Issue 13 February 2025
Conservation Commission 1/14
The development at 0 Hilltop dominated this meeting. Since the development has broken up the Notice of Intent up in different notices and subtract the water resource from the current one, this has caused confusion. The discussion was amicable and contained a lot of detail.
Public Hearings
Continued Notice of Intent – 0 Heritage Lane
Construction of a driveway crossing and single-family home
Request from applicant to withdraw application
A motion was made to withdraw the application without prejudice. All approved.
Continued Notice of Intent – 10 Fire Road 54
Continued until January 28, 2025
Continued Notice of Intent – 121 Fire Road 11
Retaining wall replacement and site improvements
A motion to continue until January 28 and approved.
Continued Request for Determination of Applicability
Removal of dead trees within the Seven Bridge Road right-of-way
Motion made and approved to continue until February 25.
Continued Notice of Intent – 0 Hill Top Road
Construction of roadway and utility infrastructure at 0 Hill Top Road
Frank McPartlan, Dillis & Roy spoke on behalf of the applicant, citing documents submitted to the peer review by Arthur Allen, EcoTec, Inc. and Brad Stone, Conservation Agent’s comments, regarding stormwater management.
In regards to the peer review, McPartlan stated that the applicant is withdrawing all work at Hilltop Rd regarding the water resource. This scope of work will be resubmitted in a later notice of intent after it is fleshed out with the Department of Public Works (DPW).
He went on to say that in response to the peer review’s comments the wetlands flags will be moved out and other flags will be added. He presented a new plan with the revisions. There was mention of a culvert that was collapsed after 20 ft.
Stone went through his letter with comments 1 through 18. Comments request more work and/or improvement in work or materials for stormwater management and hydrology.
McPartlan committed to having a draft HomeOwners Association agreement. James Whitney, applicant, via Zoom asked if Stone has a draft agreement from prior experience, which he did not. Whitney responded he would ask his attorney.
Stone went on to comment on the stormwater basin and the volume of water and cautioned against surges allowed by direct connections. He wanted direct connections disallowed by the Order of Conditions. McPartlan and Whitney agreed.
Stone commented it is a very high groundwater site, and it is a “massively” big site, and he wants the road construction to be watertight.
Commissioner Dennis Hubbard asked about the new tree line. The tree line will be the hay bale line, i.e. this is the clearing size. He requested that the buffer zone be flagged where area will be cleared so the property owners know the buffer zones and that lawn waste, etc. is not allowed. Chair Seidenberg suggested a boundary, like stones, is made at the 25-foot buffer zone boundary so incursions are not made into the buffer zone.
McPartlan made the point that the applicant will be coming before the Commission again for the wetlands. Commissioner Hubbard made the point again that he will be looking at these areas and wants to see some markers when the individual sites come up for review. Nick Dewhurst, representing the applicant, reassured the Commission they are looking in detail at limiting the clearing and wants to maintain the character of the property. Whitney said he wants a wood setting for the homes. This is a very large reason why they want town water and sewer instead of wells and septic.
Chair Seidenberg asked if the hydro CAD (Computer Aided Design) was done with the full build out of the property. McPartlan said yes.
Adam Zand, 202 Hilltop Rd, wanted to know what will happen to the trees along Hilltop Road, and also the creek that runs across. Chair Seidenberg said the applicant withdrew this work and will resubmit it. Dewhurst said they are still finalizing the design with the DPW and that it may be that a new notice of intent will be needed. Chair Seidenberg reiterated that there will be a new hearing for this.
Tanya Destephano, 679 George Hill Rd, wanted to know where the roadway design was going. She also asked if there are a lot of wetlands on the property and what kind of studies have been done. Dewhurst said they had submitted an analysis of the wildlife present, as late as 2024. Whitney said he wants to keep the land hunting free and keep it clean. Whitney and McPartlan said only 20 acres out of 140 acres are being developed, and Dewhurst said it is only about 15% of the parcel.
Alix Turner, 620 Main St, asked what plan was approved for the stormwater. Kendra Dickinson from the Planning Board said the conditions were discussed. McPartlan said the stormwater design is on the Notice of Intent approved by the Planning Board.
Kris Mahabir asked about the wetlands study that had been done in a dry year and whether it will be re-done this spring. Stone said this study was not dependent on the season and is good for vernal pool analysis. Mahabir said he is worried about the underground drainage pipes and that they can be damaged, and this will be a problem on the parcel. Whitney suggested that he and Mahabir walk the property and share knowledge.
A motion was made to continue to January 20 and approved.
