Issue 11 December 2024
Conservation Commission 10/22
This meeting primarily concentrated on the 0 Hill Top Rd development and its effect on the local environment. As cited by Cara Sanford in her remarks, this environment has been designated as a Legacy Forest by the federal government.
Public Hearings
Continued Notice of Intent – 0 Heritage Lane
Construction of a driveway crossing and single family home
Request to continue until November 12 was approved.
Continued Notice of Intent – 10 Fire Road 54
Request to continue until November 12 was approved.
Continued Notice of Intent – 121 Fire Road 11
Retaining wall replacement and site improvements
Request to continue until November 26 was approved.
Continued Request for Determination of Applicability – Removal of dead trees within the Seven Bridge Road right-of-way
Request to continue until November 26 was approved.
Continued Notice of Intent – New England Power Company Right-of-Way easements Construction of access road improvements and permanent work pads serving transmission lines.
The site walk with Brad Stone, Conservation Agent, have prompted some changes and these have been submitted. Stone is now satisfied.
A motion to close the hearing was approved.
The motion to issue an order of conditions was approved.
Continued Notice of Intent – 0 Hill Top Road,
Construction of roadway and utility infrastructure at 0 Hill Top Road
Matt Marro, Marro Consulting, representing the applicant updated the commission on the wetlands delineation. Some flags have been relocated. An old pipe containing water flow has been discovered but the source has not been determined. Lots of old pipes are in the area. The culvert in Hilltop Road may need to be replaced.
Cara Sanford, 350 Bull Hill Rd, read a letter about the land diversity in wildlife in this area:
This is a frustrating site plan because it does a lot of damage to the biodiversity of the location yet is designed so that the Conservation Commission has limited influence. Prior to this proposed subdivision, this location has been some of the best interior wildlife habitat in the Town. It's been mapped by Fish and Game and the Nature Conservancy as a land protection habitat priority for the State and did receive federal Forest Legacy funding which was not accepted by the landowner. This site plan goes right to the buffer zone area of what is, today, an incredible interior habitat pond. That's going to change dramatically with this subdivision. Lawns, storm water basins, cleared trees, and pets, are going to expose that pond and change that Interior wildlife habitat forever. I looked at the Planning Board site plan and many of the individual houses are set about 12 inches outside of the 100 foot buffer zone. So, theoretically, there could be no wetland protection act filing at all because of that. A new landowner thinks he or she has a certain acreage to live on when really it's 1/3 of the parcel and this is a recipe for lawn encroachment, thereby putting a burden on the Conservation Commission for enforcement. The Isolated Wetland in the middle of the loop road is really disturbing to me. It's not been evaluated as vernal pool habitat yet has a proposed road with houses and lawns completely encircling it. That's going to condemn that wetland, if it is vernal pool habitat, as unusable. The applicant's environmental analysis letter is, in my opinion, misleading in talking about the Open Space component to the project. When that term is used in a development application, it usually means that the land will be perpetually protected and also, deeded to the Municipality or a Land Trust. Neither is true in this case. So, why use the term? I looked at the August 2024 Google Earth aerials and the DEP wetlands GIS layer and what is referenced in the environmental analysis letter as Open Space is, essentially, the unbuildable parts of the tract. Unbuildable because of wetlands and the wetlands blocking access to further uplands. Personally, it's really hard to witness something bad about to happen to the biodiversity of this incredible location that I live next to and which served as the catalyst for my environmental advocacy all those years ago when I moved to Town in 2003. I wish this Applicant had had it in them to value the biodiversity of the Site and design his plan accordingly.
Adam Zand, 202 Hilltop Rd, asked about the old pipe. Marro said during that time of year, June, when he inspected the area, had heavy vegetation and so this time of year showed it up clearly. Marro explained the opening of the pipe is amid the wetlands. Marro said there is only one vernal pool shown in that area but it has fish in it so it cannot be vernal.
Kris Mahabir, 679 Hilltop Rd, said there is a substantial network of pipes to drain the area installed by the Thayers. He thinks they should be mapped. Marro recited some of the challenges of mapping the area. He doesn’t think the pipes will influence the hydrology of the area.
Stone talked more about the pipes. There is a possibility of a network going down towards George Hill Road. He said it would take a very long time to find all the pipes. He said the only relevant ones are in the resource areas. He is “pretty confident” in the delineation of wetlands. If there are pipes outside the wetlands, those areas aren’t within the conservation area.
Chair Tom Seidenberg asked if there should be a condition to discuss any pipes discovered during construction. Stone agreed.
James House, 495 George Hill, wanted to bring up the paragraph of the wetlands report, citing the wildlife species possibly contained within certain areas, indicating vernal pools during springtime. He questioned why wetlands are being mapped during the driest time of the year. Chair Seidenberg said there will be a discussion about vernal pools.
Sanford supported House in his comments. She thinks the plan presented is of smaller scope than the overall impact of the development will be.
Kendra Dickinson, 2 Oetman Way, stated that if someone was very passionate about preserving the area, they should offer to buy the land.
Stone made a statement about the jurisdiction of the Commission. He said the Commission will notice if there are conditions that need review by the Commission by engagements with Planning Department.
The action items for this property are finalizing the peer review, investigating the pipes, and updating the plans with the new findings.
A motion was made to continue until November 12 and approved.
Discussion
Enforcement Order – 397 Center Bridge Road
Stone has been in touch with the consultant working for the property owner. He is waiting for updates.
General discussion regarding updating the Wetlands Protection Bylaw
Chair Seidenberg outlined steps to get a warrant article ready for the May Annual Town Meeting. Stone is hesitant to commit to dates because of his other investigations on projects. He needs more institutional knowledge about the town. He wants more guidance from his director. He cited some issues with ambiguities and exemptions. He says other towns don’t define land features that exempt properties from bylaws and doesn’t include “grandfather” clauses. Stone asked for others’ help with definitions and exemptions.
Sanford said she was one of the authors of the current bylaw and they were worried that the bylaw wouldn’t pass, and it only passed by 7 votes. She said practical experience would be appreciated in improving the bylaw.
General discussion regarding the oversight of open space parcels
Chair Seidenberg talked about trail accessibility and signage, potential CPA funding for projects, and involvement from Recreation Committee. The Commission only has about a month to submit applications, this time may be too short for the Annual Meeting, but maybe it could be done for a fall town meeting. He talked farther about connecting the open parcels, outlining the different ones that could be connected, having a goal of having a north to south trail continuation.
Commissioner Carl Fawcett asked about a map update for all the trails owned by the town and the Land Trust.
Discussion followed with Sanford’s who contributed her past experiences in this area. Open space and recreation use would open up some funding and work has been done by the Recreation Committee to get the funding they have.
Alix Turner, 620 Main St, talked about the Cook Conservation area parking lot. She also offered help in this area.
Fawcett clarified that the open space has been removed from the Hilltop development.
Stone asked about the open space contained between Sterling Rd and George Hill Rd. What uses are allowed on this parcel? Seidenberg said the sugar house run by the boy scouts are on this parcel with planted trees for maple syrup harvesting. The permission for this usage was just re-approved. Turner explained more about the history of the parcel.
Stone asked about hunting or other activities on open parcels. Chair Seidenberg said he is not aware of any rules or regulations. Commissioner Jim Lavallee said that in his recollection only snowmobiling has been approved. Chair Seidenberg said some of the deeds may have restrictions. There is a 30-year limit to deed restrictions unless renewed.
Minutes to Approve: 10/8/2024
These were not available for approval.
Board of Health 10/24
This meeting discussed several housing issues in town with rental properties.
Discussion:
27 Russell Lane
Trailer update
Jim Garreffi, Nashoba Associated Board of Health asked about the trailer. Samantha Zediker, Assistant to the department of Health and Human Services, reported the trailer had been removed and so Melinda Apgar, Acting Chair, said this could be removed from the agenda.
132 Kilbourn Road
Temporary housing status
Garreffi reported that the trailer was no longer there but when the police and EMS entered the house there are now concerns with the house with heating system and carbon monoxide. The Clinton Fire Department did not find any carbon monoxide in the house.
There is a pellet stove without a permit being used for heating. Owner needs to follow up with the building department.
The oil tank appeared to be sweating, indicating it is rusting out, so the oil company refused delivery. There is no central heating, so Garreffi advised the owner he needs to address the heating situation.
It was also noted there are no smoke or carbon monoxide detectors.
A letter had been sent requesting a full inspection. The owner declined an inspection.
Garreffi recommended obtaining an administrative search warrant.
Kate Hodges, Town Administrator, recounted that this house had been reported as an undocumented boarding house. She said there could be as many as six people at risk in the household.
Member Sheila Mallette made a motion to approve the court for the search warrant. This was approved.
89 Narrow Lane
Rodent infestation and heating system problems
Tenants tried to work on the issues with the landlord but was unsuccessful. An order was sent to the owner. The pest company has been contracted and Garreffi is working with the owner to continue addressing the issues. The owner requested a hearing but has not been able to make any of the suggested times. There are other issues in contention between the tenant and the owner, including removed flooring. The tenant is supposedly in the process of moving out. The unit cannot be re-occupied until the issues are resolved. Hodges said the tenant has children in the school system and there is a state agency involved. She said the tenant could not find other lodging as of the last time she had talked with her. Garreffi said the tenant can stay in the unit as of now, but the unit needs to be cleaned up from the rodent infestation which the tenant is responsible for the personal items affected.
Mallette stated that the owner needs to make a hearing by November 14 because of the order that was sent. Apgar agreed. A new hearing date to accede to the owner’s request was set for November 6 at 9:30 AM.
679 George Hill Rd
Irrigation well permit request—approved by water department
The permit will be issued.
