Issue 12 December-January 2025
Affordable Housing Trust 12/05
This meeting recounted that there is an appeal against the Neck Rd development.
Meeting Minutes
Review & take action on Meeting Minutes of November 7.
These minutes were approved.
Updates to SHI Pipeline (in order of number of affordable units)
40R Smart Growth District, approximately 1410 – 1474 Lunenburg Road, Route 70
A definitive subdivision came before the Planning Board, but everything is being held up.
Neck Farm Estates, 13 Neck Road, Chapter 40B
Comprehensive Permit
Appeal filed in court.
No grounds for the appeal is known. The appeal was filed on November 14 by neighbors. Frank Streeter, member and Chair of the Planning Board, said in his experience the appeal for any 40B would go to the state liaison first and then to the court. Chair Victoria Petracca said what is actually being appealed is the town’s comprehensive permit in Worcester Superior Court.
Harbor Classic Homes, 2038 Lunenburg Road
IPOD Special Permit, Local Action Units
Conversation with Planning Director Brian Keating re: next steps
Elevations for market rate units were available, and Trust is waiting on the elevations from Habitat for Humanity. Keating said the units look like $700K+ and he is not sure how to find two families that can each qualify for the deed restricted units. Since the units must be indistinguishable and the units must be available at 80% of area median income. Chair Petracca said Habitat for Humanity sets their percentage much lower. Streeter said Habitat for Humanity holds the mortgages, so it does give them flexibility on financing. Chair Petracca has asked the state for their opinion on this. She said they reminded her the action has to be signed by town administrator and the Trust.
Hawthorn Hill, 0 Hilltop Road LLC
Inclusionary Zoning, Local Action Units
No new update.
Property rehab, Cleveland Street LLC, 197 South Main Street
Inclusionary Zoning, Local Action Unit
No update.
Comment on Atlantic Union College inquiry (currently “inactive pipeline” status)
Marco Hagen, designer, is reviewing his previous concepts for possible re-introduction. Keating reported there had been visits from two different people who inquired about zoning regulations, especially concerning senior housing. Streeter reported there is a plan which denotes an area from Flag St to Main Street, bounded by George Hill Rd, excepting the South Lancaster Academy, which includes four buildings for review by the Planning Board. The Power Plant and the other facilities are not included, probably because of hazardous material regulations.
Updates to Existing Subsidized Housing Inventory (SHI)
No updates.
Update on Housing Production Plan 2024-2029 Approval
Currently under review by MA Executive Office of Housing and Livable Communities (EOHLC)
Feedback expected by the end of the week of December 13.
Planning Board 12/09
A very long meeting with courses set on both the 2038 Lunenburg development (north of Rt 2 on Rt 70) and the development at 0 Hilltop being set. The development at 0 Hilltop remains contentious with the applicant complaining of undue delays.
Meeting Minutes
The minutes of November 19 and November 25.
A draft of these minutes can be viewed here: https://www.ci.lancaster.ma.us/node/36/minutes.
The minutes of November 19 and November 25 were approved.
Public Meeting
0 George Hill Road (Atlantic Union College)
Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/atlantic-union-college-anr-request.
The College is requesting a division of land not requiring Planning Board approval for a lot shown on the Lancaster’s Town Assessor’s Map 37 Parcel 160 and known as 0 George Hill Road. The ANR Plan shows the above referenced lot to be divided to create 2 lots, with a new Lot A which will contain 225’ of frontage on Orchard Street.
Mike Marino from CABCO consultants represented the AUC. Chair Streeter explained that both the lots are conforming as far as frontage. Marino explained the subdivision which would separate the utility buildings from the campus. The buildings would be used for clothing donations and other church purposes like storage. A section of one building will be torn down to create an open section. The buildings will be renovated to resolve any safety concerns for hazardous materials such as diesel and asbestos.
Jeff Linthwaite, Southern Conference (AUC) Representative, also came to the podium to explain more thoroughly all renovations.
A motion was made to approve the ANR (Approval Not Required), and this was approved.
2038 Lunenburg Road Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/11-25-24-meeting-material. The developer is submitting for the Board’s review proposed architectural elevations different from the ones approved in the IPOD Special permit of August 3, 2020.
Attorney Peter Campobasso represented the project. New elevations of the development have been provided and will be built by Carlson and the affordable units by Habitat for Humanity. He presented a bond of $247K to be approved for the remaining roadway work to release the covenant so the work and selling of the lots can proceed.
Discussion followed about the inspection for the cistern that has been put in.
Brad Stone, Conservation Agent, commented via Zoom that the approval of the cistern would be a multi-department approval with public works, fire department, and building inspector. CEI (Consulting Engineering, Inc.) would be a consultant that could help.
A motion was made to accept the bond, and this was approved.
Discussion then followed about the open space, with Campobasso saying the open space will remain private via the trust deed for the Home Owners Association and the Board needs to approve this arrangement. The document is under review by Town Counsel.
The side yard dimensions were discussed, with Campobasso saying he may not be able to get an affidavit from the original surveyor and he wants a Board approval acknowledging the scrivener’s error. This was previously discussed.
A motion was made and approved.
Campobasso asked the Board to acknowledge that site plan approval is not required. The building department will be signing off on the site plan since they are residential homes. This was agreed.