Continued Notice of Intent – Lot 3 Neck Road (a portion of Assessor’s Map 30, Parcel 128) Construction of a single-family home
A motion was made and approved to be continued until January 28.
Discussion
Enforcement Order – 397 Center Bridge Road
Stone reported that Town Counsel has not yet given their opinion though they have the details, etc.
Enforcement Order – 2121 No. Main Street
During a review for a building permit, Stone noticed disturbance in the wetlands buffer zone with earth movement as well as encroachment into abutting town land. He recommends an enforcement order.
A motion was made to issue an enforcement order with a 60-day response period and approved.
Enforcement Order – 629 George Hill Road
In response to a building permit application for a barn, Stone noticed a disturbance that may be inside the wetlands buffer zone. He recommends an enforcement order.
A motion was made to issue an enforcement order with a 60-day response period and approved.
General discussion regarding updating the Wetlands Protection Bylaw
No new update. Chair Frank Streeter of the Planning Board commented that the Board will be receptive to updates.
General discussion regarding the oversight of open space parcels and request for technical assistance from the Montachusett Regional Planning Commission (MRPC) to update the Town’s Open Space and Recreation Plan (OSRP)
Commissioner Jim Lavallee is doing an ongoing review of the inventory.
The Commission is requesting assistance from the MRPC to update the OSRP from the Select Board via a letter drafted by Stone. The funds come from the state. A motion was made and approved to the letter to the Select Board.
Bartlett Pond Conservation Area
Food vendor update
With the retirement of Murph’s Hot Dog truck, there are potential vendors to take over the business. There is general support from the Commission for a vendor with proper logistics.
There was a long discussion of the history of the area and the removal of the dam with Tom Christopher, former Commissioner.
Central Massachusetts Regional Stormwater Coalition (CMRSWC) updates
Stone presented the benefits and the fee of membership and the idea of the intermunicipal agreement. Shrewsbury is the fiscal host for the intermunicipal agreement. When Stone has the agreement, he will present it for approval of entering membership.
Minutes to Approve: 12/10/2024
These minutes are not yet available.
Community Preservation Committee 1/16
The Library reconstruction and renovation was the focus of this meeting.
Jeff Nutting, interim Town Administrator led the discussion for what was in the CPC’s account. The Committee are committed to splitting the funds three ways; to spend at least 10% on housing, recreation, and historical preservation. He provided the following for consideration.
Current Financials:
$419,000 in the account
$200,000 annual income
Library Project Discussion
The Committee is being asked to support the library with $500K for roof and masonry repairs. The total project costs about $750K, with the balance of the money is being funded by the town.
Nutting outlined the following project options:
1. Commit $500,000 over 10 years
$400,000 towards project
$100,000 in interest
$50,000 annual draw
2. Commit $100,000 upfront, borrow the rest
Reduces annual cost to \~$40,000
Leaves more funds for future projects
Project Timeline:
Project completion expected by 2026
Short-term borrowing may be required
Project Management:
Need for a project manager with the selection going through formal process.
After a discussion in which member Tom Seidenberg suggested the reserve should be built up so that if affordable housing or open space needs some investment, then cash would be available, and so the second option was more attractive. Member Thomas Wood agreed.
A motion was made for the second option for $100,000 upfront and $400,000 bonded over 10 years. This was approved.
Nutting will draft the warrant article for the Committee’s approval for Town Meeting.
Sunshade Project
The proposal is to place sunshades in the new playground.
A motion was made and approved to approve this application. Wood will help word the article warrant.
Cemetery Wall Repair
The status is that there is damage from a car chase. The town is awaiting an insurance assessment.
After discussion it is decided to obtain quotes for repair and revisit in one month.
Minutes Approval
The minutes from December 19 and January 9 were amended to include list of documents and explicit vote listing, then they were approved.
Annual Report
Seidenberg made some content suggestions coming out of his experiences on the Conservation Commission and he cited Brad Stone, Conservation Agent, as guiding him in the critical items necessary including a list of approved projects, financial summary including income and expenditures. The submittal will be through the Town Administrator.
Board of Health 1/23
This meeting cleared a lot of items. Some old construction was discussed as well as the new ways to buildout septic systems.
Permits
502 Brockelman Road
System upgrade
The plan shared by Bill Brookings, Nashoba Board of Health representative. This site offers challenges since it is slow to percolate, there is high water ground, and it is only 50 feet from the well. This is also pending approval by the Conservation Committee. A motion made for conditional approval and approved.
