Issue 7 August 21, 2024

Zoning Board of Appeals July 18

This meeting reviewed all the options open to the Board in response to the applicant’s proposal for a 40 B development.  The Board stated previously that the development was too large and public safety could be compromised with traffic, snow emergencies, and other open space issues.

Continued Hearing of the Comprehensive Permit application of 13 Neck Road of 11 rental units including 3 affordable units:
Town Counsel, Atty Adam Costa, from Mead, Talerman & Costa, LLC, reminded the Board of the reasons for disapproval of the project such as public health and safety, building design and safety, and open space concerns. He also advised that any order of conditions that are applied should be specific and not overly restrictive. There was some confusion on whether a reduced footprint plan had been received; it had not. A point was brought up if the project is denied and the Housing Board of Appeals rules in favor of the project then town’s needs may not be met and the town loses control of the project. However, the Housing Board of Appeals can send it back to Lancaster if the conditions that the ZBA wants to impose are reasonable. In response to many questions, Costa advised that what the Board wants needs to be specifically stated and then the applicant can respond with confidence that the revised plan can be approved.  The applicant does not want to submit revised plans without some understanding of approval of a redesign, and now the applicant has stated they may want to submit a revised design. The Board wants to understand how the concerns would be addressed that are still exist.
Commissioner of Public Safety, Everett Moody, spoke via Zoom, he cited overly crowded parking lot, roadside parking, and limited visibility can cause numerous safety issues. There are still concerns over access for emergency vehicles. The plans do meet the minimal safety requirements but he is disappointed that a condition to achieve this is that vehicles park with their bumpers over hanging the sidewalks and that everyone would be parked perfectly in order for emergency vehicles to access the site. That isn’t a reality and it is a concern. He thanked the applicant for their work in addressing public safety concerns.
Jeffrey Dirk, from Vanasse & Associates, reviewed the latest of four letters sent.  Their peer review of the site plan is in this letter.  He pointed out there had been 1.5 parking spaces per unit in the original plan.  The 1.5 parking spaces per unit is on the low side of the standards for the Housing Board of Appeals for these projects so going below that is something to be critically reviewed. He echoed Moody’s comments.  Dirk said the firm’s review did not assume the bumpers of the cars overhanging the sidewalks. They would not recommend this. If the bumpers need to overhang the sidewalk then the parking spaces may be deficient. Handicap accessibility could also be affected.  If the parking places are reduced or there needs to be overhang of the car bumpers, then the firm needs to do further review because this would not be acceptable. The firm recommends the following as conditions of approval:
1)  The applicant should implement the transportation demand management program
2) There should site distance plan in the plan set for adherence managing sight lines
3) Weatherproof bicycle parking should be part of the plan
4) Signs and Pavement markings need to be compliant with state and federal standards
In response to a question about the parking, Dirk recommended that curb stops be put in to make sure no bumpers overhang the sidewalks. Also he mentioned that parking needs to monitored by Lancaster’s police and there needs to be enforced maybe with parking stickers and registering guests. EV parking are separate; preference will be given to residents with EV vehicles.

Bethany Ordung, from Haley Ward Inc., working for the town, has reviewed the plans from 6/25 from Hancock Associates and the peer review letter from the abutters.  The infiltration system and porous pavement with the seasonal high water line are still concerns. The test pits levels show that the water is a foot of the high water line and it needs to be 2 feet. The evaluation of the soil in the test pits is different than the soil one would expect to see in the area. This makes it difficult to determine the high water level.  She suggested another test pit may need to be dug. She recommends a new test pit with the digging being witnessed by a town official.  Christopher Alphen, attorney for the applicant, brought up a new letter from July 27th by Hancock Associates.  Ordung is not understanding the letter since the letter does not address the high water concern. Chair Rob Alix suggested Ordung meet directly with Hancock Associates, and she concurred. Ordung went on to say that this site is not a critical area of environmental concern. Soil infiltration still needs to meet the criteria for a non-critical area. Any spill of vehicle fluids on the porous pavement will be a concern. She also stated that she would not grant any waivers on the site. Costa recommended that Ordung submit her recommendations on the waivers after her discussion with Hancock Associates.

Another discussion ensued about reducing the number of units, footprints of the buildings and the setbacks. An alternate plan for 10 units instead of 11 could be offered to address all concerns. Atty Alphen offered that the applicant can do an extension so enough time would be allowed to review new site plans, etc.  A rough schedule was outlined with a continuance until August 22nd, then a special meeting on September 19th, finally closing the public hearing, and then give a decision at the regular meeting on September 26th. A continuance was voted on to continue until August 22nd.  This was passed. 

Planning Board July 22 

Most items of this meeting were continued or not discussed.

The minutes from 6/24/2024 and 7/8/2024 were approved.

