Issue 15 April 2025
The Lancaster Lede would like to draw attention to the abrupt departure of volunteers from six positions on Town committees.
Council on Aging – Kendra Dickinson
Historical Commission - Kendra Dickinson
Planning Board - Kendra Dickinson – vacancy on Annual Town Election Ballot
Finance Committee – Stanley Starr - vacancy on Annual Town Election Ballot
Board of Health – Melinda Apgar - vacancy on Annual Town Election Ballot
Planning Board – Michael Favreau – Joint Appointment of the Select Board and Planning Board until Annual Town Election of May 2026.
Because these occurred right before the election cycle for nominations and signatures was closing, Lancaster has significant vacancies. Hopefully residents who are interested will apply to the Select Board et al. for appointments to these vacancies.
Select Board 3/3
This meeting was delayed in starting the public portion because of the executive session involving the litigation with the World Farmers organization. This lengthy meeting had the hearing on the earth products removal hearings closed and a session with the Finance Committee on the FY26 budget.
Executive Session
Enter Executive Session
The Select Board will meet in Executive Session pursuant to M.G.L. c.30A, §21(a), for the following purpose: i. Purpose (3): To discuss strategy with respect to potential litigation involving World Farmers and its use of the Lancaster Community Center Kitchen. ii. Motion: Move to enter into enter into Executive Session under Purpose (3) of the Open Meeting Law; to discuss strategy with respect to potential litigation involving World Farmers and its use of the Lancaster Community Center Kitchen because an open meeting may have a detrimental effect on the litigating position of the Select Board and the chair so declares, to invite Town Counsel and the Interim Town Administrator into the meeting. and to reconvene in Open Session thereafter.
Minutes
Review and take action on the following Select Board’s Regular Meeting Minutes: February 3, 2025 and February 18, 2025.
These were approved.
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
Select Board to Open Annual Town Meeting Warrant for Fiscal Year 2026
The vote was unanimously approved.
Deferred Payment Loan Request for 145 Ponakin Road
The applicant, Jacqueline Folger, has asked for $14K to be forgiven from a long-standing home improvement loan under a prior town program. She recently sold the home. She spoke via Zoom. She thought the loan had been fully repaid, but was advised at closing this amount was still outstanding. She recounted the history and asked for forgiveness.
Member Jason Allison wants to investigate this situation. Chair Steve Kerrigan went through the paperwork and found a signed revised document from 6/30/2008 that included this $14K.
A decision will be reached by the Board at a later date.
Scheduled Appearances and Public Hearings
Continuance of Public Hearing of Special Permit to Remove Earth Products (Sand and Gravel) for P.J. Keating Company.
Notice is hereby given that a Continuance of a Public Hearing will be held on Monday, March 3, 2025, 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.
Rob Robinson, VP of Aggregates, P.J. Keating, came to the podium, and said the corrections had been made to the numbers in the spreadsheet under review showing groundwater numbers. He wanted to state that the Water Management Act does not apply to the situation. Then Michael Wright, RESPEC Engineering, representing the applicant, came to the podium and said the spreadsheet needed corrections in the formulas, not the numbers. He stated that according to either the seasonal or annual threshold they were still under those thresholds for the Water Management Act.
Member Ralph Gifford asked about the groundwater coming in the quarry. Wright said over the long term the water balance is net zero. Member Gifford stated the town bylaw does not permit earth removal below ground water levels and the operation is below groundwater. Wright said the wells show that the groundwater levels are not affected. Wright said the bylaw had been looked at for adjustment previously, indicating that the bylaw should be adjusted.
Wright maintained that the operations are not affecting the groundwater. Their wells prove that.
Michael Trovato, Tighe and Bond, came to the podium. He said that P.J. Keating has complied with their permit. Member Allison challenged him about whether he was confident in the new spreadsheet. Trovato went through his reasoning to reassure the Board. Member Allison asked about how much a new hydrology study costs, Trovato said over $100K, and then Member Allison asked how long a study would last, Trovato said maybe over 2 years. Member Allison then asked if Trovato would be confident buying a house in this area. Trovato said yes. Member Allison asked a few more questions about Tighe and Bond’s experience in Lancaster.
Member Gifford asked how old the hydrology study was. Trovato said the last study was initiated in 2005~2006 but the study is never actually completed since it is continually updated with the flow monitoring P.J. Keating does. He went on to say this was an evolving assessment and he also had his hydrogeologist, Jeff Thelen, on the line for consult.
Thelen said that a new study is not needed because of the four new monitoring wells put in last April. He would like to see some information from these wells, especially regarding chlorate.
Robinson came back to the podium in response to Member Gifford’s question about resolving the discrepancy between the low meter and the high meter. He said he would like Tighe and Bond’s help in resolving this discrepancy.
Cara Sanford, 350 Bull Run Hill, heard back from the head of the Water Management Act. She said P.J. Keating would be hearing from that agency, as while they are registered with the DEP, their 2023 and 2024 annual reports are outstanding and overdue.
Ann Ogilvie, 4 Turner Lane, wants to know how the report was wrong without P.J. Keating realizing it was wrong when it was submitted to Tighe and Bond. Robinson said the morning of the hearing he learned that a number got transposed in the spreadsheet. Wright came to the podium to explain that P.J. Keating’s spreadsheet was incorrect. He said the numbers are correct but incorrectly put in the spreadsheet.
She also asked about coordinated inspections, whether inspections need to be announced. Trovato said they do need to schedule their inspections. Trovato said they are required to do quarterly inspections except in the winter quarter.
Ogilvie said Tighe and Bond have made errors, and she wanted to know what they look at during an inspection.
Trovato went through a list of the areas and items they look at.
Martha Moore, 131 Center Bridge Rd, asked where the reports are as Trovato said the hydrology study is never completed. Trovato said the reports received every year as in the one being discussed are ongoing reporting. Wright came back to the podium to say the reports show everything from all the years.
Moore asked if the monitors are now accurate. Wright said one well had a stoppage but all of the wells are functional with the exception of 4 wells that are awaiting new probes.
