TOWN OF LINCOLN
MINUTES OF PLANNING BOARD MEETING
Held on March 4, 2009
At 7:30 PM in the Donaldson Room, Lincoln Town Offices
PRESENT: R.Domnitz (Chairman), J.Craig, B.Wolf, J.Snell ABSENT: K.Hurd
STAFF: M.Whitehead, C.Perry
7:30 PM BUSINESS:
Minutes
The Board voted to approve the Minutes of the meeting held on February 18th, with amendments.
Winchell/ Manning, 221 Concord Road
The Board signed the decision approving the site plan for a garage addition to a house.
Vaccaro, 12 Reiling Pond Road
The Board signed the decision approving the site plan for a single family house.
Metro PCS, Farrington Memorial site, 295 Cambridge Turnpike
The four members present signed the decision for a special permit. Since Mr. Craig was absent for the vote, Mr. Hurd will also need to sign the decision.
Board representation on Route 2 matters
Mr. Snell suggested that the Board appoint a successor to continue his liaison and advocacy role in relation to Route 2, especially the Crosby’s Corner project, when he retires from the Board later this month. The Route 2 Corridor Advisory Committee has representatives from both the Selectmen and the Planning Board. The Board deferred this item for consideration in conjunction with other liaison positions after the election.
8:00 PM PRELIMINARY MEETING: FIRST PARISH CHURCH, 4 Bedford Road, Map 53/Lot 9, discussion on White Church expansion plan.
Representatives and supporters of the First Parish Church attended with their design team. Susan Welsh, of the church’s building committee, introduced the proposal to expand the rear wing of the White Church (the Stearns Room). She outlined the history: the church was built in 1842 and the Stearns Room was added in 1963. A task force recently identified improvement needs. The project has been designed to provide a dry basement, an ADA compliant bathroom, a more functional kitchen and expanded meeting space.
Mark Goetemann showed a plan of the proposed building, which is partly a modification of the existing building and partly additions. The existing building is non-conforming in relation to dimensional controls including setbacks. The project has been discussed with abutters.
A plan of the White Church property and adjacent lots was shown. The property includes extra land donated by the Flint family in 2001. A strip along the boundaries is protected from building by deeded restrictions. Some of the adjoining land is in conservation restrictions owned by the Flints. The adjacent house to the south is owned by the Lattimores.
Mr. Goetemann stated that the Church can claim zoning exemptions under Section 3 of Massachusetts General Laws but is intending to make an effort to comply as far as practical with zoning requirements. The Chairman advised that the Church has a choice of application routes; either to the Planning Board under Section 19.1e of the Zoning Bylaw or to the ZBA under Section 4.4, with slightly different tests applying in each case. The Chairman outlined the issues that are normally addressed in a Planning Board site plan review and how Section 19.1e provides for a similar but limited review consistent with MGL Section 3. Under this procedure the Church would be requesting exemptions from zoning setbacks, to which the Board would apply a balancing test. The Historic District Commission may also have some
jurisdiction which could potentially overlap in terms of the matters addressed.
Marian Thompson, the architect, mentioned that she had extensive experience in dealing with development in historic districts, and outlined the considerations that have shaped the project so far. It is proposed to tear down the 1963 wing which has a mold problem and is not architecturally valuable. The new building aims to be more in keeping with the historic architecture, with massing and bulk similar to the sanctuary. As the Lattimores have concerns about proximity, expansion on the south side has been limited. The development will include a ramp for access by people with disabilities. Elevations and a model were shown. French doors and large windows, with usable shutters, are proposed at the rear and north side, but not facing the neighbor’s house or the street.
Gerry Lattimore confirmed her concern and noted that the wall of the proposed building will be approximately two feet closer to her property as it will be moved out as far as the current chimney. She also considered that the new building would be more prominent on the north side than the current one.
Ken Bassett, a member of the church building committee, stated that only limited changes are proposed to the landscaping, with existing paths kept and tied into new entrances, but with some tree and shrub planting around the rear of the site. Drainage is expected to infiltrate. Proposed exterior lighting was described.
The Board asked whether any change is proposed to the septic system. The system is located to the northeast of the church, and may need replacing. The Board suggested that the Church discuss it with the septic inspector in Concord.
In terms of application materials, the Board considered that it would be helpful to include the plan of the property parcels, with a clear visual scale and setback measurements added. Dimensions should be marked on the architectural elevations and lighting positions should be shown.
The Board thanked the Church for its presentation.
8:20 PM PUBLIC HEARING: JERODEL REALTY TRUST, 63-65 Winter Street, Map 91/Lot 7, definitive subdivision plan with minor street under Section 6.1.3 of the Planning Boards Rules and Regulations Governing the Subdivision of Land and the Laying Out of Ways.
Charlie Stankard presented the plan for the Jerodel Realty Trust. The Gladstones, whose property at 67 Winter Street is involved in a land swap associated with the proposed subdivision, also attended. Rick Wiggin, the neighbor to the west on Winter Street, was also present.