Public Hearings

White Pond Road Flexible Development – Continued Public Hearing from June 24, 2024. This was continued until August 12th.

Staff Reports:

13 Neck Rd Comprehensive Permit: Brian Keating reported on the July 18th public hearing by the Zoning Board of Appeals. The ZBA public hearing was continued until August 22nd. The reduction from 11 to 10 units will be reviewed.

2038 Lunenburg Rd: The developer is working with the road construction consultant on road design.

Hawthorne Lane: No new updates.

McGovern Blvd. Ext project: This is before the Conservation Commission in regards to stormwater and other environmental concerns.

O Hill Top Road:  Department heads met with developer to get ideas about the direction to go to address stormwater and other concerns.  Developer would like to connect to town water.  Bethany Ordung from Haley Ward, Inc. was contacted about this to conduct a feasibility study.

Conservation Commission July 23 

Most of this meeting concerned a new dwelling planned for a parcel on North Main Street adjacent to Devonshire Way and 1882 North Main Street and various field changes were discussed.

Public Hearings:

Continued Notice of Intent – 0 Heritage Lane, Construction of a driveway crossing and single family home: This was continued to the next August 13th.

Continued Notice of Intent – 10 Fire Road 54: This was continued until August 13th.

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: This was continued to the next August 13th.

Continued Notice of Intent – 0 No Main Street (Map 24, Parcel 41.A), Construction of a single family house, driveway and septic system:
Mark Elbag, engineer, of M. A. Elbag Engineering, LLC, for the applicant, said this is a proposed single family house on a lot created in the late 1980s, adjacent to 1882 Main Street, with a culvert under driveway to accommodate an intermittent stream which goes along the road.  The classification of the stream that runs through the culvert is in question as there may be a complication if the stream is in an ACEC and/or considered a riverfront area. Elbag maintained it is an intermittent stream and not a riverfront area. Need a site visit for clarification. Commissioner Brad Stone asked what the Commission looks for performance standards on the riverfront bylaw besides Wetlands Protection Act (WPA) requirements.  Chair Tom Seidenberg asked if Elbag is certain that it is not a riverfront because it is an intermittent stream. Elbag says he is certain and can bring the environmental scientist in to explain his opinion. Seidenberg would apply the performance standards of the WPA. An intermittent stream would be a perennial stream and then the performance standards would apply to that. Seidenberg would be glad to have the expert’s opinion.
Elbag shared the site plans. Stone commented on the wetlands shown on the plans.  He stated that the wetlands when the Devonshire Way subdivision went in adjacent to this property, the wetlands were used as a stormwater management system, which is not permitted under the regulations. There is another stream along the tree line of the property which would put the entire property in a 200 ft. riverfront buffer zone. Elbag would like to the scientist to go through this with the Commission.
Stone thought the site visit would be more useful after some more discovery or determination on the ACEC. Chair Seidenberg agreed. Elbag thought a site visit is warranted to assess the culvert. Seidenberg asked Stone to provide some ideas on the culvert; whether it needs to be more substantial.
The site visit will scheduled after next meeting when the concerns/issues are better understood. The hearing was continued until August 13th.

Request for Determination of Applicability – 24 Farnsworth Way, Cutting and removal of trees:
Kilbourn Tree Service spoke to the tree removal. Stone reviewed the trees by a site visit.  He stated that some of the trees are stressed and need to come down.  These trees are within a 100 ft. wetlands buffer zone. Stone recommended a negative determination. No additional yardwork or other work is included.
The hearing was closed and a negative determination was passed, meaning the work can be done.
 
Notice of Intent – 121 Fire Road 11, Retaining wall replacement and site improvements:
This was continued until August 13th.
 

Discussion:

314 Fort Pond Road plan revisions: Dillis & Roy was not available for this meeting, so the landscape architect, EM Pascarella, from Landscape Elements, LLC, was available to share plans. The request is to remove the tree within the 25 ft. waterfront zone to the Fort Pond. They have planted seven Arborvitaes and also showed stone work with native plant life. There will be native plantings to keep the steep slope down to the pond from moving.  The stairway down to the dock on the pond is to be split to include a landing. Stone would like a site visit, but doesn’t have any problem taking the tree down. He also doesn’t know that arborvitae can be considered “in kind” for the tree. The tree site will be replaced with ground cover and some low bushes. Seidenberg is questioning the movement of the dock and this needs clarity. Seidenberg asked Stone if this is too extensive for a field change. He stated that if the Commission thinks the movement of the dock needs to be a new or amended order of conditions, then this is not a field change. Seidenberg agreed that this project needs a new notice of intent. The field change was denied.
Dillis & Roy will be notified that a new amended order will be required.

