Issue 8 September 2024
Affordable Housing Trust 8/1
This was Trustee Carolyn Read’s last meeting. A new vacancy is now open to be filled by the Select Board.
The bill to transfer the DCAMM property to Lancaster is before the Governor for signature.
Approval of Meeting Minutes
May and June minutes are not yet done.
Scheduled Appearance(s) Charter Commission, requested by Trustee Jason Allison as a Select Board Member
Allison requested to table the discussion until more participants are available. This was agreed.
IV. Progress on Housing Production Plan (HPP) 2024 – 2029
Review and discuss feedback on version presented at. There is a recording of the Housing Production Plan forum by CommunityScale presented on July 24, 2024 and the presentation is on the town website. Feedback from this forum and the June 6th meeting of the Affordable Housing Trust was folded back into the presentation. Chair Victoria Petracca asked for opinions on whether the CPA tax could or should be increased to 2% (maximum of 3% allowed). A town wide ballot question is needed for this change. These funds go to town building maintenance, open space and conservation measures, affordable housing, and recreation field upkeep. Allison spoke against adding to taxes at this time. Trustee Read said because this is a five year plan, this would be a reasonable goal. Another item discussed is the percentage of affordable housing as set by the inclusionary zoning at 80%. The conclusion was a change in the rate downward could be feasible once the town achieves safe harbor. Planning Director Brian Keating will be updating the presentation with all town owned properties. A motion was made to move the Housing Production Plan to the Select Board and Planning Board for approval with the changes as recorded as being included from the forum and June 6th meeting. This was approved.
Affordable Housing Series – Fall 2024:
Public Housing will be the first to present on 9/10, a presentation on Habitat for Humanity will be done on 9/24, ClearPath will be talking about veteran loans on 9/25, RCAP on 10/8 and 10/15, and a presentation on the town’s Affordable Housing Trust will done also. The Office of Town Administration is handling the publicity.
Transfer of Community Preservation Funds to Affordable Housing Trust
Chair Petracca suggested that the Affordable Housing Trust make a town meeting request to appropriate existing CPA funds earmarked for affordable housing to Trust’s account for future use under Community Preservation Act, MGL Chapter 44B, Section 5(f), so they can be used for affordable housing in a prompt manner.
Updates to Subsidized Housing Inventory (SHI) Pipeline (in order of number of affordable units)
There are no updates available for the 40R Smart Growth District, approximately 1410 – 1474 Lunenburg Road, Route 70, i.e. Capital Group development.
A summary was given for the last Zoning Board of Appeals meeting on the Neck Farm Estates, 13 Neck Road, Chapter 40B, Comprehensive Permit.
Laurel Hill, Harbor Classic Homes, 2038 Lunenburg Road, Special Permit, is before the Planning Board.
New site: Hawthorn Hill, 0 Hilltop Road LLC, Inclusionary Zoning, Local Action Units will be before the Planning Board. Two of these will be affordable.
Property rehab, Cleveland Street LLC, 197 South Main Street, Inclusionary Zoning, Local Action Unit is waiting for the developer to apply for the interior building permit. This includes one affordable unit.
VIII. Updates to Existing SHI
There is no updates but Read reported the State House bill 4701 to transfer the DCAMM property to Lancaster is before the Governor for signature.
Select Board August 5
The warrant articles for a special Town Meeting on 10/7 were discussed and the meeting tentatively scheduled pending the school auditorium availability.
Approval of meeting minutes
The minutes from July 15 were not approved because member Ralph Gifford needed changes made.
Scheduled appearances and public hearings
Nuisance and/or Dangerous Dog Matter Conclusion
Gifford said the question was whether the animal should be put down. He found the comments from the Animal Control Officer, Phyllis Tower, to be persuasive. He agreed with her that the animal should not put down. Member Jason Allison stated he has a fear that the person attacked could have been a 6 year old boy. Chair Steve Kerrigan said he would follow the Animal Control Officer’s recommendations. Gifford made a motion to do so. The motion passed with Kerrigan and Gifford voting yes and Allison voting no.
Public comment
Roy Rezac, resident, he commented that the AARP does not endorse any lender or plan but would like seniors to be advised on their availability. He stated the Tax Fairness Committee was chartered with providing information, he recommended the report be available as written.
Administration, budget and policy (Votes may be taken)
The updates to Disaster Recovery Plan were adopted.
The State Primary Warrant to be held on September 3, 2024 at the Town Hall Auditorium from 7:00am-8:00pm was approved.
Tax Fairness Committee Final Report
Chair Kerrigan continues to have reservations about reverse mortgages. Gifford does not have the same level of concern about reverse mortgage and would support distribution of the report. Allison followed Kerrigan’s opinion on the reverse mortgages. He said there are no solutions to the tax burden on seniors contained in the report. Kerrigan and Allison would like to strike the commentary on reverse mortgages. Kerrigan and Town Administrator, Kate Hodges, will go back to the committee about this issue.