194 Grant Way
Site visit update
Garreffi has not yet been able to confirm the pile has been moved.
Laurel Hill Road
Permit for sleeves for a forced water main.
The sleeves and insulation have been inspected; no further action is needed until the plans for the water main are submitted.
License Review
The Select Board requests the Board of Health review licenses for any code violations by November 13.
A report will be submitted.
Purchases
Several items needed to be purchased to have safety supplies and translators.
These requests will be made.
Public Concerns
Dust issue at 70 McGovern Boulevard
There is dust from the road affecting public health.
Elias Faraclas shared numerous pictures from the soccer fields abutting 70 McGovern Boulevard. Garreffi will go out for an inspection and follow up with the owner.
Minutes
The minutes of September 26 were approved.
Zoning Board of Appeals 10/24
This meeting was solely focused on the development on Neck Rd.
Approve Minutes of 9/26/2024.
These minutes can be viewed here: https://www.ci.lancaster.ma.us/board-appeals/minutes/09-26-24-zba-meeting-minutes-draft.
The minutes of September 26 were approved.
Public Meeting
Comprehensive Permit:
13 Neck Road – Neck Farm. The Zoning Board of Appeals will hear a motion to approve, not approve, or approve with conditions, the proposed comprehensive permit by Neck Farm, LLC to construct ten units of housing in two buildings on a 0.56-acre parcel located at 13 Neck Rd. The Public Hearing for this application was opened on December 14, 2023, and was closed on September 19, 2024. Pursuant to CMR 760 56.05 (2) and MGL c. 40B The Lancaster Board of Appeals will hold a public hearing on Thursday, December 14, 2023, at 7:00 PM. A petition by Neck Farm, LLC (applicant and property owner), 66 West Street, Suite 1F, Leominster, MA, for the following: Comprehensive Permit (M.G.L. 40B) for the construction of eleven (11) units of housing, including three (3) affordable units, on a .56 acre site. The property is located on Neck Road and Center Bridge Road in Lancaster and is identified on the Assessor’s Map 34 Parcel 42. Minutes to the Public Hearing which was opened on December 14, 2023 and continued on January 25, 2024, February 22, 2024, March 28, 2024, April 25, 2024, May 16, 2024, June 27, 2024, July 18, 2024, August 22, 2024 and closed on September 19, 2024, can be viewed here: https://www.ci.lancaster.ma.us/node/16/minutes.
Town counsel Adam Costa went through the history of documents and the final draft of the order of conditions for the development for approval.
The original application was for 11 units and 3 buildings, now reduced to 10 units and 2 buildings. The applicant will become a limited dividend organization and has submitted a project eligibility letter. The town’s affordable housing requirements are being met with this development. This project has been deemed to be “legally” consistent with local needs.
All the waivers included in the conditions were approved except for the waivers J-L which included building and occupancy permit fees and sewer connection fees.
The conditions 1 through 51 had changes that were reviewed. Chair Rob Alix requested some clarifications on the maintenance reporting. Atty Costa explained that there may be a management company involved in these logistics. Atty Costa also stated the sidewalk needs approval from the Select Board to be located on public land.
Planning Director Brian Keating asked about change of ownership; Atty Costa said the regulations govern this and needs to be approved by public hearing if substantial. This development would be considered to have a substantial change if there was a change of ownership because of the affordable housing.
The Board voted to approve the development.
Planning Board 10/28
This meeting continued the hearing on 0 Hill Top Rd in which water resources are the major issues not resolved. The other project requiring long discussion was the 2038 Lunenberg Rd development with Habitat for Humanity scheduled to build the two affordable units.
Approve meeting minutes: October 15, 2024.
A draft of these minutes can be viewed here: https://www.ci.lancaster.ma.us/node/36/minutes.
These were approved.
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 October 15, 2024.
Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/0-hill-top. The application of 0 Hill Top Road, LLC., applicant and owner, 98 Adams Street, Leominster,, MA, for approval of a Definitive Subdivision Plan, dated June 14, 2024, entitled “Definitive Subdivision Plan Hawthorn Hill”, being located at 0 Hilltop Road in Lancaster, Massachusetts, which land is identified in the Worcester District Registry of Deeds at Book 69945, Page 74, and shown on Lancaster Assessor’s Map 32 as Parcel 1H. The Parcel consists of approximately 130 acres. Eighteen (18) new residential lots are proposed.
Frank McPartlan from Dillis & Roy, representing Whitney Companies, recounted the comments from the Conservation Agent, Brad Stone, that coincided with Bethany Ordung, town consultant from Haley Ward about stormwater management. New revised water connection was presented, as well as a new sewer connection to avoid road rebuild and provide a water hydrant, this 8” connection would be coming from Bull Hill Rd. McPartlan said there is an easement allowing this connection which will cross a stream and Chair Frank Streeter questioned whether this would be allowed by the Conservation Commission. McPartlan is advocating trenchless building for these connections using a drilling method. They are targeting to drill 5 feet below the stream. Member Regina Brown asked about hitting obstacles like railroad tracks known to be in the area or road material. McPartlan talked about exploratory methods. He said this method has been used in Lunenburg to install a water main under Rt. 2A. More discussion followed in trying to discern how the method works. Brown questioned the extent of the easement. McPartlan directed her to the plan. Ordung spoke via Zoom. She looked at the plans and has no comments but did ask whether the development can use the easement.
The Board received a lecture from the applicant’s attorney, Thomas Bovenzi, about how their jurisdiction does not extend to determining whether the easement can be used.
Brown read a letter of concerns from Scott MacDonald, Department of Public Works Superintendent, about the water citing the meter pit on Bull Hill. The main coming out from the pit is privately owned. This connection would be needed to 8” and the meter would need to be changed. McPartlan said they will be installing parallel lines and will work around this. With the 8” pipe there is no need for a pump station. Some discussion followed about the abutters’ utilities. Streeter asked about precautions to protect the abutters.
Victoria Petracca, Chair of the Lancaster Affordable Housing Trust, went through the Inclusionary and Affordable Housing Bylaw: that units need to be identified on the site plans and the town will consider payment in lieu of units.
James House, 495 George Hill Rd, talked about the water friction within the pipe, and this wears out the pump faster. He cautioned about increased costs for the town.
Kris Mahabir, 679 Hill Top Rd, asked if the pipe would be crossing his property, which it will be under the existing easement. He also stated he understood utility easements to be for existing infrastructure not for additional construction. Kendra Dickinson said the construction will be trenchless. Mahabir then asked if the pits needed for the trenchless construction would be on his property. Dickinson could not answer. McPartlan said this was allowed by the easement.
McPartlan clarified that there would be notice for the construction.
The applicant asked for clear communication from the Board and the peer reviews will be done. There was continuing discussion about water sources and the frustration of the applicant was evident, saying the discussion was a big deal about nothing. Chair Streeter pointed out the people that will live there will care about water sources. Member George Frantz thinks a conditional approval could be done at the next meeting.
There was a request and a motion to continue the hearing until November 19. This was approved.
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 The property is located at 842 Sterling Road in the General Industry Zoning District and within the Floodplain Overlay District. The property is identified in the Town of Lancaster’s Assessor’s database as Map 842 Sterling Road, Lancaster, MA is identified on the Assessor’s Map 040, Parcel 0014.
John Farnsworth from Farnsworth Engineering spoke that he thought all the stormwater issues had been resolved. Brian Keating asked about a building that had been planned in 2017 and what was the difference between that and the current? The current building proposed involves more of the site. Farnsworth would like to move forward and get a building permit. He thinks all the necessary work has been done and other town consultants and officials are satisfied.
Brown made a motion to close the public hearing. The applicant, David Fisher, is anxious to start construction.
The hearing was closed, and an order of conditions will be available as soon as possible to approve on November 19. There was further discussion and the procedures and the relationships with the building department and Mike Silva, Building Inspector.
357 Sterling Road
This is a continuance of a Public Hearing that was opened on January 8, 2024. This Public Hearing is being continued from August 26, 2024, 2024 This is an application for a Stormwater Permit and Site Plan approval to construct a proposed 6,780 square foot community center accessory attached to an existing place of religious assembly at this site. This site is identified in the Town of Lancaster’s Assessors Office as Map 41 Parcel 11. Project documents can be viewed here: https://www.ci.lancaster.ma.us/planning-board/pages/357-sterling-road.
This was continued until November 25.
Public Meetings
McGovern Blvd Extension
Application for a Definitive Subdivision Approval. This public hearing was closed on September 9, 2024. At this meeting, the Planning Board will Discuss the Conditions if Subdivision Approval is Granted. Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/mcgovern-blvd-ext-definitive-subdivision-0.
Shannon Boyce, from the Capital Group, asked for a continuance. The request was not necessary, but the matter will on the agenda for November 25.
2. 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. At this meeting, the Planning Board Will Discuss Conditions, if any, for the Approval of This Special Permit Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/white-pond-rd-flexible-development-plan.
The open space ownership was discussed. Brian Keating, Director of Planning, is concerned about this. The documents have not been created yet for this ownership. Peter Forte, applicant from GoVenture Capital Group, came up to answer questions. There was more discussion about the driveway to the units. More discussion followed about a Homeowners Association and the ownership of the open space.
Brown made a motion to approve the document drafted by Keating, and this was approved.
2038 Lunenburg Road
Request for Release of Form F Covenant. This is a new Subdivision that was Approved Under the Integrated plan Overlay Special Permit. Construction of the Road has begun, and the Developer is Requesting to be released from a Covenant Not To Build.