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 November 25, 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.
Town Counsel, Anthony Riley from Harrington Heep, LLC, was present as requested by the applicant at the previous meetings. He commented on the water resources. Riley said there doesn’t appear to be any water supply on site, so the Planning Board does not have to approve the project without approvals from the other town boards and departments involved.
James Whitney, the applicant, came to the podium to complain about the shooting down of every effort. Attorney Tom Bovenzi, representing the applicant, came to the podium to clarify the discussion and say the Planning Board doesn’t have power over the other departments or boards. He suggested the order of conditions state that all other permits or approvals must be gotten before building permits can be issued.
Atty Riley stated the Board can approve this permit with conditions or they can wait until there is a water resource for the project. Member Michael Favreau said with Planning approval they cannot move forward with building so, no liability for the town, but they can get the sewer permits, and work on the water, etc. More discussion followed about approving the project with a condition of finding a water resource.
Stone commented that one plan should be seen as viable before the project is approved. There was a discussion about responsibility for the maintenance and troubleshooting of water equipment.
A discussion then followed about the timeline for approval and order of conditions. The applicant is willing to extend the deadline for the order of conditions until the January meeting.
Don Smith joined via Zoom to talk about the flow test for Hawthorn Lane, George Hill, and Hill Top. Hawthorne Lane came in the lowest, in addition, the town doesn’t yet have ownership of Hawthorne Lane. The best numbers are for George Hill and Hill Top, but both will need booster stations and need upgrades.
There was a motion to close the public hearing and was approved.
There was a motion to approve the development with the order of conditions to be due January 13, 2025, the next meeting. This motion was approved.
New Business
Applications or other correspondence received after the agenda deadline.
Member Regina Brown would like to address the debris and furniture dumped on public roads with a potential amendment to the Scenic Road Bylaw. The Board discussed the necessary coordination with the DPW and Board of Health. Chair Streeter doesn’t think it is the Planning Board jurisdiction.
Chair Streeter also brought up other new business to be discussed in January; the zoning changes concerning AUC property and the South Lancaster business District for possible IPOD or 40B overlays.
Conservation Commission 12/10
This short meeting consisted mostly of continuances and a more detailed description of the violations of the Wetlands Protection Act at 397 Center Bridge Rd.
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
A motion is made to continue to January 28 was made and approved.
Continued Notice of Intent – 121 Fire Road 11
Retaining wall replacement and site improvements.
Continued until January 14th, 2025.
Continued Request for Determination of Applicability
Removal of dead trees within the Seven Bridge Road right-of-way.
Continued until January 14th, 2025.
Continued Notice of Intent – 0 Hill Top Road
Construction of roadway and utility infrastructure at 0 Hill Top Road.
A request was made by the applicant and so a motion was made to continue until January 14th and this was approved.
Request for Determination of Applicability – Removal of trees at 357 Nicholas Drive
Frederick Colson, 357 Nicholas Drive, applicant, would like to take 4 trees down that are imperiling the fence and house. Brad Stone, the Conservation Agent, did a site visit and provided photos of the area which were shared online. Stone estimated the trees are 65 feet from the wetlands.
The Commission closed the hearing on and approved a negative determination so the homeowner can take down the trees.
Notice of Intent – Lot 3 Neck Road (a portion of Assessor’s Map 30, Parcel 128)
Construction of single-family home.
The hearing was opened and because the Notice of Intent was incomplete in regards the percentage of wetlands on the property, and what is presented is probably not buildable, a motion was made to continue until January 14 and approved.
Discussion
Enforcement Order – 397 Center Bridge Road
Stone reported the violator is dragging their heels and suggested the Commission go to Town Counsel. The representative in talking with Stone after his contact, agreed that what they did was in violation but there is no compensation available to be in compliance with Wetlands Protection Act. The violator filled in wetlands in 100’ by 30’ for materials storage, 2 to 3 feet deep. What they need is a restoration plan and Stone said the Commission needs to get legal assistance for this.
A motion was made to engage with Town Counsel and was approved.
General discussion regarding updating the Wetlands Protection Bylaw
No progress has been made. Stone is looking at other communities and researching ways to get clarity in the bylaw. Commissioner Dennis Hubbard made some suggestions about getting rid of the grandfather clause and other mitigating exclusions. Chari Seidenberg agreed these are things to look at.
General discussion regarding the oversight of open space parcels
Stone is busy and so there is a need for definitive tasks and goals.
Chair Seidenberg needed to recuse himself from these discussions, so Commissioner Jim Lavallee took over chairing the discussion. He said that getting a complete inventory is a priority. There is the possibility of using GIS mapping and website updates. The inventory needs to be monitored. Commissioner Lavallee would like the Commission to be aware in advance of any parcel that may be of interest. He also suggested visits to any of the open parcels be recorded and Commissioner Hubbard suggested a form to be available to fill out for a quick status of the parcel. Stone said there are forest legacy forms, and these can be used as well as modified for other types of parcels.
Minutes to Approve
Chair Seidenberg would like more detail in the minutes on discussions and that the minutes state the attendees are remote. A discussion followed about the Zoom videos of the meetings. Stone reported he does store the videos on the town server.
Commissioner Lavallee said that AI is a good source for translation of the videos. Chair Seidenberg is skeptical of that approach.
