zone, but they have relocated the leaching bed outside of the 100 ft buffer zone and not disturb any mature trees. All construction will be within previously developed areas. Marchetti showed plans and said the soil/sand was all very good for the construction.
The hearing was closed, and a negative determination was approved.
Notice of Intent – 242 Bolton Station Road
Construction of a detached garage
Amanda Hicks from Guaranteed Builders and Developers, Inc., showed the plan. The back corner will be within the 200 ft buffer zone of the riparian zone. Stone said there was minimal impact and there isn’t any good alternative to the site.
There was a motion to close and a negative determined was approved.
Notice of Intent – New England Power Company Right-of-Way easements
Construction of access road improvements and permanent work pads serving transmission lines
Jen Barta and Erin Whoriskey from New England Power recounted how the company will be updating 1960s transmission lines and access roads. The work will be done in two phases, isolators in the first phase and replacing the wood poles with steel in the second. This project goes through 10 municipalities. There will be work in riverfront areas. Stone, after listening to the presentation, was relieved to understand the project better. He wants to look at areas where there would be permanent alterations. He also noted that the project has not been issued a number so the Commission cannot act on the hearing until that is issued.
Commissioner Carl Fawcett asked about the gravel shown around the Cook Conservation area. Whoriskey said the company is only refreshing what is already there.
Lavallee agreed with Stone and would like to see the permanent change areas.
Chair Seidenberg said he had done a site visit on the previous project. He is concerned about a large rut on a hill between poles from vehicle traffic. He would like to know if that rut could be fixed. Whoriskey said if there is something that could be addressed, the company would be happy to address it. The company is looking at gates and access blocks to make sure the illegal access is managed. Stone would like a site visit and will coordinate with the other commissioners.
This hearing was continued until October 8, 2024.
Notice of Intent – 0 Hill Top Road
Construction of roadway and utility infrastructure at 0 Hill Top Road
All the abutters were not notified and so this hearing was opened and continued until a later meeting.
Discussion
Enforcement Order – 397 Center Bridge Road
The town has given permission for the Commission to speak to town counsel about this matter and proceed legally.
Conservation Commission membership organization – vote for officers
This was done last week.
General discussion regarding updating the Wetlands Protection Bylaw
This is tabled until a later meeting.
General discussion regarding the oversight of open space parcels
This was tabled until a later meeting. Fawcett suggested that the commissioners get familiar with the parcels. Chair Seidenberg agreed.
Minutes
The 8/13 minutes need to be corrected in a reference to a property. Minutes were approved with the correction.
The 8/27 minutes show a continuance that needs to be stricken since the hearing had already been continued. The minutes were approved with the correction.
The 9/10 minutes were approved.
Finance Committee 9/25
This meeting was particularly long. Jocelyn Delaney had resigned and was not present at this meeting. A replacement will be a joint appointment with the Finance Committee and the Select Board voting on candidates.
Discussion of the FY26 Capital Budget
The meeting started with the large re-occurring capital budget items. This list was compiled by Kate Hodges, Town Administrator. Under questioning by Chair Dick Trussell, two corrections were made bringing the total down to $194,500: the Facilities Administration number should be $25K and the Parks line should be $7500. The total is $194,500.
Trussell called on Commissioner Everett Moody to speak to the Public Safety section. Trussell questioned the $62K for vehicles, because the fire chief has been combined with police chief, and so freed up one vehicle. But the assistant fire chief is using the former fire chief’s instead of his personal vehicle. Moody answered Trussell’s questions to his satisfaction.
Moody also said the all-terrain utility vehicle is not necessary, its potential usage is about 12 times during the year and currently not worth the funds. Trussell asked about joint ownership with another town? Moody said the department is looking for a grant.
Total for these two spreadsheets is: $524,000.
Hodges said the current interest rate is 5.49% for the lease agreement.
Member Roy Rezac would like to have the recommendations of the Finance Committee on the Warrant Articles.
A motion was made to have a special meeting to vote on the town warrant on October 2 and approved.
The expenditure of the $130K for the Community Center gets another $75K in grant monies. To get the grant there needs to be a 1/3 improvement to existing infrastructure. The mini splits will lower the energy costs and will go towards achieving the town’s carbon neutral status. Rezac said this is not a necessary expense and so could be eliminated or reduced. Others agreed.
The parking pavement improvement $30K is for material only. This is also agreed not to be a necessary expense.
Finance General ($19,500) is a software program that is recommended by the Finance Director, Cheryl Gariepy.
The all-terrain utility vehicle was erased from the spreadsheet.
The replacement furnace for $15,000 allows the DPW to heat the Highway Barn for approximately $1000 per year.
The large truck for $425K also needs the sander and plow. The old equipment will be scrapped. This truck will be paid for in full by Chapter 90. Chapter 90 is a program that funds municipalities’ capital improvements for local public infrastructure.
The roof for the highway barn ($100K) is leaking and is over 25 years old.
There was a discussion about the $4M that the DPW needs for water lines. Hodges does not have information on it. She did pull up a spreadsheet on the timeline of the debt repayment. If the debt cannot be covered by the Water Enterprise Fund, then the town becomes responsible for it. There was a long and large discussion about $2M in debt vs. the $4M that was voted for at the Town Meeting and also the water quality of specific neighborhoods. If the town becomes responsible for the bond for the water lines, then all taxpayers will be responsible, not just water enterprise customers. The recommendation is to raise the rates to get a sound financial picture.
The conclusion is that there needs to be a plan.
The next discussion was the library capital expenses:
The roof is leaking. It is slate, and has various components, like membranes, but no snow fences, which makes the snowfall dangerous.
The masonry needs repointing near the flat roof, as well as other places.
The roof was last replaced over the reference room. Joel Mule, Library Director, has no memory of work on the historic building; there is a study from 2017 about the roof. The current estimate of the total cost is $911.5K.
Trussell asked what $450K could do for the building. Mule said the work on the library is not elective. It is necessary to save the building from damage. Mule also said the library has taken a back seat but now time is of the essence. Trussell said about $450K is the most that could be offered. This is from CPA funds.
Rezac said at this point that there is not any known number yet. Mule said he wants to live within the town’s means. A long discussion followed because Trussell said the next year is a critical year. The CPA committee has to present the article for the funds, so this is at their discretion.
Member Emily Notaro said she supports the library in these requests. Member Stan Starr expressed his frustration at the lack of funds.
