TOWN OF LINCOLN
PLANNING BOARD MINUTES
August 15, 2007
PRESENT: R.Domnitz (Chairman), E.Flint, B.Wolf, K.Hurd, J.Snell
STAFF: M.Whitehead, C. Perry
7:30PM: BUSINESS:
Minutes
The Board voted to approve the minutes of previous meetings as follows:
July 11 – Approved as submitted (5-0)
July 25 – Approved as submitted
(4-0; Mr. Snell did not vote as he was absent on July 25)
August 1 – Approved with amendments (5-0)
Husain/ Sahai, 9 Reiling Pond Road
Mr. Whitehead reported that he has received final drawings as required for the site plan approval for a house. The Board signed the decision.
Minuteman Commons, Virginia Road
Mr. Whitehead reported that he has met with the Chief Operating Officer for the Mayo Group. The condominium units are being marketed and so far, six affordable units and only one market rate unit have been sold. The price of the market rate units has been reduced but buyers are reported to be scarce. The Mayo Group representative asked about the possibility of having the over 55 age restriction removed. Mr. Whitehead explained to him that this would need a two-thirds Town Meeting vote, and that the Town Meeting had previously wished to avoid an increase in school enrollment (beyond that resulting from the affordable units where state rules apply). He suggested that the owners have discussions with the Housing Commission.
A further suggestion put forward by the Mayo Group was to be allowed to rent out the units temporarily, without an age restriction. The Board was unsympathetic to a relaxation of the occupancy condition.
The Chief Operating Officer also said that the Mayo Group was in the process of buying out the co-owners, Morganelli and Hendren. Mr. Whitehead advised him that there is a clause in the special permit regarding changes in ownership; this will need to be checked.
8:00PM PUBLIC HEARING: PROPOSED AMENDMENT TO RURAL LAND FOUNDATION’S MAY 23, 2007 SPECIAL PERMIT DECISION, 145 Lincoln Road, Map 95/ Lot 38, renovation of Mall and new Post Office/ Café complex under Section 12.7
The Chairman reviewed the situation. The special permit was signed on May 23 and was deposited in the Town Clerk’s office on May 29. Within 20 days, the RLF filed a legal appeal asking for various modifications to the conditions. It was agreed to narrow the suit to special condition #4 dealing with changes to the initially proposed set of uses, and the case has been remanded back for consideration by the Planning Board. A revised version of the condition is being put forward.
The Chairman outlined the differences between the original and proposed special condition #4. These concern the detail of procedures that the Planning Board would apply to any proposed deviations from the floorspace ranges approved for each of the allowed use categories on the first floor. The condition has been broken into five parts (A-E).
4A deals with the initial occupancy situation; here, deviations from the ranges would require a public inquiry with the Planning Board. Under the proposed amendment, for the grocery and general retail categories, the Board would apply a test of ‘hardship that outweighs the public interest in maintaining strict compliance with [the] ranges’ and for the offices and restaurant or transportation terminal categories, the Board would apply a test of ‘good cause’. Any deviations approved at this initial stage would be permanent.
4B deals with subsequent occupancy. A marketing test is to be satisfied for deviations to be allowed at this stage. The proposed amendment creates a wider window of time for this marketing test.
4C states that deviations allowed under 4B only continue until there is a change of tenant, at which point the marketing test would be repeated. The proposed new wording adds an exception to allow a business to be sold as a going concern without going through the marketing test.
4D addresses a potential future situation where the supermarket has ceased to exist and other uses have been allowed to occupy the space, then part of it becomes available again. The proposed clause allows a proponent to seek relief from the marketing test with a finding of good cause.
4E as proposed makes it clear that deviations allowed after initial occupancy would be regarded as insubstantial changes to the special permit and therefore not require formal special permit procedures or Town Meeting approval.
There was no discussion or public comment.
A MOTION was proposed by Mr. Hurd and seconded by Mr. Flint, to close the public hearing. Passed 5-0.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Flint, to approve the proposed amendment. Passed 5-0.
The Board signed the decision on the amendment to the special permit.
OTHER BUSINESS:
Legatt/ McCall office proposal, Arshad property, 160 Old County Road (Map 90/ Lot6)
The Selectmen are reconvening the At Risk Properties Committee, to look into the potential development of this property, with a similar methodology to the previous site studies. The site is an 8.6 acre parcel on the corner of Winter Street. The committee is expected to start work in the fall, and the Planning Board has been asked to nominate a representative.
It was agreed that Mrs. Wolf would represent the Board on the committee, with Mr. Hurd providing back up.
Land Use Permitting Guide
Mr. Hurd had drafted some changes to the Questions section of the draft Guide. The Board reviewed the suggestions and finalized some changes.
Brooks, 39 North Great Road
Mr. Whitehead reported that a new application has been received for a revised house. The hearing is scheduled for September 5.
The Board asked Mr. Whitehead to check whether the Brooks have made a new application for a septic system based on the new plans, and whether the number of rooms has changed.
Boynton: Subdivision of Herthel land, South Great Road/ Concord Road;
3-S building, Lincoln Road
Mr. Whitehead has had discussions with Nick Boynton. Mr. Boynton is interested in developing the Herthel land as a cluster subdivision.
Mr. Whitehead asked about the lights installed on the 3-S building. Mr. Boynton said they are on a timer that shuts off at 9:30pm.He also stated that he would like to add a shed to the back of the building for storage for an office tenant.
A discussion with Mr. Boynton will be scheduled for the Board’s September 12 business meeting, to cover all three items above.
Mr. Snell mentioned that he believes there may be a requirement for the 3-S building to provide shelter and parking for rail passengers; Mr. Whitehead was asked to investigate this.
CLRP Consultant Appointment process
Mr. Whitehead mentioned that the interviews for consultants for the Comprehensive Long Range Plan would be held the next day. The evaluation will be qualification-based. Cost will be examined afterwards, but the candidates are aware of the amount of money appropriated by Town Meeting. The Steering Committee meets on Tuesday evening and if it recommends an appointment, a Planning Board vote will be needed.
The Board agreed to have a joint meeting with the CLRP Steering Committee on Tuesday August 21 in order to hear the discussion and to vote on any recommended appointment.
Report from Land Use Group
Mr. Whitehead reported that the Conservation Commission is dealing with many of the same sites as the Planning Board, plus some additional ones. He ran through the current workload of the Historic District Commission and the Zoning Board of Appeals.
Public Safety Wireless Communication Tower, Bedford Road
Copies of a letter from the Board of Selectmen to the ZBA had been distributed. This letter explains the current intention to replace the old tower with a new one limited to 40ft. The Planning Board felt that the proposal should be properly scrutinized. Mr. Domnitz agreed to speak with the ZBA Chair.
Potential Zoning Amendments
It was agreed to schedule further discussion for the September 12 meeting.
Wind Power
Mr. Snell had circulated copies of a draft model bylaw prepared by the State on this topic. It relates to large developments of a commercial scale rather than smaller domestic facilities, but it provides a few useful pointers to relevant issues. Further discussion will be scheduled.
The meeting was adjourned at 9:40pm.
Submitted by Catherine Perry
Approved September 5, 2007
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