Lot 19 – Laurel Hill Road
Septic permit transfer
Harbor Classical Homes and Brian Carlson, Traditional Concepts, is taking over the development so the permit is being reissued to the new owner. No vote necessary.
75 Beach Ave
Tight tank
The system failed, and the cess pool is part of the foundation. The lot is only .1 acre. Since there is no leaching field, the tight tank will have to be pumped out by a licensed contractor. There was discussion about the placement of the new tank, taking it further away from the abutter’s well and closer to Beach Ave.
Brookings will call the engineer and explain the change requested and request new plans.
1394 N. Main St
Distribution box
Not yet replaced.
18 Fuller Ave
Distribution box
The box has been replaced and inspected.
2086 N. Main St.
Septic upgrade
The new Presby system plan was presented on the screen. The plan needs some offset waivers on a 2-ft groundwater offset instead of 4-ft and a reduction to 1-ft offset from 2-ft to tank inverts. A motion was made and approved.
Title V Inspection Report
18 Fuller Ave
This passed.
131 Otis St.
This passed.
531 South Meadow Road
This passed.
1394 N. Main St.
This passed.
44 Beach Point Road
This passed.
326 Ponakin Road
This passed.
2677 N. Main St.
This passed.
290 Bolton Station Road
This passed.
Discussion
27 Russell Lane
Final Inspection was 12/4/24
This is closed. The trailer is gone.
132 Kilbourn Road
Administrative search warrant
There are no current tenants, and so no further action is required.
There will be a note drafted to Commissioner of Public Safety, Everett Moody, that this is being closed out.
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.
Pending new inspection.
89 Narrow Lane, Unit 3
Reports of mold and mildew
Pending reinspection.
70 McGovern Blvd (FC Stars- soccer fields)
The owner has called back but neither party has connected yet. There is to be some material overlaid on the road to take care of the dust.
182 Fort Pond Inn Road
Waiting on a formal letter form the property owner with the following:
No occupied with tenants
Will not be occupied with tenants until a reinspection is requested
The letter has been received and so this matter is closed.
340 Bull Hill Road
Complaint/ Inspection Report
There was a broken water pipe and there is mold and mildew.
Brookings has not yet visited the site.
127 Fire Road 11
An emergency septic replacement is needed.
Conditional approval was given for the replacement.
Zoning Board of Appeals 1/23
This meeting included elections for a new chair and the antenna tower on Fort Pond Road.
Minutes
There was a motion to approve minutes of 10/24 as written and was approved.
Election of Officers
This was an election for a new Chair.
Rob Alix stated he did not want to chair this new year. Jeanne Rich volunteered. There was a motion for Rich as Chair, and all approved.
Public Hearing
Special Permit at 696 Fort Pond Road
A petition by Cassandra Darmody of 6615 Towpath Road, East Syracuse New York 13057 (Applicant), and American Tower Corp., 10 Presidential Way, Woburn, MA 01801 (Tower Owner), and Fort Pond Realty, LLC, 133 Pearl Street, Suite 300 Boston, MA 02110 (property owner) for the following: A request for a Special Permit to Install a 12’ x 30’ pad within existing compound to place equipment cabinets and diesel generator. Install Platform at 147’ to mount (9) antennas, 6 RRHs, and 2 6x12 Hybriflex Cables pursuant to The Town of Lancaster’s Zoning Bylaw §220-43. The proposed site is located at 696 Fort Pond Road, Lancaster MA 01523, on a parcel owned by Fort Pond Realty, LLC. The parcel is zoned in a district identified in the Town of Lancaster Zoning Bylaw as Enterprise Zone (EZ), Enterprise Retail Sub-district A (EZA), and within three overlay districts identified on the Town’s Zoning Maps as Water Resource Overlay District (WROD), a Personal Wireless Service Overlay District (PWSOD) and a Integrated Plan Overlay District 2 (IPOD 2) and is identified by the Town Assessor as Map 5 Parcel 32. Darmody joined the meeting via Zoom and went through the following details:
There will be no new tower, but the renovation will use the existing structure for the new radio heads.
She assured the Board also that the abandoned Sprint equipment would be removed.
Robert Cloutier, 20 Evelyn Place, raised concerns about past conditions on tower expansion from about 15 years. He said at the last expansion there were limits set on future expansions. Brian Keating, Planning Director, said he was not aware of any former conditions. Darmody said she was not aware. Cloutier said he remembers that the height could not be increased. Keating went to pull physical files while Alix searched online.
Keating found a hearing transcript from October 2010. He could not find any special conditions, including height. Cloutier said that it may not have been that hearing. He said there had been an increase of height sometime previously and at that meeting he recalled there was a decision that no further height could be added. Alix could not find any other decisions concerning the property in the Worcester County Deeds. Cloutier thanked the Board for looking into it.