Hodges shared what debt is being relieved and where the high school debt comes in. Without counting the high school, she said if the town takes on the debt for the library it would replace the debt that has rolled off this past year plus what will roll off this year. She showed a proposed debt schedule for $2.5M for the library and also another schedule for $5.5M. The rate on these bonds is 3.5%. The cost of these bonds is very low and Trussell and Starr were incredulous. Rezac suggested creating scenarios and creating priorities. This possibility is very attractive. The interest is less expensive than the expense increases over time.
The Committee will look at $5.5M bond.
Next the Committee reviewed the debt plan for the high school. There was a discussion about items shown in the operating budget as opposed to the capital budget.
The old town hall was then discussed for the $80K to repair the fire escape. This is the bare minimum for getting the hall ready for election day. Trussell recommended closing the entire building, turning off the water and heat, and terminating the insurance.
Notaro questioned if the school can be used for elections, Trussell said yes. Stow and Bolton use their schools. Hodges said the town must insure the building if on town property. Rezac said he agreed with Trussell’s direction; reduce expenses to the bare minimum. Notaro said shutting it down makes it harder to lease it or otherwise use it. Starr agreed with Trussell and Rezac. Trussell would like to $80K in the unnecessary column. Hodges would like to pull together the bills concerning the building for review at the next meeting.
Board of Health 9/26
This meeting, while short, had definitive and legal repercussions cited for the owners of the properties where trailers were occupied contrary to the Lancaster bylaw.
Permits
2454 North Main Street
New owner transfer
Bill Brookings, Nashoba Board of Health Representative, recounted the permit notification and will draft the permit and sign it on behalf of the board.
531 South Meadow Road
Distribution box
Brookings recounted the permit notification and will draft the permit and sign it on behalf of the board.
Lot 2 Fire Road 10
Septic system 2
The board reviewed the new installation plan, the plan is fully compliant with regulations. Brookings will draft and approve the permit.
Title-5 Inspection Reports
75 Beach Ave
Brookings has not received any documentation.
32 Evelyn Place
This has passed.
531 South Meadow Road
Needs the D box as recounted under the permit section.
1997 Lunenburg Road
This has passed.
28 Kinnear Ave
This home needs well testing.
1312 Main Street
The septic system has failed and already has a replacement approved but a letter will go out explaining the two-year replacement time window.
2501 North Main Street
This has passed.
Discussion
27 Russell Lane
Inspection update.
Chair Jeff Paster, member Sheila Mallette, building inspector Mike Silva, and Brookings visited the property on 9/25. The trailer was still there, and the generator was covered. An inhabitant responded to a door knock on the house saying a family relative was occupying the trailer. The Board will take action by drafting a letter to the owner and citing the law and demand that the trailer be vacated within ten days. The Commissioner Everett Moody will serve the letter.
132 Kilbourn Road
Temporary housing status
A cease and desist order had been served previously, and during a visit by the participants above on 9/25, the owner was advised that on advice of the Town Counsel, now a letter was served yesterday 9/25, stating that the owner is liable to fines of $500 per day. Brookings said the owner has reported that the trailer is being removed. The Board will verify the trailer is vacated or removed.
679 George Hill Rd
Irrigation well permit request—approved by water department
Since the water department has approved, the Board will approve the permit. Brookings will issue the permit.
194 Grant Way
Site visit update
The one pile that was left because it was thought the particulate was too big to be blown around. The owner was asked to move it again by Brookings and the owner said the pile will be moved within 2 weeks.
Laurel Hill Road
Proposed force main
The plan was shown for a shared force main system. Brian Milisci from Haley Ward explained the system for a few of the upper lots. There will be sleeves put in, so the pavement does not have to be disturbed when the mains get put in. The plan shows the sleeves will go and they want to get the pavement done before the wintry weather. Brookings will do an inspection of the work.
The Board approved a motion to allow the sleeves.
Arbovirus Update
Chair Paster reviewed the weekly report. The cases of infectious diseases (the total of West Nile was 11, total of EEE was 4, none locally) have been going up but the summer is ending.
Zoning Board of Appeals 9/26
This meeting only covered one item which was approved.
Minutes
The minutes from 7/18 and 7/25 were approved. The minutes from and 8/22 were tabled because Chair Rob Alix had not yet reviewed.
Public Hearing
149 Winsor Rd Personal Wireless Overlay District
An application to replace the existing wireless equipment on the existing cell tower located within the Personal Wireless Overlay District with a like number of updated equipment which is allowed by Special Permit under Lancaster Zonin Bylaws under 220§43. Special Permit application can be viewed here: https://www.ci.lancaster.ma.us/boardappeals/pages/149-windsor-road. Text of the Personal Wireless Overlay District Bylaws can be viewed here: https://ecode360.com/11814045#11814045.
A petition by Cassandra Darmody of 6615 Towpath Road, East Syracuse New York 13057 (Applicant), and American Tower Corp., 10 Presidential Way, Woburn, MA 01801 for the following: A request for a Special Permit to replace nine antennas and related equipment with a like number of antennas and related equipment on a single existing cell tower pursuant to The Town of Lancaster’s Zoning Bylaw 220.43 C. The proposed site is located at 149 Winsor Road Lancaster MA 01523, on a parcel owned by the Town of Lancaster. The parcel is zoned in a district identified in the Town of Lancaster Zoning Bylaw as Residential, and in a Personal Wireless Service Overlay District and is identified by the Town Assessor as Map 37 Parcel 31.
Darmody recounted what technology would be being put in. The current structure will be updated to the latest building code.
The hearing was closed, and the special permit was approved.
Affordable Housing Trust 10/3
This meeting was the first meeting of the new trustee, Kristin Briner. The consultants who did the Housing Production Plan went through their presentation and some of the most pertinent slides are recorded in this newsletter for the PDF edition but not the printed or online edition. (If you would like a PDF version, please send an email to LancaserLede@gmail.com.) The full report will be published and the draft copy is available in entirety at https://www.ci.lancaster.ma.us/sites/g/files/vyhlif16016/f/pages/housing_production_plan_2024-2029.pdf
Approval of Meeting Minutes
The minutes from August 1 were tabled because they needed further review and September 5 were approved.
Scheduled Appearance(s)
Jeff Levine, Levine Planning Strategies, and Sarabrent McCoy, Community Scale
Final draft presentation: Housing Production Plan 2024-2029
The presentation was given by McCoy.
The trustees discussed the presentation. Both Planning Director Brian Keating and Chair Victoria Petracca want to formalize the prioritization of the south Lancaster areas and bring in the Economic Development Committee to work together. Petracca wanted to emphasize that Lancaster is at 170 affordable units. She also wanted to make sure that the report is only using year-round units. Lastly, she wanted DCAMM listed under possible re-zoned areas.
