TOWN OF LINCOLN
MINUTES OF PLANNING BOARD MEETING
Held on March 18, 2009
At 7:30 PM in the Lower Conference Room, Lincoln Town Offices
PRESENT: R.Domnitz (Chairman), J.Craig, B.Wolf, J.Snell, K.Hurd
STAFF: M.Whitehead, C.Perry
7:30 PM BUSINESS:
Minutes
The Board voted unanimously to approve the minutes of the meeting held on March 11th, with amendments.
Countryside Development (Eisner), 173 Tower Road
The Chairman signed a letter to the Building Inspector conveying the Board’s approval of a minor change to the site plan, relating to the septic system.
Jerodel Realty Trust, 63-65 Winter Street
The Board received a covenant relating to the proposed minor street as required in connection with the subdivision approved by the Board on March 11th.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Craig, to accept the covenant as written. Passed 5-0
8:00 PM PUBLIC HEARING: JOEL ZIMMERMAN, 15 Stratford Way, Map 71/Lot 7-22, site plan review for two story expansion of house and garage into current deck area under Section 17.7.
Mr. Zimmerman attended with his builder, Edward Henry.
The Board received copies of a memorandum from the Conservation Officer to Mr. Whitehead stating that the proposal is also under Conservation Commission jurisdiction as it intersects the 100 foot buffer zone for an isolated wetland.
Mr. Henry introduced the project, for a two story addition comprising a garage and a music room on a rear corner of the house where there is currently a deck. He presented the elevations. Three options were shown, two of them incorporating a chimney with a two-sided fireplace at first floor/ deck level. Mr. Henry stated that the height of the existing house is 36 feet and the addition will not go any lower. The roof of the addition is at second story floor level.
The Board examined the site plan. The builder stated that the proposed addition meets zoning setbacks. At the rear of the lot there is a fence and wall. Beyond it is a narrow piece of land forming part of a neighbor’s lot and containing a pipe for a septic system, and then there is another wall bordering properties that have access from Winter Street.
No screen planting is proposed in the application. Mr. Henry said that there is some existing screening that will not be removed, and the Conservation Commission may require further planting. He further stated that he believed no expansion of the septic system is needed, based on the acceptance by the Board of Health of a five bedroom deed restriction in its review dated February 20th, 2009.
Exterior lighting was discussed. There are three existing lights on the garage that is proposed to be enlarged, and a further two are proposed. The Board suggested that one new light would be sufficient for the two new garage bays and that one of the existing lights could be eliminated. A catalog cut was supplied. The Board considered that one 60W bulb per fixture would be preferable to two. On the balcony there are two existing lights, and new lights will be needed at the proposed doors. The owner prefers the design options that have a chimney and two doors.
Julie Jewett, resident of a house to the rear at 28 Winter Street, submitted a letter drawing attention to issues concerning lighting, massing, and possible effect on a vernal pool. She explained that the Zimmerman’s house is very visible from hers in winter. The house is already very large and has many lights, and her own house has large windows. Mr. Henry stated that there are currently some recessed lights under the balcony, which will be eliminated. More evergreen planting may be proposed near the rear boundary. Ms. Jewett suggested that the addition could be reduced to a single story room but the applicant indicated that the garage expansion is a fundamental part of the project. The Board wished to hold a site walk.
The applicant agreed to choose a preferred design option and to show lighting on the drawings.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Craig, to conduct a site walk on the property on April 1st at 7:00 PM. Passed 5-0
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Hurd, to continue the public hearing to 8:40 PM on April 1st. Passed 5-0
9:00 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.
The Board received copies of a letter to Mr. Konstandakis and a memorandum to Mr. Whitehead from the Conservation Commission, concerning requirements for completion of work under the previous Order of Conditions, and receipt of an ‘as built’ plan. The applicant also submitted copies of a letter from Crystal Construction Company to the Conservation Commission.
A new plan was presented, with the position of the propane tank marked. The Board asked for it to be labeled “underground”. Mr. Konstandakis stated that the proposed position is outside the wetlands buffer zone and near enough to the road for filling with a hose. The propane supply company will install the tank and a pipe from it to the pool house.
Mr. Konstandakis said that the future wetland crossing will comply with the terms of the Conservation approval, “a small foot passage as currently exists”. The Board asked for the plan to be marked “pedestrian crossing only”.
The Board asked about exterior lighting. A light is proposed at the front door and a second one may be required for the sliding door. A catalog cut was supplied.
The Board noted that no comments have been received from neighbors.
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Hurd, to approve the site plan subject to: the proposed propane tank being placed underground; the stream crossing complying with conditions imposed by the Conservation Commission; and the standard condition on lighting. Passed 5-0
OTHER BUSINESS:
Route 2 Crosby’s Corner Project
Mr. Snell alerted the Board to the need to provide documentation for property owners whose lots are altered by the land takings for the state highway project, so that the history and status of each parcel in relation to zoning is clear in future.
Town Planner’s Report
Mr. Whitehead reported on items that are currently before other land use boards. The Conservation Commission is reviewing a project for Gutierrez, 16 Old Sudbury Road, which will come to the Planning Board.
Committee Reports:
Community Preservation Committee
The Board received copies of a briefing note prepared by MAPC concerning a proposed Act to Promote Community Preservation. Mrs. Wolf reported that it would make various changes to the existing Community Preservation Act, including raising the minimum level of match from the state trust fund to 75% as compared to the projected 35%.
Green Technology Committee
Mr. Snell reported further on matters arising from the Green Communities Act. The state is proposing to phase in upgraded energy efficiency requirements. Towns will be able to opt in to a more demanding version of the building code. This focuses on the more cost-effective energy efficiency measures. It would require towns to do more review. Some grant incentives will be offered and there may be advantages to early participation. Mr. Snell recommended that the Board familiarize itself with the provisions and develop an opinion.
HATS/ MAGIC
Mr. Domnitz reported that the proposed Land Use Partnership Act (LUPA) has been under discussion at MAGIC and HATS, and Selectman Sara Mattes has asked for information and comment on it from the Planning Board. Summaries of LUPA were distributed. The Act was crafted by a task force set up by the Governor with representation from a range of interests.
Mr. Whitehead commented that from a planning point of view, there are some good and some bad points. One good point is that zoning freezes that apply to development projects submitted prior to a zoning change will be limited in their scope (so that they relate to a specific project rather than the land); this is a bigger issues in less developed/ protected towns than Lincoln. A bad point is that time limits would apply to site plan reviews, with the possibility of approval by default. Some of the Act’s provisions are grouped in a package that towns could opt in to; some parts of this package are unlikely to be acceptable to Lincoln, for example density provisions. Mr. Whitehead reported that comments on the Massachusetts Planners’ listserve suggest that opinions are divided between those that
feel the Act should be opposed and those that feel that parts of it are important to achieve.
The Chairman noted that one provision in the Act is for zoning changes to be passed by a simple majority rather than a two thirds vote. The Board did not favor this; however the town would have the option of returning to the two thirds requirement. Mr. Domnitz also noted that the Act would give power to the Regional Planning Agency, which he did not support. He expressed concern that the Act would sweep away a substantial body of case law leaving much uncertainty.
Mrs. Wolf commented that the approach to impact fees in the Act is poor. An overall comment was that the Act’s approach is to balance different interests rather than to build on principles. Also it is complex, and small changes in wording could have big consequences.
It was agreed that Mr. Domnitz or Mrs. Wolf will brief the Selectmen.
Planning Board vacancy
This was discussed briefly.
The meeting was adjourned at 9:30 PM.
Submitted by Catherine Perry
Approved as amended, April 1, 2009
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