TOWN OF LINCOLN
MINUTES OF PLANNING BOARD MEETING
Held on April 29, 2009
At 7:30 PM in the Donaldson Room , Lincoln Town Offices
PRESENT: B.Wolf (Chair), R. Domnitz, K.Hurd, 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 April 15th, with an amendment.
McCart, 26 Lewis Street
The Board received a copy of a letter from the Building Inspector to Mr. McCart, requiring him to cease construction pending submission of all necessary paperwork for his project.
10 Lewis Street
The Board received a copy of a memorandum from the Building Inspector to the Zoning Board of Appeals concerning an inspection of the lower level of the building in connection with a proposal to rent it to a church group.
First Parish Church, Bedford Road
Mr. Domnitz proposed inviting other boards to attend or submit comments for the public hearing into the church’s building expansion proposal on May 6th. He distributed copies of a draft letter, which the Board approved.
7:45 PM PUBLIC HEARING CONTINUATION: 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.
The applicant presented revised plans showing proposed tree planting, labeled lighting on the elevations and corrected dates. The applicant stated that the two existing sconces outside the master bedroom will remain, but the lights on the underside of the balcony will be eliminated.
A MOTION was proposed by Mr. Domnitz and seconded by Mr. Hurd, to approve the plans as presented, with the inclusion of two existing sconce lights on either side of the door to the bedroom. Passed 3-0
(Mr. Craig was absent for this item)
8:00 PM APPROVAL NOT REQUIRED (ANR) PLAN: JANE M. SOLAR, 40 Deerhaven Road, Map 24/Lot 27, request for endorsement under Section 2.0 of the Rules and Regulation Governing the Subdivision of Land and the Laying Out of Ways, with request for waivers of original subdivision requirements.
Robert and Jane Solar attended with their attorney Mark Lanza and surveyor John Hamel. The Board previously discussed ideas for the division of the site into two lots on November 5, 2008 and set out its thoughts in a letter dated November 19, 2008.
Mr. Lanza explained that the Solars are asking the Planning Board for three things: endorsement of the ANR plan; a waiver or modification of the 1964 covenant under the Deerhaven subdivision which requires that if the lot is divided, Horseshoe Lane must be constructed in line with the Rules and Regulations; and a favorable recommendation to the ZBA for a dimensional variance with respect to the 250 ft lot width rule. In relation to the third request, Mr. Lanza recognized that the Planning Board does not have any jurisdiction over variances but suggested that the Board might state that it sees no purpose being served by requiring the existing house on the site to be razed or moved.
The Board reviewed the history of the site (as set out in a note prepared by staff dated October 28, 2008). It noted that although the Planning Board had considered and initially voted favorably on a subdivision modification to allow division of the lot in 1973-74, its approval was appealed by an abutter and ultimately rescinded; also it was not clear that the 250 foot rule was a factor in that decision.
Mrs. Wolf expressed a concern about the lack of documentation of the existing driveway construction, for the Board to assess its adequacy to serve two dwellings. She suggested that the standard of road construction required should be consistent with similar situations in town such as cluster subdivisions. The Solars mentioned that their intention is for the two lots to be occupied by members of the same family.
The Board was also concerned about the timing of the ANR in relation to the request for a variance. Without a variance, the ANR plan would create a zoning violation under the 250 foot rule because of the position of the existing house. Mr. Lanza stated that the ZBA does not wish to consider a variance in advance of ANR endorsement but has scheduled a hearing for late May. He argued that there would be no zoning violation until the plan was recorded and/or the ownership divided.
The Board considered the requirements for signing an ANR plan: legal frontage on a way of adequate construction, and access. Mr. Domnitz questioned whether the paper street, on which only a narrow driveway has been constructed and no bond has been posted, qualifies for frontage. The Board noted that there is no intention to construct the street to normal standards. The Board suggested that an application for a subdivision modification would be a more appropriate way to proceed.
Neighbors Ann and Elliott Curtis whose property is on one side of the paper street, attended and said that they had no objection to the division of the Solar property into two lots but that they did not want the driveway enlarging to a road. Mr. Solar reported that the neighbor on the other side of the paper street, Mr. Bolli, signed a letter by neighborhood residents stating that they would like the access to stay the same. The Board pointed out that if construction was required, it would not occupy the full width of the right of way.
A MOTION was proposed by Mr. Domnitz and seconded by Mr. Craig, to deny endorsement of the ‘ANR’ plan because the lots shown on the plan do not have frontage on a way that has been built in accordance with the previously approved subdivision plan, and no guarantee has been posted that such a way will be built in the future. Passed 4-0
It was agreed that Mr. Lanza will submit an application for a subdivision modification, Mr. Domnitz will discuss the situation with the ZBA chairman and the Planning Board will hold a site walk.
8:20 PM PUBLIC HEARING: MICHAEL FEINBERG, 185 Weston Road, Map 111/Lot 5-12, site plan review for pool cabana under Section 17.7.
Ken Eisner presented a plan for a pool and cabana in the grounds of a house for which the Board previously approved a site plan. A pool was previously approved but not yet constructed. Mr. Eisner presented the building plan and elevations as supplied in the Board’s packets, and a site plan which had been revised to avoid impacting the 100 ft wetland buffer area. The pool area will be fenced. The Board explained that all elements that have changed from the previous site plan are subject to review.