There are still taxes outstanding. Attorney for the applicant, Harbor Classic Homes, LLC, Peter Campobasso, presented 4 options about how to go forward. The roadway will not be turned over to the town but maintained by Homeowners Associations. The developer asks to release 8 building sites which will be sold, of which one must be an affordable unit. Petracca came up to advise that one unit must be identical to the other 7 and the affordable unit has been built by the same builder. The other 16 would not be sold. Petracca expressed frustration that the bylaw is not be understood well enough by the Board and the developer to be implemented properly. She is afraid a bad precedent will be set that will vacate the intention of the bylaw.
Campobasso had further questions about how any buyer of the building lots will be able to get a building permit under the Special Permit. Chair Streeter didn’t think individuals would have to come back since the Special Permit had been approved. There was further discussion about setbacks and the location of the homes. Chair Streeter asked about modifications of the Special Permit. The applicant dissuaded this notion. Chair Streeter said if there is a simple explanation of the site plans, then he invited the engineer to show Keating the explanation. Petracca came up to ask that the affordable lot be identified.
Select Board 11/04
The earth removal permits came up for discussion in this meeting for both P.J. Keating and Chisholm. Both projects have complications and the original order of conditions for both these properties are not regarded by the residents as properly monitored by the town, leading to various questions about the safety of the ground water effects and air pollution.
Approval of meeting minutes
Review and take action on the following Select Board’s Regular Meeting Minutes: October 21. These were approved.
Joint meeting with the Lancaster Finance Committee
Joint Appointment with the Select Board and Finance Committee to appoint Michael A. Pultorak, term to expire May 12, 2025.
Pultorak made a statement in favor of his appointment. He lives at 72 White Tail Lane. He has two children and has professional experience with “numbers.” This is the first time he is volunteering for the town.
The appointment was approved unanimously by both the Select Board and the Finance Committee.
Public Hearing Renewal of Special Permit to Remove Earth Products (Sand and Gravel)
Notice is hereby given that a Hybrid Public Hearing will be held on Monday, November 4, 2024, at 6:05 P.M. Zoom Link https://us02web.zoom.us/j/82286721904?pwd=TiL8jGtROa1bClcvu3vvrmFh7vJabn.1 to consider the application of William Daniel Chisholm, Trustee, Mountain Laurel Realty Company d/b/a Stow Sand & Gravel Company, 388 Goodrich Street, Lunenburg, Ma 01462 for renewal of a Special Permit To Remove Earth Products (Sand and Gravel) from a parcel of land located - Assessors Map 5/Parcels 27 (0 Shirley Road) and 32A (0 Chisholm Trail) with access over Map 5/Parcels 30 (1922 Shirley Road) , 31 (49 Chisholm Trail) and 32 (696 Fort Pond Road).
Mikael Lassila, Tauper Land Survey, spoke for Chisholm, sharing plans via his screen on Zoom. The plan was done 28 years ago and the company is continuing/renewing this plan. There is 5000 more yards to remove and the property is currently pending a Purchase & Sale agreement for after the final work is done. The applicant would like the permit renewed for 2 more years. There haven’t been any concerns since Lassila has been involved. The permit expires in two weeks. Lassila just got notification for the hearing.
Member Jason Allison asked if the Board of Health needed to come out at some time to deal with complaints of dust. Lassila said he understood those issues were resolved.
Member Ralph Gifford asked if the site has been used for active removal since 2021. Gifford asked if inactive, or just inactive during the winter months. Lassila answered that there had been a gentleman processing firewood. Lassila said there have been small movements of already excavated material.
Gifford asked about the water quality of the pond has evaluated. Michael Trovato, Tighe & Bond, said there has no water testing of the pond. The ground water wells have been reviewed as far as their levels. Chair Steve Kerrigan asked if there was any reason to not renew the permit. Trovato said no.
Lassila said the pond is at a higher elevation than the earth removal project.
Dennis Hubbard, 258 Grant Way, asked about the monitoring wells. He asked to confirm there were monitoring wells in the areas that there is activity. Lassila pulled up the NRAD and Chair Kerrigan interrupted to get a quick answer. He referred to a 3-acre area where there are 3 monitoring wells. Hubbard then asked about dust mitigation, what is being used? Lassila said there is no active mining going on but typically when mining they use watering trucks. He said the area is in a hollow and there have been minimum issues. He said he had heard on Friday about some dust issues and Chisholm said in answer to Lassila’s question, that this had been mitigated. Member Allison asked about the plans for dust mitigation per the permit. Lassila said there is a plan. Hubbard and then asked about restoration within thirty days after finishing a zone. Have they finished behind Grant Way and when will there be restoration in that area? Lassila said they weren’t talking about that area. Hubbard said he is talking about an area behind Grant Way that he understood to have been finished up in 2021 or 2022. Chisholm is supposed to do restoration work before moving on to another area. Lassila is not aware of restoration work in this area. Hubbard said the dust has been horrible until the large piles had been removed. He is concerned that the town has been lax in insisting on restoration and dust mitigation after the mining has been completed but there are still large piles of material in the area. He said the town needs to make sure the site gets completely restored with 9 inches of loam on top before there is a change of ownership and responsibilities get muddied. He proposed that any area is fully restored before there is any new work. Hubbard asked how often there have been site visits? Has there been air monitoring?
Frank Streeter, 135 Bull Hill Rd, asked about future site management with the pending P&S? Lassila does not have the plans. He said you don’t want to restore, if you do new construction. He said Chisholm is hesitant about restoration until the plans for the site are known.
Kevin Hinckley, 194 Grant Way, who has been before the Board of Health for the dust issues since July of this past year. The state has approached the landowner about this. This area has been completely stripped where a parking lot was supposed to go. Sand was stockpiled up to fifty feet high until the BOH got involved.
Anne Ogilvie, 4 Turner Lane, asked why if only a small part of the site is being actively mined, then why has no restoration been untaken for the rest of the site, when operations are finishing up? There is nothing about restoration in the last monitoring reports. Restoration is important since this is a water resource zone. Chair Kerrigan interrupted to ask if the question is “why hasn’t the restoration happened?” Ogilvie said there are two questions, why hasn’t restoration happened yet? Lassila said under the power lines has not occurred since there needs to an agreement with the power company. He said the mining had been done outside the power lines and there has been restoration in the outside area. Ogilvie asked what restoration has been done and how much more to be done?
Chair Kerrigan clarified that the area under the power lines directly behind Grant way is the power company’s responsibility.
Member Gifford said there is a month and half left on the current permit and there is only this 5000 to go and there is minimal activity in the last three years. So, he suggested it was time to clean the site up. Lassila said the ambiguity of the future of the site is delaying the restoration process.
Hubbard said the work done all the way to the wetlands buffer zone and outside the power lines is now all open sand and if it is going to years before something is built, then something needs to be done about the blowing sand.
Hinckley came back to ask if the permit is approved, it be commiserate with the amount of work/limit needing to be done. A two-year permit is not advisable.
Ogilvie came back to say the quarterly well monitoring has not been happening. The data is not there. She wants the data available.
Member Gifford suggested the hearing is continued, that the matter was not urgent, the Board visits the site, and the Board looks at the permit for renewal conditions.
Member Allison stated he “would never approve looking hard at something.” He said he “had no appetite for that and it is not productive.” He is in favor of improving air quality monitoring. He asked Tighe & Bond about air monitoring. He wanted to advocate for the landowner. Kate Hodges, Town Administrator, stated the permit expires November 19. She wonders why this is being continued.
A motion was made to continue the hearing and approved.
Joint Meeting with the Department of Public Works
Discussion of procurement matter
Hodges recounted how a contract was signed by the former superintendent. It was signed without the necessary process. The bill is $18K+ and there can be a settlement agreement for the work signed. DPW Board Member Doug DeCesare said the corrective action has been taken. He noted the administration secretary was also not present during the time period the contract was signed. This was approved unanimously by both the DPW and the Select Board.
Paint Stewardship Legislation
Thomas Irwin speaking for support of paint stewardship bills H.823, S.542, and S.541. This engages paint stores to voluntarily accept returns of unused paint at no fee and charges the consumer $0.75 per gallon at purchase to support the program. The unused paint is recycled through reuse and fuel.
Forty percent of the paint returned just over the border in New Hampshire which has these laws, is from Massachusetts. Irwin cited all the support and the master plan which benefit from the passage of the bills. Municipalities are being asked to support to move the bills forward.
Minutes
The minutes from October 21st were approved.
Resignations
Judy Ewell resigned from the Historical Commission.
Joint Meeting with the Planning Board
Community Scale, a town consultant, presenting the final draft for the Housing Production Plan. This presentation can be found at https://www.ci.lancaster.ma.us/affordable-housing-trust/pages/housing-production-plan-draft-2024-2029.
Victoria Petracca, Chair of the Affordable Housing Trust, came to the mike to speak while the presentation was being readied for projection. She said the plan will be valid for 5 years. The old plan expired this year.
Nels Nelson and Jeff LaVine presented the plan to achieve and maintain Safe Harbor for affordable housing, reduce cost burdens and provide diverse housing, and to focus on senior and special needs housing.
Member Gifford asked if affordable housing could be an incentive for businesses. LaVine answered yes.
LaVine said commercial property can be the ground floor for housing but does have pitfalls. Member Allison asked about the financial implications. LaVine said multi-family housing can have a better financial impact than single-unit housing. Member Allison also asked what race had to do with affordable housing and if Lancaster has had any issues with “redlining.” Nelson replied that they didn’t do that kind of study. Chair Kerrigan said redlining was illegal and Nelson repeated they had not done a deep zoning analysis.
Planning Board Member George Frantz spoke about the financial connection between taxes and school costs; new children cause a financial loss to the town. He wanted to know how to balance these. Planning Board Chair Streeter interjected that children are a protected class. Nelson said this is a concern that comes up a lot. The rate of impact of the number of children is going down overall. More discussion followed about demographics. Planning Board Member Regina Brown asked about single bedroom units. Petracca said 10% of units must be three bedrooms to count as affordable housing. The Commonwealth has been diligent about this.