Moore asked what the groundwater level was, Wright said it varies.
The hearing was closed unanimously.
Member Allison suggested Gifford for a liaison to P.J. Keating. Member Gifford made a suggestion to do an extension for 6 months. Chair Kerrigan suggested 9 months extension.
A motion was made for the nine-month extension and passed unanimously.
The verbiage for the liaison will be drafted by Nutting for the next meeting.
Continuance of Public Hearing of Special Permit to Remove Earth Products (Sand and Gravel) for Fort Pond, LLC
Notice is hereby given that a Continuance of Public Hearing will be held on Monday, March 3, to consider the application of Fort Pond, LLC, c/o W.J. Graves Construction Inc., 192 Depot Road, East Templeton, MA for renewal of a Special Permit to Remove Earth Products (overburden, rock, gravel, loam) from a parcel of land located 450 Fort Pond Road, Lancaster, MA., Map 5; Parcel No. 26B, Location approximately 800 feet East from the intersection with Fort Pond Inn Road.
Mikhail Lassila from Tauper Land Survey, representing the applicant, came to the podium to say Tighe and Bond and Member Gifford did a site visit. The applicant asked if excessive loam, not needed for reclamation, can be removed. Chair Kerrigan said there needs to be a New Order of Conditions to permit this.
Trovato said the site visit went well and he saw that several sections have been reclaimed. The operation now is a stockpile of material. There is minimal new excavation.
Member Gifford came to the podium to use the map to show what he learned during the site visit.
The hearing was closed.
A motion was made to permit the operations for 2 more years with the new condition of being able to remove excess loam. This was approved unanimously.
Request from David Murphy and Jay Dudley to amend deed to allow for purchase of Abutter Property - Vincent Avenue
David Murphy came to the podium to answer questions. No one had any concerns. Select Board members were in favor.
Licenses and Permits Rental Application – Use of Town Green Name of Organization: Lancaster 4-H Program Director: July Zmijak Date: Sunday, April 13, 2025 Time: 7:30am-9:30am Program: Egg Hunt
This was approved unanimously.
Joint Meeting with the Finance Committee
Review of the Fiscal Year 2026 Draft Budget
Nutting went through the budget with these highlights.
Preliminary budget for fiscal year 2026.
The goal is to present a balanced budget. The budget is still $22K over.
The key changes are:
Reduction in assistant Town Administrator and HR Director positions.
Member Allison did not understand the spreadsheet and he asked for a budget book. Chair Kerrigan explained that this is a supplement to the budget book.
There was a long discussion on what has been adjusted.
Member Allison challenged if the level of services had not been affected, then why was the town warrant not being mailed via USPS?
More differences were highlighted by Member Allison.
Kirk Downing, Superintendent of Schools came to the podium to explain the budget $3.5M increase due to health insurance and special education costs.
Joel Mule came to the podium to talk about the library and the expenses.
Commissioner Everett Moody came up to the podium to answer any questions about the public safety budget. He noted the ambulance fees, especially to the prison, have been increased.
The increase in the fire chief budget is for a recommended full-time chief.
Finance Member Roy Rezac said that Lancaster needs a full-time Fire Chief and a Police Chief, but Lancaster does not need an administrator to be over-arching both. Commissioner Moody will be presenting on this later.
The Information Technology department was then discussed, and Member Allison had more questions.
He brought up that the Conservation Agent going to a part-time position will be hard to hire. Chair Kerrigan said that the position is hard to fill and retain regardless.
Member Allison went on to compare several items from the budget book and the spreadsheet being reviewed, especially under the Department of Public Works. There was a long discussion on the comparisons.
Member Gifford complimented the format and the work that the Finance Committee has done. Chair Kerrigan agreed.
Member Allison asked Finance Member Rezac about his opinion of the formats and whether the town was going backward in this shorter format. He said no and enumerated the ways the presentation is easier to understand. Member Allison asked if Finance Member Rezac would advocate for this new format at Town Meeting. Member Rezac said the format shows a fair and accurate picture. Member Allison went on to requestion Member Rezac for some time.
The Board and Committee agreed to review and finalize budget details at the March 17th meeting.
Police Chief Everett Moody to update the Select Board on Civil Service for the Police Department.
This was tabled until March 17. Chief Moody has a presentation looking at all the options for positions in the Fire Department and Police departments.
Lancaster Affordable Trust 3/6
This meeting had no new updates to share and was short.
Minutes
Review & take action on Meeting Minutes of February 6, 2025
Minutes of February 6 were approved.
Update on Annual Town Meeting Articles Relevant to Affordable Housing
Creation of Affordable Housing Trust Account
This is being created.
Transfer of Community Preservation Act Funds
The Affordable Housing Trust will be attending a Community Preservation Committee in March to discuss this.
Amendments to Accessory Dwelling Unit bylaw
Planning Board is overseeing this. The public hearing will be March 24.
Amendments to Integrated Planning Overlay District (IPOD) bylaw
Planning Board is overseeing this. The public hearing will be March 24.
Updates to SHI Pipeline (in order of number of units)
DCAMM Campus, 220 Old Common Road
Atlantic Union College Campus, 338 Main Street
Seventh Day Adventist has accepted a bidder from a developer.
40R Smart Growth District, approximately 1410 – 1474 Lunenburg Road, Route 70
No update.
Neck Farm Estates, 13 Neck Road, Chapter 40B, Comprehensive Permit
No update.
Harbor Classic Homes, 2038 Lunenburg Road, IPOD Special Permit
Local Action Units
Have not yet seen the application from Habitat for Humanity for the affordable units.
Hawthorn Hill, 0 Hilltop Road LLC
Inclusionary Zoning; Local Action Units or Payment in Lieu
The Affordable Housing Trust has communicated its preference for payment in lieu option for this project due to average projected house size and maintenance.
No update.
Property rehab, Cleveland Street LLC, 197 South Main Street
Inclusionary Zoning, Local Action Unit (under construction)
No interior building permit.