There was a motion to endorse the plan and ask for approval from the Select Board and Planning Board. This was approved.
Creation of Dedicated Trust Account
Requirement for receipt of Payments in lieu, Community Preservation Act funds, etc.
Review Town Administrator communication.
Transfer of Community Preservation Funds to Affordable Housing Trust
Town meeting request (warrant article) to appropriate existing CPA funds earmarked for affordable housing to Trust for future use under Community Preservation Act, MGL Chapter 44B, Section 5(f)
Chair Petracca asked to table both the above items until Assistant Town Administrator Kelly Dolan or Town Administrator Kate Hodges is available.
Updates to SHI Pipeline (in order of number of affordable units)
40R Smart Growth District, approximately 1410 – 1474 Lunenburg Road
No update.
Neck Farm Estates, 13 Neck Road, Chapter 40B, Comprehensive Permit
Keating recounted the Zoning Board of Appeals (ZBA) meeting and the probability of a decision at the ZBA October 24 meeting. There are 60 associated conditions with the permitting. Some discrepancies of the draft conditions and the understanding of the conditions were noted by the trustees. The affordable units were understood to be offered at 60% but the document says 80%.
Laurel Hill, Harbor Classic Homes, 2038 Lunenburg Road, Special Permit
No update. All the lots are back in tax title. Back taxes are due. Under the new pending bylaw, no permits can be issued if there are delinquent taxes. Keating brought up that the road construction is ongoing, so then the developer can market the lots and pay the taxes.
Hawthorn Hill, 0 Hilltop Road LLC, Inclusionary Zoning, Local Action Units
At the last Planning Board meeting the developer said he is planning to build the two affordable units. Trustee Frank Streeter, who is also Planning Board Director, brought up there can be a payment in lieu and he believed it can be requested by the Planning Board.
Property rehab, Cleveland Street LLC, 197 South Main Street, Inclusionary Zoning, Local Action Unit
No real update though the owner has been seen at Town Hall.
New information
Keating reported there has been a loss of an affordable unit. He reported there was a foreclosure at Blue Heron and so the unit has been lost. The timeline for how this occurred is not clear.
Select Board 10/7
This meeting, preparatory to the Special Town Meeting, was held directly before the town meeting and necessarily short, approving a permit and the election warrant. The Board also set a date for reviewing the 2025 Town Meeting articles as well as setting up a joint meeting with the Finance Committee as the first item at the October 21 meeting.
Discussion
Application for Renewal for Special Permit Removal of Earth Products
Mountain Laurel Realty dba Stow Sand & Gravel, Co., a division of W.D. Chisholm Corp. current Permit expiration date November 19, 2024
The hearing was waived previously and the permit was approved.
Approve the Warrant for State Election
To be held on Tuesday, November 5, 2024 from 7:00am to 8:00pm to the Old Town Hall, 695 Main Street, Lancaster, MA.
Preparation for Annual Town Meeting Fiscal Year 2025 and review Warrant Articles as necessary.
A date was picked for a special Select Board meeting to discuss with all town departments, January 29, 2025.
Town Meeting 10/7
This special town meeting covered the following warrant:
ARTICLE I Amendment to FY25 Capital Outlay Plan
Select Board
To see if the Town will vote to amend the vote taken under Article 1 of the May 6, 2024, Town Meeting by adjusting the Capital Outlay Plan to include the leasing of two fire vehicles (one Mini-Pumper Truck and one Class A Tanker Truck), the cost of which shall be placed onto the Town’s Debt Schedule with payments starting in 2027.
After the Commissioner Everett Moody made his presentation explaining the need for the vehicles, resident Jean Syria came to the microphone. She scolded the Select Board and Administration for not better advertising the Special Town Meeting. She said the Select Board didn’t want people at the town meetings. She then went on to make an amendment to the article, reducing the plan to just the pumper truck.
Regina Brown came to the microphone to support the article as is.
Martha Moore came to the microphone to support the article as is, citing new construction and the high density of this construction may need these trucks. She asked about the $1.1M passed last May for a new truck to make sure this article was replacing that. Moody replied that it was.
Ann Ogilvie came to the microphone to say she was in favor. She asked a question about the town’s capacity to currently fight fires. Moody said Engine 2 has 1000 gallons, and then Engine 4 with 750 gallons, but then the department would depend on mutual aid from surrounding communities.
Syria came back to amend the article with the document necessary to amend the article to one vehicle but the fire department to pick which vehicle was the best.
Donald Adams wanted the finances explained better, he thought leasing would be the more expensive option. Town Administrator Kate Hodges said the leasing saves free cash. He asked for the actual the total price which is $1.1M.
Emily Taylor came to the microphone to clarify that this was a lease to own, and Moody said yes. She asked about repairs within the leasing period which Moody did not know. Hodges came up to advise that mechanical and electrical are covered for 100K miles. Taylor asked what the life expectancy was for the vehicles, and Moody said 20 to 25 years.
Syria’s motion was read and seconded. Moody commented that both trucks are needed. Chair Steve Kerrigan said he recommended the original article.
Ryan Alrich commented that these two trucks are necessary to save wear and tear on Engine 2 and extent its life.
Syria asked about the Finance Committee’s opinion. Hodges said the Committee did not take any action on this item.
Brown came back up to re-emphasize the need for the trucks. She spoke as the former dispatcher.
The motion to amend failed.
The original article was approved. With 94 voters, 88 approved.
ARTICLE 2 Amend Water Enterprise Fund
Board of Public Works
To see if the Town will vote to amend the vote taken under Article 4 of the May 6, 2024, Annual Town Meeting to appropriate the sum of $ 1,228,250 from the Water Enterprise Fund, to finance the operation of the Water Department for the Fiscal Year beginning July 1, 2024, as outlined below. [The operating expenses for the Water Enterprise are entirely funded by water revenue.]
This was tabled as there was no representative from the DPW present but then after Article 7 this came back up for a vote since Doug DeCesare was then present. DeCesare came to the microphone to explain the article. He said the $8000 increase was due to inflation.
This was approved unanimously.
ARTICLE 3 Supplemental Classification Plan
Public Safety Department
Select Board To see if the Town will vote amend the Classification and Compensation Plan
This was approved with 85 yes votes.
ARTICLE 4 New General Bylaw
Article llV of Chapter 1
Licenses or Permits of Delinquent Taxpayers
Select Board To see if the Town will vote to take the following actions:
(1)Accept G.L. c.40, §57, which permits the Town to deny any application for, or revoke or suspend a building permit, and certain local licenses or permits
(a) for any person, corporation or business enterprise, who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges, or (b) for any activity, event or other matter.
