The Town of Lincoln, MA - Planning Board Minutes

7:45 PM MINOR CHANGE TO APPROVED SITE PLAN: FRED WINCHELL & THERESA MANNING, 221 Concord Road, Map 101/Lot 7-2, site plan review for a garage attached to a house in a cluster subdivision under Section 6.6.5 and Section 17.7.

Mr. Whitehead explained that the Board voted to approve the garage on February 4^th but the decision has not yet been issued. The applicant wishes to revise the proposal by setting the garage three feet further back, with a one foot increase in width. The change is to meet concerns expressed by the Conservation Commission. Mr. Winchell presented a new plan to replace a previous one.

The Board noted that the plan was marked ‘not to scale’. It asked for the maximum dimensions of the garage, stated as 42 feet by 22 feet, to be marked on the plan and this was done.

A MOTION was proposed by Mrs. Wolf and seconded by Mr. Hurd, to approve the minor change to the previously approved site plan. Passed 4-0

8:00 PM PUBLIC HEARING CONTINUATION: MICHAEL VACCARO, 12 Reiling Pond Road, Map 33/Lot 11-8, site plan review for construction of a new single family house under Section 17.7.

Attorney Tom Frisardi represented the applicant. He recalled that at the last meeting, the LLCT had expressed a wish to review the impact of the development on the conservation land. Since then, he reported, the plan has been revised with a different septic system so that development of lot 8 will no longer affect the conservation land. There will also be no need for any regrading on lot 7 in connection with development of lot 8. Mr. Frisardi reported that the Board of Health staff has indicated that the proposed septic system is likely to meet with approval.

A draft new site plan was presented. The Board noted that this needs to show the building envelopes and to have an engineer’s stamp. A new conceptual grading plan for lots 7 and 8 was also presented. The revised septic system will be for four bedrooms. Mr. Frisardi said that the house has a total of nine rooms. The labeling of the house needs to be corrected on the plan. Mr. Frisardi stated that the stone wall will no longer be affected.

A new landscape plan has been prepared but the contours shown do not reflect the current proposal. The plan will be corrected and stamped. Mr. Domnitz asked about trees to be removed. Most of the site will need to be cleared but the applicant will mark a line on the plan to show the area that will be undisturbed, which contains pine trees.

A MOTION was proposed by Mrs. Wolf and seconded by Mr. Hurd, to approve the site plan subject to submission of corrected plans as noted. Passed 4-0

8:20 PM PUBLIC HEARING CONTINUATION: METRO PCS, 295 Cambridge Turnpike (Farrington Memorial site), Map 48/Lot 7, special permit for wireless PCS facility under Section 12.6 and Section 17.

Attorney Scott Lacy represented Metro PCS. He stated that the company has made its best effort to collect information on existing wireless communication sites in the area up to two miles from the town’s boundaries, and presented a plan of the results. The Board noted that the DeCordova site in town was missing but accepted the plan.

The Board discussed potential conditions for an approval. It wished to incorporate its standard conditions, including five year duration and notification of ownership changes. Monitoring and reporting of radio frequency emissions will also be made a standard condition. The town has expressed interest in being allowed to add radio equipment to the tower for its public safety services. Mr. Lacy said that Metro PCS has no objection to a condition allowing this, provided it does not interfere with the company’s own service or cause it to incur any cost.

The Board wished to restrict the hours of routine maintenance to 9 AM to 5 PM. Mr. Lacy mentioned that occasionally the company may wish to test equipment at night. The Board favored requiring the tower to be painted a matte light gray. Approval will be based on the information that the FAA does not require a light on the tower, and a condition will be used to render it void if the FAA subsequently requires a light.

A MOTION was proposed by Mrs. Wolf and seconded by Mr. Hurd, to grant the special permit subject to conditions as discussed. Passed 4-0

Further to the pre-application discussion, Mr. Lacy reported that Metro PCS intends to file with the FAA for a 10 foot extension to the existing tower, and also for a second, lower tower on the same property. The company’s preference is for the former but its advisor thinks that the FAA is unlikely to approve it. He anticipates that the second tower option may be approved without a light. Copies of the applications to the FAA will be supplied to the Board. The Board will need to consider whether to send any comments to the FAA.

The Board reiterated its position that if an extension to the existing tower is allowed by the FAA and the Board grants a special permit, it will require the light to be shielded. Since the requirement for a light on this tower is well-established, the Board did not see a need to send comments to the FAA on the first filing. It considered it possible that the FAA would require a light on a second tower even though it would be lower than the existing one. In this event the Board would ask Metro PCS to request a waiver from lighting and if it was not granted then any special permit would require the light to be shielded.

The Board also noted that the WCF overlay district at Tracey’s is small and that a 75 foot setback now applies. Therefore, to build a second tower at this location, the company may need to apply to the Zoning Board of Appeals for a variance, or ask the town to expand the overlay zoning district.

8:40 PM PUBLIC HEARING CONTINUATION: NICHOLAS KONSTANDAKIS, 22 Old Cambridge Turnpike, Map 24/Lot 6, site plan review for an accessory structure (pool house) under Section 17.7.

Nicholas and Vicky Konstandakis attended. The session was recorded on audio tape due to Mr. Craig’s absence. Mr. Whitehead reported that the Building Inspector has put a Stop Work order on the site, as no building permit has been issued for the foundation that has been poured or for other work. The applicant confirmed that work has stopped.

Mr. Whitehead further reported that the Conservation Commission has concerns about the crossing of the wetlands for construction equipment and utilities, and proposes holding a joint hearing with the Planning Board on March 4^th.

The applicant explained that in terms of utilities, he considered using natural gas for heating the pool water and building but this would require a large pipe to the building. The contractor suggested using propane which would require a tank near the pool house.

The Board discussed the All Boards meeting held on February 10^th. It discussed the land use criteria further. It welcomed the input from the Water Commission and noted that water issues are emerging as an important consideration for planning. It noted that the Finance Committee did not offer strong guidance at this stage. A follow-on meeting may be held to continue the discussion of major issues.

Mr. Whitehead outlined the upcoming schedule and reported on items from the Land Use Group. The housekeeping change to the sign bylaw will need a Planning Board report to Town Meeting, as the public hearing is scheduled within three weeks of Town Meeting.

The Chairman noted that the applicant has not yet requested approval of the balustrade detail, and asked Mr. Whitehead to check whether the applicant wishes to omit the balustrades.

Mr. Snell confirmed neighbors’ observations that the lights on the house give it a very bright appearance. The Board asked Mr. Whitehead to check the situation against the approved site plan.