Planning Board 3/10
This meeting announced the resignation of Kendra Dickinson and Michael Favreau. Dickinson had resigned from 3 volunteer positions.
The Sterling Rd project continues to have the most discussion around parking during Saturday services.
Minutes
Approve minutes of February 24, 2025: A draft of these minutes can be viewed here: https://www.ci.lancaster.ma.us/node/36/minutes
The minutes from February 24 were approved.
Public Hearing
357 Sterling Road
This is a continuance of a Public Hearing that was opened on January 8, 2024. The Applicant will present a Parking Plan that was requested by the Board at its meeting on February 10, 2025. 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/planningboard/pages/357-sterling-road
Brendan Pyburn, Bobrek Engineering & Construction, answered the questions about the stone wall. He said they will repair the wall after all construction is done. Chair Streeter said the application to Historical Commission under the Scenic Bylaws Bylaw is critical to approval and the Board issuing an order of conditions.
Mark Schryver, architect, said it still remained to be determined whether the stone wall is on private property or town's right of way, and they plan to address the stone wall condition with a building permit. Schryver is an active member of the Historic Commission, but he represented the Seventh Day Adventist (SDA) at this meeting.
Pyburn talked about parking. During a survey there were 105 cars one weekend and 103 on another. They added 25% to this average to achieve the parking needed. He showed a plan diagram.
Current Parking has:
73 paved spaces
18 gravel spaces
Proposed Parking Plan has:
Total of 129 spaces including:
36 spaces in gravel area
3 spaces near the house
2 parallel spaces along the driveway
15 parallel spaces along Sterling Road
Overflow Parking includes:
25 spaces at 34 Sawyer Street with shuttle service.
The Board had concerns about safety and legality of on-street parking and there is a need for a snow removal plan. A picture was shared on the presentation screen taken by former Board Member Dickinson showing a car parked on the sidewalk to stay out of the travel lane on Sterling Rd. Member Regina Brown said this was illegal. Member Brown repeated that parking on a sidewalk is illegal several times during the discussions that followed. Pyburn agreed with her consistently.
There was a very long discussion on the parking situation.
Dickinson, 402 Oetman Rd, commented that the day she photographed the cars, she almost got hit twice, taking a left in this area. She recounted all the times she has gone by and she is now documenting Saturdays in this area.
It was agreed that the following needed to be done by the applicant:
Address parking plan revisions.
Submit stone wall application.
Update snow removal plan.
The hearing was continued until March 24.
Planning Department Update
Brian Keating, Planning Director gave the following updates on his activities:
Open Space and Recreation Plan
Will give a presentation at the next Select Board meeting on March 17 with a following public survey and have public forum for community input.
One Stop for Growth Applications
Inflow and Infiltration Repair Project
Zoning Rewrite for Economic Development
Feasibility Study on Old Town Hall
Design Guidelines for Downtown Area
Board Member Vacancies
Upcoming Election is on May 5.
One seat to be filled in May election.
Appointment needed for one position.
Interested individuals should contact Brian Keating.
Finance Committee 3/11
This meeting was led mostly by Jeff Nutting, Interim Town Administrator, outlining the work he and the Finance Director have accomplished in trimming the budget to eliminate a deficit.
Continued discussion of FY26 Budget
Jeff Nutting, Interim Town Administrator, started the meeting saying he and Cheryl Gariepy had balanced the budget, eliminating the 22K deficit by making small cuts in various so that there would be no need to use any free cash to balance the budget and these cuts won't have any effect on operations.
Also he stated that the information on the school debt showed that there was $158K freed up on the school budget.
Discussion of FY26 Capital Budget
Nutting gave an overview of the capital budget. There is $2.437M in free cash along with sale of properties, the $158K from the school budget, and old articles of $185K totaling $2.854M.
The proposal stated in the spreadsheet is save free cash for FY26 of $500K, a placeholder of $170K for deficits from FY25 (this is growing smaller as revenues trickle in), $500K for the School Debt Stabilization Fund, which leaves $1.685M available for capital.
Chair Dick Trussell recommended raising the School Debt Stabilization Fund to $1M. Member Roy Rezac recommended the townspeople make the decision on this at Town Meeting.
Nutting said you can select the amount during the warrant article at Town Meeting or put an actual amount on the warrant article. The Committee can decide the amount at a later meeting.
The discussion then continued with the specific articles. The capital purchases totaled $1.526K.
The library expenses were discussed with the town contributing $250K of free and the Community Preservation Fund contributing $500K if their warrant article is passed at the Town Meeting. Joel Mule, the Library Director, gave the details on this.
Ross Mulkerin, Director of Finance and Operations, Nashoba School District, went through the details of the $293K for the schools, aided by Robert Frieswick, Director of Facilities. These expenses are for schools other than the high school. Discussion showed that the analysis for future expenses in 5 to 8 years will be about $12M.
Discussion of FY26 Water/Solar Enterprise
Water Enterprise Account showed expenses for the emergency generator ($600K) and a long term replacement of water lines ($12M). The twenty-year bond for the water lines will double the water fees over time. There was a long discussion about the water lines and water quality. A 30% increase in water fees is already approved by the Water Enterprise Committee.
Member Rezac would like the impact of the budget on each household calculated and what recommendation the Committee will make regarding the positions of Fire Chief and Police Chief.
Minutes
The minutes are done for February and just need to be distributed for approval.
Select Board 3/17
This meeting focused primarily on the FY26 Operations budget. It also highlighted that 6 vacancies on town boards and committees have been created by 4 individuals giving notice approximately two weeks before nomination papers are due for town elections.
Minutes
The minutes of March 3 were approved.
Public Comment
Opportunity for the public to address their concerns, make comments, offer suggestions, or ask questions.
Linnea Lakin Servey, 1394 Main St, asked for transparency on the budget regarding hours of the employees, whether full-time or part-time. She would like better budget numbers before the town meeting.
Tom Seidenberg, 748 George Hill Rd, and Chair of the Conservation Commission, is dismayed at the cutting of the hours of the Conservation Agent. He would like to the town to find a way to make a full-time position for this, maybe combining the duties of the part-time administrator for the Community Preservation Committee.