Review of Community Preservation Committee Procedures Manual – DRAFT
The CPA Committee is reviewing it.
Personnel Policies and Procedures Updates & Ratification
These were ratified by all.
Fall Special Town Meeting – Potential Articles & Tentative Date Discussion
A draft is available. An outline was given by Hodges. October 7th is a potential date for this meeting.
This was agreed to by the Board pending availability of the school auditorium.
The Warrant can be found here: https://www.ci.lancaster.ma.us/administration-select-board/news/stm-october-7-2024-certified-warrant
The first article is for a change to the capital budget plan to allow the leasing of two fire trucks, one a tank truck and one a pumper. A finance schedule is provided.
The second article is to amend the Water Enterprise Fund.
The third article to amend the Town’s Classification and Compensation plan.
The fourth article is to deny any application for Town permits or licenses (with a few exceptions) for tax delinquent entities.
The fifth article changes the way the Town Department Finance and Budget is constructed, putting the department under the Town’s personnel bylaws.
The sixth article follows the fifth article to amend certain positions in the Town structure, including Finance and Town Clerk positions to appointments made by the Select Board or designee.
The seventh article is for action to take Hawthorn Lane as a public way.
The eighth article is to finally fully acquire the North Lancaster land.
The ninth article is to give an additional $5000 to the Community Preservation Fund for administrative expenses.
The tenth article is to allocate $35,000 for Community Preservation Committee project expenses.
The eleventh article is to transfer the care of Blood Town Forest to the Conservation Commission.
Select Board Policies Discussion (tabled from 7/15/24)
Tabled again.
Select Board’s Goals (Gifford, continued from 7/15/24)
Tabled also. Hodges presented a preview of a FY26 Management Goals and Budget Objective booklet which is based on the new Master Plan.
Resignations
Conservation Commission – Bruce McGregor
Appointments (Terms specified after name if not clearly marked in heading)
Conservation Commission (Term to expire 06/30/2027)
Carl Fawcett was approved.
Community Preservation
Mark Renczkowski (Representative for Recreation Commission) this was ratified.
New Business
Chair Kerrigan made a motion to commence contract negotiations with Hodges for renewal of her contract.
Gifford noted there is a $100K payment due to Lancaster from the agreement negotiated with Capitol Group. This will be investigated.
The Board adjourned for executive session to discuss the lawsuit with the Lancaster Historical Society.
Planning Board August 12
The Board took time to thoroughly understand the development at 0 Hilltop Road which includes 18 single family home with two affordable units.
Minutes of July 22, 2024
These were approved.
Public Hearing:
McGovern Blvd- requested a continuance until August 26
Motion to continue was accepted.
White Pond Road Flexible Development – Continued Public Hearing from June 24, 2024. The applicant is proposing a residential development consisting of four residential units contained in two separate buildings using the Town of Lancaster’s Flexible Development Bylaw.
After discussion of the fire department’s requirements, applicant said conditions are met. Chair Frank Streeter then outlined that there is a letter from the Conservation Agent, Brad Stone, because the flexible zoning includes open space plus the other permitted uses. Also the access to the site needs to be shown. Needs to be shown to be buildable and shown not need further Conservation Commission’s review.
Continued until August 26th.
0 Hill Top Road – proposed Residential Subdivision of 18 single family homes according to the Town of Lancaster’s Subdivision Rules & Regulations.
Frank McPartlan, from Dillis and Roy, presented the plans for the 18 single homes on ~130 acres. There was discussion about where the road is being built in the development. This will be a private road built to town standards with sidewalk. This will be a phased construction project. At least two units will be affordable with one affordable unit built in each phase. Water is under discussion with possible tie-ins on Hawthorn Lane and on the hill road. Town prefers developments on town water. An opinion is needed from the water department. The buffer zones for both wetlands and riverfront are being respected. Septic system will be worked on with the Board of Health. Soil testing has been done in conjunction with Bill Brookings, Nashoba Board of Health Representative. The site is designed so that both septic and wells can be used.
Member George Frantz questioned the feasibility of the private road. Discussion followed.
Brian Keating, Planning Director, explained that the previous week’s article in the Item was confused. He was talking about the McGovern Blvd development and the Item reporter thought he was speaking of this development at 0 Hilltop.
Victoria Petracca, resident and Chair of Affordable Housing Trust, went over the rules surrounding the affordable housing units, advising to file appropriate paperwork soon.
