TOWN OF LINCOLN
MINUTES OF PLANNING BOARD MEETING
Held on July 16, 2008
At 7:30 PM in the Donaldson Room, Lincoln Town Offices
PRESENT: R.Domnitz (Chairman), B. Wolf, J.Craig, K.Hurd ABSENT: J.Snell
STAFF: M.Whitehead, C.Perry
7:30 PM BUSINESS:
Minutes
The Board unanimously approved the minutes of the meetings held on June 18th and July 9th.
Lewandowski, 3 Bowles Terrace
Board members expressed some concerns about the implementation of the fence permit that was approved in September, 2006. The Board agreed to ask the Building Inspector to check on the height of the wall and on whether action was taken by the applicant to ensure that the road surface of Bowles Terrace was suitable for access by fire trucks.
8:00 PM PUBLIC HEARING: LINCOLN FUELS, 170 South Great Road, Map 96/Lot 21, request for sign permit for the gas station under Section 16.
Two representatives from Lincoln Fuels attended. The company has taken a lease to operate the gas station, and requests a sign permit to place its design on the existing pylon sign. The relevant portion of the sign has been blanked out temporarily by reversing the panel.
The signs and lighting for the gas station were approved under a special permit in August 2006. The pylon sign has gooseneck lights. The Board recalled that additional signs were approved and asked if the applicant intends to use any others. Lincoln Fuels representatives responded that they plan to use a sandwich board. They reported that T and F World of Service is still operating its repair business with a sign on the building.
The Board asked about operating hours. Lincoln Fuels said they plan to open from 6:00 AM to 7:00 PM and that the lights on the pylon sign will be off when they are closed.
The Board considered the proposed substitute design for the pylon sign to be acceptable.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Craig, to approve the sign as submitted. Passed 4-0
8:40 PM EXECUTIVE SESSION:
EGENDORF, 10 Tower Road, Map 74/ Lot 24, appeal of Notice of Decision.
VERIZON WIRELESS, Rear of Tracey’s, 0 Bedford Road, Map 29/ Lot25, appeal of Notice of Decision.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Craig, to go into executive session for the purpose of discussing strategy relating to pending litigation, and then to return to open session.
A roll call vote was taken:
Mr. Hurd Yes
Mrs. Wolf Yes
Mr. Craig Yes
Mr. Domnitz Yes
(Minutes of executive session produced separately)
The Board took a roll call vote to go out of executive session:
Mr. Hurd Yes
Mrs Wolf Yes
Mr. Craig Yes
Mr. Domnitz Yes
OTHER BUSINESS:
Discussion items:
1) Building envelopes for Hobbs Brook Farm Subdivision, Reiling Pond Road
Mr. Whitehead reported that an application has been submitted for changes to the building envelopes for lots 6 and 7. The Board has been asked for informal feedback on the submitted plan and an alternative version with slight differences for lot 7. The Board viewed the plans and suggested that it would be helpful to mark the dimensions of setbacks at key points. It considered that the building envelope shown for lot 6 was too close to the nearest point of the lot line bordering lot 7, and suggested that it should not be closer than 20 feet. It was prepared to consider a corresponding reduction in the setback on the other (northeast) side. The Board marked its suggestions on a plan, which Mrs. Perry agreed to relay the applicant.
2) New Cingular Wireless decision for Yagjian site.
Mr. Domnitz circulated a draft special condition concerning the aviation obstruction lighting on the tower. In the event of the FAA refusing a waiver from lighting, this wording is intended to enable the Board to compare the existing red lighting on the tower to the shielded light that is expected to be in place soon on the nearby Sprint/Crown Castle tower, and if the existing lighting seems preferable, to allow it to remain.
3) Revisions to draft lighting guidelines (Mr. Hurd)
This item was deferred.
4) Proposed standard condition for WCF decision to track ownership changes
The Board noted that difficulties have been caused by the transfer or fragmentation of ownerships of wireless communication facilities subsequent to the issue of special permits. It asked Joel Bard, Town Counsel, whether the benefits and burdens of special permits automatically run with the land. Mr. Bard said that this can depend on the wording of the special permit. Mr. Domnitz circulated a draft standard condition to require special permit recipients to notify the Board of any changes in ownership and to clarify that the conditions and renewal obligation applied to the successors. Mr. Bard thought the condition was suitable. Details of the wording were discussed. Mr. Domnitz will produce a revised draft.
Mr. Bard mentioned that special permits should generally be renewed on the same terms as in the past unless there are special reasons for a change. The Chairman explained that light shields are newly available.
Town Planner’s Report:
Watson, 164 Sandy Pond Road
Mr. Whitehead reported that the existing 1950s concrete house that the Watsons propose to tear down has been identified as potentially of historic/ architectural interest. It will be discussed by the Historical Commission.
Carroll School, Baker Bridge Road
Mr. Whitehead reported that the school is preparing to make its application for an addition, which was the subject of a preliminary meeting with the Board on April 16th. The school has some ideas about handling the traffic issue raised by the Board and wishes to know if the Board would like a further preliminary discussion. The Board did not consider this necessary.
Comprehensive Long Range Plan
Mr. Whitehead reported that a Freedom of Information Act request has been received concerning the survey of residents.
Committee meetings:
HATS
The Board noted that a HATS meeting would be held the following day, incorporating a public meeting on the review of Hangar 24 as a historic resource.
