Issue 20 July 2025
Conservation Commission 6/23
During this meeting Georgia Albanese, Conservation Agent, announced she will be leaving for a new job opportunity. The Enforcement Order for 397 Center Bridge Road continues to be discussed with the owner continuing to promise but then not attend the meetings.
Public Hearings
Continued Notice of Intent – Lot 3 Neck Road (a portion of Assessor’s Map 30, Parcel 128), Construction of a single-family home.
Carl Fawcett needs to fill out a Mullen certificate for the parts of the hearing that he has missed for a vote to take place. John Plikfa, McCarty Engineering, representing the applicant, agreed. Plikfa then went over the revised plans and reviewed the project’s compliance with the wetlands bylaw as confirmed by EcoTec. He recited that the total site alteration will be 11,500 square feet.
Member Jim Lavallee said the EcoTec letter said the effect of the project is minimal, so he can vote for it.
Chair Tom Seidenberg said without Member Fawcett’s vote, they do not have a quorum, but once that is achieved, they could approve with the conditions. Member Fawcett asked how often there is an approval of a house with the 50-ft buffer zone running through it. Chair Seidenberg said it had happened but with the update of the bylaw as they plan to do this year, this project would not be allowable.
After some discussion about having the vote, then a motion was made to close the hearing and approved. There was a motion to issue an Order of Conditions with Member Fawcett voted no. Chair Seidenberg said this is a fail, since the majority of the Commission did not vote yes. There needs to be three yes votes. After discussion about how prudent the vote was to close the hearing and that the project under the current bylaw could not be denied, there was a motion to reopen the hearing, and this was approved. This hearing was continued until the next meeting so Commissioner Fawcett can review the parts of the hearing he missed.
Continued Notice of Intent – 2038 Lunenberg Road
Installation of stormwater management system.
The applicant has requested a continuance until July 8. Chair Seidenberg asked about the peer review, Conservation Agent Georgia Albanese said she had not yet gotten a green light from the applicant for this peer review.
There was a motion to continue and this was approved.
Continued Request for Determination of Applicability – Removal of dead trees within the Seven Bridge Road right-of-way. –
There was a request to continue to the 7/22 meeting. There was a motion to continue and approve.
Discussion
45 Fire Road 7
Request for a Certificate of Compliance
Albanese said the septic system from 2009 was not certified. The house is being sold and there needs to be a certificate filed. Albanese did a site walk and found all in compliance. She also reviewed the as-built plans.
There was a motion to issue the Certificate of Compliance and approved.
Cook Conservation Parking Area
Extension Permit for Order of Conditions
John Farnsworth, representing the Lancaster Land Trust, gave an update. The work has not been accomplished due to Natural Heritage restrictions, but one or two grants are coming through so an extension is being requested.
Chair Seidenberg said that the 2024 Permit Extension Act had already given a two-year extension to this project. Tom Christopher, also representing the Lancaster Land Trust, said that National Grid needs to repair damage they did to the pavement. He asked that the Commission hold them accountable.
Farnsworth withdrew the request for extension. He noted that the Land Trust may want to modify the Order of Conditions for some better improvements. Member Fawcett suggested asking the National Grid to make the repairs and improvements.
There was a discussion on whether the Lancaster Land Trust would come and talk with the Commission, especially since the Cook Conservation area was the Commission’s property.
The withdrawal was approved without prejudice.
397 Center Bridge Road- Enforcement Order
Albanese had shared the Town Counsel’s letter with the Commission via email. Albanese said the owner had stopped by the Town offices to say he would be at the meeting, but he was not present. Chair Seidenberg said he prefers fines over a suit, and he would like the full Commission involved, so this should be discussed at the next meeting.
General discussion of the Open Space and Recreation Plan (OSRP) and the oversight of open space parcels
Member Jim Lavallee took over the discussion but since there would not be a quorum, he suggested waiting until the meeting.
He did share some slides so he could email them to the rest of the Commission.
He met with Cara Sanford, a member of the OSPR Committee. He must go to the Registry of Deeds to find all the Conservation Restrictions. Chair Seidenberg gave some tips on searching for these.
There was a discussion of the variability of the Conservation Restrictions in Lancaster.
Member Lavallee went through some slides to show what aspects he would like to see for monitoring and guidelines for maintaining the health of the parcel. He will distribute to the rest of the Commission.