Alix Turner came to the microphone said the practice has in place since 1990 and called out in the bylaws.
Moderator Bill O’Neil said the article was to align the bylaw with Massachusetts General Law.
Larry Shoer came to the microphone to ask about developers using different LLCs for different projects and thereby skirt this bylaw. Hodges said he was correct; the town can only apply this bylaw to the specific legal entity that owes the taxes.
This article was approved unanimously.
ARTICLE 5 Repeal of Chapter 315 of the Acts of 2002
Select Board
To see if the Town will vote to authorize the Select Board to file a petition with the General Court to enact legislation which would repeal Chapter 315 of the Acts of 2002, which established a Department of Finance and Budget in the Town of Lancaster; provided that the General Court may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of the petition.
Hodges explained the article and Select Board Member Jason Allison read a statement in support of this article written by Finance Director, Cheryl Gariepy.
Emily Taylor asked if the two positions are split, what would happen, Hodges said anyone who held a position within the department and had the experience, etc., would also be the Finance Director.
Martha Moore asked about a personnel board. Does it exist? Hodges said a personnel board has not been seated in a few years.
Joe D’Eramo asked about the appointing authority; he pointed out the verbiage in the article does not match. Hodges reiterated that the Select Board is the appointing authority. D’Eramo said the town website does not show this. Hodges said it is under the Health and Human Resources tab.
Regina Brown asked about the comparison with other like towns. Hodges said yes.
Kathy Hughes asked about the term “designee.” Chair Kerrigan answered that the Town Administrator is most likely the designee. Hughes then asked, since the town administrator is the procurement officer, couldn’t there be room for malfeasance. Kerrigan said not likely, and MemberAllison said there are audits, etc., and there are checks and balances.
Russ Williston said in article 3 in the bylaw which is about to be struck that the finance directory will be the chief procurement officer. Hodges said that had been the case but then the law required that the Chief Procurement Officer have an MCPPO certification, so this certification was put into the job requirements for the Town Administrator and Hodges fulfilled that requirement. Williston pointed out that a form needs to be filled out by the Chief Procurement Officer to appoint a different Chief Procurement Officer. Section 6 that will be struck says the Finance Director reports to the Select Board, though Hodges had just said the changes proposed will not have any changes to the reporting structure, but it does. The change in 2002 was implemented after it had been a warrant article on the Town Election and a 75% majority (1500 votes) voted for the 2002 language. Now this warrant article is only requiring 90+ people to change that article. Williston also mentioned that in Lancaster bylaws that major articles need to be on the regular Annual Town Meeting and that the notice and explanation for this current article has only had 2 minutes coverage at the last Select Board Meeting. He moved that this article be tabled until a regular Annual Town Meeting.
Carl Fawcett came up to say that since the article is not well understood that it should be tabled until the Annual Town Meeting.
Member Allison said protested that it is a challenge to defer critical items. Chair Kerrigan said it had been discussed many times and puts the town in compliance and asked for the article not to be tabled.
Justin Smith came forward to ask about the Finance Committee’s take on this article, especially since it had such a profound impact on the Committee. Hodges said the Finance Committee was in favor but are not in attendance. Smith said because the Finance Committee was not in attendance, it gave more credence to tabling it.
Williston came back to say there hasn’t been enough discussion and he has looked at what is being changed and it is extensive; 4 pages of text has been redlined and some of the pages wholly redlined.
Chair Kerrigan insisted that the Finance Committee has “opined” on this and they have agreed with the article.
Alix Turner came forward to support tabling the article. She had been Select Board Member in 2002 and the affected article was intensely investigated and is a product of discussions with the Department of Revenue and Department of Labor Services. The large turnout for that Town Meeting in that year was because of an override. Chair Kerrigan rebutted that the DLS is now saying to change it.
Ann Ogilvie came forward to say that a Special Town Meeting is for emergency articles that are necessary to keep the town running but not for substantial changes such as this, and the Finance Committee has not voted on this. They should have voted on this, so voters know their viewpoint. She said this is the same for some of the other articles on the warrant. Kerrigan said it was not supposed to be a controversial article but necessary pending the Finance Director’s retirement.
Don Adams said that there are six sections are being repealed and the voters don’t know what these sections are.
John Bowman came forward to say that the Public Works Article was tabled since the Public Works Department was not there, so this should be tabled since the Finance Committee was not there.
Two thirds vote is needed to table the article.
Sixty-three of ninety votes to table the article. The article was tabled.
ARTICLE 6 Amendments to Chapter 186 of Lancaster Town Code
Select Board
To see if the Town will vote to amend Chapter 186 of the General Bylaws, “TOWN OFFICERS” by deleting the language struck through and inserting the language bolded, as follows: Chapter 186. Town Officers Article III. Inspector of Wires § 186-3. Appointment; term. The Building Commissioner or Inspector of Buildings shall appoint the Inspector of Wires for a period of not less than one year and not more than three years, pursuant to the provisions of MGL c. 166, § 32, as may be amended from time to time in accordance with Lancaster’s Personnel Bylaw. Article IV. Town Accountant § 186-4. Appointment; term. The Select Board, or their designee, shall appoint the Town Accountant in accordance with 5JPage Lancaster’s Personnel Bylaw. pursuant to the provisions of MGL c. 41, § 55, as amended. The Town accountant shall serve in accordance with provisions of MGL c. 41, § 56 to 61 , inclusive. The term— of the Town Accountant shall commence on April 1 of the year of appointment. Article VI. Collector-Treasurer § 186-6. Appointment; term; duties. The Collector-Treasurer shall be appointed by the Select Board, or their designee, in accordance with Lancaster’s Personnel Bylaw. for a term not to exceed three years and shall perform all the duties hereinbefore performed by the Collector and the Treasurer. Article VIII. Town Clerk § 1 86-8. Appointment; term. The Town Clerk shall be appointed by the Select Board, or their designee, in accordance with Lancaster’s Personnel Bylaw of said Town for a term of three years and upon such other terms and conditions as the Select Board shall determine. Article IX. Director of Finance § 186-9. Appointment; term. The Director of Finance shall be appointed by the Select Board, or their designee, in accordance with Lancaster’s Personnel Bylaw. Article X. Assistant Town Administrator § 186-10. Appointment; term. The Assistant Town Administrator shall be appointed by the Select Board, or their designee, in accordance with Lancaster’s Personnel Bylaw.
This article was tabled by Chair Kerrigan.
This was approved unanimously.