Planning Board Chair Streeter commented “I just want everyone to understand that this is a needs analysis, right? This is what Lancaster needs; it does not talk about any of the fiscal implications or the rest and so I just think it's important to be clear on that but again I'd like to thank the entire team for all the work they put in.”
Both Boards adopted the Plan.
Petracca noted that the Plan needs to go to the state for approval.
DCAMM Property
Discussion of the zoning of the property
The Planning Board was included in this discussion and the Select Board is referring the zoning and redevelopment over to the Planning Board. This was approved.
Senior Tax Abatement Program
This is a consideration of income eligibility limits due to high demand.
Hodges explained that there are only a handful of jobs for abatements. There is no limit on income, so maybe there needs to be a limit.
Chair Kerrigan asked for similar communities to be benchmarked and propose limits. The other board members agreed.
Massachusetts Interlocal Insurance Association (MIIA) rate increase
Retirees Group Medicare Program – 2025 Impacts
The rates have gone up about 30%. Hodges said there are extra funds from not hiring positions so no impact for this fiscal year. FY26 needs to have a plan to cope with this.
Capital Plan FY2026 Final Draft
post Select Board & Finance Committee joint meeting 10/21/24: some items were not decided upon.
Hodges recounted the items that did not get a definite decision:
The Finance Committee software ($19.5K per annum) was not approved.
Community Center HVAC Improvements ($130K) was approved. Hodges stated that the fossil fuels cost $25K. There are credits from the solar field which could pay in time for the operation of the heat pumps.
Paving of the parking lot for Town Hall ($30K)) was approved.
Public Comment
Anne Ogilvie, 4 Turner Lane, started her comments and Chair Kerrigan interrupted her. She went on to ask the Select Board to oversee the process involved in earth removal projects. She asked the Select Board to take a more active role.
Board of Health 11/06
This meeting was held to discuss the complaints and the Public Health inspection of Apartment 1 at 89 Narrow Lane. Jim Garreffi, the Director of the Nashoba Board of Health, inspected the apartment and interviewed the tenant and the owner. “Cindy” Zhong was present via Zoom to say what work had been done to correct the violations.
Hearing:
89 Narrow Lane
Order to Correct issued on 10/15/2024
a. 24-hour violations
i. Elimination of Pests
ii. Protective Railings and Walls
iii. Heating System
These issues have been addressed except for the railings and the walls. Zhong said she has people working on these items. Chair Paster asked if the items would be fixed by tomorrow, Zhong said yes.
b. Additional violations
i. Weathertight Elements
ii. Owners Responsibility to Maintain Building and Structural Elements
Zhong recounted at first that the brand-new floor had been damaged and the tenant had said her brother would be helping her repair the floor. Chair Paster said it was business between the landlord and the tenant. The BOH is only interested in getting the floor fixed and it is the responsibility of the landlord to make sure the floor is fixed. Chair Paster extended the time to fix the floor to a week. Garreffi said the time to fix the floor is actually 30 days, that the form is confusing.
iii. Owner/Manager Contact Information and Notice of Occupants Legal Rights
iv. Smoke Detectors and Carbon Monoxide Alarms
v. Means of Egress
vi. Owners Installation, Maintenance and Repair Responsibilities
vii. Hot Water
viii. Plumbing Connections
ix. Bathroom Facilities: Sinks, Toilets, Tubs and Showers
x. Kitchen Facilities
Zhong and her husband requested more time for repairs, citing the tenants recently moved out. The Board advised that the apartment must have cleared all the violations before the apartment can be rented again. Zhong asked for time until December 10.
Chair Paster gave Zhong to address the violations is to clear all by November 27.
Affordable Housing Trust 11/7
This meeting also reviewed the development at 2038 Lunenburg Rd that is to have two affordable units.
Meeting Minutes
Review & take action on Meeting Minutes of August 1, and October 3.
These minutes were approved.
Scheduled Appearance(s)
1. Peter Campobasso, Esq. on behalf of Harbor Classic Homes, 2038 Lunenburg Road
New proposal for two affordable unit requirement in IPOD Special Permit issued August 3, 2020.
The IPOD permit was issued in 2020 for a 23-unit residential subdivision and an office building. The permit is to include two affordable units. Campobasso said they haven’t been able to move the project forward. Harbor Classic Homes has developed a relationship with Habitat for Humanity. Campobasso said it is a good fit for Habitat for Humanity to build the two units. He suggested the company donate two lots to Habitat for Humanity and they build the homes. The homes will be identical to the other units and be following the Department of Housing and Community Development (DHCD) regulations. Carolyn Read, a former Trustee, who is the Executive Director of the North Central Massachusetts division of Habitat for Humanity, spoke about this. She expressed favorable opinions for this action, especially since the site work is being donated.
Chair Victoria Petracca said this needed to be run by the state. Read said she did make a call but hadn’t got an answer. Read said a full-time construction manager employed by Habitat will be building the homes.
Eight of the lots will be bought by Brian Carlson and his homes will be like the designs already submitted.
Campobasso said what plans are submitted to the Planning Board will be what is built.
Chair Petracca is concerned about having now three different projects under one IPOD permit. She is concerned about the deed restricted units being indistinguishable from the other homes in the development. Campobasso pointed out that the development was not supposed to have the same house side by side, the original idea was to have a variety of styles in the development. He said they will start submitting paperwork to make it clear about what is being proposed. Read said their two units will have three bedrooms and two baths. Campobasso said his homes will be relatively the same.
Chair Petracca followed up and said the state needs to be consulted because the parties are changing under the IPOD.
2. Jeff Bagg, BSC Group, 220 Old Common Road – DCAMM Surplus Property
Presentation of site redevelopment proposal. The presentation can be viewed here: https://www.ci.lancaster.ma.us/sites/g/files/vyhlif16016/f/pages/2024-11-04_affordable_trust_dcamm.pdf.
Bagg, Senior Manager of BSC Group, explained they are civil engineering and infrastructure planning company. They have been hired by the town to work on the DCAMM property. The key focus right now is to determine the best zoning options for the property. He presented some slides, and he hopes to help the town be ready for the Town Annual Meeting with a proposal. The acquisition of the property needs to happen before July and will be decided at the Town Annual Meeting. He showed the plan for the area to be developed. He talked about the differences between IPOD and 40R zoning. He said the IPOD may be the best option for this property. Both options have a large percentage of affordable housing, the IPOD 17.5% equaling 34 units and the 40R with 20% owned units equaling 38 or 25% of rental units equaling 48 units. The 40R option comes with state incentives, Chair Petracca calculated it at over $700K. She also stated that there is nothing built under IPOD and feels that developers have a good feel for successful projects and the IPOD has not been adopted for over 15 years.
Bagg will also be presenting to the Planning Board on November 25.
Brian Keating, Planning Director, asked about the Devens Project but Bagg was not familiar. Keating would like the presentation done at the Economic Development Committee also.
Linnea Lakin Servey, 1394 Main St, spoke about historical value of the property as the first industrial school for females and also about incorporating community open space.
Linda Duggan-Johnson, 169 Old Common Rd, would like more information presented to the residents before a zoning change is proposed.
Frank Streeter, Trustee, noted there are graves on site.
Updates to SHI Pipeline (in order of number of affordable units)
40R Smart Growth District, approximately 1410 – 1474 Lunenburg Road, Route 70
Chair Petracca gave an update from Bob Dipetri, Capital Group, who said the logjam is breaking up with the litigation.
Neck Farm Estates, 13 Neck Road, Chapter 40B, Comprehensive Permit
Zoning Board of Appeals approved the Permit.
Laurel Hill, Harbor Classic Homes, 2038 Lunenburg Road, Special Permit
See above for the conversation with Atty Campobasso.
Hawthorn Hill, 0 Hilltop Road LLC, Inclusionary Zoning, Local Action Units
Draft communication feedback regarding payment-in-lieu
Trustees have a draft written recommendation to review to send to the Planning Board that the AHT prefers the payment-in-lieu. This draft was approved via vote.
Property rehab, Cleveland Street LLC, 197 South Main Street, Inclusionary Zoning, Local Action Unit
Still waiting the application for a building permit.
Updates to Existing Subsidized Housing Inventory (SHI)
There are no updates.
Housing Production Plan 2024-2029
Voted for adoption by Select Board and Planning Board on November 4, 2024.
To be submitted to MA Executive Office of Housing and Livable Communities for review and approval.
Correspondence
The Blue Heron unit already came off the SHI back in 2016. The town’s SHI current count remains the same. The money that the state gave back in 2016 for this unit being lost went into the general fund and not a specialized affordable housing account.
Conservation Commission 11/12
This meeting had several continuance and the major topic of discussion was the open parcels over which the Commission has jurisdiction.
Public Hearings
Continued Notice of Intent – 0 Heritage Lane
Construction of a driveway crossing and single-family home –
Motion made to continue until January 14 was approved.
Continued Notice of Intent – 10 Fire Road 54
Motion made to continue until December 10, 2024.
Continued Notice of Intent – 121 Fire Road 11
Retaining wall replacement and site improvements
Continued until November 26, 2024.
Continued Request for Determination of Applicability
Removal of dead trees within the Seven Bridge Road right-of-way
Continued until November 26, 2024.
Continued Notice of Intent – 0 Hill Top Road
Construction of roadway and utility infrastructure at 0 Hill Top Road
A motion was made to continue this until the next meeting because the applicant was not available. This was approved.
Discussion
Request for Certificate of Compliance – McGovern Boulevard (193-0574)
Superseded by a more recent one and a motion was made to close this one out and this was approved.
