TOWN OF LINCOLN
MINUTES OF PLANNING BOARD MEETING
Held on March 11, 2009
At 7:30 PM in the Donaldson Room, Lincoln Town Offices
PRESENT: R.Domnitz (Chairman), J.Snell, K.Hurd, B.Wolf, J.Craig
STAFF: M.Whitehead, C.Perry
7:30 PM BUSINESS:
Minutes
The Board voted unanimously to approve the minutes of the meeting held on March 4th, with amendments.
Lewandowski, 3 Bowles Terrace
The Board received a copy of a letter from Mr. Lewandowski to the Conservation Officer concerning drainage issues at Bowles Terrace.
7:45 PM MINOR CHANGE TO APPROVED SITE PLAN: COUNTRYSIDE DEVELOPMENT (KEN EISNER), 173 Tower Road, Map 119/Lot 20, change to septic system layout.
Mr. Eisner reported that after the site plan was approved by the Planning Board in November, the proposal went before the Zoning Board of Appeals. In the course of discussion with the ZBA, he offered to exchange the positions of the primary and reserve septic areas to meet a concern raised by a neighbor. This change involves a slight change in the proposed contours and loss of a tree. The ZBA approved the plan with this change. Mr. Eisner presented the revised site plan for the Planning Board’s approval. He mentioned that the ZBA’s decision also required that the area near the road beyond the ‘limit of work’ line should remain undisturbed except for future septic needs or town sidewalks.
A MOTION was proposed by Mr. Snell and seconded by Mr. Hurd, to approve the minor change to the site plan. Passed 5-0
8:00 PM PUBLIC HEARING: Proposed zoning change to Sign Bylaw Section 16.6 (d) replacing the word “Special” with the word “Sign”.
A MOTION was proposed by Mr. Hurd and seconded by Mrs. Wolf to open the public hearing. Passed 5-0
The Chairman explained that when the sign bylaw was changed last year to reduce the requirement from a special permit to a sign permit, a reference to it in Section 16.6 (d) was missed. It is proposed to change the reference to “sign permit” for consistency.
No comments were received.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Hurd, to close the public hearing. Passed 5-0
A MOTION was proposed by Mr. Hurd and seconded by Mrs. Wolf, to recommend the proposed change to Town Meeting. Passed 5-0
8:20 PM PRELIMINARY MEETING: ESTES/BINDER, 36 Beaver Pond Road, Map 86/Lot 2, site plan review for reconstruction of single family residence under Section 17.7.
This item was deferred at the request of the prospective applicant.
8:40 PM DEFINITIVE SUBDIVISION PLAN CONTINUATION: JERODEL REALTY TRUST, 63-65 Winter Street, Map 91/Lot 7, minor street subdivision plan under Section 6.1.3 of the Planning Board’s Rules and Regulations Governing the Subdivision of Land and the Laying Out of Ways.
Mr. Stankard and Mr. Gladstone attended. Mr. Gladstone reported that since the discussion the previous week, he had received written assurances to his lawyer’s satisfaction, concerning future intentions for the remaining Jerodel Realty Trust land.
Mr. Stankard presented a revised plan with a note added as requested by the Board to make it clear that Mr. Gladstone’s lot, with the added parcel B, will not be part of the subdivision.
The Chairman referred to the requirements for a minor street subdivision in the Board’s Rules and Regulations. The Board was satisfied that the plan met the requirements for the number and size of lots. The geometric requirements for a minor street appeared to be satisfied with the possible exception of the grade within 60 feet of the road which may exceed 3%. The applicant requested a waiver for this aspect.
The Board pointed out that a covenant will be required from the applicant under Section 6.1.3.1, stating that the minor street will remain a private way unless it is brought up to the standard for a secondary street. The applicant does not intend to construct the street and was happy to provide the covenant.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Snell, to close the public hearing. Passed 5-0
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Craig, to approve the definitive subdivision plan with a waiver of Section 6.2.4.3 to the extent necessary, and subject to the submission of a covenant pursuant to Section 6.1.3.1. Passed 5-0
The Board signed the mylar plan and three paper copies. These will be held by Mr. Whitehead pending submission of the covenant. The plan will need to be deposited in the Town Clerk’s office for 20 days to allow for appeals before it can be recorded at the Registry of Deeds.
OTHER BUSINESS:
State questionnaire: Green Communities
Mr. Snell reported that he is filling out a questionnaire from the Department of Energy Resources who are looking to establish a grant program for energy efficiency and renewable energy under the Green Communities Act. One of the criteria being proposed is as-of-right zoning for some types of renewable or alternative energy facilities (generation, research and development, or manufacturing). A question is asked about current zoning in this regard. Mr. Snell wished to clarify whether a 250kW solar photovoltaic installation would be allowed under Lincoln’s zoning. The Board considered that it would be allowed (subject to setbacks and height limits) only if it was an accessory use, entirely auxiliary to a permitted use on the same lot, such as a museum, library or large dwelling.
Discussion of Town Meeting Articles
The Board discussed articles that have been placed on the warrant by citizen petition:
Article 32, concerning group homes (calling for a committee to study the subject and a moratorium on Town spending on group homes): the Board did not wish to express an opinion.
Article 33, also concerning group homes (calling for the Town to only fund homes if it owns the property and for a different planning and consultation process): the Board did not wish to express an opinion.
Article 35, concerning the size of the Board of Selectmen (calling for five members instead of three): The Board wished to oppose the article, as it felt there was already a shortage of candidates for boards.
Article 36, concerning a liquor license: the Board considered that it would be advisable for the Town to wait to review experience with the first license, for the restaurant. It therefore wished to oppose the article.
The Board also discussed Article 34, put forward by the Community Preservation Committee, but did not wish to express an opinion.
Comprehensive Long Range Plan
Mr. Whitehead distributed copies of the latest schedule for completion of the Plan. The Planning Board hearing is currently scheduled for April 29th with a vote in May.
Mr. Hurd gave a progress update. The Steering Committee and consultants are filling out the chapters of the Plan, working on the Implementation Plan and improving internal consistency. They are aiming for a Special Town Meeting in June. There will be a report to the March Town Meeting and a later televised session at a Board of Selectmen’s meeting. The revised chapters will be available for Board members to read prior to the public hearing.
Planning Board schedule
A meeting is scheduled for April 1st when Mr. Whitehead will be away.
Town Planner’s Report
Mr. Whitehead announced that there would be a meeting of MAGIC in Lincoln the following evening, focusing on transportation, including economic stimulus funding.
The appeal by Verizon at Tracey’s is still with town counsel.
The meeting was adjourned at 10:00 PM.
Submitted by Catherine Perry
Approved as amended March 18, 2009
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