ARTICLE 7 Hawthorne Lane
Select Board
To see if the Town will take the following actions to accept and layout Hawthorne Lane as a public way and to acquire certain real property interests in land along Hawthorne Lane: 1 . To accept the laying out of Hawthorne Lane from its intersection with Hill Top Road to its terminus, as a public way, such way shown as “Proposed Minor Street” on a plan entitled “Definitive Subdivision Plan — Land in Lancaster, Mass. Owned by Poras Realty Trust,” dated October 6, 2015, prepared by Whitman & Bingham Associates, Inc., recorded with the Registry in Plan Book 934, Plan 43, and on file with the Town Clerk (the “Plan”), and to authorize the Select Board to acquire by purchase, gift, eminent domain, or otherwise, a fee interest in said way; 2. To accept by purchase, gift, eminent domain, or otherwise, an easement to install, locate, relocate, construct, reconstruct, add to, lay, dig up, operate, inspect, repair, replace, alter, remove, and maintain utilities over a portion of 62 Hawthorne Lane, shown as “Lot 9” on the Plan, Assessors’ Parcel 036 0001 .0, on such terms and conditions as the Select Board deems appropriate; 3. To accept by purchase, gift, eminent domain, or otherwise, a drainage easement to over a portion of 60 Hawthorne Lane, shown as “Lot 10” on the Plan, Assessors’ Parcel 036-0001.L, on such terms and conditions as the Select Board deems appropriate; and 4. To accept by purchase, gift, eminent domain, or otherwise, a fee interest or less interest in a portion of 6 Pag e 1 land located offof Hawthorne Lane containing approximately 19.445 acres and shown as “Open Space” on the Plan, Assessors’ Parcel 036-0001 .D, on such terms and conditions as the Select Board deems appropriate. Or take any other action relative thereto.
Hodges presented the plan to take the roadway as a public way. This takes a two-thirds vote.
Larry Shoer asked if section 4 is being voted on, and the answer was yes. He asked why there were monies associated with this open land that was already designated as open space. Chair Kerrigan said the conservation piece will be conveyed to the Conservation Commission and no funds are being exchanged.
Ann Ogilvie asked three questions; what is the cost to keep up the roadway? What was the Finance Committee vote on this article? What was the Planning Board vote, and or any other Town entity’s vote?
Hodges said there wasn’t formal vote by the Finance Committee, and in her discussions with the Department of Publics works, that the cost to upkeep the small road would be negligible, the Planning Board chair was available and so came up. Frank Streeter said the Planning Board did not have a formal report but did issue a letter advising on best practices.
George Frantz said this is a very thorny issue, but if the developer has a road that is not up to town standards, then the road can’t be accepted. But the roads should be accepted because there is a perception of unfairness in what roads are accepted. He recommended all roads be developed to the town’s standards and given to the town.
Susan Sussman asked how does the Town continually get to these situations where a taking of a road as a public way is necessary? What is the process? She would like this addressed in the planning process.
Kerrigan said they were only trying to address the current situation. She wanted some assurances for prevention. Allison said the residents need to help address these situations.
Linnea Lakin Servey asked who issues the occupancy permits and makes sure this doesn’t happen?
Member Allison said there was a verbal warning to the employee at the time, but the employee is no longer in the town administration. Lakin-Servey reiterated, “Who is responsible?” Hodges said the Building Commissioner Mike Silva. Lakin-Servey moved the question for a vote.
Emily Taylor said you can move the question after a statement, so Chair Kerrigan said restated the motion to move the question. This was seconded. The vote was unanimous.
The vote to accept the article was a two-thirds vote and there were 60 yes votes out of 93 which meant the vote did not pass.
At this time, Chair Kerrigan asked for Article 2 to come back before the meeting as DeCesare had arrived. A simple majority was necessary for this to happen.
It was approved unanimously.
ARTICLE 8 North Lancaster Parcels
Select Board
To see if the Town will vote pursuant to G.L. c. 40, § iSA, to transfer the care, custody, jurisdiction, and control of 0 Lunenburg Road Rear (Assessor’s Parcel 014-0015) and 0 North Main Street (Assessor’s Parcel 019-001) from the Select Board to the Lancaster Conservation Commission for open space, conservation, and passive recreational purposes, or take any other action relative thereto.
This is the final step in the process of taking control of the parcels.
Linnea Lakin-Servey asked if the deed will have the restriction in perpetuity. Hodges said yes but the Conservation Commission needed to vote on that.
The vote was taken by clicker since a two-thirds majority is needed. Out of 75 votes, 74 approved.
ARTICLE 9 Community Preservation—
FY25 Administrative Expenses Community Preservation Committee
To see if the Town will vote to amend the vote taken under Articlec8 of the May 6, 2024, Annual Town Meeting to appropriate an additional sum of five thousand dollars ($5,000) from the Fiscal Year 2025 budget in the amounts recommended by the Community Preservation Committee for committee administrative expenses as outlined below, the balance of which shall be returned to the Community Presentation Fund undesignated fund if, at the end of the Fiscal Year, the total amount has not been used or to take any action relative thereto. Appropriations: From FY2025 annual fund revenues for Committee Administrative Expenses$ 10,568.00 $ 15,568.
This was taken off the table. Lancaster Lede understands that this was taken off the table because this was not the correct procedure and also previously the administrative services mentioned in the article had been done by Linnea Lakin-Servey, previous chair of the Community Preservation Committee, who was denied a seat on the committee this year.
At a question from Lakin-Servey asking why the article was pulled, Hodges said the money had not been spent. Lakin-Servey then cited the law surrounding the CPA and how this article was not legal so that was the reason for it being pulled. Hodges reiterated that the money had not been spent.
ARTICLE 10 Community Preservation
FY25 Project Supplement Community Preservation Committee
To see if the Town will vote to appropriate thirty five thousand dollars ($35,000), with sixteen thousand dollars ($ 1 6,000) to be appropriated from the CPA open space fund balance and nineteen thousand dollars ($1 9,000) to be appropriated from the CPA undesignated fund balance, to pay for costs associated with professional land conservation and project management assistance, including legal and recording costs, required to complete conservation efforts within four (4) Project Tracts of land comprised of Lancaster Assessors Parcels 24-52, 25-29, 29-i, 29-2, 29-i2A, 29-14, 33-18, 33-20 and 33-80, totaling approximately 330 acres, that are part of the Nashua Wild and Scenic Rivers and Forests Project, funded by the U.S. Forest Service, Forest Legacy Program, said funds to be expended by the Town Administrator, or to take any action relative thereto.
