TOWN OF LINCOLN
PLANNING BOARD MINUTES
June 13, 2007
PRESENT: R.Domnitz, B.Wolf, J.Snell, E.Flint, J.Snell
STAFF: M.Whitehead, C.Perry
7:30PM BUSINESS:
DISCUSSION WITH RLF: MALL SPECIAL PERMIT
The Rural Land Foundation was represented by Roger Bergen and Dan England together with Geoff McGean (staff), Ed Nardi (development consultant) and Dan Holmes (attorney). The RLF stated that it had obtained a legal review of the special permit decision that was signed by the Planning Board on May 23 and deposited with the Town Clerk on May 29, and that this indicated that the special permit has some wording that could be interpreted as encumbering or challenging in valuing the property asset, and therefore harm the success of the development. The RLF expressed a hope that the Planning Board would be able and willing to change the wording and issue an amended special permit before the expiry of the twenty day period for a legal challenge. It was established that only a few days of this period remained,
including a weekend, and that the Planning Board’s next scheduled public meeting was after the deadline.
The Planning Board expressed disappointment with the situation in view of its extensive discussion of potential conditions with the applicant. It asked the RLF to amplify the basis of its concern.
The RLF stated that there was no disagreement on the nature of the development to be built and operated initially, but it anticipated that market conditions may change in future and was unhappy with the provisions made for review of certain changes of use within the development. The Chairman stated that the process would only apply to tenants who came in under the special permit provisions and pointed out that for second generation tenants seeking a change outside the approved floorspace ranges, a simple marketing test had been framed in place of a more discretionary review to minimize uncertainty. The RLF said that its concern was limited to the third generation situation; it was unhappy with the idea of returning to the test at this stage after a change had been allowed. Various third generation
scenarios were discussed. The RLF suggested that there might be situations in which a return to the initial use might unsettle other tenants or in which a requirement for Planning Board approval might deter the transfer of a business. The Board had difficulty visualizing a situation in which the condition would be a significant burden.
The RLF’s attorney suggested that the special permit should be more closely matched to the definitive development and use plan as submitted, and limit its constraints to a set of allowed uses and dimensional controls. The Board pointed out that more specific representations about the nature of the development had been made to Town Meeting and that the documents submitted included references to the sizes and locations of different uses. The special permit as issued aims to create clarity while allowing some flexibility. The Board had in mind that the people of the town expressed support for a retail-based mixed use development, not an office park. The attorney suggested that the special permit should be permissive rather than constraining. The Board responded that it allows certain relaxations of the
underlying zoning restrictions and can be expected to apply some constraints as well.
The Board and the RLF were in agreement that they wished to see the development go ahead in its currently proposed form and to be successful. It was agreed that the RLF would propose revised language governing future changes and the Board would consider whether it could accept it as a minor change to the special permit.
8:00 PRELIMINARY DISCUSSION: STANLEY ROWIN/NANCY RIGOTTI, 254 Concord Road, Map 115/Lot 1, site plan review for teardown and reconstruction of single family residence in the R-1 zone under Section 6.0 and 17.7.
Bill Warren, builder, represented the applicants. He introduced the proposal for a new house substantially in the same position as the existing one, on a one acre lot at the corner of Concord Road and Giles Road. The proposal has received demolition approval from the Historical Commission, and will be presented to the Zoning Board of Appeals in two weeks’ time. There are several critical issues and the applicant would welcome the initial reactions of the Planning Board.
Mr. Warren reported that the setbacks are substandard and there are wetlands to the rear of the site so disturbance to the buffer zone is to be minimized. It may be difficult to reuse the old foundation. Several preliminary plans were examined in terms of achieving a desirable orientation for the residents, but the result was a similar placement to the existing house, with an outlook to the east. The septic system will be near the Giles Road frontage. Mr. Warren said that he has discussed the proposal with Conservation staff who are supportive of the current plan. A portion of the house will be in the buffer zone but no more than currently. The plan requires that a few trees will be lost near the house but most can be kept and re-grading will be minimal. Mr. Warren reported that he has spoken to
neighbors and they have no objection.
The Board asked about the floorspace proposed. It was described as a small increase on the first floor and addition of a partial second floor. Mr. Snell commented that the design was not over-imposing. It was established that the site is in an area of modest sized homes of varied architecture.
Lighting was discussed. The Board preferred the idea of carriage lights to flood lights, and suggested that one in the middle of the garage doors and two by the rear doors would be sufficient.
The driveway was examined. Mr. Warren stated that the paved area will be further from wetlands than now, and that visibility for egress from the driveway is good. Existing trees will screen the garage. The driveway will be almost flat and the first floor will be set slightly lower than currently. The rear deck will still be a little elevated above the yard.
The Board asked about drainage. Mr. Warren reported that there are no problems in the current situation. The site drains towards the wetlands. The deck will be permeable. The Board stated that run off must be handled within the property.
The Board responded favorably to the design, which it considered to be “on the right track”. It suggested that some shrub planting may be desirable on the Giles Road frontage.
OTHER BUSINESS:
Salm, 236 Lincoln Road
The Board signed the decision approving a site plan for an accessory building. The Chairman signed a letter to the Building Inspector approving a minor change to the house.
Open Space Plan
The draft plan had been circulated. The Board was impressed with the work that had been done for the plan. It welcomed the incorporation of a recreation element. It recognized that the format has to meet State requirements.
Some members had more detailed comments. Mrs. Wolf pointed out that a need for parking for trail access is recognized but is not included in action items. She noted that the plan suggests finding land for a community building and creating an artificial turf soccer field. She considered that some of the goals were rather bland but others were more meaningful.
Mr. Snell suggested that the Board may want to take a look at some statements or discussions in the plan that have broad implications:
· A statement that Lincoln is defined by open space, historic homes and woodlands;
· A reference to a “disturbing trend” towards mansionization;
· A discussion of controls used to manage growth (the points made about septic systems and water controls are interesting looking forward);
· Clearance of invasives;
· A reference to “green building”(this may need clarification and may suggest action elsewhere).
Mr. Hurd had some concerns arising out of the earlier timeframe for the Open Space Plan, compared to the remainder of the Comprehensive Long Range Plan. He wished to ensure proper discussion of the interrelation with other elements.
The Chairman suggested compiling a list of points to discuss further.
Zarella, cabin, Cambridge Turnpike
Mr. Domnitz mentioned that he is an abutter to this proposal. The Board agreed that Mr. Snell will act as Chairman for this item on next week’s agenda.
Board of Health – septic issues
The Planning Board briefly discussed the minutes of a recent Board of Health meeting.
Town Planner’s Report:
Gas station, Route 117
The Board agreed that new signs for the gas station, following its change of ownership, could be processed as a minor change to the special permit.
The Board noted that it may wish to consider a future zoning bylaw change for signs in the business districts to be by a sign permit rather than a special permit.
Boynton, 3S Building, Lincoln Road
Mr. Whitehead reported that he had not succeeded in contacting Mr. Boynton for a discussion with the Board. The spotlights at the building were removed but there are a large number of floodlights.
Minutes
The Board voted unanimously to approve minutes of previous meetings as follows:
March 21 – Approved subject to clarification of abstention on final motion
April 4 – Approved as submitted
April 11 – Approved as submitted
May 2 – Approved with amendments
The meeting was adjourned at 10:45pm.
Submitted by Catherine Perry
Approved July 25, 2007
| 