Request for Certificate of Compliance – 65 Fire Road 8 (193-0597)
Brad Stone, Conservation Agent, did a site visit. John Plikfa, McCarty Engineering, explained there are a couple of pine trees that need to come down. He asked if the order of conditions can be revised for this work. The Commission agreed. The CoC was continued by vote until the next meeting.
Enforcement Order – 397 Center Bridge Road
No updates were available.
General discussion regarding updating the Wetlands Protection Bylaw
No action happened in the last two weeks.
General discussion regarding the oversight of open space parcels
Member Carl Fawcett has been looking into this. Tom Christopher, former chair, had sent material and Chair Seidenberg forwarded to Fawcett. Chair Seidenberg asked that all the files be added to the meeting materials. The materials show WPI students did an inventory 15 years ago. The document produced was 72 pages.
Chistopher, via Zoom, reported that
“The Worcester Polytechnical project came about with the help of the Friends of the Nashua River that wanted to open up the Cook Conservation area and David Spanagel was an associate professor at WPI. In our discussions he suggested that it might be possible to use the students plus their instructors to do this project as part of their curriculum in their junior year. So, the first year they went out, and with their engineering instructor, they located all the bounds of the Cook Conservation Area and put them down on paper so that's pretty accurate. The second year what they did was mark all the trails and the distances between the intersection of the various trails there. There's basically just three trails in there, but they do interconnect. Then they drafted the report as part of their qualifying project for their degree. You know they were great to work with; we had a number of meetings over the course of those two years. There’s a lot more documentation than just that report. I have additional pictures a couple of years later I guess it was 2007 it became very apparent that two Bridges needed to be replaced, and the Friends raised enough money and had some volunteers offer construction time and services with equipment and we managed to put in two rather significant bridges that are about 30 feet long and about 5 feet wide. They had to be 5 feet wide in order for the fire department to get in there with their ATVs with a litter from time to time; there had been hikers in there that you know have tripped or fallen or sprained an ankle or something like that and weren't able to walk out so that's basically the long and short story.”
Stone elaborated on the collaborations with students at WPI and that this is a great resource. He is looking forward to working with two groups in the spring on stormwater management.
Minutes to Approve: 10/8/2024
These minutes were approved.
Select Board 11/18
This meeting mainly concerned the FY26 budget.
Meeting Minutes
November 4, 2024
These were approved with the addition of “income and assets” to the senior abatement program discussion. The minutes were approved with the amendment.
Public Comment
Dennis Hubbard, 258 Grant Way asked about the Stow Sand and Gravel. What is the status?
Chair Steve Kerrigan stated that the notices were not published in time. The hearing is now scheduled for December 2.
Roy Rezac, 125 Harvard Rd, requested the senior tax work-off program to $2000. He also stated that budget goals for FY26 should include:
Develop a plan for broadening and diversifying the tax base.
Create a beneficial and tax profitable DCAMM community plan
Establish a financial performance goal to afford to tax increases “so that we don't just stumble into the projected 8 and a 12% increase in taxes business as usual would get us to”
Propose a public forum for taxpayer input on town goals
Administration, Budget and Policy (Votes may be taken) 1.
Health Human Services (HHS) performance metrics & department update
This was tabled as Caitlin Roy, Social Services Director, was not available.
Atlantic Union College (AUC) engagement
Member Jason Allison suggested there be a liaison to AUC and he proposed Member Ralph Gifford. Allison asked can residents use facilities on the campus, in particular, he asked about using the bathroom. There was following discussion about what the term AUC included, college campus, college church, etc.
FY26 Budget Projections & Initial FY25-26 Comparisons
Town Administrator Kate Hodges had 7 slides. The proposed increase is at 6.5% increase. The major increase is retirement risk management at 12% but reductions from salary since the finance analyst was not hired and Kathi Rocco is retiring January 17, 2025, as well as the treasury collector leaving that week. Also, IT services were outsourced so there is no full-time IT position.
Public Safety department accounted for an 8% increase with the addition of a full-time member. The Public Works department had changes in personnel resulting in a 3.5% increase.
The largest increase was the education line due to the high school construction.
Hodges said she thought the increases were minimal if the school debt was subtracted and should be celebrated.
FY26 Library Debt Plan
Vote to accept or deny a warrant article for Town Meeting
The Board approved a plan for a $1M bond for the necessary repairs. These repairs and the bond were discussed at the previous joint board meeting with the Finance Committee. This will have to go to the Annual Town Meeting for town residents’ approval.
Select Board Policies
There was a discussion about what is needed now. Member Gifford said he could approve it if there was an opportunity for amendments. The motion was made to approve the document and approved.
Other department & Town Administrator Updates
Marcia Sands, treasurer and collector is leaving.
There was a motion to increase the allocation for senior abatement to $2000 and approved.
The Board adjourned to discuss the litigation of Christine Monahan and Normando Diaz against the town in executive session.
Planning Board 11/19
This meeting once again had the longest discussions about the 0 Hill Top Rd development. The water resources continue to be in contention.
Meeting Minutes
A draft of the October 28 minutes can be viewed here: https://www.ci.lancaster.ma.us/node/36/minutes.
These were approved.
The November 11th joint meeting with the Select Board minutes were also approved.
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 October 28, 2024. ** Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/0-hill-top. The application of 0 Hill Top Road, LLC., applicant and owner, 98 Adams Street, Leominster, MA, for approval of a Definitive Subdivision Plan, dated June 14, 2024, entitled “Definitive Subdivision Plan Hawthorn Hill”, being located at 0 Hilltop Road in Lancaster, Massachusetts, which land is identified in the Worcester District Registry of Deeds at Book 69945, Page 74, and shown on Lancaster Assessor’s Map 32 as Parcel 1H. The Parcel consists of approximately 130 acres. Eighteen (18) new residential lots are proposed.
The attorney, Thomas Bovenzi, for the applicant, James Whitney, President of Whitney Companies, spoke about the option of getting a water line from Bull Hill Rd. The Public Works department gave some other options at their prior meeting. The attorney said that the Water department is the one responsible for the water connections and so the Planning Board does not have jurisdiction over where the water is coming from as long as the water is sufficient. The Building Inspector is responsible for determining that the water is present for household, etc. The Condition #22 in the Order of Conditions specifically states no lot can be built upon until adequate water service is demonstrated is so this is covered.
The inclusionary zoning bylaw will be followed, again Condition #23 is directly in compliance with the zoning law section 20, so the Board doesn’t need to be concerned with the particulars. He thinks there has been sufficient demonstration of adhering to the conditions.
Atty Bovenzi said the exclusionary language was adopted directly adopted from the town’s bylaw. Discussion followed with Brian Keating, Planning Director, and others about these two points and whether the Board can approve a permit before the other boards have approved their pieces.
Commissioner of Safety, Everett Moody joined the meeting via Zoom and stated that his goal is public safety, the availability of a sufficient supply. He understands there are four different options, to him, using the public water supply is less risky. He is concerned about a private way being used and the town needs access to that private way in an emergency.
Member George Frantz was concerned that there is an option immediately available that gets the Board to a yes vote but the applicant wants an option through the easement on private property of which the Water Department is not in favor. Whitney explained that the George Hill Road connection doesn’t look viable without further investigation.
Member Regina Brown asked whether the Board would put themselves in a loop back without knowing exactly what they are agreeing to since other departments and boards have not finished their work. She asked if the Board was staying in their lane.
Atty Bovenzi has reiterated his points. But the Board members were concerned that the applicant will have to come back before the Board every time something changed. Another discussion followed about the effect on the town, open space and environmental issues when Atty Bovenzi said the development was in the town’s interest.
Kris Mahabir, 679 Hilltop Rd, joined via Zoom, stated his concerns about having the water lines crossing his property through the easements and the pits being dug.
Chair Frank Streeter asked Mahabir to spend some time with Atty Bovenzi and Whitney during the week to make sure all the aspects are understood. Chair Streeter would like to know if the parties will agree about the easement.
Dan Loring, 201 Hilltop Rd, doesn’t have a problem with the development using the easement and thinks the development will enhance the quality of the water coming to his home which is right now rusty.
The discussion moved on to payment of lieu of the two affordable units. Chair Streeter said the Affordable Housing Trust saying would prefer the payment.
Another discussion followed about the jurisdictional direction of the Planning Board for inclusionary zoning. Some further discussion arose about pending fees. Chair Streeter asked Whitney and Keating to take the discussion off line.
Atty Bovenzi asked that the Permit be approved.
The discussion circled back to the water resource discussion. Chair Streeter asked for the chance to continue the hearing and consult with town counsel on all the points brought up during the night. Whitney complained that every meeting was a delay.
Atty Bovenzi then came up to say the water connection to George Hill Rd is acceptable as part of the conditions if it is feasible, but Chair Streeter questioned what the parameters are for saying it is feasible. Whitney said if the water connection on George Hill makes the development economically unfeasible, then the development will not happen. Chair Streeter asked about a conversation with Mahabir and Whitney said he had left messages for him but had not heard back.
Chair Streeter reiterated that if the hearing is continued to Monday and there is a possibility of resolving and getting to a yes vote. More discussion followed.
The hearing was continued until 11/25.
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 The property is located at 842 Sterling Road in the General Industry Zoning District and within the Floodplain Overlay District. The property is identified in the Town of Lancaster’s Assessor’s database as Map 842 Sterling Road, Lancaster, MA is identified on the Assessor’s Map 040, Parcel 0014.
John Farnsworth came forth to report the Department of Environmental Protection (DEP) number had been received. He asked for the permit to be issued. The Board reviewed to modify the permit. The board asked for a contact person for stormwater management. Amendments to impervious pavement and parking spaces were approved. Site visits without notice were discussed.
The Board approved the permit.