Adam Zand, Resident at 202 Hilltop Road asked about past development efforts where the previous much older plans listed had come from. Chair Streeter answered that it had been from a previous owner. McPartlan went through some of the changes existing in the new plans.
James House, resident, from 495 George Hill Road asked about environmental safeguards. He also asked about water run-off from down the hill. Chair Streeter commented that his residence is downhill so is aware of this issue and this is a Conservation Commission issue.
Robert Lidstone, member of the Sewer Commission, 311 Neck Road, spoke to the sewer issue. The development has is in the sewer district and some sewer credits are available but availability cannot be determined until application is made.
Alexandra Turner, resident, 620 Main Street, stated that the property is in an area of critical environmental concern, and asked about MEPA review. The property does not warrant a MEPA review.
Tom Seidenberg, resident, 748 George Hill Road, asked about the open space parcels, to which McPartlan said there are not any.
This hearing was continued until September 26.
357 Sterling Road. – Continued Public hearing from 3/25/24.
Requested continuance until August 26 was approved.
Public Meetings
ANR 110 Still River Road – The Planning Board is being asked to consider a request to endorse a plan for a division of land for which approval is not required. The lot being divided is located on the political border of the Town of Lancaster and the Town of Bolton. The Town of Bolton has endorsed the Lot that lies within its borders. The Applicant is requesting that the Lancaster Planning Board endorse the proposed lot that lies in the Town of Lancaster’s borders.
Applicant Andrew Mortimer came forward to explain the situation. David Sadowski, surveyor, stated the registry needs the Planning Board to sign off on Note 5, that not division of land is happening. A motion to approve was passed.
Master Plan – Member Kendra Dickinson made changes referencing items not included in the Master Plan. Chair Streeter said a map needs to be added for the references to make sense. Member Regina Brown asked whether this is critical to the plan. This was tabled until the map is found and included.
Staff Reports
13 Neck Road
The Town is expecting revised plans for only two buildings and 10 units.
2038 Lunenburg Road
There is no substantial changes and no further action is needed from the Planning Board.
Economic Development Committee
Meetings will be the third Wednesday of the month. They have had one meeting so far. Jeanne Rich is chair. Brian Keating, Planning Director, is ex-officio.
Hawthorn Lane
Chair Streeter explained that one resident is not signing off on the proposed action items.
Proposed Bylaw: Licenses or Permits of Delinquent Taxpayers
This was agreed to be a good idea.
New State Regulations concerning Accessory Dwelling Units
Keating cited data from the state to look at a couple changes to the local bylaws on square footage of the dwelling unit in relation to the primary residence. Chair Streeter suggested a hearing on this before the proposed Town Meeting October 7 so a report can be made at the Town Meeting.
Conservation Commission August 13
The meeting primarily focused on the camp improvement on 10 Fire Rd 54 but the situation at McGovern Blvd was also explained and the Notice of Intent closed with conditions.
Public Hearings
Continued Notice of Intent – 0 Heritage Lane
Construction of a driveway crossing and single family home
This was continued since the applicant was not present.
Continued Notice of Intent – 10 Fire Road 54
There was a review of the disturbed area in regards of the bylaw exclusion as it regards “developed areas” in a continuation of the discussion on this notice. Conservation Agent Brad Stone said this an ambiguous situation. Chair Tom Seidenberg said a camp style property is not a developed area; if every property around the ponds gets the same exemption then destructive development can occur. Commissioner Jim Lavallee commented that if even agreeing to that an area is disturbed, that doesn’t mean the entire project is approved. Commissioner Dennis Hubbard is not sure about the delineation of the areas and not sure one area is actually disturbed. Bill Hannigan, Engineer for the applicant, showed how this area had been used and disturbed. Hannigan went on to explain that the plan can be changed to accommodate the Commission requests and change the new construction to gain approval. Chair Seidenberg commented that the driveway needs to be moved since water is present there frequently. His primary concern is protecting the vernal pool. Stone agreed with Hannigan’s comments that to pull the improvements away from the resource areas, then this could potentially work out the issues to achieve the project. Lavallee called it a very complicated site and the overall question should be whether the area will be better off. Hannigan went through further changes that could help. Stone and Hannigan will work together to improve the project.