The minutes of 10/22/2024 were approved.
The minutes of 11/12/2024 and 11/26/2024 were approved with amendments.
Planning Board 12/16
This meeting was very short, under 4 minutes, to approve the ANR at 765 Brockelman Rd.
Public Meeting
765 Brockelman Rd.
ANR Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/765-brockelman-anr.
The Applicant is requesting a division of land for which Planning Board approval is not required to divide a 12.92 ac. lot into three new lots.
The vote was taken immediately, as there were no questions or comments, and approved.
Select Board 12/16
This meeting included approving Victualler licenses, Michael’s Diner receiving a liquor license, and the review of the Town Administrator’s position with Jeff Nutting being proposed as an interim TA, and most importantly a review of the budget for FY26.
Minutes
Review and take action on the following Select Board’s Regular Meeting Minutes of December 2.
The minutes of December 2 were approved.
Resignations
Board of Health
Melinda Apgar effective immediately
Community Preservation Act Committee
Mark Renczkowski (Recreation Representative)
Appointments
Community Preservation Act Committee
Tom Wood (Recreation Representative)
This appointment was ratified.
Licenses and Permits
Review and take action on the following ABCC licenses for 2025
Michael’s Bridge Diner – Retail License to Sell Wine & Malt and Common Victualler License II.
This was approved.
Review and take action on the following 2025 Renewal License Applications
Cumberland Farms – Common Victualler
Dunkin Donuts – Common Victualler
Kimball Farms – Common Victualler
Trolley Stop – Common Victualler
Sandee’s Restaurant – Common Victualler
Murphy’s Hot Dog Truck – Lunch Cart License
Sterling National Country Club – Dispensing Food or Beverages to Members & Guest of Clubs
Crawford Truck Sales, Inc. – Class II
F.J.S. Auto, Inc. – Class II
Nationwide Auto Recycling, Inc. – Class III and Collector & Dealer of Junk
JC Madigan – Class I
RBI Motors – Class II
Ron Bouchard Auto Sales, Inc. - Honda – Class I and Class II
Ron Bouchard Dodge, LLC – KIA – Class I and Class II
Ron Bouchard Auto Sales, Inc. - Nissan – Class I and Class II
Route 117 Used Auto Parts, Inc. – Class II, Class III, and Collector & Dealer of Junk
Koch Route 2 Toyota – Class I and Common Victualler
These were all approved in one block.
New Business
Ratification for continued employment Steven A. Hilliger for Lancaster Fire Department.
The ratification was approved by the Board so that Hilliger may work until the age of 70.
Scheduled Appearances and Public Hearings
Public Hearing
Petition for Joint or Identical Pole Locations
Under the provisions of Chapter 166, Section 22 of the General Laws, and any additions thereto or amendments thereof, a Public Hearing is scheduled for Monday, 6:10 pm on December 16. https://us02web.zoom.us/j/81213067480?pwd=quA3e3nfkCdYlgXjzczNxwMJ9VB2EK.
To consider a petition submitted by Massachusetts Electric Company d/b/a NATIONAL GRID requests permission to locate poles, wires, and fixtures, including the necessary sustaining and protecting fixtures, along and across the following public way: Neck Road. – National Grid to relocate 1 SO Pole on Neck Road beginning at a point approximately 560 feet Southeast of the centerline of the intersection of Harvard Road and Neck Road. National Grid will relocate pole 51 40′ Northwest of existing pole 51. Lancaster, MA.
The hearing was opened. Evan Loosigian from National Grid presented the plan to replace the pole to allow more vertical clearance for the trains.
Tervo Reino, 265 Harvard Rd, came to the podium to request that the work not block the access to his property, a field with 58 feet of frontage. A map was pulled up on the display to see where the work was to occur and more discussion occurred about whether Reino’s frontage would be affected.
The hearing was continued until a map could be provided to make sure Reino’s concerns are addressed.
Public Comment
Frank Streeter, 135 Bull Run Rd, advised there were people in the waiting room.
Administration, Budget and Policy
Strategize Replacement of Staff Departures (Allison)
Member Jason Allison 12 roles or capabilities that need to be replaced. The Board generally agreed that the Town Administrator should be filled first. There was a discussion about purchasing responsibility, which requires certification that involves three eight-week courses. The Town Administrator, Kate Hodges, said it would take about a year to get the full certification.
There was another discussion about the Human Resources Director, which had been combined with the Town Administrator role, and Hodges said it is problematic for employees to have these roles combined. She reported that this role recently was becoming too big for her to sustain.
Member Allison asked if there were existing employees that could cover some of these roles.
More discussion followed about what will be missing.
Appointment of Interim Town Administrator
Jeff Nutting, prior interim Town Administrator, is willing to come back as the new interim. Chair Steve Kerrigan suggested that he would be good fit, and there is a prior contract to negotiate from. Member Allison was in favor. Member Ralph Gifford would like to meet with Jeff Nutting. Member Allison and Chair Kerrigan want to negotiate with Nutting. This was approved and the meeting would take place on Zoom. An 8 AM meeting for the next Thursday was planned.
Town Administrator Search Process & Lead
Member Allison was appointed to the lead on the search for the Town Administrator and is authorized to obtain proposals from search agencies.