Lakin Servey came back to podium to say there is no need for an administrator for the Community Preservation Committee. These duties can be done by a knowledgeable volunteer on the committee.
Administration, Budget and Policy (Votes may be taken)
Deferred Payment Loan Request - 145 Ponakin Avenue
The decision from the discussion at the last meeting was that the $14K was not forgiven. The petition was denied.
Revised Budget Discussion
The budget from the Finance Committee was discussed and a new meeting proposed to finalize the
Draft Capital Plan on April 1.
Nutting reviewed all the items reviewed at the Finance Committee meeting.
The position of the Conservation Agent has 7 applicants for ~30 Hours per week.
Member Jason Allison questioned the posting of the job. Nutting said there was a vacancy. Member Allison protested posting this job. Chair Steve Kerrigan said he was aware of the posting and agreed with it. Member Allison then asked about the Executive Assistant position, which has been open longer. Nutting explained the job has been posted, though Kathi Rocco has been filling in. Chair Kerrigan asked if there was money in the budget for a full-time Conservation Agent, Nutting said no.
Nutting went through the capital budget.
Available Funds:
$2.8 million in free cash
$1.7 million available for capital
Key Projects:
Assessors' revaluation: $25,000
Police cruiser: Annual replacement
School repairs: $283,000
DPW furnace and roof: $30,000 and $300,000 respectively
Library repairs: $750,000 (with $500,000 from CPA)
Water enterprise projects: $13 million for water mains (this is over time with a 20-year bond)
Recreation Director Samantha Zediker spoke to the repairs to the gym at the Community Center ($85K) included in the capital plan which brings in rental income and the rates for rental have been increased. Commissioner Everett Moody came to the podium about to explain about the cruiser replacement and the radio replacement program and the SCBA equipment (breathing equipment for firefighting.)
Scott MacDonald, Superintendent of the Department of Public Works was asked via Zoom to talk about the water mains, but Nutting explained about the doubling of the expense from an incorrect estimate. This expense will increase the water rates.
Warrant Articles & Ballot Questions to date
Draft Articles:
FY25 and FY26 budgets
Capital stabilization transfers
Water enterprise and capital
Library bond and CPA funds
Planning board bylaw articles: IPOD, solar, accessory dwelling, wetlands
Civil service withdrawal (? Tentative)
Ballot Questions
Increase select board from 3 to 5 members
Public safety commissioner; this will not be needed if the fire chief position is reinstated.
Town wide Clean Up Presentation
Recreation Director Samantha Zediker said they are collaborating with the Lancaster Land Trust for the Town Wide Clean Up. The day will be April 26 but the bags, etc. will be available April 1. McHugh is donating the dumpster. The bags will be collected townwide by May 5 but the dumpster will be available at the DPW lot for drop-offs on April 26. On April 26 tires will also be collected and disposed of by the Mosquito Project. Tires must be without rims.
Open Space and Recreation Plan Presentation
Zediker and Brian Keating, Planning Director, spoke to the survey that has been developed to gather ideas for the 7-year plan, and a working group has been put together to formulate the plan with a public forum in June.
A motion was made to approve the sending of the survey and approved.
Resignations
Council on Aging – Kendra Dickinson
Historical Commission - Kendra Dickinson
Planning Board - Kendra Dickinson – vacancy on Annual Town Election Ballot
Finance Committee – Stanley Starr - vacancy on Annual Town Election Ballot
Board of Health – Melinda Apgar - vacancy on Annual Town Election Ballot
Planning Board – Michael Favreau – Joint Appointment of the Select Board and Planning Board until Annual Town Election of May 2026.
Appointments
Commission on Disability
Kathleen Suits, term to expire 6/30/2026 (vacant seat)
This was approved unanimously.
Select Board Member Ralph Gifford as Liaison to Earth Products Permits
This was approved unanimously.
Licenses and Permits
Application for Use of Town Green/Gazebo Date of Activity
Saturday, April 26, 2025;
Time: 8:30am – 11:30 am
Activity: Townwide clean up
Community Day Applicant: Recreation Department Contact: Samantha Zediker
This was approved.
COMMUNICATIONS
Correspondence from the FIRE-EMT Department
A letter was received supporting the hiring of a fire chief.
Community Preservation Committee 3/20
During this meeting the Chair of the Afford Housing Trust put forth the proposal to claim 10% of the yearly CPA funds for the Trust for readiness in urgent situations. There was also focus on the administration duties that right now are without owner.
Minutes
The minutes from February 20 were approved.
Public Comment
There were no public comments.
CPA Administrative Duties
Chair Marilyn Largey recounted how the former assistant has left, and the position is being eliminated. She said there are duties that someone in the committee cannot complete. She had concerns about which tasks the committee can handle and which require town hall administration. She mentioned hiring someone internally for 40-50 hours a year. She suggested finding a volunteer. She also noted that the Town Administrator is an interim employee, and the Committee may have more luck with a new Town Administrator. Michelle Vasquez said she could help with the bonding of the grants. Chair Largey said she is concerned about the accounting and paperwork.
The committee discussed next steps to be explored in the next meeting including internal availability for administrative support and ask for best practices from other towns.
Linnea Lakin Servey joined the discussion to say the policies and procedures were adopted from the town of Concord and they could be changed or amended. She said the Town can help with the bonding.
Tom Seidenberg will do the minutes for this meeting.
Victoria Petracca – Affordable Housing Trust and CPA Housing budget
Victoria Petracca, Chair of the Affordable Housing Trust, presented an overview of to the concept of transferring CPA funds to the Affordable Housing Trust for use in time sensitive activities such as rent allowance, or eviction, and property acquisition.
She outlined a process outlined as submitting a grant request for the 10% allocation and create a grant agreement detailing fund usage. After transfer of funds, then report back to the committee on fund usage.
She went on to say the AHT is looking to have guidelines for income eligibility for eviction prevention and she stated a need for a Director of Health and Human Services for confidentiality and guidance.