The meeting was adjourned at 10:15 PM.
Submitted by Catherine Perry
Approved August 13, 2008
TOWN OF LINCOLN
MINUTES OF PLANNING BOARD EXECUTIVE SESSION
Held July 16, 2008
At 8:40 PM in the Donaldson Room, Lincoln Town Offices
PRESENT: R.Domnitz, B.Wolf, J.Craig, K.Hurd
STAFF: M.Whitehead, C.Perry, J.Bard (Town Counsel)
DISCUSSION OF STRATEGY: EGENDORF, 10 Tower Road, Map 74/ Lot 24, appeal of Notice of Decision.
Copies of the appeal papers and the joint statement for a case management conference were distributed. Joel Bard reported that the case management conference has been rescheduled to Friday July 25th [later rescheduled again to Tuesday 29th - Ed.]
The Chairman asked about the issue of whether the appeal was filed correctly. Mr. Bard said that in terms of the box checked on the cover form, ‘Zoning Board’ is the most relevant to the type of appeal and should probably be taken to cover any appeal made under the Zoning Act. He also explained that when a site plan review is not conducted in conjunction with a special permit, the appeal issues are cloudy. The statutory appeal provision covers decisions of Boards of Appeal and of Special Permit Granting Authorities. There is a theory that the correct route for a complainant is to apply for a building permit, appeal its denial to the ZBA and then appeal the ZBA’s denial to court. Making this argument is an option but it would only serve to delay matters.
The substantive issues were discussed. The Board explained that the tree planting required in the condition is mitigation for tree clearing that is proposed to accommodate the septic system. Such mitigation is normal where views are affected and in this case there is an impact on a designated walking trail that loops around the hill. The septic system is unusually large and its need is triggered by the designation of a high number of rooms in the addition as bedrooms; also the applicant was resistant to the suggestion of conducting new soil percolation tests on the higher, cleared land to see whether current standards could be met there. Most of the old tests were discontinued when the percolation time exceeded the standard that applied then, and so are inconclusive as to the longer percolation time
allowed now. The Lincoln Land Conservation Trust supports the Board’s case. It takes the view that the easement was created some time ago and that circumstances may have changed.
Mr. Whitehead pointed out that one of the stated grounds of appeal is that the condition requires Mr. Egendorf to plant trees upon property which he does not own, but the application itself proposes some planting on such land.
Mr. Bard viewed the sketch that accompanied the decision and suggested that some photographs may be useful, together with a drawing to show the relationship of the trail to the proposed work. The Chairman agreed to ask the LLCT if it could supply this. Mr. Bard said that the case management conference is likely to find a need for a discovery period. He will explain that public trails are an important part of Lincoln’s character and that screening would be a normal requirement.
In relation to the helipad, Mr. Domnitz suggested making the following points:
- It would probably have to be relocated as it is likely to be too close to the house for safety with the addition
- Approval was originally obtained from the MAC with defective information (as the Police Chief would not have had authority to speak to zoning issues)
- Massport may support the Board’s case.
Mr. Bard agreed to email the Board following the case conference.
DISCUSSION OF STRATEGY: VERIZON WIRELESS/ BELL ATLANTIC, Rear of Tracey’s, 0 Bedford Road, Map 29/ Lot25, appeal of Notice of Decision.
Mr. Bard reported that a case management conference was held, for which a joint statement was prepared. Copies were distributed. The parties indicated that they were in discussions to explore potential for a negotiated agreement. The schedule set by the judge is for the plaintiffs to apply for summary judgment in mid October with the aim of a decision in November.
Mr. Bard reported that Mike Giaimo for Verizon said he had talked to Gerry Marquis of Omnipoint and they think the problem is the white light staying on at night. Mr. Whitehead said that this has been fixed but it is not the issue; the Board wants to have the light shielded. Mr. Bard further reported that the company representatives suggest that the Board will not like the appearance of the shield and that “the cure is worse than the sickness.” He has requested elaboration on this point. The Board believes the light has a lens that is intended to help but that it is not totally effective. It feels that the main challenge with this tower is getting Omnipoint involved. Mr. Bard reported that there is an offer for Gerry Marquis or a more technical person to discuss the light and shield with the
Board.
The Board noted that Sprint is intending to install a Towershade shield on a tower on the Yagjian site within sixty days. The Board will be able to view it best once the leaves have fallen, in November. The Board suggested delaying the Verizon case until then, and asked whether it could allow Verizon to go ahead with installing its antennas in the meantime. Mr. Bard advised that a recent change in state law allows a special permit recipient to proceed at risk during litigation. It was agreed to propose a delay until the end of the year. Mr. Bard asked if there are other examples of installed shields in the area in case the appellant does not wish to delay the case; the Board did not know of any but agreed to ask the manufacturer.
A second condition that is being appealed is one that is incorporated from the previous, lapsed permit. It requires planting on an abutter’s land if the abutter wants it. Mr. Bard reported that the appellants say they are guessing that this condition pre-dated the tower construction and is no longer needed. Mr. Whitehead reported that the condition was incorporated without specific reconsideration. The Board agreed to consider it, perhaps with a site walk. Mr. Domnitz pointed out that the original decision that contained the condition was not appealed but Mr. Bard said that fact did not prevent it from being challenged now.
Submitted by Catherine Perry
Approved as amended, September 17, 2008
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