Mr. Eisner stated that the homeowner is carrying out extensive planting, mainly on the edge of the site that adjoins a trail. Mr. Domnitz commented that the house must already be very visible from the trail and that the proposed cabana will have little additional impact. The Board noted that the fence will be black which will give it low visibility.
The Board reviewed the lighting. Mr. Eisner said that in addition to what is shown on the drawings, there will be some small step lights; he supplied a catalog cut. The Board was satisfied.
John Cook, a neighbor across the street at 172 Weston Road, raised a concern about noise. He had found from experience that noise carries readily to his house. The Board was sympathetic to the concern but noted that the Town does not have a noise bylaw and that in terms of land use, people may do what is customary for a residence. It did not recollect any cases where the Board has regulated the use of a pool, such as by restricting hours.
A MOTION was proposed by Mr. Domnitz and seconded by Mr. Hurd, to approve the site plan as presented, subject to the submission of an acceptable landscaping plan to screen the pool area. Passed 3-0
(Mr. Craig was absent for this item)
8:40 PM PUBLIC HEARING: RYAN ESTATES, 140 Lincoln Road, Map 95/Lot 19, sign permit request under Section 16.5.
Steve Lowe attended on behalf of Ryan Estates. He provided copies of a handout composed of slides explaining the background and considerations behind his proposal to modify the existing sign at the driveway entrance to the Ryan Estates condominium building. A sign supported on two granite posts was approved as part of the special permit for the development. A plan of its location and an initial sketch of its general design were found on the file but not the final details. Mr. Lowe stated that at one time the sign had a hanger beneath it for advertising vacant condominium units but that it disappeared a few years ago. Currently, temporary realtors’ signs are used whenever a unit is for sale. He considered that it would be preferable to eliminate the temporary signs by having a removable or coverable
portion of the sign to show when a unit is available. He also wished to identify the building more clearly as a condominium and to add the management’s telephone number and website.
Mr. Lowe had prepared two design options for modifications to the sign. However, he reported that after discussing these with a sign maker, he is considering whether to replace the whole sign board.
The Board commented that the current sign is attractive. It would like the granite posts to be retained but it was sympathetic to the aims of eliminating the need for temporary realtors’ signs and of adding a little more information. It will need to review the final design, including materials, construction and lettering.
A MOTION was proposed by Mr. Domnitz and seconded by Mr. Hurd, to continue the hearing until August 11th at 8:00 PM. Passed 4-0
9:00 PM PRELIMINARY MEETING: PETER FRUMKIN, 1 Tower Field Lane, Map 118/Lot 18-4, site plan review for new single family house under Section 17.7.
Paul Mahoney, architect, and Dan Feeney, engineer, attended to discuss preliminary design ideas for a house on ‘lot 2’ of the Tower Field Lane cluster subdivision. The Frumkins own the lot but currently live in Texas.
The designers reported that they have identified various constraints on the development. As well as the dimensional requirements of the zoning bylaw, the cluster development special permit defines several envelopes on the plans and restricts the floorspace, height and garage size. Other factors examined are views, daylight (the south side is towards the road), topography and the relationship to other houses in the vicinity. The site has a knoll. The designers are aware that there are drainage issues in the area, with water tending to flow to the south across the road. They stated that the septic system will need to be elevated.
The Board viewed the preliminary design, which included a long driveway, and retaining walls adjacent to the septic system and the driveway. The Board suggested that the designers consider whether there are alternative approaches to the positioning of the driveway and septic system that would have less impact, and also suggested the use of a porous driveway surface.
The designers described that their approach to the massing of the house as being to treat it as four connected buildings. The special permit limits the height of the house to 24 feet from the maximum elevation within the building area. The Board will need to confirm that the design conforms to this and to the 36 foot height limit of the zoning bylaw. The house is likely to be painted white with a standing seam metal roof. The Board said that it will wish to check that the metal material is not reflective. The rear of the house overlooks conservation land and the Board will wish to examine its visual impact carefully.
The designers stated that they intend to incorporate some low energy features such as good insulation and use of daylight but not to seek LEED certification.
Exterior lighting was discussed. The initial proposals include a pole light but the selection of fixture may be reconsidered.
Board members agreed to visit the site individually and provide any feedback on important design factors within ten days. The public hearing may be scheduled at this point.
9:20 PM MINOR CHANGE TO SITE PLAN: DAVID BAU, 88 Lincoln Road, Map 85/Lot 1, approval of final landscaping plan under Section 17.7.
Mr. Whitehead reported that a landscape plan has been submitted as required under the site plan approval. The plan shows the old and new portions of stone wall as required, together with proposed contours. A draft overlay shows planting. The Board viewed the materials submitted. It considered the proposed grading to be unsatisfactory as it would look too unnatural. The applicant will be advised to reconsider it.
OTHER BUSINESS:
Committee Reports
Mr. Domnitz reported that on Monday, the Board of Selectmen discussed the Land Use Partnership Act. State level discussions and hearings are expected in late May.
Comprehensive Long Range Plan
Mr. Whitehead reported that due to a delay in receipt of the revised text of the chapters, the public hearing has been postponed to June 17th.
The meeting was adjourned at 11:00 PM
Submitted by Catherine Perry
Approved as amended, May 6, 2009
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