Select Board Liaison for Social Services Director (Allison)
Chair Kerrigan suggested Member Allison be the liaison to the Health and Human Resources Department, not to a particular employee. Member Ralph Gifford was not in favor since Member Allison has a big job with the search committee, and since the Board is not supposed to be involved with the daily activities of the town departments. Member Allison protested he is well able to do this. The motion was made by Chair Kerrigan to appoint Member Allison to be a liaison to the Health and Human Resources Department. This was approved with two votes: Member Gifford voted no.
Select Board Liaison for PJ Keating (Allison)
Member Allison expressed renewed interest in having Dennis Hubbard as liaison to P. J. Keating. Hubbard had refused this position in the previous meeting. This was tabled.
FY26 General Fund Budget Draft Review & Initial Projections
A 23-page report was presented by Hodges:
Municipal Department budget was increased by $77,500.
Total Budget Appropriation is $30,681,950.
The increase from the schools is projected to be 5.52%. The actual amount will not be known until February.
The Capital Plan includes the estimated library bond amount.
Hodges also reported that the Nashoba Board of Health is going to raise their fees significantly. The Lancaster Board of Health is dealing with a lot of issues recently. She suggested a full-time town position may be necessary.
The Board went into executive session to discuss the litigation with the Lancaster Historical Society.
Finance Committee 12/18
This meeting went through the FY26 budget, exploring all the changes. January 29 is the date for the budget meeting with the Select Board.
FY26 Operating Budget
Kate Hodges, current Town Administrator, went over the FY26 budget, specifically page 45.
Budget Overview Keynotes include:
Finance Department Changes
Reduction of one Full-time Equivalent/Employee (FTE) due to software implementation.
Public Safety
Addition of a full-time firefighter.
Health and Human Services
Consolidation of positions resulting in a reduction of more than 0.5 FTE.
Information Technology
Transition to an IT management contract.
This is a contract at $50K per annum.
Financial Reserve
Increase in Financial Reserve of 26%:
To accommodate potential salary adjustments for new hires in senior management positions.
Departmental Budget Changes
Town Clerk:
Significant salary adjustment for underpaid position.
Treasurer Collector:
Increase due to educational expenses for certification.
Fire/EMS:
Increase of 11% in personnel costs due to contractual obligations and overtime.
Schools and Debt
School Budget:
Placeholder for school debt based on previous estimates.
Debt Schedule:
Discussion on the accuracy of debt figures and upcoming bond issues.
Capital and Enterprise Funds
Water Enterprise Fund:
Need for DPW to provide a fee schedule and financial plan.
Capital Projects:
Placeholder amounts for school capital needs.
There was discussion from Members Stan Starr and Roy Rezac around all the differences from what the Committee received in preparation for the meeting and the spreadsheet presented on Zoom. The differences were corrections to errors. There was some confusion that needed a new spreadsheet brought up. There needs to be a new revision of the spreadsheet.
Chair Dick Trussell went through various school debt figures. More discrepancies came up during this discussion. The old debt for the past school renovations will be retired this year.
The town does not have the actual debt figure for the new high school. The actual numbers are expected in February.
A discussion followed about using the stabilization fund for the school debt. Chair Trussell asked about the logistics of this.
The following actions came up during the discussions:
Verify and correct discrepancies in budget figures.
Follow up with DPW on water enterprise fund details for a fee schedule and bond details.
Confirm meeting details for the joint meeting with the Select Board on January 29th.
Chair Trussell asked about DCAMM. Hodges reported that the legal documents have been returned as revised by the town to the state and the town is awaiting state legal team updates. This will come back to the Town Meeting after the paperwork has been finalized.
Chair Trussell also asked about the status of the booster station negotiations at Hawthorne Lane. Hodges said it was in the DPW hands. DPW has cited deficiencies in the equipment. Chair Trussell is disturbed about the outcome of the negotiations whereas Hawthorne Lane was taken as a public way because he doesn’t see any benefit coming to the town.
YTD FY25 Budget to Actual Report
Leaving out the overages in the employee benefits, the actual numbers in the report showed after 5 months that all expenses were ~50% or below of the budget with the exception of Inspection Services at 67% but that also means larger fees collected for the services.
The employee benefits show the increases for retirement and insurances where the funds are already mostly spent. Some discussion followed about this would be covered but no determination was given.
The town has paid out $13.982M which is 49% of the budget.
Board of Health 12/19
This meeting again concerned the Tobacco Control officials and Cumberland Farms. Confusion transpired since the Board only has two acting members and so a majority was possible and a second instance of a violation. The violations were upheld, though, at both Cumberland Farms’ sites.
The BOH is looking for a new member.
Hearings
Cumberland Farms- 460 High Street Ext. Lancaster, MA 01523
Violation= Failure to comply with requirement of Coupon Redemption (105 CMR 665.025)
Fine—First violation: a fine of One Thousand ($1,000) Dollars
Joan Hamlett, Tobacco Control, recited the incident of advertising and giving a discount for tobacco products. She showed pictures of the receipts showing the violation. She also showed the training given to the retailer, showing the rules that were violated.
Joshua Dunlap from Pierce Atwood, Attorney for Cumberland Farms, said that Cumberland Farms had not offered or accepted any coupons, which are prohibited, but only a promotion is accepted. Nothing is surrendered or redeemed to Cumberland Farms to get the discount. Cumberland Farms only gave a discount, which is not prohibited.