Hodges explained the article.
Linnea Lakin-Servey stressed the importance of supporting this article.
Victoria Petracca said this is not commercially viable land and urged support for the article.
Lakin-Servey asked if some of the $125K spent previously was reimbursable and Hodges replied yes.
Bob Lidstone, Lancaster Land Trust supported the article. As the manager of the project, he hopes most funds will be reimbursable, while the remainder can be covered by CPA funds. This protects the land and gets matching dollars out of the federal government.
Regina Brown encouraged voting for the article.
This passed unanimously.
Article 11: Conveyance of Open Space Parcels
The parcels to convey outlined in Article 11 are highlighted on the map to the left in Green and are known as ‘Blood Town Forest’ or Assessors Maps 28-] and 28-19 respectively. (284) ‘ I ‘ s General Information: All Project Tracts will be permanently conserved by conservation restrictions (CR) held by the Lancaster Conservation Commission, or through property acquisitions by the Commission.
Hodges explained the article. The article required two thirds vote and was passed unanimously.
Karl Murwin approached the microphone and asked for a motion to reconsider Article 7 concerning Hawthorne Lane.
The Moderator, Bill O’Neil consulted Town Counsel whether this needed a simple majority, which it did and asked for discussion.
Murwin went on to explain that not accepting the Lane as a public way is punishing the residents, not the developer. He said the items included in the article as items to be done are paperwork and not arduous. He said the residents on Hawthorne Lane feel rejected by the town.
Jon Roper came to the microphone to explain he lives on private road, and he said the expenses are not a big deal. He advised that the homeowners could create an association to pay for the maintenance.
Rob Parda commented that there are misconceptions about the situation. He said the plans for the development never said the road was supposed to be private. He said it was built to be accepted by the town.
Dennis Hubbard moved the question to a vote. This was unanimously approved.
The vote to reconsider the article was done by clicker and there were 105 votes cast, which was 10 over the largest vote that night and with 69 yes votes, passed. Moderator O’Neill commented that new people must have shown up for the meeting.
Tom Seidenberg moved to amend Article 7 by striking paragraph 1. Hodges said they could not do that and then do the rest of the actions contained in the article.
Erin Smith commented that she could not believe there were so many people against this. When the moderator reminded her that the vote was on the amendment, not the article, so then she said there was no reason not to take the roadway if taking all the rest.
Douglas DeCesare moved the question. This was passed by hand vote.
The amendment was voted on and failed by hand vote.
Smith came back to the microphone. She thanked the Select Board for taking up their cause. After their occupancy permits then everything fell apart. She said the residents were being punished.
DeCesare moved to end discussion and vote. This passed unanimously.
This was two thirds vote by clicker and the vote was 81 yes and 23 no, totaling 104 votes. The article passed.
Planning Board 10/15
The water for Hill Top Road dominated this meeting. How to best get town water to the development was discussed, with the pump station on Hawthorne Lane coming into the discussion.
Public Hearings
0 Hill Top Road (Hawthorn Hill)
Application for a Definitive Subdivision.
This is a continuance of a Public Hearing that was opened on August 12, 2024* *This public hearing is being continued from September 23, 2024. ** Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/0-hill-top. The Parcel consists of approximately 130 acres. Eighteen (18) new residential lots are proposed.
Frank McPartlan from Dillis & Roy went through the firm’s responses to the peer reviews from Haley Ward.
https://www.ci.lancaster.ma.us/sites/g/files/vyhlif16016/f/pages/5786z-ltr-pb_20241106_peer_review_response.pdf
Chair Frank Streeter pointed out the applicant is trying to connect to a private system off Hawthorne Lane. Keating asked if they are talking about the public main that comes down from George Hill. There is a pumping station there that the subdivision is connected to and that connection is a metered, paid for by the Hawthorne Lane development. Brian Keating, Planning Director, said the applicant needs to tie into George Hill Road for public water. Kate Hodges, Town Administrator, came forward to explain the water situation that there is some work needed concerning the Hawthorne pump station. Since Hawthorne Lane will be taken as a public way, according to the previous vote at the Special Town Meeting on October 7, there needs to be some further discussion. The water going into the private pipes for Hawthorne Lane is metered. Scott MacDonald, DPW, said the water is metered at the pump station but there are also meters at the homes on Hawthorne Lane so the homeowners there may be paying separate water bills. There was discussion about what entity is responsible for the infrastructure even though the water is public. Member George Frantz suggested the applicant would have a better chance of arriving at an agreement with the owner of the pump station.
Member Mike Favreau asked if there was any problem tying into public main, the answer was no but then a new pump station for the new development is then necessary. Bethany Ordung, engineer at Haley Ward, consulting for the town, agreed that a pump station would be needed.
After discussion, Chair Streeter suggested that the water needs to be known to be available and right now it is not.
Adam Zand, 202 Hilltop Rd, asked about sewer hookups. The development is intending on using sewer credits. He asked if Conservation Commission approval is necessary before Planning Board approval. Member Kendra Dickinson said no, but Chair Streeter, waiting until she was finished, said that the Planning Board does like the Conservation Commission to finish its work before a Planning Board order of conditions so no one’s time is wasted in the event something needs to be changed. Zand said this developer has not met with any of the abutters. He asked that the developer reach out to the neighborhood.
Commissioner Everett Moody commented on the water supply, he is concerned about getting it across the street from Hawthorne Lane; he recommends bringing it up from the hydrant on George Hill Rd.
Ordung came back up to say there are more small questions and the Conservation Agent Brad Stone has questions about stormwater management.
Zand asked more questions about vernal pools, Chair Streeter said this is in the Conservation Commission bailiwick.
Keating read a letter from Tom Seidenberg, Conservation Commission Chair. He urged the Planning to consider the roadway, and associated infrastructure, that these should be built to the town’s standards. He asked that the Board pay attention to the stormwater basins since they require maintenance and should not be placed on private land. There was discussion about this.
The hearing was continued.
842 Sterling Road
Application for Stormwater Permit.
This is a continuance of a Public Hearing that was opened on September 23, 2024 Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/842-sterling-road
A petition by James Monroe Wire and Cable Corp (applicant), 767 Sterling Rd., Lancaster MA 01523 for the following: Stormwater Management Permit relative to the construction of a 28,125 square foot storage building to be attached to an existing 60,000 square foot building located on a 13.5 acre lot.