Member Dennis Hubbard raised concerns about wetlands and buffer zones.
There was a Motion to close the hearing and another motion to approve the special permit with condition of Conservation Commission review and approved.
MCO Cottage Rentals: Request for Non-Substantial Modification
Modification Request to increase fence height from 6 ft to 12 ft to block headlights.
Mark O’Hagan represented the MCO Cottage Rental, a 40B development. The notice said there was an agreement with the abutters, Barbara and Todd Stocker, 303 Deershorn Rd, for higher fence. There was a letter from the abutters, though the abutters are unhappy with the progress of the development and headlights coming into their house.
There was also an email from an abutter of January 22 saying there should be a six-ft retaining wall with a six-ft fence. There has been intrusion with snow onto the Stocker’s property.
O’Hagan said he has been working with the abutters during development. He expressed frustration with understanding about what the abutters want. He said he will follow the plan or whatever else is needed or wanted. He said the snow removal will be corrected. Currently, despite the fencing not being present, the rest of the site has been completed to plan. He said the fence had not been installed yet, at the abutters’ request.
O’Hagan is asking for clarification and wants a clear opinion given to the Board from the Stockers.
The Stockers came to podium to talk about the fence. They are unhappy about the snow and the fence being broken by snow plowing. They understood the fence to be six-ft and now it will be 12-ft. There should be planting to shield the headlights from the Stockers’ house. B. Stocker said there should never have been a comprehensive permit or occupancy permits given until the development was completed.
O’Hagan said there has been submitted emails showing all the in and outs and he is willing to do anything necessary to finish the development. He is willing to keep talking with Stockers to come to a resolution, but he needs a decision from the Board.
While the motion does not settle the dispute between the abutters, the motion was made that the change was not substantial and approved.
Planning Board 1/27
This meeting did not have an election for a new chair. This was put off until after the town elections in May.
Minutes
The minutes of January 13th were approved.
Annual Board Reorganization
During a discussion, since the Board did not have a full quorum and usually there was an election in May coming up, Member Regina Brown made the motion to reorganize after the Town Elections. This passed with 3 votes and one abstention.
Discussion on Bylaw Amendments
Accessory Dwelling Units (ADUs)
Accessory Dwelling Units (ADU) §220 – 9G: New State Law. The State passed the Affordable Homes Act in August 2024. Sections 7 & 8 of that law regulate how communities are required to regulate ADUs and related bylaws. The Planning Board will draft an amended ADU bylaw, open a Public Hearing discuss and hear public comment, close the Public Hearing, and make a recommendation to the Select board on the amended bylaw to be accepted at Town Meeting in May. Here is a link to the Mass.Gov/ADU: Accessory Dwelling Units | Mass.gov Here is a link to the Town’s current bylaw: https://ecode360.com/11813706#11813706.
Chair Frank Streeter wants to review parking requirements for Lancaster.
Integrated Planning Overlay District (IPOD)
Brian Keating, Planning Director, went through the pro cons of using the IPOD for the DCAMM site. This prompted a long discussion on the site. With comments intermixed about the development in North Lancaster which prompted rezoning to an IPOD two years ago, but no development has yet occurred.
Ground Mount Solar
Discuss the adequacy of this bylaw. View current bylaw here: https://ecode360.com/31334671#31334671.
Since residential require permits, Chair Streeter suggested that residential systems under 25 KW should not need a special permit. Keating suggested proper setbacks of 20 ft.
Member Brown brought up DIY panels. The Board agreed there needs to be refinement to the language to cover contingencies and also small projects that are not concerns.
Chair Streeter asked Keating to ask the Building Inspector Mike Silva for his knowledge, any key language he knows from his tenure in Leicester, who has verbiage for zoning laws for ground mount Solar installations.
More discussion on the DCAMM property happened, including the burying ground and the hazardous areas which that the town does not want to take procession.
The Board scheduled hearings on these amendments for February 24. All members were asked to review all state laws pertaining to these amendments.
Open Space and Recreation Plan (OSRP)
Planning Board Letter to Select Board Recommending Application to Montachusett Regional Planning Commission for District Local Technical Assistance Grant. Draft Letter: PB Recomendation.pdf
The Board voted to approve and send the letter to Select Board recommending MRPC assistance for OSRP update
One Stop for Growth Grant
This is a streamlined process for applying to state available grants.