Hamlett pointed out that this was promotion offered by Cumberland Farms and this is a distributed discount, which is violating the law.
Atty Dunlap said this cannot be used to construct a broad band on any discounts on tobacco products.
A motion was made to uphold the violation and approved.
Cumberland Farms- 94 Main Street, Lancaster, MA 01523
1st Violation= Failure to comply with requirement of Coupon Redemption (105 CMR 665.025)—On promotion
Fine—First violation: a fine of One Thousand ($1,000) Dollars
Hamlett has no additional information on this violation which is the same as the one above. She did note that sometimes advertising exists and is distributed by companies for promotions that are not legal in Massachusetts, so Tobacco Control makes sure, if citing violations, that the stores are actually passing on the promotions to the customers. She showed this and provided the receipts showing the promotional amount was passed on to the customer.
Atty Dunlap said the same objections are given for this instance.
A motion was made to uphold the violation and approved.
2nd Violation= Failure to comply with requirement of Coupon Redemption (105 CMR 665.025) Marlboro Promotion
Hamlett showed receipt of the violation, there was a sale with a discount on the packaging. The customer received the discount.
Member Sheila Mallette asked why this packaging was available in Massachusetts. Hamlett said Cumberland Farms does their own distribution, so she does not know why this packaging was available.
Atty Dunlap said the same objections are given for this instance. He said this is a single violation, not two violations.
Member Mallette voted in favor of upholding the violation and Chair Paster voted nay.
This led to discussion of what this meant to the violation and to the precedent of allowing this type of promotion in the future.
Town Attorney Tony Riley agreed with Tobacco Control in that this is two instances of the same violation.
Chair Paster said the violation was already upheld, and he was thought the second violation is moot.
Atty Riley suggested a clarifying vote be made.
Chair Paster said his discussion of the Marlboro violation was for informational purposes only. Both he and Member Mallette agreed on this. Both violations have been upheld.
Hamlett asked if in the future the promotion on the Marlboro products was allowable in Lancaster. Chair Paster said that wasn’t what was said, and she needed to use her own training and judgement.
Permits
52 Poulin Drive
Sewer Line
Replacement was approved.
124 Old Common Road
Distribution Box
Replacement was approved.
1745 North Main Street
Distribution Box
This was removed until further information is available.
502 Brockelman Road
System Upgrade
This was deferred until plans are available.
Title V Inspection Reports
124 Old Common Road
This passed.
503 South Meadow Road
This passed.
53 Fort Pond Lane
This passed.
17 Runaway Brook Road
This passed.
145 Ponakin Road
This passed.
2086 Main Street
This failed, and a letter will be sent for an upgrade.
290 Bolton Station Road
This passed.
Discussion
27 Russell Lane-
Final Inspection – 12/4/2024
The trailer had been removed, and this is closed.
132 Kilbourn Road
Administrative search warrant
The warrant has not been obtained. Bill Brookings, Nashoba Board of Health Representative is pursuing.
89 Narrow Lane, Unit 1
Work to be completed by 11/27/2024 per special hearing held on 11/6/2024.
Reinspection on by Jim Garreffi. Violations found.
The 30-day violations have not been corrected but the unit is unoccupied. Before the unit can be occupied the violations have to be corrected.
89 Narrow Lane, Unit 3
Reports of mold and mildew
Reinspection after the 30-day notification period has lapsed.
70 McGovern Blvd (FC Stars- soccer fields)
Bill Brookings spoke to the property owner.
Waiting on a response from the owner.
194 Grant Way
Site visit update
The final pile has been removed, and this issue is closed.
182 Fort Pond Inn Road
Waiting on a formal letter from the property owner with the following:
Not occupied with tenants
Will not be occupied with tenants until a reinspection is requested.
Letter has been emailed.
3 Bogan Ave
Dry well emergency permit
The permit has not been granted yet because the driller cannot get equipment on site. There are options being pursued.
340 Bull Hill Road
Complaint/ Inspection Report
Mold found in the basement by the water department. Brookings will talk with the homeowner.
Resignation
Melinda Apgar (received and effective as of 11/26/2024)
There is an open position on the Board. The vacancy will be filled by an appointment by the Select Board after recommendation by the BOH Chair to finish the term of the vacant seat. Once the term has expired, then the seat is elected at the annual election.
Minutes
Minutes from November 21 available for approval.
The minutes were approved.
Community Preservation Committee 12/19
This meeting was Tom Wood’s first meeting, replacing Mark Renczkowski. Applications for any project need to be complete by February’s meeting. Three applications were discussed during this meeting.
Minutes
The minutes of October 7 and November 21 were approved.
Applications Discussion
Shade Structures for Playground
Tom Wood gave a summary of three 10’ x 10’ sunshades at the Thayer Playground. One to be placed inside the playground and two outside in the picnic table area.
The estimate is for $22000.
Cemetery Stone Walls
Two projects: Middle Cemetery and Old Common Cemetery
Discussion on historical significance and safety concerns.