John Farnworth, Farnsworth Engineering, went through the response letter and peer reviews from Ordung, Haley Ward. He asked if the project could continue on to the steel framing. He suggested the engineering staff meet with Ordung at the site and go through any concerns. Chair Streeter suggested the meeting happen with Ordung in the next two weeks before any more work and so the board could approve at that meeting. Discussion followed. Streeter reiterated to have all the engineers and the building inspector on board so at the next meeting the permit could be issued.
The hearing was continued to the next meeting.
0 White Pond Road
Flexible Development Special Permit
The Public Hearing for this Flexible Development Overlay District Residential/Open Space Development Special Permit was Closed on September 23, 2024. The Planning Board Will Discuss Conditions, if any, for the Approval of This Special Permit.
Keating went through the order of conditions for the Special Permit. Streeter asked about putting the Home Owners Association (HOA) in place now. Member George Frantz asked who would own the road. Member Dickinson said it was a driveway. More discussion followed.
Peter Forte, representing the GoVenture Capital Group, LLC, said right now there is only going to be one owner. Therefore conditions 21 and 22 would have to change if there is change in ownership. Chair Streeter wants something that is not dependent on someone noticing that a change needs to be made. An entity needs to be put into place. Forte said the open space will be owned by a separate entity. He said they will supply the documents to the Board.
The order of conditions will be finished and issued when the documents from the applicant are ready.
Select Board 10/21
This long meeting included a lot of discussion on the finances of the town as well as a statement by Board Member Ralph Gifford regarding a legal challenge by the Board.
Meeting Minutes
The minutes of September 16 were approved.
Joint Meeting with Finance Committee to finalize FY26 Capital Budget Draft
Kate Hodges, Town Administrator, shared the plan from the last Finance Committee meeting. The bubble items are items that may not be necessary to do this coming year. In talking about the Old Town Hall fire escape railing that was one of the bubble items, the Finance Committee had discussed closing the building entirely but it is used for voting and some other activities so Hodges said at that meeting she would get the costs of the building together to have further discussion. Hodges reported that the building needs to be insured regardless, and the insurance is higher for a vacant building. The insurance company does not recommend this. The electric is off the solar field and those credits could be transferred to other buildings. But the big one, she said, is the heating, which runs at about $8000 to $9000. Finance Chair Dick Trussell asked about using the school for voting. Hodges said since voting is on a weekday, using the school is not possible. Chair Trussell wants to find another location instead. The railing is the capital expense that drove the discussion; to fix it is $80K. Discussion followed. Select Board Chair Steve Kerrigan advocated for fixing the railing.
Hodges went through two more bubble items. There is $130K for the Community Center and $35K for the paving of the parking lot. The thought that the $130K for the Community Center would be matched with a grant of $75K was incorrect so this item fell off the expenses. The consensus on the paving was to do what was necessary to make the area safe.
Hodges went through the debt plan. She talked about a loan for the library for $5.5M at 3.5% and the lease for the fire engines; in counterbalance she said the debt for the old high school will be coming off this year while the new high school debt starts and the debt for the old fire engine comes off as the new debt for the new fire engines will come on in FY27.
Joel Mule, Library Director, came to podium to talk about the bond for the library building infrastructure. Trussell questioned the roof costs. There was discussion about all the items included.
Member Gifford summarized the debt lines in the spreadsheet. He recommended doing what the town can do and defer the rest. There was general agreement on this. The roof would be phase one, costing about $500K. Finance Chair Trussell pointed out that CPA funds can be used and Select Board Chair Kerrigan advised Mule to look for funding from grants and the like.
Scott MacDonald, DPW Supervisor, spoke about the water main upgrade and whether to pursue $2M or $4M. Trussell recommended spending $1.5 on three major roads to get the most critical mains done. Hodges went through the finances of the Water Enterprise Fund. She advised that the fund could afford $2M but not $4M. Chair Kerrigan recommended MacDonald look at options and advise what is possible. Finance Committee member Roy Rezac asked about when there will be more accurate numbers for the high school. Hodges said January 29, 2025.
Tax Fairness Committee, finalization and acceptance of committee report
Chair Kerrigan is all set with the revisions and thanked the committee. The town will print and distribute the report. The report was approved by the Board.
Public Comment
Ann Ogilvie, 4 Turner Ln, asked the Board to vote no on P.J. Keating’s and Chisolm’s request to waive the hearings on their earth removal projects. She went on to recount problems with pollution and nuisances to the neighborhood.
Justin Smith, 4 Turner Ln, repeated the request for the Board to vote no on the request to waive the hearings.
Kathy Hughes, 80 Fire Road 11, cited pollutants in the ground water, source unknown, and repeated the above requests.
Frank Streeter, Bull Hill Rd, repeated the request.
Kevin Hinckley, 194 Grant Way, abutter to the Chisolm property and recited problems with dust control. He repeated the request.
Member Gifford made a public statement:
At our September 4 Select Board meeting I made comments and requests that resulted in a small number of town employees filing complaints against me. The complaints were that they felt unappreciated and targeted by me. My comments and requests that caused offense were:
1. I asked that our budget goals include cost cutting,
2. I reported comments from a voter who questioned the value of some of our services, and
3. I asked that we provide town officials with direct access to Town Counsel when they need legal advice for Public Records Requests.
I was doing my job as an elected official. Although I disagree with them, I nevertheless thank the employees who publicly expressed their concerns at the September 16 meeting. That’s how we deal with differences in a democracy. Unfortunately, I had Covid and was unable to attend, or I’d have responded at that meeting. In contrast to the two employees who spoke at the Sept 16 meeting, Town Counsel was used to bring formal complaints from three employees against me. On Sept 11 I received the following letter emailed from Town Counsel:
Dear Mr. Gifford,
You are hereby notified that a meeting will be held before the Select Board on Monday, September 16, 2024 at 6pm in the Nashaway Meeting Room, Prescott Building, 2nd Floor, in Lancaster. The purpose of this meeting is to discuss various complaints filed against you. Copies of these complaints are attached to this email. In addition, while the Board will not discuss your professional competence in executive session, your character and reputation may be discussed.
The meeting will be conducted in executive session pursuant to G.L. c. 30A, § 21(a)(1), unless you request that the meeting be held in open session. Under this same statute, you have the following rights:
i. to be present at such executive session during deliberations which involve you;
ii. to have counsel or a representative of your choosing present and attending for the purpose of advising you and not for the purpose of active participation in the executive session;
iii. to speak on your own behalf; and iv. to cause an independent record to be created of said executive session by audio-recording or transcription, at your expense.
Sincerely,
Ivria Glass Fried
Ms. Fried is an attorney with the law firm Harrington Heep.
As is my right, I hereby submit the Town Counsel’s letter for public records purposes.
