The Town of Lincoln, MA - Planning Board Minutes

The Board reviewed a draft decision notice for the denial of an amended fence permit for the stone wall. It was agreed that the Chairman and Mr. Whitehead will re-draft the decision notice, including a recommendation to the Building Inspector of appropriate enforcement terms.

The Board reviewed a draft letter to the Building Inspector conveying its approval of the Post Office flagpole. It added a note that the flagpole will not be illuminated. The Chairman signed the letter.

8:00 PM PUBLIC HEARING CONTINUATION: CARROLL SCHOOL, 25 Baker Bridge Road, Map 55/Lot 5, site plan review for new classroom structure under Sections 17.0 and 19.1e.

The Board received a letter from the Carroll School stating that for economic reasons it has decided to put the project on hold, with the hope of resuming the process in the summer of 2009. Steve Wilkins, Head of School, attended to discuss the situation.

The Board noted that most aspects of the project have been reviewed to the point where they could support an approval subject to conditions. However, the management of storm water is a remaining issue; the Board is unhappy with the proposal for a drainage system with gabion baskets near the road frontage, due to the extensive tree clearing required. The engineers had indicated a willingness to examine alternatives. Mr. Wilkins explained that design work has been suspended at this point and asked if the Board would be prepared to grant approval for the project on the basis of the plans and amendments submitted to date, subject to the remaining storm water issue being satisfied prior to issuance of a building permit. Mr. Whitehead noted that if a decision was made to approve the site plan, it would be valid for 18 months.

The Board had reservations about approving the site plan with this issue unresolved, partly because it could interact with other elements of the site plan. It indicated that it would be prepared to keep the hearing open for a reasonable period of time provided that new public notice is given when the matter is resumed. Mr. Wilkins asked if the Board would be prepared to draw up a statement recording its position on the site plan review to date. The Board was agreeable to this suggestion. The Town Planner and Chairman were designated to draw up a draft memorandum.

Mr. Domnitz reported that he has heard that it may be legally possible for ANR proponents to fail to show existing buildings on their plans. This could lead to a Planning Board failing to identify potential zoning violations in relation to setbacks and lot width. The Board confirmed that Lincoln’s subdivision rules and regulations set out submission requirements for ANR plans, including information on the location of structures. The Board agreed to make sure it asks proponents whether all buildings are shown, and to check plans against property record cards from the Assessor’s Department.

The Board noted that the wording placed on ANR plans makes it clear that endorsement does not imply compliance with zoning bylaws. If a violation is created, the potential penalties are fines and denial of building permits.

The Board reviewed its progress in drafting guidance on outdoor lighting for site plan review applicants. A draft that was discussed on July 9^th and the minutes of that discussion were included in the Board’s packets. Mrs. Wolf agreed to see if she could find the wording that she had proposed and that had been agreed as suitable for the preamble stating the purpose of the guidelines.

Mr. Hurd noted that he had been unable to find time to work on wording that would make allowance for soft decorative lighting and lights under overhangs, as he had been somewhat busy with the Comprehensive Long Range Plan. He still considered that the draft wording in point 2 was too inflexible and that it would be desirable for the Board to offer guidance on appropriate types and brightness of lights. Some Board members were concerned that when outdoor fixtures are approved, it is difficult to prevent future unapproved changes. Mrs. Wolf suggested using the word “minimized” or “discouraged” in point 2 rather than “not allowed”. Most members agreed on “discouraged”.

Mr. Snell suggested that the popular use of little solar lights should be addressed in the guidance. Also, hours of operation of lights could be discussed. Mr. Craig similarly suggested addressing the use of motion detectors.

Mrs. Wolf was concerned about the Board exercising a very different standard of control on properties that come in for site plan review than elsewhere. The Board also noted that some of the most obvious examples of properties that appear bright at night are houses that have large areas of windows and emit interior light.

Mr. Snell suggested that if larger/ non-residential projects were to be covered, then the need for photometric studies could be discussed. It was agreed that the guidance was mainly needed for residents.

The Board received a letter from David and Gerry Lattimore, abutters to 5 Sandy Pond Road, addressed to various boards including the Planning Board. The letter calls attention to several discrepancies between alterations carried out and approved plans, and suggests that there is a need for more inspections by the town to ensure compliance.

Mr. Craig reported that the preceding matter was discussed at the Historic District Commission meeting. It was established that the property owner, who purchased the house recently, failed to follow procedure on several counts in making alterations to the house and garage. The HDC discussed the need for follow-up action on certificates of appropriateness and the potential to issue guiding language with the certificates.

Mrs. Wolf reported that Sara Mattes has been involved in a discussion of conventional housing development for the Arshad Property on Winter Street. Mr. Whitehead has also spoken with Mr. Arshad. The Selectmen suggest that the Planning Board nominate a representative for any committee that may be formed. The Board nominated Mrs. Wolf.

Ms. Mattes is also investigating a reported suggestion for the military housing at Hanscom, of carving out an area for civilian use with access off Airport Road (previously reported to the Planning Board from HATS by Mr. Domnitz).

Mr. Craig reported that the group home proposal on Concord Road has caused anger, especially in relation to the lack of neighbor notification. Mr. Whitehead advised that Ch. 40A Sec. 3 of state law requires such group home proposals to be treated like single family homes. In terms of the town funding aspect, Mrs. Wolf stated that the Housing Commission’s policy discussions were open to the public. Potential properties they examined were distributed across the town and there is another one on Bypass Road. The aim of funding support is to further the town achieving its 10% affordable housing target set by the state.

Mr. Whitehead outlined the matters before other land use boards. The Konstandakis pool house on Old Cambridge Turnpike and Countryside Building’s house at 173 Tower Road need approval from several boards. The Conservation Commission is examining a vegetation management plan for Hanscom Airport. The Historical Commission is dealing with some proposed teardown/ reconstructions of which one on Old Sudbury Road is expected to come to the Planning Board.