She would like the next steps to be further discussions with the town administrator and to develop a draft agreement for committee review.
Lancaster Planning Board 3/24
This meeting was delayed by an executive session and then focused heavily on the Sterling Rd project.
Minutes:
A draft of these minutes can be viewed here: https://www.ci.lancaster.ma.us/planning-board/minutes/3-10-2025-pb-meetingminutes-draft.
The minutes of March 10 were approved.
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.
Public Hearings
357 Sterling Road
This is a continuance of a Public Hearing that was opened on January 8, 2024. The Applicant will present modifications to the Parking Plan that was requested by the Board at its meeting on February 10, 2025. 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 March 10, 2025 to hear and act upon 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. Project Documents can be viewed here: https://www.ci.lancaster.ma.us/planningboard/pages/357-sterling-road.
Chair Frank Streeter questioned Brendan Pyburn, Engineer from Bobrek Engineering & Construction on the Historic Roads Application and the parking plan. Pyburn said the application is in the works and there are some more narratives and documents to be supplied. He said the stonewall may have been damaged much earlier in its history. Pyburn would like the completion of the stonewall to be a condition in the Order of Conditions. The new parking plan has been received, and some of the spaces overlap the new property. Member Regina Brown asked for a recorded access easement in case this property was ever sold. Pyburn asked for this to be a condition also. Kendra Dickinson, a former Board member, interjected with a violent curse. Chair Streeter asked for her to be muted and warned her.
Chair Streeter asked that this be explicitly stated so any new buyer of the property has a clear idea of the situation. He wants something reviewable by Town Counsel. Member Brown offered to rent spaces at her house.
Member George Franz recounted a letter about parking problems. Brian Keating, Planning Director, said both letters’ issues have been legally resolved. Member Brown again brought up the parking on the sidewalk. Discussion followed about on-street parking. Member Brown again mentioned parking on the sidewalk.
Chair Streeter asked for public comments.
Kendra Dickinson, 402 Oetman Rd, apologized for the swearing and said she was talking to her dog, and she asked that the opinion of the Public Safety Commissioner be displayed on the town website. She cited more parking problems that may impede safety vehicles.
Matt Anderson, 499 Sterling Rd, asked about a letter he sent on March 16. He said the parking on the front yard of the adjacent owned property is over the 25% space allowed in a residential district. He asked for more investigation into this. Chair Streeter said there is latitude on this, and this is tightly tied to being a church. Keating said the town could be shown unreasonable if this is restricted.
Dickinson came back on to further clarify where she is saying parking is occurring. Pyburn said parking should not occur in this area. Dickinson said if this parking plan is approved, who would be in charge of enforcement? She also recounted that this petition was trying to “get in under the Dover Amendment.” Chair Streeter and Keating said this petition is covered, regardless whether being a gym or a school, by this amendment. The Dover Amendment is the common name for Massachusetts General Law Chapter 40A, Section 3. This law exempts agricultural, religious, and educational uses from certain zoning restrictions. By limiting what zoning requirements apply to land and structures that hold these uses, the Dover Amendment makes it easier for these uses to build structures to serve their needs.
The hearing was closed and a motion was made to approve site plan and storm water management plan with conditions and this passed unanimously.
Proposed Zoning Bylaw Amendment: Accessory Dwelling Units
On Aug. 6, 2024, Governor Healey signed the Affordable Homes Act into law (Chapter 150 of the Acts of 2024). Section 8 of the Affordable Homes Act amends the Zoning Act to allow ADUs to be built by right in single-family zoning districts. This proposed Bylaw amends the Town’s Accessory Apartments Bylaw §220-9G. See the text of the proposed amendment here: https://ecode360.com/11813706#11813706.
A discussion developed around having a trailer if it is affixed to a foundation with utilities will qualify as an ADU. Member Brown went on to extend the example to little online available houses.
The town is keeping a max of 1500 sq ft, instead of the state’s 900 sq ft for internal ADUs. A long discussion ensued about detached ADU with the consensus of a limit of two ADUs with a limit of 900 sq ft each without a special permit. All setbacks need to be respected. Member Brown brought up the water resources. Chair Streeter wants to model closely on the state statute.
The Board endorsed the draft and approved unanimously.
Proposed Zoning Bylaw Amendment: Flood Plain Regulations
Massachusetts Flood Hazard Management Program (FHMP) program staff work with FEMA and officials from National Flood Insurance Program (NFIP) participating communities to implement the NFIP in Massachusetts. The FHMP is a technical assistance program and has no regulatory authority. FEMA periodically modifies its maps and policies and local governments should adjust their floodplain regulations to remain compliant. The current regulations can be viewed here: https://ecode360.com/11813849#11813849. A copy of the complete text of the proposed revision is on file and available for review at the Community Development and Planning Office, and on the Town’s official website at www.ci.lancaster.ma.us/planningboard.
The hearing was opened and continued.
Proposed Zoning Bylaw Amendment: Integrated Plan Overlay District (IPOD)
This Bylaw was adopted by the Town in 2009 to provide design flexibility for mixed use and increase densities while preserving open space. The Planning Board is proposing an amendment to update the IPOD Bylaw to adapt to recent development trends. The current bylaw can be viewed here: https://ecode360.com/11813706#14291823. A copy of the complete text of the proposed revision is on file and available for review at the Community Development and Planning Office, Prescott Building and on the Town’s official website at www.ci.lancaster.ma.us/planningboard.
The hearing was opened and continued.
Proposed Zoning Bylaw Amendment: Ground-Mounted Solar Photovoltaic Installations
The Planning Board is proposing an Amendment to the Ground Mounted Solar Photovoltaic Installations Bylaw to accommodate homeowners who do not live in the Solar Overlay District who want to consider a ground mounted array special permit but who would not be able to meet the zoning dimensions for the Residential District. The Current Bylaw can be viewed here: https://ecode360.com/31334671#31334671. The proposed amendment can be viewed here: https://www.ci.lancaster.ma.us/sites/g/files/vyhlif16016/f/pages/proposed_amendment_gr ound-mounted_solar_photovoltaic_installations.pdf.
