TOWN OF LINCOLN
PLANNING BOARD MINUTES
April 4, 2007
PRESENT: R.Domnitz (Chairman), E.Flint, B.Wolf, K.Hurd, J.Snell
STAFF: M.Whitehead, C.Perry
7:30PM BUSINESS:
ANR PLAN: CAROL CADOGAN, 185 Weston Road, Map 111/Lot 5-12
ROBERT & SHARON ANTIA, 191 Weston Road, Map 111/Lot 5-11
Tim Taylor, attorney, represented Carol Cadogan, the owner of a residential property at 185 Weston Road. The property is for sale and an issue has arisen over the legality of the lot under the zoning bylaw. Although the lot has more than 120 feet of frontage on Weston Road, this width does not extend back to the house in accordance with Section 13.2.2. To remedy the situation, a transfer of land is proposed from the neighboring owners, Robert and Sharon Antia, to make the width 125 feet all the way back. Mr. Taylor said that the conservation restriction would not be affected.
Mr. Taylor requested the Board’s endorsement of the ANR plan depicting the change in the lot line. He provided a letter from George Harris whom he said represented the Antias, but there was no authorization from the Antias. The Board requested submission of a letter from the Antias as the other property owners involved, supporting the request for endorsement of the plan.
OTHER BUSINESS:
Minuteman Commons
Mr. Whitehead distributed copies of a letter from DHCD indicating approval of the affordable housing units for the state’s program. The units are now being marketed.
8:00PM PUBLIC HEARING: NATALIE JEONG, 160 Lincoln Road, Map 95/Lot 6; special permit for a sign under Section 16.5
Natalie Jeong explained that she is a tenant in the lower floor of a building in the B-1 zone and wishes to have a sign for her dentistry practice. An illustration and description of the proposed sign was submitted. Its proposed location is on the brick wall of the building.
The Board asked how the size of the sign compares to a nearby one for another tenant; Ms. Jeong stated that it is slightly smaller. The Board asked if any lighting is proposed. There will be a light above, recessed into the building canopy, as part of the current construction work, but no additional lighting is proposed. The Board checked the length of frontage that the business occupies; this is more than eight feet so sign was found to be within the size limit set by Section 16.5. The Board was satisfied with the design of the sign.
A MOTION was proposed by Mr. Snell and seconded by Mr. Flint, to approve the sign as submitted. Passed 5-0.
8:20PM RECOMMENDATION ON ACCESSORY APARTMENT CONTINUATION: JANE TATLOCK, 80 Winter Street, Map 88/Lot 11, accessory apartment recommendation to Zoning Board of Appeals under Section 14.3.4
Jane and Richard Tatlock attended, and presented further information as requested by the Board. A designated parking space has been marked on a plan. The applicant stated that there is room for five vehicles in total. A plan and an aerial photograph showing the positions of buildings on the site and on adjacent properties were provided. The internal floor layout of the apartment has been shown on a plan. Positions of exterior lights, to be installed if required, have been marked, and a catalog cut provided.
The Board checked the floorspace of the existing house from the property card and determined that it is approximately 3,300sq ft. The Tatlocks said that the internal floorspace of the apartment is approximately 1200sq ft. The Board concluded that the apartment does not exceed 35% of the total floorspace.
The Board noted that the lot is large. Members examined photographs and asked about the slope of the land near the perimeter. The applicant mentioned that there is a six foot fence on the side property line.
The applicant stated that the Board of Health has approved the septic system, installed in 1991, for the pre-existing apartment. The Board examined the letter from the Board of Health, and noted that it refers to a total of four bedrooms. Four bedrooms are shown on the property card for the main house, so the Board thought the septic approval may need to be re-evaluated.
Mr. Hurd commented that the ingress and egress positions for the building looked satisfactory, but wondered if the width may be substandard. The Board asked about the use proposed for the upstairs space; this was stated to be open storage.
Mr. Snell asked about drainage. Mr. Tatlock stated that the barn has a sump pump that directs water around to the back of the building where the land slopes away. The Board was concerned that water may run off the property; this may need to be addressed.
The Board considered that the amount of space available for parking was adequate, but wondered if it was adequately screened. The applicant pointed to the existence of a stone wall on the road frontage.
The Board asked if the main house is ever rented. The owners replied that they go away in summer and offer the house to summer residents, although not on a commercial basis recently. The Board asked how the owners propose to supervise the apartment tenants in this situation; the Tatlocks replied that they intend to choose the tenant carefully, and they intend it to be a caretaker rather than a paying tenant.
Mr. Curren, a direct abutter who had previously supplied a plan and photographs to the Board, attended. He provided a letter setting out points about the history and nature of the apartment situation, and expressing the view that it was detrimental to the neighborhood. He stated that despite the fence, both internal and external lights from the barn are visible from his house; also the fence has gaps. He considered that the apartment could have been better oriented to face the main house rather than the neighbor’s.
A site walk was arranged for Saturday April 7 at 9:00am.
A MOTION was proposed by Mr. Snell and seconded by Mr. Flint, to continue the discussion to May 2 at 8:00pm. Passed 5-0.
8:40PM PUBLIC HEARING CONTINUATION: SUSAN & MICHAEL SALM, 236 Lincoln Road, Map 117/Lot 22-1, site plan review for an accessory structure under Section 17.7.
The applicants had stated at the site walk that they may wish to continue, and they did not attend.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Snell, to continue the hearing to May 2 at 8:20pm. Passed 5-0.
9:00PM DISCUSSION OF DECISION: RURAL LAND FOUNDATION, 145 Lincoln Road, Map 95/Lot 38, Definitive Development and Use Plan Special Permit, South Lincoln Overlay Zone, renovation of Mall and new Post Office/Café complex under Section 12.7.
The Board discussed a third draft of the decision.
Control over the restaurant was discussed. The Board considered that it would be difficult to address detailed issues (in a similar way to in the B-1 zone) without knowing the tenant. It noted that some parameters are set in the application.
The Board discussed whether some provisions of the underlying zoning will still apply to the Mall area. It noted that certain exemptions were requested as part of the preliminary development and use plan submission to Town Meeting, and considered that otherwise equivalent zoning rules would apply. There may be a need for clearer reference to the preliminary development and use plan in the special permit. The Board also discussed what scale of changes would trigger various levels of review: administrative amendment; public hearing for change to the special permit; or Town Meeting vote.
It was agreed that Mr. Domnitz and Mrs. Wolf would liaise, and Mr. Domnitz would draft some conditions to address the issues above.
The need for a Clerk of Works or Assistant Building Inspector was discussed. The Board asked Mr. Whitehead to discuss this with the Building Inspector and Town Administrator.
A condition relating to future transfers of the property was discussed; a majority of the Board considered that a requirement for notification should be substituted for approval.
The discussion was continued to the following week.
OTHER BUSINESS:
Planning Board reorganization
A MOTION was proposed by Mr. Flint and seconded by Mrs. Wolf, to elect Mr. Domnitz as Chairman of the Board for the coming year. Passed 4-0.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Flint, to elect Mr. Snell as Vice Chairman. Passed 4-0.
The meeting was adjourned at 10:25pm.
Submitted by Catherine Perry
Approved June 13, 2007
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