General discussion regarding the Wetlands Protection Bylaw and Regulations Draft • Agent update
Chair Seidenberg has not heard back from Town Counsel on his draft, so the Commission is on hold.
Announcement
Albanese is leaving as of June 27. Chair Seidenberg went through a scenario of sharing an agent with the Town of Berlin.
Minutes
The minutes of June 10 were approved with amendments.
New Discussion
There was a septic approved on 502 Brockelman Rd with an Order of Conditions about 6 months back. The Order of Conditions was returned without being filed at the Registry of Deeds. The work was completed without filing the Order of Conditions and there is no Certificate of Compliance.
The property is on the market.
Chair Seidenberg recommended that an Enforcement Order be filed and request a Certificate of Compliance. The motion was made and approved.
Planning Board 6/23
Max Mahabir was interviewed for the Board’s vacant seat. He will be voted on for the appointed by a joint session of the Select Board and the Planning Board at the next Select Board’s meeting.
Minutes
Approve minutes of June 9, 2025: A draft of these minutes can be viewed here: https://www.ci.lancaster.ma.us/DocumentCenter/View/2311/6-9-2025-PB-Meeting-Minutes.
The minutes from June 9 were approved.
Public Hearing(s)
0 Hill Top Road
This is a remand hearing for a proposed subdivision of 18 single-family homes.
In accordance with the provisions of M.G.L. Chapter 41, Sections 81T and 81U, the Lancaster Planning Board will hold a public hearing on Monday, June 23, at 7:00 PM at the Nashaway Meeting Room in the Lancaster Town Hall at 701 Main Street) to act upon the following matter: The application of 0 Hill Top Road, LLC., applicant and owner, 98 Adams Street, Leominster, MA, for approval of a Definitive Subdivision Plan, dated June 14, 2024, entitled “Definitive Subdivision Plan Hawthorn Hill”, being located at 0 Hilltop Road in Lancaster, Massachusetts, which land is identified in the Worcester District Registry of Deeds at Book 69945, Page 74, and shown on Lancaster Assessor’s Map 32 as Parcel 1H. The Parcel consists of approximately 130 acres. Eighteen (18) new residential lots are proposed.
Project documents can be viewed here: https://www.ci.lancaster.ma.us/393/0-Hill-Top.
The applicant requested a continuance until July 14. The hearing was opened and then continued.
Public Meeting
0 White Pond Road request for an Endorsement of a division of Land Not Requiring Planning Board Approval (ANR)
A Flexible Development Special Permit was approved for this property that contains three adjacent parcels in common ownership on October 28, 2024. The Special Permit approved the construction of two residential duplexes (4 units housing) on a 1.47-acre lot (5A-1) The special permit also approved the creation of a combined 19.42 acres of open space on the remaining lots (5A-2 and 3A). The current owner is proposing to eliminate the property line between these 2 lots to create one open space; Project documents can be viewed here: https://www.ci.lancaster.ma.us/518/Meeting-Materials#tab4be8cbc7-da84-417e-ad7d-4684909cd63a_1.
Ian Hazelton, Hannigan Engineering, representing the applicant, was present to talk about the combination of the lots for open space.
This was approved unanimously.
There was a discussion about the open space which is the property of the Homeowner’s Association.
Planning Director’s report
DCAMM Project Update
Brian Keating, Planning Director, reported that the state is hiring a consultant to work with the town and hold public forums. The development will probably be mostly housing, though he is hoping to bring some economic development.
There was a discussion about what work was done previously with garnering public input and the potential of the site. Chair Frank Streeter brought up that there are unmarked graves on the property. Keating would like the story of the girls that lived there brought to life.
AUC Project Update
No new updates. They are still thinking of an IPOD (Inclusionary Zoning Overlay District).
Economic Development Committee Update
The committee is still in start-up mode. Discussions have been centered on rezoning for growth.
Discussion followed about schools and community. Member Nicole Kanis stated that Lancaster is still more affordable for families to move into than Bolton or Stow to access the Nashoba School District.
Planning Board Website
Keating is cleaning up the website, especially regarding meeting materials for public use.
Communications
Max Mahabir, 679 George Hill Rd, would like to join the Planning Board. There needs to be a joint meeting with the Select Board for the appointment of Mahabir to the vacant seat. This joint meeting will be July 7.
Mahabir works in commercial development with his family. He would like to join for experience, etc.