The Board examined the plan. The Chairman noted that a land swap is involved in the proposal, as well as the division of lot 91/7. Mr. Gladstone’s property, lot 91/4, would lose a narrow piece of land on the west side to allow enough width for the minor subdivision road (intended to remain a paper street) and would gain a larger area at the rear which would make it comply with current zoning with respect to lot size. It would not be part of the subdivision and it would remain non-conforming with respect to lot width. The Zoning Board of Appeals has approved the change to Mr. Gladstone’s lot. The Planning Board asked for language to be added to the plan to make it clear that the land that will be kept by Mr. Gladstone and parcel B are not part of the subdivision.
Mr. Wiggin asked about the intentions for the land at the rear of 63 Winter Street, which will still be a large parcel. Mr. Stankard said the intention was to transfer the rear portion, which is mostly wetlands, for conservation at a future date. This could be achieved with an ANR plan. Both Mr. Gladstone and Mr. Wiggin recalled previous attempts to create a number of buildable lots, and both hoped for an end to the uncertainty. The Board stated that it has little discretion with regard to approval of the minor subdivision. Mr. Gladstone could secure more protection through private covenants. The Board was satisfied with the intentions of the subdivision plan. Mr. Gladstone wished to take legal advice and discuss the matter further with Mr. Stankard.
A MOTION was proposed by Mr. Snell and seconded by Mrs. Wolf, to continue the matter to March 11th at 8:40 PM. Passed 4-0
9:00 PM PUBLIC HEARING CONTINUATION WITH CONSERVATION COMMISSION: 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 Vicki Konstandakis attended with their contractor. The session was recorded on audio tape due to Mr. Hurd’s absence. Peter Von Mertens, Co-Chairman of the Conservation Commission, recalled that the Commission had previously permitted the septic system and related work at the site, in relation to its wetlands jurisdiction. The system has been installed and the work is satisfactory so far but remains to be completed. Additional work now proposed for utilities for the pool house will need to be submitted for review. The applicant stated that the utilities involved are water, electric and septic system lines. The intention is to use the same ditch as previously. For heating, it is intended to use propane, with a tank near the pool house filled occasionally via a long flexible hose. The
Commission advised Mr. Konstandakis to check that the suppliers can reach far enough with a hose.
The contractor showed a plan and asserted that the project was fully permitted two years ago, but conservation staff pointed out that the pool was proposed at that time to be at the front of the property, and only the work for the septic system received wetlands approval. The contractor said that he believed sleeves were put in place that would allow further utilities to be added with minimal disturbance. The Commission had no knowledge of this and advised the contractor to check the situation on site.
The Planning Board asked what is proposed in terms of a stream crossing for access to the pool house. The applicant stated that there are currently rocks and that the stream is intermittent and minimal. The Conservation Commission said that it regards the rocks as temporary fill and that there has been visible flow in the stream at times in the past. The permit requires restoration. The applicant stated that he previously used a plank to cross the stream and that a small wooden footbridge would be suitable in future. Both the Planning Board and the Conservation Commission will need plans showing this proposed feature.
The Planning Board asked about the propane tank. The applicant said he hopes to place it underground. The Board felt this would be preferable, but the applicant was advised to consult with the Fire Chief.
The Planning Board said that it would defer to the Conservation Commission’s expertise on utilities matters. The Commission reiterated that site investigation and/or information from the septic system installer will be needed to see if any further digging is needed; however it considered that its permitting of the work could be handled as an amendment to the existing Order of Conditions rather than needing a separate filing. The Commission will need technical descriptions of the existing situation and proposed work, including elevations of pipes. The Commission will inform the Planning Board when it is satisfied.
The Planning Board will need a final site plan incorporating all elements proposed, including any landscaping. Its main concern will be to assess the above-ground impact.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Craig, to continue the hearing to March 18th at 9:00 PM. Passed 4-0
OTHER BUSINESS:
Committee Reports:
Historical Commission
Mr. Craig reported that the Commission met the previous evening and discussed a proposal to demolish a house at 33 Silver Hill Road. It made a finding of historical significance, based on the location, and will therefore wish to review any plans for new development. Failing agreement, the project will be delayed for twelve months.
Community Preservation Committee
Mrs. Wolf reported that the Committee continued its review of projects and is preparing for Town Meeting.
Town Planner’s Report
Mr. Whitehead reviewed matters that are before the other land use boards. The rebuilding of 36 Beaver Pond Road following a fire will be considered by both the ZBA and the Planning Board.
Mr. Whitehead mentioned that he will be away for the first week of April.
Next Meeting
It was agreed to schedule time at the next meeting for a discussion of Town Meeting warrant articles.
The meeting was adjourned at 10:00 PM.
Submitted by Catherine Perry
Approved as amended March 11, 2009
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