Roy Rezac, 127 Harvard Rd, brought up state statute pertaining to residential systems. Roof and small and medium sized ground mounted cannot be prohibited, the special permit process is not a viable choice in regulating these systems. These are allowed by right. Site plans can be required. Member Brown brought her DIY scenario. Chair Streeter said this is not applicable since these don’t connect to the grid. She then said the ADU could be powered by these systems.
Chair Streeter agreed that then the Board needs some time to go back through the bylaws.
Rezac went on to explain that the current setbacks are tough to get by with a two-acre lot. The setbacks may need to be reduced. Rezac recommended setbacks to 50 ft and the buffer around the systems be 25 ft. Rezac also brought up the paperwork burden for ground mounted is much higher. Chair Streeter agreed this was the intent of the proposed changes to reduce this paperwork. The Board thanked Rezac for his research.
The Board agreed to continue this hearing.
Conservation Commission 3/25
The project at 10 Fire Rd 54 continues with statements from the applicant’s representatives and the abutters’ representatives. Most of the discussion was repetitive of points put forth in earlier meetings. The Commissioners have hard choices in protecting the vernal pool on the property.
Public Hearings
Continued Notice of Intent – 10 Fire Road 54
Continued until March 25, 2025.
Bill Hannigan, Hannigan Engineering, showed the additions to the plan: the post rail fence for permanent demarcation for usable area and created some an area for plantings for understory habitat for the former cart path equaling 1100 sq ft of restoration along the shoreline. He also talked about planting blueberry bushes or other native plantings in the shaded areas on the plans.
Attorney Jeff Roelofs, representing abutter John Bowen, has sent a letter to the Commission and Chair Tom Seidenberg wanted to revisit to one issue on the limit of disturbance as shown on the plan. He wanted a vote on whether this area is developed or disturbed. Commissioner Jim Lavallee voted yes, Commissioner Dennis Hubbard voted yes, and Chair Seidenberg voted no. Chair Seidenberg went on to explain his no vote: there is nothing constructed in these areas, and the undergrowth being cleared from this area does not qualify for exemption as developed. He said he will vote no on an order of conditions if this is exempted. Commissioner Lavallee said he may have changed his mind. Commissioner Hubbard said a large area falls under the idea of developed. He said the area has been graded and landscaped. He said if a lawn is a structure, then to him, the vast majority of it has been developed and graded. Commissioner Lavallee suggested the bylaw is trying to make a distinction between lawns and other developed areas.
Hannigan showed some pictures showing gravel and grading. He said they have gone a long way down the project based on input from the Commission. Chair Seidenberg said he certainly has changed his opinion from his previous input. He said the evidence from an abutter has changed his mind.
Commissioner Lavallee added he is very uneasy about the paved roadway. Commissioner Hubbard said moving it and paving has been cited as best for the vernal pool. Chair Seidenberg agreed. He went on to say he does not agree on areas as developed. Commissioner Hubbard would like to see patio and some of the other betterments taken out of the design to shrink the design.
Atty Roelofs presented some slides: the first slide pointed out that “disturbed”” is not “developed” and the bylaw states it should be interpreted stricter than the Wetlands Protection Act. Slide 2 stated the burden of proof is on the applicant. Slide 3 stated that the applicant should not get credit for work done immediately before completing the Notice of Intent. Slide 4 stated the applicant has not demonstrated that this project will not adversely affect the critical environment. Slide 5 stated the applicant has not justified its proposal to replace the existing cottage with a house that is 4 times as big. Slide 6 pointed out the decision on this project will establish a dangerous precedent.
Bill Putnam, 10 Fire Rd 53, joined to state that in the early 1980s there were vehicles backing down this area to put their boats in the water. He said the area was actively used and the undergrowth was not there.
Jesse St Laurent, 2029 Lunenburg Rd, said the proposal is quite contrary to the principles of conservation. There are three protected areas in this construction and if approved this will allow other construction in protected areas. He also asked if this would open the town to legal actions if this is approved.
Patrick Garner, environmental scientist, representing the abutter Bowen, urged a study of the area of the vernal pool to understand whether the project will affect the protected species, especially during transit times, like early spring. He said the lack of information is detrimental to making a good decision. The Oxbow report cites some erroneous assumptions about what the ORAD was meant to portray. Therefore, the report is concluding on false assumptions. He also said the paved road may impede the species and the direction of their travel is not known. He went on to cite other unknowns. The study of the vernal should have been done for this time of year to know these items.
Hannigan said Garner’s credibility is questionable and refuted some of his statements. Hannigan wanted to remind the Commission of other discussions with Oxbow Associates and Brad Stone, former Conservation Agent.
Charles Caron, consultant to the applicant, said he picked the plants for their habitat value, and he disagreed with Garner’s comment. Garner said there has been no study of the groundwater height in these areas and so some of the plants will not flourish if the groundwater is too low.
Attorney Richard Nyland, representing the applicant, said the Commission has reversed itself on the project after the project was developed to the Commission’s input. He went on to cite the exemptions for which the applicant has asked. He said the ORAD stands, and the applicant has made concessions due to site visits. He said the driveway is exempted as existing structure. He said the applicant has met the burden as stated in the bylaw.
Chair Seidenberg said the plan includes building a structure inside the 25-ft no-touch zone for an isolated vegetated wetland. So, the applicant, regardless of the bylaw, is asking for this which is prohibited.
Hank Amabile, 9 Mountain Laurel Lane, had a hard time with an encroachment into a 25-ft no-touch zone. The no-touch zone should be respected, and no precedent should be set to allow this.
Garner noted that the ORAD plan is not used to define disturbed areas. It is to define the resource area.
Hannigan stated the ORAD specifically defined the resource area and one of those areas was the vernal pool. A commissioner asked for the vernal pool to be shown on the plan.