Patrick Garner, senior wetlands scientist, commented that he is disturbed by the direction of the discussion. The ORAD process does not define disturbed area. The vernal pool habitat is not going to be enhanced by plantings or other items mentioned by Hannigan. He said the vernal pool is certified and is very robust and yet the migratory paths are not yet known. So moving things around without knowing these paths can impact the habitat. The existing habitat needs to be protected. If an area has topsoil then it is not disturbed area. Therefore the area under the trees with topsoil, which is the area in contention, is not disturbed. Chair Seidenberg asked if he would recommend raising the driveway instead of moving it. Garner said yes. Chair Seidenberg said there is still a question about disturbed vs. non-disturbed. The bylaw has an exemption for previously disturbed areas. This vernal pool is not covered by the WPA though it is certified. Lavallee said the commission needs to proceed with extreme caution. Hannigan said some things that Garner had said are incorrect. He said the intent of the discussion to have a consensus on what the disturbed areas are. If the Commission makes that determination then there is a path forward. He also stated the vernal pool is not certified. Chip Nyland, attorney for applicant, said the developed areas needs to be decided by the Commission so the applicant can develop a plan to protect the habitat. Garner said the vernal pool is certified, official notice will be given this year. Chair Seidenberg asked if the red line represents the developed area. He does not consider it accurate. Lavallee said he is good with the red line except where the mature trees and undergrowth are; Hubbard agreed. Seidenberg concluded that that area cannot be counted as developed and also in deference to Garner’s opinion about raising the driveway instead of moving it, he would recommend that action.
Hannigan suggested that all visit the site again and agree on the areas to protect. Chair Seidenberg asked if the commissioners wanted a visit and none did.
John Bowen, abutter, said the confusion between “developed” and “disturbed” should eliminated. He doesn’t remember any structure on that side of the house where supposedly there is a rotted structure. He also asked about the septic system, whether it had been verified as actually existing.
Jesse St Laurent, resident, stated the square footage of the original dwelling should be considered. The environmental impact is big if lawns and other areas are considered developed.
Hannigan again pushed for a new site visit. Seidenberg and Hubbard will visit. The hearing was continued until September 10.
Continued Notice of Intent – McGovern Boulevard
Construction of two proposed lots, a roadway extension, an associated cul-de-sac, retaining walls, utilities, and a stormwater management area
John Kucich, Bohler Engineering, and Bob Dipetri, applicant, commented. Kucich said they had responded all the concerns by Haley Ward, Inc. and Brad Stone, Conservation Agent. Stone said all his concerns had been addressed except that the stormwater system had only been designed for the roadway. Since the area is so big, stormwater management depends on the structures that actually get built on the building lots. Recommendation is that a condition be put in that the stormwater management gets reviewed at build-out by the Commission. Kucich agreed that the applicant would have to come before the Commission again but wants the condition is worded carefully, “that the flow from the basin cannot be increased without coming back before the Commission.” Chair Seidenberg did not agree to that actual wording. Stone said all the standards need to be met. Kucich agreed that all further build-out will need to meet all stormwater standards. He has no issue with stating all further construction needs to meet stormwater management. Stone said no additional permits or notices are needed but review is necessary. Stone said wording should be that all further build-outs meet the stormwater management standards and there is an understanding that the current plan only addresses the roadway stormwater management. The order of conditions stay open until the project is finished. The information about the developed parcels need to be submitted to the Commission for review. Chair Seidenberg said the condition should be a long term or a perpetual condition since the build-out may span many years. Lavallee said the order of conditions stay open and until all the parcels are developed. Seidenberg said current approval only for the roadway but as the stormwater management changes these changes need to be reviewed. Kucich could not said when the roadway would be built as it depended on what the “market” wanted to be built there. Building of the roadway is not imminent. Stone said there is one reason the Commission is seeing this plan now; it is because the Planning Board requested that the applicant get an opinion from the Commission to solidify the zoning. This may be an academic exercise but not necessarily. Kucich agreed.
Stone restated the special condition on this notice, “Any further development on the parent parcel would be required to meet all the stormwater standards and that information will be submitted to the Conservation Commission for their review.” Kucich is good with this if it doesn’t entail unnecessary increased permitting. A motion was made to close the notice with this special condition and this was approved.
Continued Notice of Intent – 0 No Main Street (Map 24, Parcel 41.A)
Construction of a single family house, driveway and septic system
Applicant wants site visit. Stone can send out a scheduling notice for the visit. This was continued until the next meeting.
Continued Notice of Intent – 121 Fire Road 11
Retaining wall replacement and site improvements
This was continued.