584 Fort Pond Road Extension Request
The applicant requested an extension of the special permit because of delays.
A motion was made to extend the permit to October 2026. The Board approved.
DCAMM Property
Chair Streeter advised the Board that the Select Board has asked the Planning Board to advise on the DCAMM site zoning.
Finance Committee 11/20
This was Mike Pultorak’s first meeting.
Discussion of FY26 Operating Budget
The same draft that was discussion at the previous Select Board meeting was presented and discussed.
The budget discussion is set for January 29, 2025.
Town Administrator Kate Hodges presented a spreadsheet.
Basic points:
The overall increase because of the school debt is 65%.
Administration has an increase of 12% because of retiree insurances and other benefits.
Finance Operations has a decrease of 2%.
Public Safety will have an increase of 8%.
Facilities and Public Works has an increase of 3.5%.
The schools have estimated increases of 5% for Nashoba and 2% for Minuteman.
The debt payment for the new high school is 77.8%.
The committee had various questions on the spreadsheet. Some mistakes were corrected during the discussion. The decrease of legal fees from $208K to $150K was cited as a savings because of the Town Administrator’s negotiations with the unions. Chair Dick Trussell pointed out that the budgeted number still represented a $100K increase over the actual two years prior. Chair Trussell said $50K was always budgeted, now it is $150K. Cheryl Gariepy, Finance Director, said the town changed counsel when Hodges joined the administration. Chair Trussell asked if this was the right firm for the town. Hodges said they were wonderful; the Select Board appointed the counsel and FY26 will be the last year of the current contract. Chair Trussell repeated that the increase needs to be looked at, since the $50K used to be more than adequate. Hodges replied, “you know we can’t help that when we tell people no, they sue us.”
Under Free Cash and the Stabilization Fund, Free Cash is currently certified at $2.679M as of July 2023, the expectation for this year is $1.8M. The town expects to use the $1M in the Stabilization Fund for the high school debt in 2026.
A discussion of interest rates followed with an anticipation of higher rates in the future for the next school bond. Member Stan Starr was to have a discussion with the school liaison but had no actual update. Hodges announced that the school is currently needing an additional $80M for the ongoing construction.
Member Roy Rezac asked about the municipal accounts, what was included and what is not. Hodges went through a new spreadsheet for municipal accounting.
Hodges stated that the budget book will be available by mid-December, though there will be no data from the school (Nashoba) until February. A meeting was set up for December 18.
Member Stan Starr noted that while the tax rate was stabilized but the increases in assessments were substantial. Rezac said the staffing outline would be helpful in the budget book, with potential hires, etc. He also stated that getting the debt down by prepaying the school bond would save a lot of money, but Hodges stated this is not allowed. With the $1M going to the school bond, then that leaves $800K in free cash. The state is saying 8-10% instead of 5% is now advisable for free cash for municipalities.
Economic Development Committee 11/20
This meeting had no significant substance.
There was some opening discussion about the Select Board had met with the Atlantic Union College of which Brian Keating, Planning Director, said he was not aware, but he had heard the Administration Building would be listed for sale. It could be senior housing. Chair Jeanne Rich said she had seen on social media that there were rumors of the sale of other buildings. She read off the post she had seen that the core campus may be sold.
A potential joint meeting was proposed with the Planning Board, ZBA, Select Board, and the Affordable Housing Trust.
Speaker: Bob Depietri of Capital Group Properties:
Mr. Depietri will be on hand to provide his insights into regional and local economic trends and markets. Capital Group Properties is currently before the Planning Board for approval of a subdivision on the property on McGovern Blvd. This site was approved by Town Meeting in 2023 as a 40R overlay district. Known as a Smart Growth Overlay District, a state regulated zoning mechanism to create dense patterns of mixed-uses to encourage transit-oriented development.
Mr. Depietri was not present.
Minutes
September 17 minutes were approved.
Board of Health 11/21
This meeting brought forth tobacco violations cited by Joan Hamlett, Tobacco Control Officer and another rental housing citation for significant violations.
Hearings
Cumberland Farms- 460 High Street Ext.
Violation= Failure to comply with requirement of Coupon Redemption (105 CMR 665.025)
Fine—First violation: a fine of One Thousand ($1,000) Dollars
Cumberland Farms representative, David Allen, asked for a continuation because there had not been sufficient notice. The 30 day requirement was waived in order to continue the hearing.
Cumberland Farms- 94 Main Street
Violation= Failure to comply with requirement of Coupon Redemption (105 CMR 665.025)
Fine—First violation: a fine of One Thousand ($1,000) Dollars
The hearing was continued as per the above.
N & K Lancaster LLC/ Racing Mart- 1424 Lunenburg Street
Violation= Selling a tobacco product to a person under the Minimum Legal Sales Age
Fine—Second violation within 36-month period from the first violation: a fine of Two Thousand ($2,000) Dollars and a permit suspension of (7) seven consecutive business days as required by state law or for a longer term as promulgated in a local regulation.
A separate permit suspension order:
Suspension date: Friday, November 15, 2024 - Thursday, November 21, 2024. Sales may resume on Saturday, November 22, 2024. c. 10:30am.
Joan Hamlett, Tobacco Control Officer, recounted the sale to an 18-year-old. This was the second violation. The fine was paid but the company is appealing the suspension.
Representative from N & K Lancaster LLC, Director of Operations, Suneet Sharma,
stated the first violation was not a sale to a minor. It was an exhibit of flavored tobacco. He asked for the suspension be shortened since the first offense was not the sale of tobacco to a minor. Hamlett said the cause of the violation is not of consequence. It is still a tobacco violation. Sharma stated that the employee was at fault and in Connecticut the state fines the employee, so the rules are obeyed. He asked for relief on the length of suspension. Hamlett asked that the suspension be from December 6 to December 12, 2024, since she has staff available to check during that period.
A motion was made for the suspension and approved.
182 Fort Pond Inn Road
Order to Correct issued on 11/1/2024
24- hour violations
Smoke Detectors and Carbon Monoxide Alarms- One smoke detector on the wall, however it did not work when tested. Reported by property owner to be fixed on 11/6/2024.
Bathroom Facilities: Sinks, Toilets, Tubs and Showers—No functioning toilet or bathroom sink in the unit.
Additional violations:
Weathertight Elements
Owners Responsibility to Maintain Building and Structural Elements
Means of Egress
Kitchen Facilities
Site Inspection by Jim Garreffi is being appealed by the owners for the violations. The bathroom was torn apart. Sherry Gould, attorney for the owners, stated the owners have housed the tenant in a hotel immediately after the problems had been discovered. Both the tenant and the owners have terminated the lease and the tenant is/has relocated to another town. The mold problem is severe and cannot be remedied without destruction or gutting of the cottage. The owners had bought the property with the cottage and the cottage had been rented at the time of their purchase. They did not know of the severity of the problem and took action immediately.
Owners will provide the Board a proof of vacancy and the plan of demolition or remediation.
Discussion
132 Kilbourn Road
Administrative search warrant
Garreffi stated he needs to go to the Worcester Court Clerk to get the administrative search warrant. He has been short of time to get that done.
89 Narrow Lane, Unit 1
Work to be completed by 11/27/2024 per special hearing held on 11/6/2024.
Garreffi will set up a site visit.
89 Narrow Lane, Unit 3
Reports of mold and mildew
Garreffi did set up a site visit. Not sure the mold is live or an issue. Other violations cited but the owner is promptly taking care of them. Garreffi will follow up.
70 McGovern Blvd (FC Stars- soccer fields)
Inspections on 11/1 & 11/5- revealing quickly dissipated dust and no residual dust on fencing.
Jim Garreffi, NABH Agent- waiting to hear back from Massachusetts Department of Environmental Protection (DEP) on this topic.
Bill Brookings, Nashoba Board of Health, recounted his site visit. He talked with the owner of the road since the dust arises from the road. This is likely a DEP violation. Jim Garreffi, a Nashoba Board of Health representative shared his site visit information with Brookings. Elias Faraclas said that the soccer practices are still happening. Chair Paster asked Faraclas if a couple of weeks would be acceptable. He also said that the children’s health is being affected. A couple of months have passed. He asked for quick consideration. Brookings stated he had been on medical leave. Garreffi told Brookings it took 5 visits before he observed the dust.
Brookings said he will talk with the road owner on the morrow. He will draft an order if the owner is not willing to move quickly.
194 Grant Way
Site visit update
Brookings will verify that the final pile is gone by a site visit.
0 Hilltop Rd- Subdivision
Nicole Ferguson representing the subdivision attended to see if there were any questions. The plans are available to approve. If it is town water and sewer then the Board of Health does not need to comment. Brian Keating, Planning Director, sent an email to Chair Jeff Paster, which Chair Paster read into the record. It recounted the public discussion that happened within the previous Planning Board meeting about water resources. Ferguson said the Planning Board is stopping them from getting the water solidified. She stated there are three different options. Brookings said that the Board doesn’t have an opinion as of this meeting. He said the reply to Keating needs to say there is no design information right now. Chair Paster asked Brookings to draft a response to Keating to send.
BOH Inventory
Posting updated inventory list (3 locations)
Ordering expired items (D batteries, Ant traps, Emergency cat food)
834/864 Lunenberg Road.
Emergency well permit needed.
Garreffi stated the permit was issued.
Community Preservation Committee 11/21
This meeting entailed a presentation on the Preservation Act and the guidelines for submitting a project to the Committee.
Public Hearing
CPA Presentation
Community Preservation Act Overview
Voted in: 2021 in Lancaster, Massachusetts
Focus Areas are Housing, Conservation, Historic Preservation, and Recreation.
Funding Sources are 1% annual surcharge on property tax with the first $100K exempted and a state funded variable match and interest on unspent funds.