Select Board 6/23
This was a special meeting to approve the contract with the new Town Administrator, John Woodsmall.
Public Comment
Opportunity for the public to address their concerns, make comments, offer suggestions, or ask questions.
There were no public comments.
Administration, Budget and Policy
(Votes may be taken)
Discuss and vote to approve contract with the new Town Administrator (John Woodsmall III)
Member Ralph Gifford made the motion to approve the contract and this was approved unanimously. Woodsmall was available via Zoom and introduced himself. He will start July 9.
Communications
Chair Jason Allison announced a public forum on the DCAMM property for July 15 by the state consultant.
Contract Related Matters
Open and Executive Sessions
Executive Session Purpose 7 to comply with Massachusetts General Law Chapter 30A, Sections 22(f) and 22(g): · To review the July 24, 2024 Select Board Executive Session Meeting Minutes for release. MOTION: The Chair will MOVE, pursuant to Executive Session Purpose 7, to enter Executive Session for the purposes of complying with Massachusetts General Law Chapter 30A, Sections 22(f) and 22(g), to wit reviewing the Executive Session Meeting Minutes of July 24, 2024 for release, to invite Interim Town Administrator Jeff Nutting into the executive session, and to adjourn from Executive Session.
These minutes were released in PDF form and mostly redacted with Member Allison and Member Kerrigan shown to have voted to have Town Counsel defend them as individuals during this lawsuit. It is not clear at this point whether this is a legitimate use of Town Resources.
Zoning Board of Appeals 6/26
This meeting focused on a single hearing for a two-car garage on the edge of Sterling and Lancaster.
Minutes
The minutes of 5/22 can be viewed here: https://www.ci.lancaster.ma.us/DocumentCenter/View/2313/5-22-2025-ZBA-Meeting-Minutes.
The minutes of 5/22 were approved.
Public Hearings
Request for a Variance: 33 Sandy Ridge Road Pursuant to Article IV of the Lancaster Zoning Bylaw §220-11C(2) Yard Dimensions.
The Applicant is requesting a variance to erect a prefabricated 2 car garage (24’ x 20’) in the side yard of their property Application materials can be viewed here: https://www.ci.lancaster.ma.us/DocumentCenter/View/2312/33-Sandy-Ridge-Rd---Variance-Application.
The Lancaster Zoning Board of Appeals will hold a public hearing to hear and act upon the following matter: A petition by Robert Hulecki & Tamara Connors (owners), of 33 Sandy Ridge Rd. Sterling, Ma. 01523 A request for Variance relief, Pursuant to The Town of Lancaster’s Zoning Bylaws 220-11C Permitted uses in required yards to install a pre-fabricated 2-car detached garage in the side yard. The proposed site is located at 33 Sandy Ridge Rd., Sterling, MA 01564. The property contains frontage in the Town of Sterling but the majority of the property lies within Lancaster and is therefore subject to the use regulations under the Lancaster Zoning Bylaw. The property is in a zoning district identified on the Lancaster Zoning Map as Residential and is identified in the Office of the Assessor as Parcel # 32-16.C.
Connors came up to explain the plans for adding the garage. The plans showed that the property has a sloping topography with existing structures that include an in-ground pool and septic system in the rear yard.
Proposed garage location is the only feasible option due to site constraints.
The hearing was closed and the motion to approve the variance was passed.
Select Board 7/7
Max Mahabir was appointed to the Planning Board during this meeting. Two police officers were also sworn in, bringing the department up to full staff,
Minutes
The minutes of June 16 and June 23 were approved.
Planning Board Appointment (joint meeting with Planning Board)
Appoint Maxwell Mahabir to the Planning Board for a position through May 11, 2026.
Chair Frank Streeter of the Planning recommended Mahabir for the position. He is a Lancaster resident with real estate experience, residing at 679 George Hill Road.
There was a motion to approve Mahabir to the position and unanimously approved by both Boards.
Public Comment
Police Chief Everett Moody, 366 Old County Rd came to the podium as a private resident to discuss the differences between the hiring process for the fire chief and the Town administrator.