Keating brought up that this is a website for applying for grants and he has registered for webinar. He requested ideas for grants. He asked for these by late February/early March so there could be potential projects for grant application due in June.
Conservation Commission 1/28
This meeting once again was centered on 0 Hilltop Road. The hearing was continued again as Brad Stone, Conservation Agent needed to go through more of the documentation submitted.
Public Hearings
Continued Notice of Intent – 10 Fire Road 54
There was a request to continue until February 11. There was a motion for this and approved.
Continued Notice of Intent – 121 Fire Road 11
Retaining wall replacement and site improvements
A request was made to continue until March 11. There was a motion for this and approved.
Continued Request for Determination of Applicability
Removal of dead trees within the Seven Bridge Road right-of-way – continued until February 25. Continued Notice of Intent – 0 Hill Top Road
Construction of roadway and utility infrastructure
Frank McPartlan, Dillis & Roy, representing the applicant, presented a review of the updates to the infrastructure plan. He has given a full response to Brad Stone, Conservation Agent, and has met with him to go through any questions. He went through drainage and other stormwater management issues covered in the letter. McPartlan has revised plans to make sure basins are above the seasonal high water for groundwater. Sediment basins were moved off roadways and the high-water table was considered with the height so the sediment can settle out.
Location and grading of drainage basins were also changed at the request of Stone.
The HomeOwners Agreement (HOA) was given to the Commission on January 23. The HOA has responsibility for the stormwater basins.
The roadway was updated to be consistent with Town Bylaws.
Stone needs to review all the updates.
Commissioner Jim Lavallee asked about the watertight warrantees. McPartlan said there is testing for this.
Nick Dewhurst, engineer for the applicant, said that this is not an unusual situation.
Chair Tom Seidenberg said the HOA should reference the Massachusetts General Law directly, instead of implying the statue being referenced.
Adam Zand, 202 Hilltop Rd, asked about the water source and Chair Seidenberg reminded him that this was not part of this current notice of intent. Zand then asked for the stormwater basin functionality to be explained. McPartlan explained that the 3 basins provide flow moderation, solids removal, and separation from groundwater.
A request was made to continue until February 11. A motion was made and approved.
Continued Notice of Intent – Lot 3 Neck Road
A portion of Assessor’s Map 30, Parcel 128
Construction of a single-family home
A request was made to continue until February 11. A motion was made and approved.
Notice of Intent – 502 Brockelman Road
Construction of a sewage disposal facility
Chair Seidenberg opened the hearing. Karen Skinner, CIVILized Solutions, presented a plan for the owner. This is a new system for a failed cesspool within the riverside buffer zone. The work is outside the riparian zone. There is a DEP number. Stone is satisfied with the presentation.
There was a motion to close the hearing and issue an order of conditions. These were both approved.
Notice of Intent – 2086 North Main Street
Construction of a sewage disposal facility
Chair Seidenberg opened the hearing. Jack Maloney, Dillis & Roy, representing the applicant, presented the project details. This was to replace a failed septic system. A Presby system will be used. Stone is satisfied with the plan. Commissioner Jim Lavalle asked about a drain that goes under the street, Colony Lane, and empties out into a wetlands area. Stone understood the concern and asked about a straw silt boundary. There was discussion about the seasonal needs. There is no DEP number yet.
There was a motion to continue until February 11 and this was approved.
Discussion
Enforcement Order – 397 Center Bridge Road
A letter was prepared by Town Counsel and Stone circulated it to the Commissioners. There was a minor amendment to the letter by Stone, and others agreed. Chair Seidenberg asked if the Commission could assess a fine. Stone said they should leave this option in the letter.
There was a motion to approve sending the letter. This was approved.
General discussion regarding updating the Wetlands Protection Bylaw
Chair Seidenberg opened the discussion talking about performance standards regarding buffer zones. He wants more specific about what is allowed in buffer zones. He recommends grounding the preferences in science. He talked about areas where more stringent requirements would be warranted. He cited natural heritage for endangered species, areas of critical environmental concerns, vernal pools, and legacy or registered parcels in the biomap. He also stated that large developments are more concerning than small single-family homes.
He also said there can be some give and take on the uses of the land as far agriculture, forest, and other mitigation.
Commissioner Lavallee cautioned that the Commission needs to look at cumulative impact, especially when large projects are approved in pieces. The Chair agreed. He does want the Bylaw to cite performance standards. Former and late Commissioner Greg Jackson had drafted a use table which Chair Seidenberg would like to revisit. Stone agreed but thinks that other areas are weaker than this. He does not like the idea of the use table. He thinks it boxes the Commission in.