35 Holiday Lane plan revisions:
Stone recounted that the site plan from Haley Ward, LLC has been redlined, with an addition of a propane tank, a trench for it and a freestanding wall. This is a proposed field change. The trench is in the buffer zone to White Pond but not the propane tank. The Commission can accept this as a field change but Seidenberg points out that there are trees to be removed, some within the buffer zone. There was conversation via email on the trees in May.  Stone gave permission in May on the trees along with Seidenberg’s approval. This is fine as a field change and Stone will inform them.

Request for Extension Permit – 0 Elizabeth Ln. and 0 White Pond Rd. – DEP File No. 193-0589:
This is continued until August 13th.

Enforcement Order – 397 Center Bridge Road:
No response yet.  There is still a week left in the response time.

Conservation Commission member organization – vote for officers:
Tabled until next week when there are more members available. Seidenberg said he has assurances that the new member would be named at the next Select Board meeting.

Lancaster Board of Appeals July 25

The construction work at 27 Langen Road was approved through special permit.

Minutes of June 27, 2024 and July 18, 2024:
These were tabled until the next meeting to correct errors.

Public Hearing:

16 Harvard Road – Administrative Appeal of Building Inspector’s decision:
Member Jeanne Rich said this has expired since the appeal period has lapsed. A motion to dismiss the appeal was made and approved. Atty Robert Cirillo, for the applicant, said the second appeal was timely filed but not entered on the day it was filed.

27 Langen Rd. – A request for a Special Permit, Pursuant to The Town of Lancaster’s Zoning Bylaw 220 sec 51 ‘Non-conforming Buildings’ to extend an existing legally non-conforming building by adding a new +70 square foot, 2 story mudroom to the existing exterior connecting to the front door of the home. The building is already within the allowed front setback for this district.
After discussion it was determined that the setback of 30 feet would be further violated by a 7 foot intrusion.  This needs a site plan and a special permit. Construction on the stairs was started and two stop orders have been served. Abutters came forward to support the applicant’s construction. The public hearing was closed and the Special Permit was approved.

Board of Health July 30

The Board covered a lot of ground during this meeting, including approving the White Pond development.

Permits:

88 Shirley Road- System upgrade
Failed Title 5 system now has an updated plan with no exceptions. This is all set.

100 Fire Road 11- Distribution Box
This box is a replacement and this should be all set.

White Pond Road- New lot
Chris Anderson, the engineer, presented the plan for the multifamily development. The well and septic are in full compliance with regulations. There will be an occupancy limit of 24 persons imposed on the development so the well is not over subscribed per DEP requirements. This plan was approved.

1312 Main Street- System upgrade:
This will be handled at the next meeting.

Title-5 Inspection Reports:

100 Fire Road 11:
This was handled under permits.

Discussion:

194 Grant Way- Dust/Odor/Noise regulation inspection pending:
All but one pile has been moved.  The owner has said that pile will be moved also. The complainant Kevin and Lori Hinckley are satisfied so far. This will remain on the agenda to make sure all work is done by next meeting.

1263 North Main Street- Septic System install outstanding paperwork (recorded deed notice):
Not yet received.  Bill Brookings, Nashoba Board of Health Representative, has been in contact and the document has been promised. Brookings has been asked to contact again.

696 Fort Pond Road- Proposed warehouse:
Brookings expects a revised set of plans for a septic permit. Resident Gregory Klouda is concerned about zoning which Brookings said is the acreage of the property is more than sufficient for 440 gallons per day per acre.

489 Neck Road- Re-inspection completed on 7/2/2024:
Trailer has removed.

27 Russell Lane- Re-inspection to determine trailer status:
The Board has been unable to re-inspect.

132 Kilbourn Road- Re-inspection to determine trailer status and re-inspect dumpster The Board has been unable to re-inspect.

 700 Fort Pond Rd- United Ag. Turf:
An email had been received from CFO Mike DeMartin. Chair Jeff Paster reached out to Mr. DeMartin on 7/17/2024. Brookings said the work is done but the documentation is still pending. Paster said the documentation needs to be in house within 10 days.  Brookings will tell the engineer, Chris Anderson.

724 Old Union Turnpike- Existing well:
Brookings said a letter has been received from the owner saying a new well was installed in the summer 2023. The property needs both wells to be active. The BOH does not have any objection, will send a letter to the water department to explain the situation and ask if there are any concerns.

Former Fort Devens: 3R of Explosives Safety:
Paster reviewed the letter and card received from Devens on munitions.  The cards supplied will be distributed.

DPH Summer Safety Guidance:
Paster shared a Massachusetts Department of Public Health on summer safety.

BOH trailer & storage inventory:
Supplies are inventoried once a year.  This inventory needs to be scheduled. A date in September will be set up.

Minutes of June 27 were approved.