“I felt compelled to stand here before you and share my thoughts on the hiring of the fire chief. The process itself, but I'd first like to comment on the town administrator hiring process. The town administrator is essentially every department head supervisor. Some might say boss or leader. Either way, it is who the department heads report to very much the same as a fire chief to his or her staff. For the town administrator, the board opted to use a consultant company to collect resumes, determine if they met minimum qualifications, conduct background checks, and after appropriate review, present qualified applicants to the select board for final interviews. During that process, a representative of the consultant firm spoke with some, but not all of the department heads. My input was maybe a 10-minute conversation. I appreciated the opportunity and felt comfortable knowing the position is a Select Board appointed position. And as a representative of the town, each of you would do your due diligence to hire who you felt was most qualified. For the fire chief, the challenge the town chose a different path. Or did we? We may not have hired a consultant firm, but through the guidance of select board chair Allison, I believe we followed the same proven track. A diverse committee was put together that represented residents, public safety, and firefighter professionals. The task was resumé collection, review, background checks, all similar to the fashion of the town administrator. First round interviews narrow the field, bringing only the most qualified applicants to the board. The two fire chiefs on the committee have over 60 years of combined experience in the fire industry. They met with members of the fire department. They listened and they conducted themselves professionally throughout the process. Their knowledge and approach were impressive to say the least. They were used to assure, again, only the highest qualified fire professionals will move forward. I'd like to take a moment to just thank both Chief John Fleck and Chief Mark Sadowski for their participation in bringing forward what I believe to be excellent, well-qualified professionals in the future. And I can say with confidence that Lancaster will be in good hands, whoever the board chooses. And lastly, I'd like to thank the board chair, Mr. Allison, for the opportunity to participate, and also member Rob Alex for his participation.”
Fire Chief Update
Chair Jason Allison gave an update after explaining the process again after Chief Moody’s comment.
He furthermore stated that background checks for finalists will be done by the 11th, then the interviews will be scheduled with the Select Board.
Discussion on Fire Department Staff Meeting
Chair Allison answered questions about the concerns about short notice for staff meeting
Member Ralph Gifford asked if the staff were adequately represented and Member David Carr asked if the meeting was so important, why was there such short notice. Chair Allison said they did the best they could. Member Carr asked if another meeting could be scheduled. Chair Allison said another meeting would not be appropriate. Member Carr said 5-hour notice was given, and he understands the staff’s frustration. There was a debate between Chair Allison and Member Carr. Allison said just because they did not meet the staff’s expectations, doesn’t mean they did not do the best they could. Member Carr said it was not good enough. Member Gifford said there were 6 out of 25 staff at the meeting. Chair Allison objected to this information. Discussion followed.
Chair Allison went through a long explanation. He said the next steps were to move forward with Chief Moody to get the background checks done.
Civilian Fire Response Discussion
Chair Allison said that he wanted to consider an independent investigation into a recent incident and talked about concerns about the governing policies and procedures. Member Carr questioned the usefulness of an investigation since the incident is understood. He would rather have the policies and procedures reviewed. Member Gifford agreed. More discussion followed. Member Gifford said a Fire Chief would be the authority in this situation. Chair Allison disagreed. He thinks there were chain of command issues. He conceded, as the rest of the Board did not want to pursue.
Affordable Housing Trust Liaison Update
Chair Allison stepped down from this role and asked for someone to take his place. Member Carr volunteered and was approved.
Amend LLEC, Inc. of Sterling, MA Earth Removal Permit issued August 20, 2024, and expiring August 20, 2026, as follows:
a. ADD “Permitted Address” description;
b. ADD standard Permit Conditions which were inadvertently omitted; and
c. CORRECT inspection cycle to annual inspections.
Member Gifford explained the clarification and correction.
Member Carr and Chair Allison wanted to make sure the applicant is aware of all the changes. Member Gifford said these were pre-existing from prior permits. Member Gifford will have further conversations with the applicant.
This was added to the agenda in two weeks.
Appointments
Police Officers Appointments
Nicholas Cabral
Jeffrey Noble
These were approved. The officers were sworn in by the Assistant Clerk, Jill Hazelrigg, and their badges were pinned on by their spouses. Chief Moody said that these officers bring the staff up to full level and they are looking forward to doing more policing and traffic control.
Council on Aging
Donna Jarvis (Term expires June 30, 2028)
Jarvis was approved.
Economic Development Committee
Samantha Zediker (Term expires June 30, 2028)
Zediker was approved.
Montachusett Area Regional Transit Advisory Board
Caitlyn Roy (Term expires June 30, 2026)
Roy was approved.