Fund distribution happens through grants or memorandums of understanding and can include matching grants, and permanent deed restrictions on land acquisitions. Funds can be reserved for large projects.
The projects that have been completed are the portico at the First Church, Middle Cemetery, Thayer Library windows and masonry, ball field dugout improvements, town beach gate, and forest legacy land conservation.
The criterion for eligibility is to acquire, create, preserve, support, or rehab town resources.
Suggestions at this meeting included sunshade structures at playgrounds, tennis court resurfacing, and pickleball integration, as well as an ice rink for year round use.
Additional suggestions included trail connectivity and development.
Construction included affordable housing units, including the DCAMM campus, and old town hall renovations.
There is a regularized application process with a manual to assist the applicant(s).
The timeline is November 30 for the initial one-page application and then the Committee makes a decision by February 15 in time to present at the Town Annual Meeting in May.
Planning Board 11/25
This meeting had more long discussions about 2038 Lunenburg Rd and 0 Hilltop Rd.
Approve meeting minutes
Approve minutes of November 19, 2024 - A draft of these minutes can be viewed here: https://www.ci.lancaster.ma.us/node/36/minutes.
Public Hearings
2038 Lunenburg Road: Approved IPOD development.
The developer is submitting drafts of Documents required in the IPOD Special Permit. These include
1. Declaration of HOA Trust
2. Form F Covenant to release lots for sale upon Road Completion
3. Declaration of Easements & Restrictions
4. Conservation Restriction of Open Space Meeting materials can be viewed here: https://www.ci.lancaster.ma.us/planning-board/pages/11- 25-24-meeting-material.
Peter Campobasso, attorney for the applicant, said the roadway with the stormwater management is completed except for the fire cistern, the sidewalks and some other listed items. He is now requesting 10 lots to be released from the covenant and keep the remaining lots as collateral for roadway items left to be completed. Brian Keating, Planning Director, recounted how the town treasurer had resigned, and he is unsure how the bond would be managed. Discussion followed about the finances and security of a cash bond. Atty Campobasso said the applicant is anxious to get the building started. Chair Frank Streeter stated the town would like a cash bond as opposed to land. Also, the Homeowners Association (HOA) should be created and a Master Deed. Keating also recounted Town Counsel’s requirements. Atty Campobasso said it would be easier to directly communicate with Town Counsel to understand what they need exactly. Keating agreed that he would work on getting this done. Atty Campobasso said that instead of a Master Deed, which is for a condominium complex, he had created a Declaration of Trust for the HOA.
Town Counsel will be present at the December 9 meeting.
Chair Streeter asked if the Conservation Commission has approved the open space. Atty Campobasso promised to touch base with them.
Discussion then followed about the incorrect side lot dimensions and that initially the roadway and utilities was to be retained by the HOA but now are intended to be turned over to the town. Atty Campobasso explained there had been a change of engineering firms and newly revised plans are not available. Chair Streeter said the plans will have to be available because eventually the development needs to come back with as-built plans.
Chair Streeter said the plans right now are not close to what is intended to be built. Member Regina Brown asked about taking over the private road, as that was not the original concept. Atty Campobasso agreed with Chair Streeter that the 30’ side lots is a scrivener’s error.
Town Counsel advised the Board that there is no problem with conveying the lots to Habitat for Humanity, but the question is how they can be identical to the others in the developments. Keating said the plans for the developer units will be given to Habitat for Humanity.
Victoria Petracca, Chair of the Affordable Housing Trust, said she thought the town would have a chance to review the plans for both and so ascertain they were undistinguishable.
Atty Campobasso said they were working on getting the plans together to show the exteriors would be indistinguishable. Petracca said the state will need to give their approval also to get the credits for the affordable units. She reiterated the drawings are necessary and that the Planning Board should not approve the building permits until this happens. Atty Campobasso assured that the units will need to be approved before the building proceeds. The approval from state must come first before the lots are transferred.
This will continue December 9.
McGovern Blvd Extension
The Planning Board, having closed this Public Hearing for a Proposed Subdivision, will deliberate whether to approve, approve with conditions, or not approve the Subdivision. The Draft decision can be viewed here: https://www.ci.lancaster.ma.us/sites/g/files/vyhlif16016/f/pages/mcgovern_blvd_draft_conditions.pdf. Other Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/mcgovern-blvd-ext-definitive-subdivision-0.
The Board reviewed the draft decision. Shannon Boyce, the permitting manager at Capital Group, was available via Zoom as well as Bob Depietri. Some changes were made for clarification and correction.
Waivers were approved by vote. The decision was approved by all.
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 November 19, 2024.
Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/0-hill-top. In accordance with the provisions of M.G.L. Chapter 41, Sections 81T and 81U, the Lancaster Planning Board will hold a public hearing on Monday, August 12, 2024 at 7:00 PM at the Nashaway Meeting Room in the Lancaster Town Hall at 701 Main Street) to act upon the following matter: The application of 0 Hill Top Road, LLC., applicant and owner, 98 Adams Street, Leominster, MA, for approval of a Definitive Subdivision Plan, dated June 14, 2024, entitled “Definitive Subdivision Plan Hawthorn Hill”, being located at 0 Hilltop Road in Lancaster, Massachusetts, which land is identified in the Worcester District Registry of Deeds at Book 69945, Page 74, and shown on Lancaster Assessor’s Map 32 as Parcel 1H. The Parcel consists of approximately 130 acres. Eighteen (18) new residential lots are proposed.
Atty Bovenzi, for the applicant, also requested to communicate with the town counsel. Chair Streeter said all correspondence must go through Keating. Atty Bovenzi said they would like to go through Keating to town counsel and would pay for the time. Chair Streeter said the Board could not give permission; only the Town Administration can give permission. Atty Bovenzi would like to go through Keating to town Counsel. Chair Streeter said Keating would be corporative with requests, but the Board could not authorize direct communication.
Atty Bovenzi asked to be included in communication with town counsel. More discussion followed, including the source for the water and affordable housing. The Board discussed information overload and all the communications from town counsel.
Bethany Ordung, engineer for the town from Haley Ward, LLC, discussed her current letter. The drain profiles need to be updated in the profile document. The water design needs to be vetted with flow testing to see if a booster station needs to be built. The final plan will have to go through DEP. She is unsure about the water main crossing the culvert crossing, because the culvert is in poor condition. She thought maybe the Conservation Commission would need to review this.
Keating said he would recommend the plans were updated more thoroughly. The 135 days review period runs out on December 25. So, December 9 will be the meeting to vote on approval. Chair Streeter asked if the Order of Conditions could be later than Christmas Day. The applicant James Whitney complained about getting the town counsel to a meeting to expedite this process. Discussion followed. Whitney stated that everywhere else in the commonwealth the attorneys talk to each other.
A motion was made to continue the hearing until December 9 and approved.
New Business
Application for ground mount solar
Public notice is required. Seven-day notice has been done.
The applicant, Mike Favreau, member of the Planning Board, recounted his timeline, which is short. The setback of 200 feet will not be respected. The setback will be 150 feet from his dwelling. He owns 15 acres so there is plenty of space from all neighbors. He decided to pursue solar in October. The solar company will be ready to install the third week in December. Since only two of the three notice steps are being shorted, Chair Streeter advised to have letters from the abutters, a letter from town counsel, and the plans available for December 9 to make sure the process is smooth.
Atlantic Union College (AUC)
Discussion followed about AUC is in the process of either selling or developing buildings. Chair Streeter said they are now paying taxes on the vacant buildings and so that is prompting them to do something. Member Regina Brown went through the vagaries of the history of the campus buildings. Discussion followed about what machinations are happening now. Chair Streeter said what happens with DCAMM rezoning will be a model for AUC and that AUC is zoned for multifamily. More history of the AUC buildings followed.
Conservation Commission 11/26
This meeting had many continuances.
Public Hearings
Continued Notice of Intent – 0 Heritage Lane
Construction of a driveway crossing and single-family home – Continued until January 14th, 2025.
Continued Notice of Intent – 10 Fire Road 54 –
Continued until December 10.
Continued Notice of Intent – 121 Fire Road 11
Retaining wall replacement and site improvements
Motion to continue to January 14 was approved.
Continued Request for Determination of Applicability
Removal of dead trees within the Seven Bridge Road right-of-way
Motion to continue to January 14, and approved.
Continued Notice of Intent – 0 Hill Top Road
Construction of roadway and utility infrastructure at 0 Hill Top Road
Motion to continue to December 10 and approved.
Request for Determination of Applicability –
Repair of a detention pond at Yellow Birch Lane
Leonard Vilandry, the applicant, recounted how the retention pond has been deteriorating. He has asked Brad Stone Conservation Agent for support. The bank is eroding. Ike Kilbourn has given a quote for removal of the stones and put in erosion fabric. Kilbourn said he will reshape the bank and stabilize the bank with erosion fabric and then put in rip rap to preserve the bank. The same process had been done on the other side and has survived well. Stone asked about the erosion fabric construction. Stone has done a site visit.
The hearing was closed.
A motion for a negative determination was made and approved.
Discussion
Request for Certificate of Compliance – 65 Fire Road 8 (193-0597)
John Plikfa, McCarty Engineering, for applicant, stated the work has been completed and request a certification of compliance. Motion was made and approved.
Enforcement Order – 397 Center Bridge Road
Stone talked with the property owner in his office on the previous day. He asked for the owner to talk with the consultant on the case.
General discussion regarding updating the Wetlands Protection Bylaw
No updates.
General discussion regarding the oversight of open space parcels
Chair Tom Seidenberg cannot participate in the open parcels since he is an abutter. Stone had some reading resources for open space parcels which he sent through email.
Minutes
The minutes of 11/22 are not available to approve.