After receiving the letter from Town Counsel I was informed by Town Counsel that if I wished to exercise my right to counsel it would be at my personal expense.
I exercised my right to counsel and paid for it out of my own pocket. Sometimes there are costs to defending democracy. Throughout history others have paid much higher costs. By contrast, my personal payment for counsel is small.
My attorney advised me on my rights and wrote a letter to Select Board chair Steve Kerrigan informing him that the action brought against me had no basis in law and was not authorized by law. The hearing was subsequently canceled.
Our citizens need to know that their tax dollars were inappropriately used in an undemocratic attempt to stifle my representation of their concerns. I was duly elected by a majority of Lancaster voters. During the campaign I spoke to hundreds of voters who expressed their concerns about our high taxes and the value of the services they get for those taxes. I was elected to bring forward those concerns. It’s my job as a Select Board member. It’s how democracy is supposed to work.
The action brought against me was inappropriate and probably illegal. The money spent on Town Counsel for this inappropriate action was wasted – money from the pockets of every resident in town.
For the record, I support our Town employees. I want them to feel secure. I don’t want them to feel anxious or uncertain about the stability of their employment. To make that possible we need:
1. Healthy town finances that allow us to spend the funds necessary to create the town we want.
2. Trust from the residents of Lancaster, who in the end will need to approve every dollar of that spending.
We have to work to earn and maintain that trust every time we meet. Residents need to see that we are examining town operations and striving for efficiency – precisely what I was doing at the Sept 4 meeting. To insist that there is nothing to cut in a 28 million dollar budget for municipal services does not instill confidence.
I welcome open conversation and healthy introspection. It helps build trust. Frittering away public money on personal vendettas destroys trust.
Speaking to employee anxiety, multi-year budget forecasting is one of the most important tools we can use to avoid overrides, ensure financial stability, and reduce employee anxiety. The Department of Revenue recommends five-year projections as a best practice. If we care about town employees we’ll implement five-year projections in our budget.
We have major expenses ahead of us. To keep our town employees' jobs secure, we need confidence that the spending we approve today will be sustainable tomorrow. We need to prioritize, plan, and schedule. We need tools to help us understand the big picture and see the long term impact.
When I represent voter concerns, as I did on Sept 4, it’s an opportunity for the other Select Board members to present other perspectives and information. It’s an opportunity for dialogue.
Nobody who volunteers to serve in government should have to pay for their own counsel to defend themselves from inappropriate legal attacks, attacks using town resources, attacks meant to silence them and disenfranchise the voters who put them in office. This should never happen again. I’m an elected official. I answer to the voters.
I am emailing the text of this speech to my colleagues so that it becomes a public record.
Chair Kerrigan said there was so much in these comments, and it would take another whole meeting to respond to them. He said he found the whole thing insulting. He was surprised that Gifford responded this way to the employees of the town who work so hard, and that the executive meeting hadn’t been cancelled because of any lawyer’s letter. Member Jason Allison complained about the comments not being an agenda item.
Administration, Budget and Policy (Votes may be taken)
Earth Product Removal Permits: Chisolm & PJ Keating
Board to discuss requests from owners/agents to waive renewal hearings.
A motion was made not to waive the hearings. This was approved.
Abutter Lot Sales Program
Board determinations regarding purchase offers from multiple entities.
Lot 10-31 had 3 competing bids. After the statements from the abutters, Kerrigan asked if they could split the property but there was hesitant, limited consensus. The vote went to Rebecca Tenen who owns an abutting home.
Lot 10-108 had 2 competing bids. The vote went to Jay Dudley.
Lot 10-108D had two competing bids and the vote went to David Murphy.
Lot 10-71 went to James and Colleen Kelly.
Lot 10-78 went to Andrea Jarrett.
Select Board Policies (Gifford; tabled from previous meetings)
Member Gifford made a motion to make the language in the policies gender neutral and leave other more complicated changes to a later date. Chair Kerrigan said he thought Gifford was making new policies not revamping old. He also said there was no supporting material provided prior to the meeting so he suggested they table the item and have the documents ready for the next meeting.
Select Board Goals (Gifford; tabled from previous meetings)
Member Gifford said he has considered a new approach and he suggested benchmarking against a neighboring town and brought up statistics of the town of Sterling with a similar size population and semi-rural aspects. Chair Kerrigan interrupted him at this point to point out this was about goals. Gifford said Sterling is comparable in size. He said the average residential tax was $6000 per annum and Lancaster’s is $8000. Sterling’s businesses compromise 11% of their tax base, Lancaster’s businesses represent 12%. Notably Sterling has trash pickup, and their internet and electric rates are lower. He asked what can Lancaster learn from Sterling?
Member Gifford said he would supply something for the next meeting regarding the comparisons.
Member Allison said that this wasn’t a plan. He said wishing our taxes were lower because our neighbors’ are, was not meaningful.
Member Gifford said he wanted to work together to develop a plan. He said we can learn from other towns. He said he met with other Select Board members from other towns. He said they are all trying to increase the business in their town. Member Allison said Gifford could learn from Hodges and Kerrigan, and Gifford voted against the budget goals previously. He said they needed to have a plan, and Gifford doesn’t have a plan.
Member Gifford clarified his position on the goals again, saying the goals presented did not include any goals about lowering taxes. Discussion followed. Chair Kerrigan said Sterling was not an apples-to-apples comparison. Chair Kerrigan said Gifford had not come up with any plan. Chair Kerrigan said he was not interested in having a conversation about other towns. More comments were made.
Special Acts of 2002 - Finance Provisions, Articles 5 & 6 tabled from Special Town Meeting; Board determination relative to future action, if any, to align Town Code to practice.
Hodges corrected some statements she made at the Special Town Meeting. She said there were 7 or 8 more things in the pipeline that need to change to match current practices. Chair Kerrigan would like to pursue these Articles.
Hawthorne Lane
Update & Review of Outstanding Items in Development
No update.
FY26 General Fund Budget Updates & Forecasts (informational only)
The Finance Committee Chair Trussell confirmed the January date is all set.
Appointments
Community Preservation Historical Commission Representative
Amanda Kelly
This was affirmed. The Historical Commission had already approved this appointment.
Licenses and Permits
Application for Use of Town Green/Gazebo Date of Activity: Friday, December 6, 2024 Time: 6:30pn-8:00pm Name: Lancaster 4H – Judy Zmijak
Event: Annual Tree Lighting
This was approved.
The Board then entered into executive session discuss strategy with respect to threatened litigation against the Town by Fire Department retirees Christine Monahan and Normando Diaz.