TOWN OF LINCOLN
PLANNING BOARD MINUTES
February 21, 2007
PRESENT: R. Domnitz, J. Snell, B.Wolf
STAFF: M. Whitehead, C. Perry
Mr. Domnitz chaired the meeting.
7:30PM ZONING CHANGE PUBLIC HEARING: Sections 6.1 (g), 9.1 (h), and 19.1 (e), site plan review for religious or educational uses.
Mr. Domnitz introduced the proposed Town Meeting article for changes to the zoning bylaws governing certain institutional uses that are entitled to request some exemptions from zoning under Massachusetts General Laws. Mr. Whitehead explained that the proposed changes to Lincoln’s zoning bylaws are aimed at providing a clear mechanism for these types of proposals to come before the Town. They do not change the law, and the applicants will still be able to ask for the relevant exemptions.
The Board discussed whether these proposals would be treated less favorably than town museums and libraries, and concluded that they would not.
In Section 19.1 (e) 2), the Board decided to propose deleting “and determine” in the first sentence, for clarity.
Susan Mygatt, a town resident, suggested that the bylaw should make it clearer that if a relevant institutional use does not want any exemptions, it does not have to come in for site plan review. In the first paragraph of Section 19.1(e) she suggested inserting “each of” before “the above listed development regulations” in the new portion of wording.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Snell, to close the public hearing. Passed 3-0.
7:40PM ZONING CHANGE PUBLIC HEARING: Sections 12.6.4 and 12.6.6, wireless communications bylaw changes regarding FAA notification.
Mr. Domnitz introduced the proposed Town Meeting article for changes to the zoning bylaw governing wireless communication facilities. On the section concerning correspondence with the Federal Aviation Authority, Mr. Whitehead reported that Town Counsel wondered if fourteen days was too long a period to require for advance notice of a submission to the FAA. The Board considered that the provision for a waiver covered the potential need for more speed.
Mr. Snell suggested that the lead-in paragraph should include reference to the other proposed changes such as the noise condition.
A MOTION was proposed by Mr. Snell and seconded by Mrs. Wolf, to close the public hearing. Passed 3-0.
7:50PM ZONING CHANGE PUBLIC HEARING: Sections 6.3, 6.5, 12, 12.7, 16.2, 16.5 and 23, clarification and technical changes to the bylaw
Mr. Whitehead explained that the changes set out in the proposed Town Meeting article are mostly aimed at simplifying or correcting the language or making it more consistent within the bylaw; however items 5, 6 and 7 dealing with signs raise issues of interpretation and intent.
The Board recalled that the signs bylaw had been revised the previous year, with a restructuring to simplify the previously convoluted language. They agreed that there was a remaining problem with a lack of clarity in Section 16.5. Mr. Whitehead and Mrs. Wolf advised that the current subsection b) that begins “In granting a special permit for a sign…” was intended to apply across the whole town, but that it was less than clear to a reader because it followed subsection a) dealing with signs in business districts. Looking at the proposed new version of this section, the Board discussed the use of the phrase “other signs” in subsection a) and was concerned that this relied for its meaning on the preceding sections, therefore it could not stand alone. Susan Mygatt suggested substituting “All signs not
described in Sections 16.2, 16.3 and 16.4…” and the Board thought this resolved the issue. The Board affirmed that title of the section, “Signs requiring a special permit from the Planning Board and a permit from the Building Inspector” was to be kept.
The wording on signs in the business districts was discussed. Susan Mygatt suggested that the reference to Planning Board approval was superfluous, as sign design was covered in the next section of the bylaw.
The Board affirmed that the general intention of the sign bylaw was to allow people to ask for any sign through a special permit, and to recognize that residential accessory signs are allowed by right. The Board agreed to consider the detailed wording further.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Snell, to close the public hearing. Passed 3-0.
8:00PM ZONING CHANGE PUBLIC HEARING: Section 6.6.2 (h) iii, permanent conservation restriction on open land within new cluster developments
Mr. Snell introduced the proposed Town Meeting article for a change to the zoning bylaw governing cluster subdivisions. The change was originally suggested by Ellen Meadors, with the intention that conservation land should be more clearly identified. The suggestion arose out of the ongoing review of conservation land. It would require a conservation restriction to be created for land held by an association.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Snell, to close the public hearing. Passed 3-0.
8:10PM PUBLIC HEARING: Town meeting acceptance of Mullin Rule allowing members of adjudicatory boards to miss one meeting and still vote on a project provided the member certifies that they have watched video, listened to audio, or read transcripts of the meeting they missed.
Mr. Domnitz introduced the proposed Town Meeting article for acceptance of a rule made available by Massachusetts law, which allows one member of an adjudicatory board to miss one session of a hearing and still vote. He explained that boards will still need a quorum and that the absent member must review the proceedings. Four boards are interested in having this provision available. Mr. Domnitz mentioned that the Planning Board needs four votes on some of the matters before it, and some hearings require multiple sessions, so the rule would help with scheduling. The problem of election changeovers was discussed; the rule would not help with this.
Susan Mygatt asked if other towns had adopted the rule. Mr. Whitehead replied that some had, and some had voted against it.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Snell, to close the public hearing. Passed 3-0.
8:20PM PUBLIC HEARING CONTINUATION: AMJAD HUSAIN AND INDERNEEL SAHAI, 9 Reiling Pond Road, Map 33/Lot 11-5, site plan review for a new single family residence under Section 17.7.
The applicant or their agent did not attend.
A MOTION was proposed by Mr. Snell and seconded by Mr. Domnitz, to continue the hearing to March 7 at 9:00pm. Passed 3-0.
OTHER BUSINESS:
Minutes
The Board voted unanimously to approve the minutes of previous meetings as follows:
November 1 – Approved with amendments
November 8 – Approved with amendments
November 13 – Approved
November 15 – Approved
Omnipoint/ T-Mobile, Red Rail Farm
Mr. Domnitz reported that the Zoning Board of Appeals is considering an application for a variance for a wireless communication facility. There are legal issues concerning the application of the Federal Telecommunications Act versus the Zoning Bylaws. The Board felt that a preferable approach would be for Omnipoint/ T-Mobile to explore alternative approaches to achieving coverage and engage the Town in discussion.
The meeting was adjourned at 8:45pm.
Submitted by Catherine Perry
Approved as submitted May 9, 2007
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