Estimate is $30K to 40K. Scott MacDonald, Department of Public Works is getting quotes from multiple quotes for the January time frame. The Massachusetts Cultural Resource Information System Maps (MACRIS) needs to be checked for historical registry forms. Heather Lennon, former chair of the Historical Commission, did the work to get four cemeteries into this registry.
Library Roof and Masonry
Joel Mule gave a summary of the work that needs to be done on the roof and the masonry. This is the same information provided to the Select Board previously in November.
There was discussion on funding, phasing, and historical impact.
He will coordinate to get a presentation from architectural consultant and engage Historical Commission for support.
Select Board Meeting 1/6/25
The Chisholm property withdrew it’s request for permit renewal and the property is being sold. The restoration of the property will not happen as it will be developed, ostensibly by GFI, the new owner. Questioned within this meeting was what weight do restoration clauses have in these earth moving permits if not enforced. This was Kate Hodges’ last meeting, and Jeff Nutting’s first meeting as interim Town Administrator.
Minutes
Review and take action on the following Select Board’s Regular Meeting Minutes of December 16, 2024.
These minutes were approved.
Scheduled Appearances and Public Hearings
Continuance of Public Hearing Renewal of Special Permit to Remove Earth Products (Sand and Gravel)
Notice is hereby given that a Continuance of a Public Hearing will be held on Monday, January 6, 2025, at 6:05 P.M. via ZOOM. https://us02web.zoom.us/j/87330004270?pwd=kuZhPOq8bqAwoJvaKY2HHqXXKzy6mV.1 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. A copy of the Application and Engineering Plans may be viewed in the Select Board’s Office. All persons interested in providing comments should attend and be heard.
Member Ralph Gifford did a site visit on December 30 and described the testing. Three different tests are performed. On the water being pumped from the bottom of the pit over the road into the ditch on the other side they do effluent testing. They do groundwater testing in the wells, for migration of groundwater into the pit. The water at the bottom of the pit has very little iron but the groundwater has a lot of iron, so the understanding is there is no mixing between the pit water and the groundwater. The third test is hydrogeological and there is a report coming. That report is not available. P.J. Keating has asked to continued this hearing until February 3 when that report will be available.
The motion was made to continue until February 3 and was approved.
Continuance of Public Hearing Renewal of Special Permit to Remove Earth Products (Sand and Gravel)
Notice is hereby given that a Continuance of Hybrid Public Hearing will be held on Monday, January 6, 2025 at 6:35 P.M. via Zoom https://us02web.zoom.us/j/87330004270?pwd=kuZhPOq8bqAwoJvaKY2HHqXXKzy6mV.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). A copy of the Application and Engineering Plans may be viewed in the Select Board’s Office. All persons interested in providing comment should attend and be heard.
Mikael Lassila representing Chisholm stated that the property has been sold and so the permit renewal has been retracted. He also stated that the $50K bond for the restoration of the area needs to be released because the property will be developed and there is no need for restoration. Chair Steve Kerrigan said he and the interim Town Administrator, Jeff Nutting, will investigate the bond. Chair Kerrigan also said there needs to be written notice to retract the renewal. GFI is the new owner of the land, and their project is in front of the Planning Board.
There was a motion to close the hearing and approved.
PUBLIC COMMENT
Opportunity for the public to address their concerns, make comments, offer suggestions, or ask questions.
There was no public comments.
ADMINISTRATION, BUDGET AND POLICY (Votes may be taken)
Thayer Painting (currently in Old Town Hall)
Permission to hang in Library for viewing
Joel Mule requested that the painting of Nathaniel Thayer III be transferred from the old town hall to the library.
There was a motion to approve and was passed.
Neck Road 40B Appeal
Legal Services approval for appeal
This was tabled since the parties have not responded. Attorney Adam Costa will be handling the appeal since he was integral in the Zoning Board of Appeals decision making and will have a contract for this by the next meeting.
Town Administrator Search Update
Search Firm & RFP Discussion
Member Gifford had two concerns on the contract being proposed involving delivery and the consultant’s responsibility for an applicant’s .
Request for Proposals (RFP) will be required to be mailed or delivered by hand.
There is a clause for consultant responsibility if the applicant leaves the post within 12 months. This clause was struck from the RFP.
Town Administrator Report
Museum Reboot: Soft opening at the end of the month.
Ice Rink: Set up and awaiting cold weather for flooding.
Community Center Boiler: Replacement needed; National Grid to assist with significant funding ($60K) and there is enough funding ($90K) from last year to cover the cost.
Website Revamp: New features including text message alerts, completion by May.
Review of FY26 General Fund Draft Budget
Kate Hodges, Town Administrator reminded the Board that there is a joint meeting January 29 with the Finance Committee to finalize the 2.0 version of the budget book.
Member Gifford asked if there is a discrepancy between the budget book and the summary, which rules. Hodges said the book and the summary should be linked entirely after the meeting. Member Gifford had noticed discrepancies and recounted a couple.
Planning Board 1/13
This long meeting included a final vote on the 0 Hilltop development with 3 of the 5 members abstaining. This has led to a lawsuit by the development against the Planning Board. There was also a very long discussion concerning the parking in and around the Brazilian SDA church on the corner of Sterling Rd and Goss Lane brought up by the proposed new construction of a gymnasium.
Minutes
The minutes of December 9, 2024 and December 16, 2024
A draft of these minutes can be viewed here: https://www.ci.lancaster.ma.us/node/36/minutes.
