TOWN OF LINCOLN
PLANNING BOARD MINUTES
January 3, 2007
PRESENT: K.Hurd (Chairman), E.Flint, B.Wolf, R.Domnitz, J.Snell
STAFF: M.Whitehead, C.Perry
7:30PM RECOMMENDATION TO ZONING BOARD: LINCOLN PUBLIC SAFETY DEPT, 0 Bedford Road, Map 45/Lot 11, recommendation to replace 38’ emergency radio system tower with new 100’ tower under Section 6.2.b.
Arthur Cotoni (Fire Chief), Kevin Kennedy (Police) and Anita Scheipers (Assistant Town Administrator) attended. They explained that the Public Safety Department wishes to replace its existing radio transmission facility on the water reservoir site in the R-1 district, with a taller tower. Mr. Whitehead stated that the proposal falls in the category of ‘use of land or structure by a public utility or by the Town’, requiring the permission of the ZBA with a recommendation from the Planning Board under Section 6.2 b. The Board thought the relevant considerations would be similar to a private cell tower.
The existing facility was described as a 38ft telephone pole with a cross-pole and a number of aerials, and the proposed replacement is a 100ft lattice tower, similar to the Town’s tower on the Public Safety site. It will still have a cross-pole and aerials.
Ms. Scheipers explained the background to the proposal, which is that there have been repeated failures with the present radio system that is used to coordinate public safety personnel, due to a variety of hardware problems. Mr.Cotoni stated that the signal is currently poor and that coverage has been more limited since the radio band system changed in recent years. A consultant hired by the Town determined that a 100ft tower is needed to achieve proper coverage. A visual test has been conducted using the ladder truck (115ft high including the height of the turntable). The applicants stated that this showed there was no visual impact. Photographs were supplied. An application has been made to the FAA for a determination of whether a light is required, and for a waiver if there is such a requirement. Failing that, the applicant proposes a
shield. The Board asked the applicant to liaise with them on any correspondence with the FAA. There is a generator on the site, which the applicants said has not caused any complaints. There will be public advertisement and abutter notification for the ZBA hearing, but in addition the applicants are sending a letter to neighbors encouraging comments and questions.
The Board considered that visual impact would be the key issue, especially if a light is needed, as this is a dark area with houses nearby. They thought a second ladder test, with abutter notification, would be desirable. The Board did not consider the level of emissions likely to raise a safety issue. The Board requested a copy of the consultant’s report. The Board asked if alternative locations or systems had been considered. The applicants confirmed this, but said that a distributed system of smaller facilities would be more complicated and expensive.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Hurd, to recommend that the proposal be approved only if: a 100ft test establishes that there will be no visual impact; the FAA does not require lighting (or a waiver is obtained); and a proper drawing and site plan are submitted. Passed 5-0.
8:00 PRELIMINARY MEETING: PETER LEE/LAWON SUH, 31 Mill St, Map 20/Lot 3, preliminary discussion for site plan for teardown and reconstruction under Section 17.7
Peter Lee attended with Tim Taylor, attorney. The applicant’s hearing for a special permit has opened before the Zoning Board of Appeals, and the ZBA has indicated that it would find it helpful to have some preliminary comments from the Planning Board. The proposal will come before the Planning Board for a formal site plan review in due course. The ZBA has to address non-conformity issues. The site has an existing small house that is very close to the side lot line, and a number of accessory buildings. The owner wishes to replace the buildings on the site with a larger house.
Mr. Taylor stated that the applicant’s initial proposal was demonstrably too large and that the current proposal is of a lesser size. It totals 6,382sq ft. Site planning is constrained by the fact that the lot is long and narrow and part of it includes wetlands. A recently constructed septic system may also be a consideration from the applicant’s point of view. The ZBA needs to consider whether a reconstruction should be required to be partly on the footprint of the old house.
The Board commented that the house plan as currently proposed presents a large frontage to the road, and it may not be positioned in the optimum way on the site. Simple rotation may not be a solution without significant redesign. Better site plans might be achieved with a partial rotation or an L-shaped building, and the latter in particular might reduce the impact on the neighborhood. Some flexibility would assist the prospect of achieving a satisfactory layout.
