TOWN OF LINCOLN
MINUTES OF PLANNING BOARD MEETING
Held on August 18, 2009
At 7:30 PM in the Donaldson Room, Lincoln Town Offices
PRESENT: B.Wolf (Chair), R.Domnitz, D.Boynton, J.Craig, K.Hurd
STAFF: M.Whitehead, C.Perry
7:30 PM BUSINESS:
Gutierrez, 16 Old Sudbury Road
The Board reviewed a revised lighting plan in connection with the site plan which it voted to approve on July 28th. It was satisfied with the lighting plan.
Lewandowski, 3 Bowles Terrace
Mr. Whitehead reported that he received a memorandum from the Building Inspector outlining his enforcement efforts in relation to the stone wall that was built too high, and stating his opinion that Mr. Lewandowski has lowered the wall sufficiently. Copies of the memorandum were distributed.
Verizon appeal, Tracey’s site, 0 Bedford Road
A letter was received from town counsel concerning a proposed settlement of the lawsuit. Verizon has not yet installed its antennas.
The Groves development, 17 Cambridge Turnpike
Mr. Boynton reported that he has heard from the Chief Executive, Rev. Herb Taylor that although construction progress was set back due to a problem with the financing, it is now hoped to complete the project for occupancy in late spring/early summer 2010.
Permitting for Green Energy facilities
Mrs. Wolf reported that John Snell of the Green Energy Technology Committee is interested in discussing this subject with the Board. A discussion will be scheduled later in the year.
Minutes
The Board voted unanimously to approve the minutes of the meeting held on July 21st with an amendment.
8:00 PM APPROVAL NOT REQUIRED (ANR) PLAN: FEINBERG/ANTIA, 185/191 Weston Road, Map 111/5-12&13, request for endorsement of plan altering the lot line between two properties under Rules and Regulations Governing the Subdivision of Land and the Laying Out of Ways Section 2.0.
The Board viewed the plan, which shows a change in the side lot line between the two parcels to add a small piece of land to the Feinberg property. The Feinberg lot has a dwelling on it and the purpose of the change is understood to be to facilitate siting of an accessory building with appropriate setbacks.
Buzz Constable of the Lincoln Land Conservation Trust attended and drew attention to the fact that the Antia property has a conservation restriction and a trail easement, both of which will run with the land.
A MOTION was proposed by Mr. Domnitz and seconded by Mr. Craig, to endorse the plan. Passed 5-0
The Board signed the mylar plan and two paper copies.
8:30 PM DISCUSSION OF DECISION: JANE SOLAR, 40 Deerhaven Road, Map 24/Lot 27, subdivision of land under Rules and Regulations Governing the Subdivision of Land and the Laying Out of Ways Section 5.0.
The public hearing was closed on July 28th. The Board referred to a copy of the original subdivision plan and noted that the Partridge Lane cul de sac was designed to serve a similar lot arrangement to that proposed by the Solars, and was fully built. Mrs. Wolf reported she had visited the site and marked the positions of fire hydrants on Deerhaven Road. There was some uncertainty as to whether there was an additional hydrant nearly opposite the Solars’ driveway.
The Board reviewed the waivers requested by the applicant. It referred to the history of the site and noted that there did not appear to have been any waivers in 1958 but that in the 1974 decision (which was rescinded), the Board of that time was prepared to allow a number of waivers including the type of construction materials, the paved width, the radius of the turning circle, the size of the water main and the need for a fire call box. A fire hydrant at the intersection of Horseshoe Lane and Deerhaven Road was deemed sufficient at that time.
The Board referred to the 1982 Regulations. Fire hydrants are required to be located so that no structure is more than 500 feet from a hydrant. The Board observed that this requires predicting the positions of structures.
The Board reviewed the submitted application materials against the requirements. It found the scale and contour interval of the plans satisfactory. It noted that no information on tree cutting or drainage work are provided as none are proposed, but because the Board wishes to consider requiring the driveway to be upgraded, information on trees may be useful. Mr. Boynton supplied photographs of some portions of the driveway. The Board measured the width of the existing driveway on the plan as approximately 12 feet. It wished to confirm the width on site and to check if it is consistent along the length. The Board discussed whether the existing turnaround space was sufficient for emergency vehicles. The existing water main was described as 3 inches diameter but no further details such as materials were
known. The Board asked Mr. Whitehead to consult the water department about any records of the existing pipe and its adequacy to serve two houses.
Mr. Domnitz asked about the status of the land beyond. The Board noted that it cannot be developed due to its water catchment status.
A MOTION was proposed by Mr. Hurd and seconded by Mr. Boynton, to conduct a site walk on Saturday August 22nd at 11:30 AM. Passed 5-0
9:00 PM DISCUSSION OF DECISION: VERIZON WIRELESS, 23 Cambridge Turnpike, Map 14/Lot 12-1, renewal of special permit for wireless communication facility under Section 12.6.
The public hearing was closed on June 17th. The Board reviewed factors relevant to its decision. Shielding of the light was considered important. Mrs. Perry reminded the Board of the Town’s interest in having opportunities to locate radio communication equipment for public safety purposes at suitable locations, if needed in the future.
A MOTION was proposed by Mr. Domnitz and seconded by Mr. Craig, to approve the special permit subject to:
- five years duration;
- installation of a Towershade or equivalent light shield;
- use of dual obstruction lighting that is compatible with the light shield;
- allowing the Town of Lincoln to install public safety communications equipment
on the tower, provided that the applicant does not incur any liability or
interference with its operations; and
- no tree cutting, with reference to the tree survey submitted with the previous application.
Passed 4-0
(Mr. Boynton did not vote as he was not present at the hearing)
OTHER BUSINESS:
Feinberg, ZBA appeal
The Chair reported that she received an email from the ZBA Chair concerning an appeal by Neil Feinberg relating to the gas station property at 110 Concord Road. Mr. Feinberg has complained about a lack of enforcement action by the Building Inspector and the ZBA is requesting the Planning Board’s assistance in determining the history of the site. The ZBA is consulting town counsel on the applicability of the statute of limitations to the case. Mr. Feinberg alleges that screening of the property under a parking plan that went before the Planning Board in 1996 has not been fully implemented or maintained and that sandwich board signs and a Red Cross clothing donation box are being used on the property without authorization.
Mr. Whitehead reported that he has checked the Planning Board file from its review of signage at the property in November – December 2006, and no sandwich board signs were applied for or approved. Earlier records relating to the parking and landscaping are less clear. Mr. Whitehead and Mrs. Perry found a parking plan dated September 24, 1996 which appears to have been submitted under Section 15.3 (requiring approval by the Building Inspector with advice from the Planning Board) but although the Planning Board minutes of November 20th,1996 suggested that its discussion was to be continued, no further reference material has been found. The minutes of January 8th,1997 were located but did not refer to the matter.
The Chair will reply to Mr. Kimball with this information.
Town Planner’s Report
Mr. Whitehead provided notes of upcoming agenda items and matters currently before other boards.
The meeting was adjourned at 10:05 PM.
Submitted by Catherine Perry Approved as amended, September 15, 2009
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