The most impactful discussion revolved around the management and notification processes for properties under Massachusetts General Laws Chapter 61, which covers land designated for agricultural, forestry, and recreational use. A suggestion was made to create a database to proactively track these properties before formal applications to remove them from Chapter 61 status are submitted. This would help the board avoid unexpected requests and ensure better preparation for decision-making. It was noted that this information should be accessible through Geographic Information Systems (GIS), and the town’s updated open space recreation plan, last revised in 2021, likely includes a list of parcels under the relevant chapters.

A member emphasized the need for timely notifications to the Planning Board concerning requests for property releases, stating, “It should be the practice that as soon as the office receives notice… that [the board] be notified.” The board expressed a desire for more efficient communication to ensure they are promptly informed, typically via certified mail. This led to reflections on past discussions about streamlining the process for handling Chapter 61 properties and the importance of joint meetings with the Open Space Committee, which had not yet materialized.

There was a clarification on how properties enter Chapter 61 status, involving an application process generally managed by the assessor’s office. Responsibilities of landowners under Chapter 61, such as avoiding letting agricultural fields go fallow, were also discussed, with an example of a family farm facing potential declassification due to not cutting hay.

The urgency surrounding right of first refusal notifications was debated, with members recalling instances where decisions felt rushed due to impending deadlines. Despite legal timelines allowing for thorough consideration, the sentiment was that the processes often seemed expedited. The need to understand their rights and the processes involved in these situations was emphasized.

Further along, the board reviewed legal advisories related to the Affordable Homes Act, which will necessitate amendments to local zoning bylaws concerning accessory dwelling units. Significant changes include the removal of the requirement for owners to live in one of the units. These changes take effect in February 2025, giving the board a limited timeframe to adapt. The state’s legislative changes often leave communities with vague guidelines, necessitating collaboration with the town council to establish a framework that aligns with the new regulations. Questions arose about the potential administrative burden created by these new rules, recognizing the complexities involved in adapting local practices to comply with state mandates.

The discussion about accessory dwelling units highlighted the ongoing tension between state regulations and local governance.

The board also addressed the certificate of completion for a property on Mass Ave. Greg Roy from Dson Roy presented the case, noting that review comments from Graves Engineering were mostly minor. The approval was sought for the ASO plan, with discussions about the project’s elevation revealing that the height had been increased by one foot due to groundwater concerns. The new height remained under the 38-foot limit, with changes in construction materials leading to a lower roof pitch compared to the original plans.

Inquiries about feedback from the Building Commissioner revealed that the building permit had already been signed off, allowing for further occupancy approvals as individual units were sold. Richard raised a point about the bank’s requirement for a certificate of completion on the stormwater for a property on Mass Ave before any units could be sold or occupied. The engineer confirmed that the major stormwater basin had been completed, and additional features related to stormwater management were constructed. Sedimentation issues caused by heavy rainfall and construction activities were being addressed as needed, with ongoing maintenance part of the stormwater management plan.

The need for better communication with advisory boards was another key topic. Concerns were raised regarding the right of first refusal process, especially in light of a recent incident involving 20 Kilburn Street and the Open Space Committee. Although the Planning Board is statutorily required to be notified, advisory boards like the Open Space Committee are not included in this requirement. The board discussed the need for established procedures to ensure that advisory boards are promptly informed about relevant matters.

Lastly, the board touched on various committee reports, with updates from the Master Plan Steering Committee, the Open Space Committee, and the Municipal Building Design Committee, among others. The Economic Development Committee shared details about the upcoming “Meet Lunenburg” event on September 26 at Low Places Ranch. The Massachusetts Regional Planning Commission (MRPC) meeting was also reported on, noting discussions surrounding Nooba Valley and the involvement of Senator Cronin. Public comments were invited but yielded no responses, leading to discussions about future municipal staffing and the meeting schedule.