Request for Determination of Applicability – 842 Sterling Road
Construction of a new storage building, associated access drive, site grading, stormwater features and appurtenances
John Farnsworth, engineer, Farnsworth Engineering, shared the plan for this site. This is a 13.5 acre lot with a manufacturing facility that is being completely used so there is a need for an additional building. The new building will be in the northwest corner of the old building. Stone has not visited the site yet. He doesn’t believe any notice has been filed with the Planning Board; until then the plans cannot be finalized. He would like to review them when more “shovel-ready.” Farnsworth said he thought he was to get an opinion on whether anything is in the environmental resource area. Commissioner Dennis Hubbard asked if the applicant was cutting into the tree line. Farnsworth said some trees may be impacted well away from the 200 foot environmental buffer zone. He also said stormwater has not be an issue. Seidenberg asked if the stormwater is untreated, does it drain into the resource area? Farnsworth said no. Seidenberg said Stone needs to see the site before a negative determination. Stone has concerns that this may change significantly before final approval by Planning Board. Farnsworth said no changes are planned. He would like to go to the Planning Board with some opinion from Conservation Commission. Lavallee said he is not comfortable with a conceptual plan. David Fisher, applicant, commented that this is a real plan with a building order pending. He said he needs to understand the process to get this project done. Seidenberg said Stone has some concerns. The plan shows two stormwater basins that have not been constructed and so he has concerns. He would like Stone to visit. Stone said he would like to see the stormwater checklist and full civil drawing set, etc. Seidenberg said if the work areas are outside of resource area, then there needs to be a negative determination. There was a discussion about the uncertainty of the plan. Fisher said the plan is shovel-ready. A motion was approved to issue a negative determination of applicability.
Discussion:
Request for Extension Permit – 0 Elizabeth Ln. and 0 White Pond Rd. – DEP File No. 193-0589
Kucich, also representing this applicant, requested an extension for the water main for one year. The motion was passed.
Enforcement Order – 397 Center Bridge Road
No response has been received. Stone suggested that either use town counsel and/or Department of Public Works to take on an enforcement. The DPW is the preferred course of action. A schedule of fines should be compiled. All agreed. Stone will reach out to the DPW.
Conservation Commission membership update
Carl Fawcett has been appointed and needs to be sworn in.
Minutes to Approve:
The minutes of 7/23/2024 are not available yet.
Finance Committee August 13
Finance Director Cheryl Gariepy presented the year end revenue recap.
Approval of minutes
9/18/23, 5/6/24 and 7/9/24 were approved.
Scott MacDonald - DPW Water Rates
MacDonald, Superintendent, went over the 5.5% increase but this only applies to the about 50% of the resident specific to users over the minimum limit. This equates to about $3+ per year per affected resident. This will not take effect until probably after Special Town Meeting on October 7, via special warrant changes. The major driver for this change is the electric rates (for running the well pumps). Kate Hodges, Town Administrator brought up that there should be a public hearing for a Finance Committee and Select Board vote. Dick Trussell, Finance Committee chair would like to wait until that meeting to have a committee vote on whether the Committee will endorse the rate change. This meeting can take place on 9/4. Roy Rezac would like to see rates for other towns and also the current electric rate that the Water District pays. The Committee agreed that they could give their endorsement at the public hearing.
Kate Hodges – Financial Policies report questions
Three members and Gariepy have made comments to the report.
Rezac had questions; the biggest about the quarterly progress reports. Hodges said the policies around the workings of the department. She asked whether the Finance wants a separate report from the Finance Director. Trussell asked about other parameters of the new presentation. Gariepy said in her experience she has not been asked for reports in the past. Rezac said quarterly reports are most beneficial. A discussion followed about what audience is being addressed by what reports.
Cheryl Gariepy – year-end financial reports
Gariepy presented a spreadsheet recapping the FY24 revenue. The final recap shows the town receiving $27,780,365 against the budget of $27,405,573. The overage mostly occurred because of unbudgeted receipts. Gariepy is working on a recap of FY24 expenses.
Roy Rezac – Tax Fairness Committee report
Rezac went through his report. This has been summarized in his report to the Select Board in this newsletter previously. Taxes track to inflation and education costs. Housing has appreciated significantly in the past ten years. The Committee found no unfairness in the levy of taxes. The final report can be accessed here: https://www.ci.lancaster.ma.us/sites/g/files/vyhlif4586/f/pages/tfc_final_written_report_7-15-24_v_1.7.pdf
Public Comment
There were no public comments.
Old/New Business
Chair Trussell requested information about the situation around the booster station on Hawthorn Lane and this was recounted by Hodges. The booster station issue can’t be resolved until a Hawthorn Lane resident gives approval on an easement.
Rezac asked for the email address for the town committees to be set up so members can get emails from the residents without divulging their personal email address. Hodges stated that the addresses cost money. Gariepy has a fincon@ address and she will distribute.
Rezac requested a new agenda item to have updates on the High School finances for the new building. He is concerned about the interest rate on the bonds. The 4.5% forecasted at the Town Meeting seems to be increased to 5% on the current small bond. Hodges said this was the lowest that was bid for this bond. She also said the contribution from the state is higher than expected. She said the High School cannot predict what the offering will be for the next bond next year. Stan Starr, member, will check with the consultant working with the school for some insight.
Board of Health August 22
The Board of Health cleared a lot of items off their docket at this meeting but the occupied trailers continue to be an issue.