Licenses and Permits
Use of Town Lands Application
Seventh Day Adventist Church,
337 Main Street, South Lancaster, MA
Date/Time of Event: Friday, July 25, 2025, with Rehearsal 5-7 PM; and Performances 7-9 PM
Program: Free Event – Vespers – Youth Encounter Music Program
Contact: Maria Valente, Associate Pastor, College, Seventh Day Adventist Church
This was approved.
Executive Session
The Select Board will meet in Executive Session pursuant to M.G.L. c.30A, §21(a), for the following purpose: 1. Purpose 1: To discuss a complaint lodged against the Select Board 2. Purpose 2: To conduct strategy sessions in preparation for negotiations with non-union personnel: Cheryl Gariepy, Finance Director. 3. Purpose 3: To discuss strategy with respect to potential claims by Cheryl Gariepy, Finance Director. MOTION: Move into executive session as for the following purposes (1) to discuss, under Executive Session Purpose 1, a complaint lodged against the Select Board; (2) to conduct strategy sessions in preparation for negotiations with Cheryl Gariepy, Finance Director, pursuant to Executive Session Purpose 2; and (3) to discuss strategy with respect to potential claims by Cheryl Gariepy, Finance Director, under Executive Session Purpose 3 because an meeting may have a detrimental effect on the litigating position of the public body and the chair so declares; to invite Town Counsel Donna Brewer into the executive session, and to adjourn from executive session and not to return to open session.
Conservation Commission 7/8
This meeting approved the project at 3 Neck Road, one that interrupts and uses buffer zone land for a single house.
The job posting for a new Conservation Agent has been posted.
The interchange with the OSRP on all open space continues, and the Commission to awaiting review from the Town Counsel on the latest draft of a rewrite of the Wetlands Protection Bylaw.
Public Hearings
Continued Notice of Intent – Lot 3 Neck Road (a portion of Assessor’s Map 30, Parcel 128),
Construction of a single-family home.
Wesley Flis, McCarty Engineering, asked if the situation had changed about whether the situation had changed with Commissioner Carl Fawcett’s assessment of the project and his review of the prior meeting’s information. He asked Chair Tom Seidenberg and Commissioner Jim Lavallee why they would be comfortable with approving the project. Chair Seidenberg said the peer reviewer said the impacts of this project are negligible for the buffer zone(s). He said this situation was an impetus to reviewing and updating the bylaw to prevent future projects like this, but the Commission does not have a legal basis to deny this project.
Commissioner Fawcett was able to vote affirmatively. There was a motion to close the hearing which was approved. There was a motion to approve the project with the previously discussed Order of Conditions and passed.
Continued Notice of Intent – 2038 Lunenberg Road
Installation of stormwater management system.
There was a request for continuance. The Commission is waiting on clarification of the escrow account for the peer review. There are also escrow amounts involved with the Planning Board.
The hearing was continued.
Continued Request for Determination of Applicability – Removal of dead trees within the Seven Bridge Road right-of-way.
Continued to 7/22/2025 meeting.
Discussion
397 Center Bridge Road- Enforcement Order
There are no updates until there is staff available.
General discussion of the Open Space and Recreation Plan (OSRP) and the oversight of open space parcels
Commissioner Lavallee said there is overlap with the OSRP. He asked that the Commission reviews Review sections five and seven of the OSRP as well as Section 4.1 (Certified Vernal Pools) which also should be reviewed. Section five includes an inventory of lands of open space and recreation interest. Section seven covers analysis of needs. The feedback deadline is mid-August. He asked the Commission to review sections and provide feedback to him, and he will consolidate comments and submit them to Cara Sanford, OSRP.
General discussion regarding the Wetlands Protection Bylaw and Regulations Draft
The Commission is still awaiting feedback from Town Counsel. Chair Seidenberg is expecting some changes.
Agent Hiring Process Update
Chair Seidenberg reported there has been no movement on sharing an agent with Berlin. There is a new Town Administrator there may need to be some wait. The job posting is up on the town website.
Reorganize the Board
This was tabled as there were only 3 members present.
Commissioner Lavallee said that his and Commissioner Dennis Hubbard’s term have been renewed until 2028. But neither of them had requested or been contacted for this renewal. Commissioner Lavallee would like to step down and Chair Seidenberg said there is a candidate waiting to be appointed. There will be follow-up with the candidate to make a smooth transition and to see if the Select Board will accept this process.
Minutes
The minutes of 6/23 were approved.