The Chair would like to have performance standards so that incursions into a buffer zone are warranted.
More discussion followed.
The Chair will do more research, reviewing what other towns do.
General discussion regarding the oversight of open space parcels
Commissioner Lavalle will be meeting with Stone on the open space parcel list.
Minutes
The minutes for 12/10/2024 were approved.
Select Board 2/3
This meeting
Minutes
The minutes of January 27 were approved.
Scheduled Appearances and Public Hearings
Request that the Continuance of Public Hearing for PJ Keating be postponed to next meeting on February 18, 2025.
Continuance of Public Hearing 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, February 3 2025, at 6:05 P.M. via ZOOM, 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.
This hearing was continued until February 18 by unanimous approval.
Public Comment
Opportunity for the public to address their concerns, make comments, offer suggestions, or ask questions.
There were no public comments.
Administration, Budget and Policy (Votes may be taken)
Appointment of Lancaster Police Officer Jose Miletti to the rank of Sergeant
Commissioner of Public Safety, Everett Moody, gave a speech in support of this employee.
“I would like to respectfully request that officer Jose Miletti be promoted to the rank of Sergeant. Jose has been a member of the Lancaster Police Department since July of 2006. He has proven himself to be a leader within the community and an advocate for the much-needed voice of diversity and social justice. As Lancaster's only bilingual officer, he brings his natural ability to offer enhanced communication and understanding. Most recently Jose has completed the Massachusetts Civil Service promotional exam process and has earned the opportunity to be here tonight and be promoted to Sergeant. This position is one that is within our existing budget.
Throughout his career Jose has continued to develop his capabilities knowledge and skills which have helped him advance the mission of our department, so I respectfully request the board move forward with this recommendation.”
A motion was made and approved unanimously, and Officer Miletti received his appointment from Amanda Cannon. Commissioner Moody pinned his badge on. Officer Miletti then signed his documents.
Approve Firefighter Memorandum of Agreement (MOA)
Jeff Nutting, Interim Town Administrator, presented the MOA and this was approved unanimously.
Chisholm Bond Release
This was tabled since the Board is waiting for legal documents.
Vote to accept deed for fee ownership of Hawthorne Land and sign deed.
This was approved unanimously.
Vote to accept drainage easement over a portion of 60 Hawthorne lane and sign easement deed.
This was tabled since the Board is waiting for legal documents.
Interview Town Administrator Search Committee
Candidates for performing the search were available via Zoom. Alan Gould from Municipal Resources, Inc., spoke first. Member Ralph Gifford asked what uniquely distinguishes his firm from others. Gould said the 36 years in business, and their wide experience in the New England area. When asked about placing town administrators, Gould revealed he was a retired police officer and they did do a lot with public safety, but they had placed a fair amount of town administrators. He said it was a tough marketplace now. Instead of 100 candidates, they may have 25, so there is a lot of competition. This won’t be passive recruitment. Buzz Stapczynski said some of the candidates were ideal for being interested in Lancaster.
Member Jason Allison asked what is the biggest challenge in hiring for Lancaster’s Town Administrator? Gould answered that the salary will be the biggest attractant. It can also be a career promotional opportunity for a good candidate. Stapczynski said Lancaster shows very well as a potential employer.
Chair Steve Kerrigan did not have any questions.
John Petrin, Senior Associate, and Bernard Lynch, Founder and Managing Principal, then joined from Paradigm Associates, LLC. Lynch said they are the most active search firms in New England and have done many searches in the area. The same questions were asked and Lynch answered that they are very active in this area, and they have candidates come to them to help find the candidates their next best position. They work with the Massachusetts Municipal Association and are coordinators of the local government certificate program. They teach about 50 students and another 75 to 100 students in the finance seminar program. Both Lynch and Petrin cited many neighboring towns they have worked with. Lynch stated they were a Massachusetts firm so they have the insight in the candidates from many vantage points.
They went through their process, including vetting candidates and the interviewing expertise their firm offers. Lynch said there have been a great deal of churn in municipal positions. There have been a large group of people leaving the workforce and there is another 5 years of loss predicted.
Petrin noted that Lancaster’s Town Administrator needs to be more of a collaborator and there is a small-town atmosphere. He said they would make sure the candidate is understanding the area and the community in Lancaster.
At the conclusion of the two interviews, Nutting explains the Request For Proposal (RFP) process and there is a rating sheet to determine whether to work with them.