Permits
1312 Main Street- Septic system upgrade permit
Plan shows an upgrade to a failed system. Two waivers were requested and Bill Brookings, Nashoba Board of Health, said these are allowed for upgrade. This was approved.
696 Fort Pond Rd- proposed warehouses
Three proposed warehouses have revised plans. The plans are in compliance with local and state regulations.
Kristin Hera, resident, asked about the aggregation of waste water. Brookings said the acreage is much bigger than needed and the regulations are satisfied. Frank Holmes, Langan Engineering, agreed and cited the numbers.
Hayley Palazola, GFI, asked about the need to attend the next board meeting which Paster said is not necessary.
A motion was made to approve the variance on the length of the sewer line and approval of the plans. This was approved.
Title-5 Inspection Reports
85 Old Common Road
327 Ponakin Road
107 Ponakin Road
43 Spec Pond Ave.
These all passed.
Discussion:
27 Russell Lane- temporary housing status
Brookings visited and the trailer was still there, though a person there said there was work going on to remove the trailer. A follow visit is planned. This will be done in September and discussed at the September meeting.
132 Kilbourn Road- temporary housing status
The property owner is serving an eviction notice to the occupants of the trailer. The Board will ask for Town about next steps via a letter.
700 Fort Pond Rd- United Ag. Turf—Certificate of Compliance status
The certificate of compliance will be issued.
194 Grant Way- Update
Kevin Hinckley, complainant, said there has been no activity. They haven’t had any dust. Chair Jeff Paster said the Board needs to make sure the business has moved that last pile.
1263 North Main Street- Septic System install outstanding paperwork (recorded deed notice)
This certificate was issued.
679 George Hill Rd
Septic system upgrade status: The certificate for compliance was issued.
Irrigation well request: Frank McPartlan, Dillis & Roy, explained that the wells will be used to water the historic gardens on the property. Brookings said the plans for the wells need to go to the Water Department after approval of the proposed locations by this Board. The Board approved the locations of the wells. After the Water Department approves, the permit can be issued.
696 Fort Pond Road- Proposed warehouse
See above under Permits.
724 Old Union Turnpike- Existing well
This has been approved previously and should not have been on the agenda.
Arbovirus Update
The area is currently in the middle of the season for these viruses so there are posted notices for avoidance of mosquito and tick bites. If the problem becomes endemic to Lancaster, Chair Paster will issue an immediate notice to the general public.
COVID-19 Test Kits
These are free via federal government. The Board has double the kits they asked for. They have distributed into the Town public buildings. Cases are trending up.
The minutes of July 30 were approved.
Board of Appeals August 22
In this ultra-long meeting, several items were approved. 13 Neck Rd was continued into September as the Board looks at a revised plan for 10 units instead of 11.
Minutes
February 22, 2024
These were approved.
March 28, 2024
These were approved.
April 25, 2024
These were approved.
May 23, 2024
These were approved.
July 18, 2024
These needs improvement so were tabled.
July 25, 2024
These needs improvement so were tabled.
(The drafts of these Minutes can be viewed here: https://www.ci.lancaster.ma.us/node/16/minutes/2024.)
Public Hearings
11 Kinnear Ave. Application for a Special Permit
A petition by Jocelin Wattana (property owner) for the following: A request for a special Permit, Pursuant to The Town of Lancaster’s Zoning Bylaws 220-51 A, to allow for a proposed shed to be attached to the rear of a legally nonconforming house to extend further into the rear yard setback. The purpose of the shed is to house a well water storage tank and water filter. The proposed site is located at 11 Kinnear Ave, is in the Residential District and is identified on the Assessor’s Map 010, Parcel 87. All Project documents pertaining to this special; permit application can be viewed at this link: https://www.ci.lancaster.ma.us/board-appeals/pages/meeting-materials.
Wattana made a statement as to necessity of this. A statement from a neighbor was read supporting the petition. Hearing was closed and the petition was approved.
115 Beach Point Road
A request for a Special Permit, Pursuant to The Town of Lancaster’s Zoning Bylaw use regulation schedule 220-8.2 (D) boarding and daycare for more than two animals within the primary residential structure. Paul Dow made the petition to use the proposed site is located at 115 Beach Point Road, Lancaster MA 01523, zoned in a district identified in the Town of Lancaster Zoning Bylaw as Residential and is identified by the Town Assessor as Map 46 Parcel 18. Meeting materials pertaining to this application can be viewed at this link: https://www.ci.lancaster.ma.us/board-appeals/pages/meeting-materials.