Atty Roelofs said putting a limit of disturbance on an ORAD plan, does not mean the area is developed. He said John Bowen asked, during the last meeting approving the ORAD area, if this was meant to define development and was told no. He does not accept Hannigan’s statement.
Caron said the ORAD area is the definition of a resource area.
St Laurent said it is never too late to do the right thing.
Hannigan asked for guidance on this plan. Chair Seidenberg said the area inside the 25-ft zone is not viewed by him as developed. He would not allow the structures inside this area.
Hannigan requested the hearing be continued until the next meeting, April 8. A motion was made and approved.
Continued Notice of Intent – 121 Fire Road 11
A request for continuance was received so the abutters can be notified. There was a motion to continue and approved.
Continued Request for Determination of Applicability – Removal of dead trees within the Seven Bridge Road right-of-way
Applicant requested continuance until May 13.
Continued Notice of Intent – Lot 3 Neck Road
A portion of Assessor’s Map 30, Parcel 128, construction of a single-family home
Continued until March 25, 2025.
A request was made for continuance. There was a motion to continue and approved.
Discussion
General discussion regarding updating the Wetlands Protection Bylaw
Chair Seidenberg showed the document on screen that Commissioner Lavallee had been working on. His comments were visible on the document. There followed a discussion on the comments. This was a long discussion where the Commission discussed edits to the document. Chair Seidenberg forwarded the document to all the commissioners.
General discussion regarding the oversight of open space parcels
Commissioner Lavallee has sent the proposed spreadsheet of parcels out to the commission. He suggested that the Commission will have discuss each of the individual parcels. He asked the commissioners to review the spreadsheet. The Commission will discuss the Cook Conservation area at the next meeting.
Open Space and Recreation Plan
With the loss of the Conservation Agent, the Commission lost sight into the plan. Brian Keating, the Planning Director, gave an update. He said the meetings have been preliminary. There is a survey written, and certain people have been asked to join the group, such as Cara Sanford, as she has been heavily involved in protecting open spaces. He said it is important to have a Conservation Commission member involved. There is a public forum being planned for June. The meetings will be held every other week.
The Commission will review the draft plan.
Culvert Assessment Project
There is a site visit to survey the culverts in town by the National River Watershed Association on April 4 at 9AM. Keating needs to find out more information to see what participation is needed from Scott MacDonald, Superintendent of the Department of Public Works.
Minutes
The minutes from 2/11/2025, 2/25/2025, and 3/11/2025 were not yet ready.
Interviews for Conservation Agent
Keating will set up an interview time for Chair Seidenberg and Commissioner Lavallee for one potential applicant.
Zoning Board of Appeals 3/27
This was a short meeting dealing with a change to a previously approved variance.
Minutes
The minutes of 2/27 were tabled as they need corrections.
Public Hearing
Variance: 436 South Meadow Road
The Applicants are proposing to construct an accessory structure in a front yard and within the required front & side setbacks of a single -family residence in the Residential District. Application materials can be viewed here: https://www.ci.lancaster.ma.us/sites/g/files/vyhlif16016/f/pages/436_so_meadow_hearing_request.pdf.
A petition by Richard & Janet Lane (owners), of 436 So. Meadow Rd. Lancaster, Ma. 01523 A request for Variance relief, Pursuant to The Town of Lancaster’s Zoning Bylaws 220-11A (Front Setback) and 220-11B (Side Setback), and 220-11C (Permitted Uses) to build a wooden carport measuring 20’ wide by 14’ deep in the front yard of their property and within the required front and side setbacks. The proposed site is located at 436 So. Meadow Rd., Lancaster MA 01523, in a zoning district identified on the Lancaster Zoning Map as Residential and is identified in the Office of the Assessor as Parcel # 44-63.
The carport dimensions are 20 ft wide by 14 ft deep. The petition was essentially the same as the one granted on July 22, 2021 but because of the time lapse, the Lanes were returning for a renewed approval with differences in the setbacks.
Front was 26.6 ft is now 26.7 ft. Side was 8.4 ft is 9.8 ft. so the change was a slight redesign, moved back an inch from the front, and 1.4 ft from the side. During the discussion it was noted the carport will not have sides, and there is no opposition from the neighbors. The Board closed the hearing and approved the variance with conditions.
Call with Scott MacDonald, Superintendent of the Department of Public Works
The 40B project known as Jones Crossing is nearing completion and the developer while going through the Order of Conditions, noted that the yield sign at the junction of Chace Hill and South Meadow is to be changed to a stop sign. The developer asked MacDonald how to accomplish this. MacDonald asked the Commissioner of Public Safety, Everett Moody, who did not think this is a good idea, the intersection would not be safer.
The Board decided to investigate and put this on the agenda for the next meeting on whether to change the Order of Conditions.
Board of Health 3/28
The Nashoba Board of Health Director and a specialist came to the meeting to discuss the increase in fees and their struggle with the loss of Littleton as a client, and that there is liability from unbilled pension payments by the state. The presentation highlighted the work they do and the benefits of being their client.
Nashoba Associated Boards of Health Agency Presentation by Jim Garreffi, Director of Public Health, and Jenna Montgomery, Education and Communication Specialist
Garreffi gave an overview of the budget challenges:
Loss of the town of Littleton affecting revenue
Staff reduction and fee increases to maintain core staff
Funding Sources for the Agency
Assessments from member towns: 45%
Service fees: 55%
Public Health Excellence Grant
Additional $3 per capita which now totals $15 per capita.
Pension Liability Issue
Background
Unbilled employer portion of pension liability discovered in 2013
Legislative efforts for resolution ongoing
Current Actions
Legislation filed with support from local representatives
Meetings with boards and town administrators for support
Montgomery gave an update on the following:
Communications
Distribution List
Expansion to include all Board of Health members
Meeting Attendance
Hybrid model for executive committee meetings
Feedback
Open to suggestions for improving communications
Garreffi continued with highlights:
Public Health Excellence Grant
Purpose
Improve capacity for local public health services
Staffing and Training
New hires under the grant
Standardizing operating procedures
Foundational Public Health Services Model
Adoption in progress
Benchmarking against the model for future planning
Inspectional Service Improvements
Tools and Data Tracking
New software for inspectional processes
Training
MassFIT courses for staff
Communicable Disease and Language Access
Staffing
Public health nurse hired for communicable disease reporting
Language Access
Bilingual materials for emergency shelters
Contact Tracing and Case Investigating Grant
Funding Use
Support for public health nursing activities
Improvement of public health nursing database
Permits
2824 Main Street
Upgrade
System is being upgraded to a Presley. Bill Brookings, Nashoba Board of Health, will draft a permit and sign it.