Member Allison went through his rating sheet; he favored Paradigm Associates, LLC. Then Chair Kerrigan went through his sheet, also favoring Paradigm. Member Gifford gave his opinion, which favored Municipal Resources, Inc. Member Allison made a motion to approve Paradigm. Paradigm was approved by Chair Kerrigan and Allison and Nutting was given authority to get the ball rolling.
Appointments
Records Access Officers –
Primary Contact – Town Clerk Amanda Cannon
Secondary Contact – Assistant Town Clerk Jill Hazelrigg
These were approved.
Community Preservation Act Committee –
Historical Commission representative - Amanda Kelly
This was approved.
Division of Capital Asset Management and Maintenance (DCAMM) Discussion
Nutting said there is a lot of work to do on the zoning for DCAMM. He asked why the town doesn’t create their own zoning to get exactly what the town needs. He said someone needs to oversee the process. He asked the Board to consider what focus is needed to bring the plan to the Town Meeting.
Chair Kerrigan agreed and suggested he meet with the chairs of other boards.
Member Allison wants to hire someone to come in to manage the project. Member Gifford asked what the Economic Development Committee’s role would be. He also mentioned sewer credits for the development.
Nutting expressed urgency.
FY2026 Budget Discussion
Nutting is looking for a date when the Finance Committee can have a joint meeting. First Select Board meeting in March is suggested. Nutting agreed and will ask the Finance Committee for their availability.
Affordable Housing Trust 2/6
This meeting contained a great deal of discussion about where the development and purchase of the DCAMM property was heading. There may be missed opportunities without some timely action by the town but also some risks with the former use of the property as far as environmental hazards.
Minutes
The minutes of January 9 were approved.
Scheduled Appearance(s)
Jeff Nutting, interim Town Administrator, was not available at the start of the meeting. He was to speak about:
Warrant articles for Affordable Housing Trust at May 2025 town meeting
These are not available yet but include the creation of the bank account for funds from the Committee Preservation Act, the inclusionary zoning payments, and also payments for Subsidized Housing Inventory (SHI) units coming off of the inventory (this is no longer allowable for new units).
Nutting came on after a few minutes of discussion. He was told his appearance was scheduled for 7:15.
Regarding the bank account and the funds hoping to be contained within it, Nutting cautioned that the Community Preservation Committee (CPC) might looked in askance at the AHT for requesting this money. Brian Keating, The Planning Director, said that the AHT may want to be nimble and also invest the money upfront of any projects that they have approved. There was further discussion on logistics and the need for ready cash.
There was more discussion about perception and the designated 10% already slated for the AHT.
There will be a joint meeting with Nutting and Chair Victoria Petracca and the CPC.
DCAMM, 220 Old Common Road
Chair Petracca filled Nutting in on the report of the work that has been done on the zoning, etc. for this property. Nutting stated he thought that zoning can be easier and there are other options. He thinks the property will be mostly housing.
Chair Petracca asked about public charrettes to get a community vision for the property. (The word charrette refers to any collaborative process by which a group of designers draft a solution to a design problem, and in a broader sense can be applied to the development of public policy through dialogue between decision-makers and stakeholders.)
Nutting reiterated his statement about having a sense of urgency about getting focus on this project.
More discussion followed about the readiness of the town to take on this project. The environmental study has not been allowed by the state yet. The risks of the property were discussed and what could happen with the property, included scenarios without the town taking ownership. Both Nutting and Chair Petracca spoke about the frustration of the DCAMM entity and how many extensions have already been given. The deadline for DCAMM is June 30. Keating was more positive that the process is proceeding and that delays were also in the state’s court. He sees a good path forward. Chair Petracca is leery about purchasing the property without knowing its environmental aspects.
More discussion followed.
Proposed Revisions to Accessory Dwelling Units Bylaw
Keating went through the work the Planning Board has been doing.
State Requirements include:
ADUs allowed by right in single-family zones.
Removal of owner-occupancy requirement.
Adjustments to parking and entrance requirements.
Planning Board will hold a public hearing on March 10th.
Discussion brought out the points there is no need for special permits.
Lancaster has work to do with restructuring the local bylaw. Keating went through the major changes needed. Chair Petracca would like the Trust to review the draft for the public hearing.
Updates to SHI Pipeline (in order of number of units)
DCAMM Campus, 220 Old Common Road (covered under III, 1-b)
Already discussed above.
Atlantic Union College Campus, 338 Main Street
There three bids for the campus and AUC is looking to make a decision by end of the month.
40R Smart Growth District, approximately 1410 – 1474 Lunenburg Road, Route 70
Still in litigation.
Neck Farm Estates, 13 Neck Road, Chapter 40B, Comprehensive Permit
Under appeal in Worcester Court.