Dow made a statement as to the necessity of this petition and described the property with a fenced in yard of about 2000 square feet. He has not applied for a kennel license but will do that next. It will be a dog boarding daycare. Brian Keating, Planning Director, went through what the Animal Control Officer will ask as to the approval of a kennel. A neighbor via letter, expressed concerns about noise pollution and waste containment. She also complained about violating zoning when commuting owners interfere with school children pick up and drop-offs. Another neighbor, who was present, who is a partner of the neighbor who wrote the above letter, living two doors down from applicant, stated the barking of the dogs and their activities disturb wildlife and cited the same commuting traffic congestion. He also stated walking the road is now not feasible with the increased traffic. He repeated the other items contained in the email. Three residents of Beach Point Road came forward in support of the applicant, not hearing any barking, etc. and said the applicant cleans up regularly after the dogs. Three to six dogs are present.
There was a discussion on whether under the special permit the number of animals can be capped. This is a temporary solution for the applicant. Some discussion about how far from the fenced area to the pond which is more than 50 feet. The hearing was closed.
Discussion determined that six dogs could be cared for, in addition to the owner’s two dogs, making a total of eight. A special permit is limited to three years. That the house could not be sublet for a dog daycare. A kennel license must be maintained for not more than 6 dogs. Customers are to be staggered in drop off and pick up times so traffic congestion is not an issue. The special permit was approved with the 5 special conditions.
71-75 Main Street
A petition by Grant Isaac (petitioners), of 71-75 Main Street, Lancaster, MA 01523 for the following: A request for a Special Permit, Pursuant to The Town of Lancaster’s Zoning Bylaw 220 sec 7C ‘Unlisted Uses’ to operate a mechanical lift on the exterior of his repair garage. This use is unlisted in the Town of Lancaster’s Zoning Bylaw. The proposed site is located at 71-75 Main St, Lancaster MA 01523, is zoned in a district identified in the Town of Lancaster Zoning Bylaw as Neighborhood Business and is identified by the Town Assessor as Map 38 Parcel 41.A. Meeting Materials for this application can be viewed at this link: https://www.ci.lancaster.ma.us/board-appeals/pages/meeting-materials
Bill O’Neill, attorney, spoke on behalf of the applicant. Isaac came forward to answer the necessity of having the lift outside so he could escape the argon fumes of welding. There would not be fluids left outside. There was a question about fragments from the welding, Isaac answered that a rolling magnet is used for fragments. Also a shield is around the area to protect from weather. Some discussion around the need for special permit. John Farnsworth made a statement in support of the applicant and his business. Michael Hewitt, 89 Bigelow Rd, an employee of the business, made a statement in support of Isaac. Kendra Dickinson, 402 Oetman Way, has a serious safety concern about an open gate and the lift. She also cited a trash concern. Isaac said the lift takes 3 minutes to go up or down so anyone to be crushed by the lift would have to be an “idiot.” The lift is 48 feet from the sidewalk. Dickinson suggests a measurement from the gate to the first lift. She has never seen an external lift in her experience with the commercial vehicle market. She still has concerns about trespassing and the open gate. John King, 962 Main St, stated he stated he had worked at a car dealership with external lifts. O’Neill stated five cameras watch the area and issue alerts.
The public hearing was closed.
Vehicles should not be left more than two feet off the ground, no liquids left around the lift(s). The lifts will remain outside. Clean up the metal fragments every day. Obtain a building permit for the lifts. Clearance of 25 feet to be maintained.
This was approved with the above conditions.
71-75 Main Street.
A petition by Grant Isaak (petitioners), of 71-75 Main Street made a request for variance relief, pursuant to The Town of Lancaster’s Zoning Bylaws 220-11, C. (2),, to install an accessory structure in the side yard, and pursuant to the Town of Lancaster’s Zoning Bylaws 220-11B to allow said structure within the side setbacks allowed for this district. The proposed site is located at 240 Main Street, Lancaster MA 01523, in a zoning district identified on the Lancaster Zoning Map as Neighborhood Business and is identified in the Office of the Assessor as Map 38 Parcel 41.A. Meeting Materials for this application can be viewed at this link: https://www.ci.lancaster.ma.us/boardappeals/pages/meeting-materials.
O’Neill spoke on behalf of the applicant. He explained why the building will be located where it is on the plan. The area is tight area. The building will be about 16 feet from the boundary. The entrance to the main building is on this side, so out of convenience and efficiency, the building is located on this side of the main building.
John Farnsworth commented in favor of the applicant. He said the location was secure. He urged the Board to support businesses.
The hearing was closed.
The variance was approved.