Select Board 12/2
This meeting included no public comments, though many residents commented during the public hearings on the two earth removal permits.
Minutes
Minutes of the November 18 were approved.
Scheduled Appearances and Public Hearings
Public Hearing Renewal of Special Permit to Remove Earth Products (Sand and Gravel)
Notice is hereby given https://us02web.zoom.us/j/82617538004?pwd=4TbTbQwPjh5diKfLPP8a9kWvETS221.1
on the Hearing to consider the application of P. J. Keating Company, 998 Reservoir Road, Lunenburg, MA, for renewal of a Special Permit To Remove Earth Products (overburden, rock, gravel, loam) from a parcel of land located south of the Lunenburg town line, west of Lunenburg Road, north of a N. E. Power Co. right-of-way and east of the Leominster city line, containing by survey 73.3 acres in Lancaster, further identified on the Lancaster Assessors’ Maps as Map 1, Parcels 1 through 4 and Map 4, Parcels 1 through 6, and further delineated on Plan No. 18-D-3, sheets 1 to 4, dated January 19, 2005 and Plan No. 18-D-4, sheets 1 to 3, revised September 19, 2005, by S. J. Mullaney Engineering, Inc., 305 Whitney Street, Leominster, MA.
Ken Dow, Environmental Compliance Officer, from P.J. Keating, spoke about the application to renew the permit for a two-year period. A plan has been provided for the next two years. Long term plan is to operate until 2060 if the material is available. Closure has been provided on the plan, to turn the area into a pond. Member Ralph Gifford asked what the value of the pond would be. Dow said it may be a recreation feature. Gifford stated other towns have had issues with this type of feature/closure. Lancaster’s current bylaw says the area is to be graded and loamed at closure. He said the quarries according to current regulations cannot go below ground water. Dow said Keating would be willing to sit down with the board and answer questions. Gifford would like to know about the iron and manganese. Michael Wright, the firm’s geologist, said these were natural byproducts and not a from the mining. Gifford said this was too high for drinking water. Wright said the well report will be coming. Previous years these reports were due in January. They are working on getting the report ready by December 20. Wright reiterated that the mining was not contributing more of these minerals to the water. Gifford asked about the mining going deeper and wanted to know about the effects on abutters’ wells. Wright said they were working on the report and could say more in a week. Gifford asked about the position and conditions of the wells and Wright replied they were last reviewed in 2015/2016. Currently all four go below the depth proposed as the final depth of the quarry. Chair Steve Kerrigan said that there seemed to be missing information, and the Board should ask for a continuance for more info to be available.
Dennis Hubbard, 258 Grant Way, came to the podium to “arm the Board” with some necessary information. He requested the Board to ascertain that there is no deterioration in the between the regular reports in the water quality. He stated that the iron levels in one well were 40 times the level allowed in drinking water. Phosphate and nitrate were both detected in the wells and the expert opinion was that the mining equipment is having an effect on the ground water. He said Keating is supposed to be monitoring the water monthly and he would like to know if these substances going up or are they going down, or are they stable? Hubbard stated the dates of the reports from last year and asked whether the monthly monitoring would be resumed and the reason for no reports this year. He requested a point person from the Board to ensure the conditions of the permits are followed.
Dow stated some results from the current reports and Wright corrected some terms.
Martha Moore, 131 Center Bridge Road, came forward to agree with Hubbard to have a point person for monitoring. She said a lot of people worked on what was to be monitored. She wanted to know if they were below the aquifer. Wright said there is water coming out of the quarry and being pumped across the street. She cited her family history with the quarry, that her family owned the quarry before Keating. She said her aunt was the original owner, and her aunt made sure that they did not mine below the aquifer. Wright talked about rainwater and groundwater. Moore said her aunt had advocated that the leftover material be moved back into the hole at closure.
Cara Sanford, 350 Bull Run Rd commented via Zoom, she reiterated that regular monitoring in order to understand what is going on with the groundwater.
Dow asked if there is a list of what is necessary for the next hearing.
Justin Smith, 4 Turner Lane, cited an email sent by Anne Ogilvie, his wife, about the enforcing the conditions of the special permits and the concerns about the effects on groundwater and the heavy metals residue from the explosives used in the mining. He asked for town expertise to understand these issues. Chair Kerrigan interrupted him several times about closing out his comments and discussion followed for about 5 more minutes about the need for him to close out his comments.
A motion was made to continue the hearing on January 6, 2025, and approved.
Continuance of Public Hearing Renewal of Special Permit to Remove Earth Products (Sand and Gravel) https://us02web.zoom.us/j/82617538004?pwd=4TbTbQwPjh5diKfLPP8a9kWvETS221.1
Hearing to consider the application of William Daniel Chisholm, Trustee, Mountain Laurel Realty Company d/b/a Stow Sand & Gravel Company, 388 Goodrich Street, Lunenburg, Ma 01462 for renewal of a Special Permit To Remove Earth Products (Sand and Gravel) from a parcel of land located - Assessors Map 5/Parcels 27 (0 Shirley Road) and 32A (0 Chisholm Trail) with access over Map 5/Parcels 30 (1922 Shirley Road) , 31 (49 Chisholm Trail) and 32 (696 Fort Pond Road).
Mikael Lassila spoke for the applicant. He stated the Board said they were deciding on conditions for the permit. He was expecting something on November 18, but nothing has been given to him. Some discussion about what was discussed previously. Lassila said plans had not changed from the applicant’s side. Gifford said this renewal is not about earth removal since those actions would have been completed by end of this year. Gifford repeated his request for a site visit and Member Jason Allison still wanted air quality test. Chair Kerrigan asked Gifford and Allison to get the requests to the Town Administrator’s Office.
The hearing was continued to January 6, 2025.
Notice of Public Hearing – Tax Classification for Fiscal Year 2025 In accordance with G.L. c.40, §56.
The Select Board will conduct a Public Hearing on the question of adoption of percentages of the total tax levy to be borne by each class of real property (residential, commercial, industrial, open space) and personal property for Fiscal Year 2025. The Hearing will be held as a hybrid meeting and by Zoom https://us02web.zoom.us/j/82617538004?pwd=4TbTbQwPjh5diKfLPP8a9kWvETS221.1
Town Assessor David Manzello presented the tax rate options.
The levy decreased 0.78% to $23,867,065 due to “prudent” fiscal decisions.
Property values increased 5.22% on average.
Commercial/Industrial/Personal property valuation decreased relative to residential over past 5 years.
Manzello said the right to farm properties would be affected by splitting the tax rates between commercial and residential. The tax rate would only be minorly reduced on residential if splitting the rate.
If the Board agrees to a single rate the tax rate will be reduced from $16.40 to $16.15.
Chair Kerrigan read a congratulatory letter from Kate Hodges, Town Administrator, who was absent.
Gifford asks if the commercial properties’ taxes have been rising as fast as the residential. The answer was no.
Allison expressed frustration about losing staff.
Dale Nadeau, 400 Yellow Birch Lane, came to the podium to explain about the one water meter and so the water bill is at the highest tier and so with 58 residents, they should be at the lowest tier. He would appreciate single water meters for each residence. He said the residences in the development have higher insurance bills because of the larger assessments. He also said because the water department needs to upgrade the water mains, the water bills will be higher also.
Roy Rezac, 125 Harvard Rd, commented that the residential taxes were 7.6% of income. Most of all other neighboring towns are below that. He asked the tax rates be balanced between the commercial and residential.
Gifford would like the tax rate to be split between residential and commercial. Chair Kerrigan argued with him about the optics of bringing this up during the Board’s discussion about the tax rate. Gifford could not give the numbers to satisfy Chair Kerrigan’s interrogation because he did not receive the package supposedly sent prior to the meeting.
Board voted 2-1 to maintain single tax rate of $16.15, rejecting a split rate for commercial vs. residential.
A Lancaster Lede staffer did this analysis about the effects of the property tax rates on residential versus commercial property:
As residential values have accelerated pretty quickly over the past five years, and commercial/industrial values have been flat or negative, the effect has been pretty extreme. Commercial/Industrial properties are largely paying less than they did in FY2021. Residential properties are paying more: we're (residents) subsidizing lower taxes for commercial/industrial properties.
By way of example, here is the change in tax from FY21-FY25 on Mary Catherine Drive. That's a street in Eagle Ridge, a 55+ Development. The change for the current year is at the right.
Eagle Ridge
Here is the change in real estate tax from FY2021-FY2025 for commercial/industrial properties around town:
Worker's Credit Union: -28% from FY21 to FY25 -- they'll drop 24% this year over last year.
The lumber yard on Sterling Road: -18% FY21 to FY25 -- 6% drop this year over last.
The Toyota dealership: -17% FY21 to FY25 -- 9% drop this year over last.
MYSA soccer complex: -17% FY21 to FY25 -- 8% drop this year over last
Dunkins: -8% FY21 to FY25 -- 4% drop this year over last.
Kimballs: -14% FY21 to FY25, 6% drop this year over last.
Chisholm Sand and Gravel: -19% FY21 to FY25, 8% drop this year over last.
Keating Hearing revisited
An out of order suggestion by Allison about the Keating hearing. He asked for Dennis Hubbard to be the liaison to Keating. Hubbard declined. Chair Kerrigan appointed Allison as liaison.
Other Business & Communications
Town Administrator Search
Town Administrator Kate Administrator is leaving in January. Discussion followed about hiring a search firm and an interim. A job description is being written by Hodges.
Allison wanted himself to be appointed as a staff liaison. Chair Kerrigan disallowed until December 16 meeting. Chair Kerrigan and Allison had a contentious discussion.
Executive Session
The Board went into Executive Session to discuss the litigation between the town and the Historical Society.