The minutes of December 9 and December 16 had not been reviewed and so were tabled until the next meeting.
Public Hearings
357 Sterling Road
This is a continuance of a Public Hearing that was opened on January 8, 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. The Board will review the applicant’s latest responses to comments on the Site Plan by the Town’s engineering peer review consultant. 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 Public Hearing is being continued from September 9, 2024 The Lancaster Planning Board will hold a public hearing on Monday, January 8, 2024 at 7:00 PM to hear and act upon the following matter: A petition by Southern New England Conference Association of Seventh Day Adventists, P.O. Box 1169, 34 Sawyer Street, South Lancaster MA 01561, for the following: Site Plan Review and Stormwater Management Permit relative to the addition of a 6,780 square foot gymnasium to an existing house of worship, and associated stormwater management features. The property is located at 357 Sterling Road, Lancaster, MA, in the Residential Zoning District, and is identified on the Assessor’s Map 41, Parcels 11 and 11a. A copy of the application and accompanying documents are on file in the Office of Community Development and Planning.
Brendan Pyburn, civil engineer from BOBREK Engineering, recounted that questions coming out of the peer review have been resolved. He went on to explain that the site has 91 parking spaces whereas according to occupancy rules for a 250-seat occupancy, 83 are required. This new project is an extension of the use of the site and the facilities will not be used simultaneously. There is a grass area also that is used for parking. No more street parking will occur. Mark Schryver, architect, spoke to the parking also, that the congregation will self-police with no parking on Goss Lane. They will also put in no parking signs on Goss Lane in partnership with the Department of Public Works. The gym has a capacity of 100 people and requires 33 parking spaces. Commissioner of Public Safety Everett Moody, joined via Zoom. He said the statements just made by the applicant representatives will help with the parking issues. He said signage and street markings will help also. Itamar Barbosa, a Church Elder said that the congregation is continually reminded that there is no parking on side street. He said that sometimes there are visitors. The church has vans to convey people to offsite parking.
Member Kendra Dickinson asked to clarify what are paved and marked parking spaces. Pyburn replied there are 73 paved and marked spots with 4 of those be ADA accessible. Dickinson then shared pictures from 3 weeks prior showing a “typical” Saturday service of cars double parked and one place triple parked. The grassy field was not full. She has a hard time believing that parking is not going to continue to be an issue.
Pyburn said the separate facility does not require additional parking and asked what is a good condition to make sure a parking plan is acceptable. Dickinson said the separate facility was stated to be used also for weddings, and other activities, not just kids’ activities.
Barbosa said funeral and weddings are all part of being a church. Ninety percentage of the activities are for the kids’ activities. He said the capacity of the facility will never exceed the capacity of the church and facility and church activities are mutually exclusive and will not occur at the same times.
There was a long discussion on parking. Schryver said there may be parking issues with the church, but the separate facility will use much less parking.
Dickinson then brought up that an historic wall had been damaged by vehicular traffic and asked Schryver if that would be repaired. She asked how it would be reconstructed and when the permit would be pulled for the work.
Chair Streeter asked for a parking plan and the permit be pulled for repair the stonewall. Pyburn asked how many parking places would the Board like to see. More discussion followed about the parking conditions. Dickinson was under the impression the 91 spaces were being reduced to 73. Pyburn corrected her, that there will be no reduction in existing parking spots.
Kleber Hernandes, Minister at the Brazilian SDA Church, came to the podium to explain that the new facility would not be used on Saturdays because of church practices. Tony Riley, town counsel from Harrington Heep, cautioned against making conditions for church use.
Pyburn suggested they do a traffic study for the next Saturdays to see what the parking needs are and continue the hearing to the meeting 4 weeks out. Schryver suggested that the church write up a plan of action for when there is expected to be heavy traffic.
Erin Anderson, 329 Goss Lane, suggested that an outside person do the study on the parking for accuracy. She also stated that the church was still in violation of the lighting bylaws. She had reported 3 lights in violation and only one had been fixed. Anderson also took issue with the stated capacity of the building (s). According to her calculations, outlined in an email to the Board, there needs to be 162 parking spaces.
There was a motion to continue until February 10. This was approved.
2248 N. Main Street
A Special Permit application to install a ground mounted solar system as allowed by Special Permit by the Planning Board under the Town of Lancaster Zoning Bylaw §220-76. This is a new Public Hearing. Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/2248-north-main-street.
The Town of Lancaster Planning Board will hold a Public Hearing in the Nashaway Meeting Room, 2nd floor of the Prescott Building, 701 Main Street Lancaster, MA and via Zoom on Monday, January 13, 2025 at 7:00 PM to hear and act upon the following: A petition by Mike Favreau (applicant and owner), 2248 Main Street in Lancaster for a Special Permit pursuant to Section 220-76 in order to install a ground-mounted solar array in the Residential District. The site is located in the Residential Zoning District and is identified on the Assessor’s Map 19, Parcel 5A. A copy of the petition and accompanying documents are on file at the Community Development and Planning Office.
The hearing was opened. Member Mike Favreau recused himself. Quinn Allen, his representative came to the podium. The ground mounted solar array will take up 950 square feet and will have 36 panels and one inverter. The system will meet the setback requirements. The front is 12” from the ground and 82” from the ground in the back.
