TOWN OF LINCOLN
PLANNING BOARD MINUTES
December 14, 2005
PRESENT: K.Hurd (Chairman), R.Domnitz, E. Flint, D.Ries, J.Snell
STAFF: M. Whitehead, C. Perry
7.30. BUSINESS
Report of Neighborhood Conservation District Study Committee
Joel Freedman and Ruth Wales reported on the work of the Study Committee and presented a draft Neighborhood Conservation District By-law. They explained the origins of the work in concern from Browning’s Wood and some other areas to protect the character of neighborhoods – not to freeze them historically but retain certain characteristics. The draft by-law is an enabling one, setting out a process by which NCDs can be proposed and created, with flexibility in the details to be controlled. The study committee members explained that it was designed to allow plenty of opportunities for residents’ views to be aired before an NCD was designated.
The Board discussed the draft by-law, including how it compared to the Cambridge model; which areas of town it might be suitable or unsuitable for; how the timing of the designation process might relate to an individual controversial development proposal; how the existence of an NCD would come to the attention of a prospective house purchaser; and appeal arrangements. Suggestions for the study committee were to look at whether any guidelines were needed to cover conflicts of interest (when a committee member is closely affected by an application for a Certificate of Compatibility) and whether there should be a time limit on the life of a certificate.
The chairman congratulated the study committee on its good work.
It was agreed to progress the new by-law by setting a public hearing for January 18. It could potentially be sponsored at Town Meeting jointly by the Planning Board and the Historical Commission. A placeholder would be needed in January.
8.30. BUSINESS
Report of the Accessory Apartment Taskforce
Ellen Meadors (Board of Assessors) and John Kimball (ZBA) attended for this item.
Mr. Domnitz had drafted a change to Section 14.3.11 of the Zoning By-laws to administer a cap on the total number of accessory apartments in town. This would require good records of active Special Permits, which are issued by the ZBA. Difficulties with the data sources and tracking were discussed. It was reported that at one time the accessory apartment by-law had used a percentage cap but this had proved unworkable. Figures for affordable housing units and total units are used by the State for calculating the town’s position in relation to the 10% affordable housing target. Although some accessory apartments may be affordable in practice, they do not currently meet the State’s requirements to be counted. All accessory apartments are likely to add to the denominator (provided they are counted as separate
households in the US census).
The benefits and problems of accessory apartments were discussed, together with the workability and likely consequences of a cap.
It was agreed that Mr. Domnitz would re-draft the proposed change to make the cap an annual rate of one or two new special permits per year, perhaps with a waiting list to be operated from abandoned permits.
Mr. Kimball mentioned that the ZBA was having problems with some confusing language in the current by-law. The Board encouraged him to draft clarifying changes.
OTHER BUSINESS
Discussion of possible zoning changes:
a. Sign By-law – Section 16
John Kimball attended for this item.
A re-draft of the signs by-law, produced by Mr. Domnitz, was circulated. He felt it was now satisfactory, except for the possible question of guidance for the Building Inspector in 16.3 (c). He explained that most of the changes were for clarification only; the only substantive change was in relation to temporary signs which would now be allowed for 14 days with the approval of the Building Inspector.
It was agreed to change references to ‘subsections’ to read ‘sections’, and to revive the old wording from section 16.5: ‘detrimental to public safety and welfare….Zoning By-law’.
It was agreed to progress the by-law change with these amendments. Mr. Whitehead will insert them and check with Mr. Domnitz then circulate. A hearing will be scheduled for January 18.
b. Lot Coverage – Section 13.3
Mr. Whitehead distributed copies of a draft change. It was agreed to put this forward, with a public hearing to be scheduled for January 11.
Inclusionary Zoning By-laws Rules and Regulations
A draft of Rules and Regulations to apply the inclusionary zoning by-law, with some legal refinements marked, had been circulated.
The Board discussed section 3 c. 4), relating to size requirements where the developer chooses to renovate existing housing as affordable units. It was agreed to substitute ‘units’ for ‘property’ and add discretion for the Board (including to allow a greater number of units).
Master Planning
Mr. Whitehead distributed copies of ‘Sustainable Sudbury – Master Plan 2001’ and offered to contact Sudbury about a speaker if the Board was interested. He suggested that if the Board wished to go ahead with a master planning exercise they might request funding for consultants at Town Meeting or make a start and then consider the need for consultancy work. The Board asked whether the Land Use Reform Act was likely to change during the course of any work but Mr. Whitehead thought not. The Chair asked if such plans are subject to review by a higher body and Mr. Whitehead indicated there is some State review.
The Board agreed to peruse the Sudbury plan and consider what things would be useful or otherwise in a Master Plan.
Town Planner’s Report
Mr. Whitehead distributed copies of items for the next meeting, together with a list of agenda items for the next few meetings and a new meeting schedule running up to May, 2006.
The meeting was adjourned at 10.45pm.
Submitted by Catherine Perry
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