Continuation: 13 Neck Road. Application for Comprehensive Permit
Public Hearing continued from July 18, 2024 Pursuant to CMR 760 56.05 (2) and MGL c. 40B. A petition by Neck Farm, LLC (applicant and property owner), 66 West Street, Suite 1F, Leominster, MA, for the following: Comprehensive Permit (M.G.L. 40B) for the construction of eleven (11) units of housing, including three (3) affordable units, on a .56 acre site. The property is located on Neck Road and Center Bridge Road in Lancaster and is identified on the Assessor’s Map 34 Parcel 42. All project documents under consideration by the Board of Appeals can be viewed at this link: https://www.ci.lancaster.ma.us/board-appeals/pages/13- neck-rd-40b-applications-and-documents.
Attorney Christopher Alpen spoke on behalf of the applicant to introduce the architect for 10 units in two buildings. Jeremy Baldwin of Maugel DeStefano Architects, showed the new buildings. The buildings are pushed by 5 feet back from the frontage, i.e. the sidewalk, on Center Bridge Road. He showed the artistic renderings of the structures, which are modeled on farm houses. The impervious area of the development has been reduced by 430 square feet. There are three units in one building and then the original 7 units in the second building. The third unit in the first building is an add-on two story unit.
The civil plans were then viewed and explained by Joe Peznola, engineer from Hancock Associates. The parking spots were lengthened by a foot. This was the only substantive change. The soils were tested again with Bethany Ordung of Haley Ward, Inc. in attendance. Peznola had a discussion with Ordung’s boss, Scott Miller, while she was out of the office, and revised the soil testing method. Haley Ward is now satisfied with the results. The development is not within 200 feet buffer zone of the adjacent stream and this information will be communicated to the Conservation Commission. Member Frank Sullivan brought up the water table. Peznola explained that the water table is actually not that high as it rolls off. Miller spoke to the results, concurring with Peznola. Miller also explained there are filters added to the catch basins and a perimeter membrane. He confirmed the brook is 221 feet from the property line. Peznola explained the mechanism of the filters on the catch basins. These filters can be replaced and have be added to the operational maintenance for the development. Member Jeanne Rich questioned the proximity of the stairs to the sidewalk on the three unit building. Baldwin shared a visual of the landing before the sidewalk. Baldwin went through the access points in and out of building, including the ramp. Open space has been freed up in between the buildings.
Adam Costa, attorney for the town, went through the further rules for the extension of the hearing. Atty Alphen said if a decision is under draft, the applicant will be satisfied with leaving the public hearing open. September 19th is the date for closing the hearing, then after that the Board has 40 days for the decision. Costa can have the structure of a drafted decision by the next meeting of September 5th. A discussion followed of the various options for approval or denial. Rich suggested Costa start putting things together for a decision.
Public comment followed with attorney Benjamin Tymann spoke for abutters and reminded the Board of their inability to see how safety concerns from the Commissioner of Public Safety had been resolved. He stated some vehicles are longer than the longer parking places, so emergency vehicles still can be obstructed. He also stated that the buildings are too close to the sidewalk. He stated that instead of 3 affordable units and 8 standard units are now 2 affordable and 8 standard, so the developer has not lost any economic benefit. The density is 20 units per acre and he hasn’t found any other development that is more than 12 units per acre. This is still too much for the site. He asked not the board not to be unduly influenced by this being 40B project and by a fallback to the Housing Board of Appeals since he thought there were a great deal of red flags concerning the project. He urged the Board to deny the project.
Martha Moore, resident, complimented the Board on their work, but she stated the project was just too big and the issue brought up by Atty Tymann have just not been resolved.
Dan Merrikin, representing some of the abutters, presented said the site is a drumlin and has glacier tilled soils which are particular type of soil. He said he dug a 9 feet deep recently and no ground water but if he goes out again in spring, then he will find ground water at 3 feet. The ground water can vary in this soil type and if so, the stormwater system will not be adequate. He would like the groundwater monitored during the spring. If he is correct, then the site drainage will not work.
Sam Malatos, 24 Neck Rd, said 40B developments should be child friendly, but this is not. He recited all the faults already cited in previous meetings about the safety concerns. He questioned whether the new ground water information is accurate after he sees standing water in the springtime in neighbors’ yards. He urged the Board to deny this project.
Rich asked Costa if they could write an approval with the condition that the project is only 7 units. Costa said yes but it is a redesign of the project. He said you cannot reduce density just for sake of reducing density. He rebutted the density argument of the Attorney Tymann saying, if the project goes to the Housing Board of Appeals, then the town loses control of the project.
Chair Rob Alix said he was leaning towards approval with conditions specified by subject matter experts. Costa said conditions can be structured by subject matter. Atty Alphen asked for permission to work with Costa on the conditions. Costa said this would not bind the Board to an approval. Rich asked for two conditions that the snow be removed and the sidewalks be on town property. Costa said these conditions may result in a redesign so the implications need to be explored. Board members can submit comments to Costa so he can begin the draft.
The hearing was continued into September.