National Grid has fully approved the project.
Waivers were granted for Sections J, K, L, and M of the bylaws.
The hearing was closed.
Approval was given for the project.
2038 Lunenburg Road
This is an approved 23-unit mixed-use subdivision with an IPOD Special Permit that is currently constructing the road and utilities and preparing to begin the building permit application process.
The Board will review the following documents:
a. Acceptance of Cash Bond to complete road
b. Declaration of Homeowners Trust
c. Declaration of Easements & Restrictions
d. Conservation of Open Space Restriction
e. Affordability Restriction.
Attorney Peter Campobasso, representing the applicant Harbor Classic Homes, came to the podium to go through the documents. All the documents have been reviewed by town counsel, so Atty Campobasso believes they are ready for approval. The Home Owners Trust will own the roadway, utilities, and the open space. The open space can be conveyed to the town if that is what is wanted, and the land will still be protected by the conservation restriction.
The affordable units will be built by Habitat for Humanity.
Atty Riley agreed with all the statements made by Atty Campobasso and said there was nothing out of the ordinary in these documents.
Atty Campobasso was insistent that it be clear that the building permits can be issued by Planning Board approval.
A motion was made to accept the documents, with the Affordability Restriction being approved as a draft.
This was approved.
Brian Keating, Planning Director, said the building permits can be approved and occupancy permits issued after building is completed. The Board agreed.
0 Hill Top Road (Hawthorn Hill)
Issuance of Decision approving the petition for a Definitive Subdivision with Conditions. This Public Hearing was closed on December 9, 2024.
Project Documents including the Conditional Approval can be viewed here: https://www.ci.lancaster.ma.us/planning-board/pages/0-hill-top.
Dickinson had questions about being able to be on the premise. Chair Streeter said that the Planning Board members can access the property but needs to check in. The applicant asked for 48 hour notice but that isn’t something the Board agreed to. There was some confusion about the draft versions that are to be approved and the language concerning the check-in. Chair Streeter said twenty-four-hour notice is fine and a check-in is necessary for safety reasons. The draft being reviewed says no work on Saturday and Sunday, that needs to be changed to Sunday only.
The discussion of inclusionary zoning followed; whether water and sewer need to be present for a permit to be issued.
Chair Streeter refused to hear from the applicant’s attorney, James Donovan, from the podium as the hearing was closed. Nicole Ferguson, also representing the applicant in the room, accused the chair of being biased. Member Dickinson said she was not comfortable, and she wants the applicant’s attorney to speak. There followed an argument between Member Favreau, Member Dickinson, and Chair Streeter. Member Dickinson said this is biased. She intimated that the chair was stifling discussions. Chair Streeter said the applicant doesn’t have to agree to the conditions, the Board orders the conditions. Member Dickinson kept up comments and gestures.
Member George Frantz said “I recall that during the fall during our earlier discussions on this on this project the applicant said we will agree to any condition that the board places on the project so if these are the conditions you know then I think the discussion is and before we close the hearing in at the meeting in December I believe that we specifically said this will preclude further discussion you know of these articles so I think we're within reason and our rights to say that these are the things. Now that's not to say that that we as the board shouldn't look at one or two of these things and say no I think this needs to be changed you know just as just as we change the you-can't-work-on-Saturdays, that's crazy, let's do it, just as we change the you-can't-have-anyone-coming-in-for inspections-without-48 hours, that's crazy, no. So it's up to the board in my opinion to look at and make adjustments as necessary but I think essentially these are the things that we that we've been talking about.”
Member Favreau said he sees a big difference between the way the Board treated this applicant and others and Member Dickinson agreed. He said the applicant had not been treated fairly. Chair Streeter asked if Member Dickinson had any more questions, and she replied she was still reading. He said she had had the draft since Thursday. He asked again if she had questions, otherwise he was calling for a vote. He called for a vote on the Order of Conditions as amended.
Atty Donovan again came to the podium to make some clarifications. Chair Streeter conversed with him and then stated that the Planning Board had the option of having the applicant make a payment in lieu of affordable units. Atty Donovan said he did not agree. The chair repeated his statement and Member Dickinson interjected the applicant was not going to do a payment in lieu. Chair Streeter said the option was the sole discretion of the Planning Board. He called for a vote. Member Frantz abstained, Member Favreau abstained, Member Dickinson abstained, Member Regina Brown voted yes, and Chair Streeter voted yes.
The conditions were approved.
On January 27, a lawsuit was filed in Massachusetts Superior Court in Worcester County to disallow the Order of Conditions. The complaint number is 2585CV00121C and can be viewed on the state’s website by searching on the LLC’s name of 0 Hilltop. Among other stated reasons the lawsuit included this:
Staff Report
Keating gave the following reports:
Special Permit Legislation
Extension: All special permits from January 1, 2023, to January 1, 2025, are automatically extended for two years.
DCAMM Update
Property Delineation: Request for updated map excluding certain areas like The Piggery and JFK School.
Atlantic Union College (AUC) Update
RFP Release: Expected late winter or early spring for developers to purchase the property.
Accessory Dwelling Units (ADU) Bylaw Update
Hearing: Plan to hold a hearing for zoning changes related to ADUs.