385 White Pond Rd
Distribution box
Brookings is moving this forward.
Lots 18 & 20 Laurel Hill Road
Transfer permits
Brookings is moving this forward.
75 Beach Ave
Brookings is moving this forward.
Title V Inspection Report:
385 White Pond Road
Passed.
54 South Meadow Rd.
Passed.
62 Sterling St.
Passed.
609 Langen Rd.
Passed.
503 Hill Top Rd.
Passed.
Discussion:
70 McGovern Blvd (FC Stars – soccer fields)
Bill Brookings spoke with owner, once weather allows, will be replacing the reground asphalt on top of the road or covering it with an appropriate material. The owner is willing to try methods to keep the dust down.
Brookings is doing a site visit.
340 Bull Hill Road
Water line break (DPW complaint, water & black “mold”) inspection required by BOH. Recommended replace or add treatment or covering
A site visit needs to be done. April 2 tentatively is scheduled.
2237 North Main Street
Trash complaint
Brookings has done a site visit, there were trash bags and a mattress, and will send a certified letter for clean-up.
Vasco V4 Translator acquisition
The two were obtained and are at the town hall. They translate 180 languages.
Minutes
The minutes of February 27 were approved.
Select Board 4/1
This was a special meeting on the budget and the Town Meeting Warrant Articles.
Public Comment
Opportunity for the public to address their concerns, make comments, offer suggestions, or ask questions.
Roy Rezac, 125 Harvard Rd, came forward to say the position of Public Safety Commissioner was costly and redundant.
ADMINISTRATION, BUDGET AND POLICY (Votes may be taken)
Discussion on Ballot Questions for Annual Town Election
Jeff Nutting, Interim Town Administrator, said except for a pro statement for the expansion of the Select Board, no other pros or cons has been written up for the ballot questions. Chair Kerrigan said he was not in favor of either.
Member Jason Allison was confused about why the Commissioner of Public Safety was on the ballot.
Vote to put Ballot Questions on the Annual Town Election
A motion was made have the Select Board Expansion be the first question and the Commissioner of Public Safety be the second question. This was approved.
Early Voting Hours
The proposed hours are:
Wednesday, May 7th: 8:30 a.m. to 4:30 p.m.
Thursday, May 8th: 8:30 a.m. to 4:30 p.m.
Friday, May 9th: 8:30 a.m. to 12 noon
A motion was made for these and approved.
Discussion of FY26 Budget
The key changes are:
Elimination of Assistant Town Administrator and the Assistant’s Assistant positions.
Reduction of Conservation Agent hours.
Restoration of Fire Chief position.
Reduction of a couple of clerical positions to 35.5 hours.
The budget impact is town salary and operating budget down by $50,000 but on the additional side there is an increase in property and health insurance costs, as well as school budget has an increase of $1.2 million.
Member Jason Allison had questions about the services that are performed by the eliminated positions, listing seven things that may be impacted. He went on to ask about the increase in fire department wages of 43%. This increase is partly the fire chief salary at $130K. He stated there are cuts in reduction in hours for several town positions and eliminate the positions and he proposed to reduce fire department wage increase to fund other eliminated positions.
Nutting said two fire fighters were brought on without be budgeted, accounted for the increase and to reduce the fire department budget would be to be laid off people and not hire the fire chief. Also, there was an accounting error in the former budget amounting to $123K.
Member Allison said this is brand new information and is asking why this is coming up in March. He said the fire department budget needs scrutiny. Chair Kerrigan and Member Allison had an animated discussion about this proposal. Member Allison said a Fire Chief is not necessary.
Nutting said the services will be covered and he thinks public safety is more important. Chair Kerrigan said that was a Select Board decision. Member Allison said that the town employees were saying the opposite. He said the town staff agreed the town needs a Health and Human Resources Director. He would like to have money moved around to accommodate the staff. He said that the fire department costs have risen 80% since 2022.
Member Gifford said these proposals have been around for a few weeks. He recounted history with the fire department. He said the reality is that the town needs paid firefighting professionals. He said that Commissioner Everett Moody supports this view.
Member Allison went on to say this is too much. More discussion followed.
Member Gifford made a motion to move forward with the budget as presented. Member Allison urged that this be reconsidered. The motion was approved with Chair Kerrigan and Member Gifford voting yes and Member Allison voting no.
Commissioner Moody was at the podium to say he could have a conversation with any of the Board members to explain the numbers.
Discussion of FY26 Capital
Nutting presented that total Revenues available are $2.8 million.
Key Projects to be tackled under this budget are:
Library roof repair.
Water department equipment upgrades.
DCAMM Development
Chair Kerrigan said he is in receipt of the state’s response to the DCAMM land development options that include:
Option 1: State retains land, manages development.
Option 2: Town takes possession, assumes risks.
Chair Kerrigan said he was in favor of Option 1 and would be presented to a town vote at a special town meeting in the fall. Member Allison asserted that Lancaster needs to be in possession of the land. Chair Kerrigan had to correct his thinking that the town does not need to assume the risks and will in the end get possession and then Member Allison then agreed with Option 1.
The Board approved the Capital Budget.
Discussion on FY26 Annual Town Meeting Warrant Articles
The 22 articles include:
Balancing FY25 budget.
Library bond and CPA funding.
Removal of civil service.
Repeal of disposal of property committee.
Potential Citizens Petition to change to recall bylaw.
This was tabled until the next meeting to finalize the Warrant Articles.