Harbor Classic Homes, 2038 Lunenburg Road, IPOD Special Permit, Local Action Units
No design rendering on affordable units from Habitat for Humanity.
Hawthorn Hill, 0 Hilltop Road LLC, Inclusionary Zoning, Local Action Units
In litigation with the Planning Board.
Property rehab, Cleveland Street LLC, 197 South Main Street, Inclusionary Zoning, Local Action Unit
No update.
Updates to Existing Subsidized Housing Inventory (SHI)
No updates.
Review Annual Town Report Submittal
The draft has been circulated, and this is due in by the end of February. Chair Petracca asked for a vote to approve the draft with some style edits by Trustee Frank Streeter. This was approved.
Planning Board 2/10
This meeting mostly consisted of going over what bylaws need to be revamped to be inline with state regulations and/or the needs of the town. Drafts are to be expected for public review prior to public hearings.
Minutes:
Approve minutes of December 9, 2024; December 16, 2024; and January 13, 2025 - A draft of these minutes can be viewed here: https://www.ci.lancaster.ma.us/node/36/minutes
These were approved.
Public Hearing
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. This Public Hearing is being continued from September 9, 2024 1. 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. https://www.ci.lancaster.ma.us/planningboard/pages/357-sterling-road.
The applicant requested a continuance to February 24. There was a motion to continue and was approved.
Public Meetings
Zoning Bylaw Modifications and Amendments:
Accessory Dwelling Units (ADU) Bylaw Amendment §220-9G
The Board will discuss the state law, The Affordable Homes Act, that governs how municipalities can regulate ADUs in their communities. Information on the state ADU law can be viewed here: Accessory Dwelling Units | Mass.gov. The current Town Bylaw regulating ADU’s can be viewed here: https://ecode360.com/11813706#11813706. See Section G Accessory Apartments
Brian Keating, Planning Director, recommended that there be a draft for the bylaw, and then have a public hearing. The state bylaw has not yet been published to the municipalities. Chair Frank Streeter went through the differences, which has been outlined during the AHT meeting previously:
State Requirements include:
One ADU is allowed by right in single-family zones.
Removal of owner-occupancy requirement.
Square footage needs to be at least 900 sq ft.
Adjustments to parking and entrance requirements.
Discussion brought out the points there is no need for special permits.
Lancaster has work to do with restructuring the local bylaw. There was more discussion about what possible scenarios are possible with this bylaw, different constructions. Member Regina Brown came up with several different configurations, questioning Keating and Chair Streeter. Member Kendra Dickinson mentioned her walk-in closet could be an ADU. She stated she could turn her house into a four unit dwelling.
There was discussion about the state not requiring external access for an ADU in case of fire.
Ground Mount Solar Photovoltaic Installations §220-76
The purpose of this Bylaw is to facilitate the creation of new ground-mounted solar photovoltaic installations by providing standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety, minimize impacts on environmental, scenic, natural and historic resources, and to provide adequate financial assurance for the eventual decommissioning of such installations. The text of the Bylaw can be viewed here: https://ecode360.com/31334671#31334671.
Chair Streeter recounted that there needs to be a smaller waiver for 25 KW residential ground installations. Other members pointed out that arrays are not attractive. Member Brown brought up the DIY installations by consumers. There was a great deal of discussion on this “loophole.”
There was a review of a use table and a discussion about setbacks.
Chair Streeter suggested a draft be reviewed at the next meeting.
Integrated Plan Overlay District (IPOD) Bylaw §220-8.7
The intent of the IPOD to provide design flexibility and efficiency in the siting of development, services and infrastructure; conserve open space; preserve the rural, historic character of the Town; provide for a diversity of lot sizes, building densities and housing choices to accommodate a variety of age and income groups; and to allow the integration of land for residential, rural, recreational, community, retail, service, commercial and industrial uses. The text of the Bylaw can be viewed here: https://ecode360.com/14291823#14291823.
This was tabled until the next meeting.
DCAMM Zoning Analysis
The Board will hear from the Planning Director on updates and other developments concerning this community development project. Of interest to this discussion is the release of the FY25 Community One-Stop for Growth state funding program that was announced last week. Information pertaining to this program can be viewed here: https://www.mass.gov/info-details/community-one-stop-for-growth.
Keating will provide information during the executive session.
Mass.gov. Executive Session: (Open Meeting Law Purpose 3)
Discuss Strategy with respect to 0 Hill Top LLC v. Town of Lancaster Planning Board, et al.
The Board went into Executive session.