A MOTION was proposed by Mr. Domnitz and seconded by Mr. Flint, to recommend to the Zoning Board of Appeals that a special permit be allowed for construction of a house over a portion of any of the major accessory structures on the site, to allow some flexibility in the positioning of the house pending site plan review. Passed 5-0.
8:20 DISCUSSION OF DECISION: SPRINT WIRELESS, 37 Cambridge Turnpike, Map 24/Lot 1, special permit and site plan review for change and expansion of equipment on an existing wireless tower under Section 12.6.
The Board discussed the draft decision and made a minor amendment to a special condition referring to submission of ‘as built’ plans.
A MOTION was proposed by Mr. Hurd and seconded by Mrs. Wolf, to approve the special permit subject to conditions as set out in the decision. Passed 5-0.
The Board signed the decision.
8:40 RECOMMENDATION TO ZONING BOARD: SEJFI PROTOPAPA, 2 Lewis St, Map 95/Lot 32, recommendation for business office use in the B-2 zone under Section 10.2.
Mr. Protopapa attended. He is asking for permission from the Zoning Board of Appeals for a new use in the Lexia building, in the B-2 zone, which needs a recommendation from the Planning Board. The new tenant is the Truman Company which is an executive search/relocation company. Mr. Protopapa said this was similar to the previous professional office use. No change is proposed to the exterior of the building. Mr. Whitehead observed that parking provision is adequate.
A MOTION was proposed by Mr. Snell and seconded by Mrs. Wolf, to recommend approval of the proposed use to the Zoning Board of Appeals. Passed 5-0.
OTHER BUSINESS:
Hobbs Brook Farm, Reiling Pond Road
The Chairman signed a letter approving the request for a reduction in the bond.
Rogers, 16 Weston Road
The Chairman signed a letter recommending approval of the accessory apartment to the ZBA.
Brooks, 39 North Great Road
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Flint, to go into Executive Session to discuss pending litigation.
Voted: Mr. Hurd yes
Mr. Flint yes
Mrs. Wolf yes
Mr. Domnitz yes
Mr. Snell yes
A MOTION was proposed by Mr. Snell and seconded by Mr. Hurd to go out of Executive Session.
Voted: Mr. Hurd yes
Mr. Flint yes
Mrs. Wolf yes
Mr. Domnitz yes
Mr. Snell yes
Omnipoint, Farrington Memorial, 295 Cambridge Turnpike
The balloon test has been arranged for Saturday January 6 from 8:00 to 12:00am, with Sunday as the reserve date in case of unsuitable weather. The site walk has been posted for 10:00am.
Proposed changes to Zoning Bylaw
Mr. Whitehead had compiled the changes suggested to date as three potential articles for Town Meeting: institutional exempt uses, wireless communication facilities, and miscellaneous.
The Board made some minor amendments. The wording under Section 16.6 (r), relating to lighting on cell towers, was discussed and Mr. Domnitz agreed to research it further. Under the signs bylaw, the addition of a location for community event signs in North Lincoln was supported.
Two further suggestions have been put forward. Under the cluster development bylaw, a suggested change to the mechanism for open land conservation was supported. Under the signs bylaw, a change to clarify that the Board has discretion to allow signs not specifically listed was considered and will be discussed at a future meeting.
Mr. Domnitz suggested a minor amendment to the definitions section, relating to calculated gross floor area; it was agreed to propose deletion of the word ‘portion’. Sections 4.4 and 4.5, relating to non-conforming uses and structures and protected lots, were also discussed. It was agreed to propose a clarification to Section 4.5 by inserting ‘residential’ between ‘non-conforming’ and ‘lot’.
Mullin Rule
Mr. Whitehead reported that the Conservation Commission favors adopting this rule, and other Boards may be interested. The Board reviewed the recommended motions.
New Applications
Mr. Whitehead distributed copies of Omnipoint’s application for a special permit at the DeCordova museum site, and the RLF’s definitive development and use plan for a special permit under the South Lincoln Planned Development District no.1.
Minutes
September 20 - approved with amendments
October 4 - approved with amendments
October 11 - approved with amendments
The meeting was adjourned at 10:55pm.
Submitted by Catherine Perry
Approved as amended, April 11, 2007
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