TOWN OF LINCOLN
MINUTES OF PLANNING BOARD MEETING
Held on October 13, 2009
In the Donaldson Room, Lincoln Town Offices
PRESENT: R.Domnitz, J.Craig, D.Boynton, K.Hurd ABSENT: B.Wolf
STAFF: M.Whitehead, C.Perry
Mr. Domnitz chaired the meeting in Mrs. Wolf’s absence.
7:30 PM BUSINESS:
Minutes
The Board voted unanimously to approve the minutes of the meeting held on September 22nd, as submitted.
Ryan Estate sign: scheduling
The agent has requested that the public hearing for a sign permit, which had been continued to November 10th, be brought forward to October 20th as he now has his design ready and would like to install the sign soon.
A MOTION was proposed by Mr. Craig and seconded by Mr. Boynton, to continue the hearing to October 20th instead of November 10th Passed 3-0
(Mr. Hurd was absent for this item)
Verizon, Morrissey site, 23 Cambridge Turnpike
Mr. Domnitz reported that Verizon has objected to condition 5 in the decision which was signed on September 8th. The condition concerns radio frequency emissions, which it had sought to limit to 33% of the federally allowed maximum to take account of other towers in the vicinity, and to require to conform to predictions. After discussing the condition with Verizon’s specialists, Mr. Domnitz considers that it would be more practical for the condition to reference measurement of total radio frequency radiation levels and not to require conformity with predictions. He understands that there are FCC regulations for apportioning responsibility in the event that limits are exceeded.
Mr. Domnitz proposed a new wording for condition 5, which is acceptable to Verizon and which will be suitable for use as a standard condition for wireless communication facilities. Measurements are to be taken at the boundaries with abutting properties. In cases where there is particularly sensitive neighboring development, special conditions could be used. The Board agreed to the revised condition.
The Board signed the amended decision.
Verizon, Tracey’s site, 0 Bedford Road
It has been agreed to settle the court appeal with a revised decision, retaining the requirement for a light shield but omitting the requirement for tree planting on a neighbor’s property. The newly worded condition relating to radio frequency emissions, described above under the Morrissey site, will also be incorporated.
The Board signed the amended decision.
8:00 PM PUBLIC HEARING CONTINUATION: CHRISTOPHER WATSON, 164 Sandy Pond Road, Map 38/Lot 1, site plan review for teardown and reconstruction of a single family home under Section 17.7
Mr. Whitehead reported that Mr. Watson has withdrawn the application as he does not intend to proceed with the development at this time.
8:30 PM PUBLIC HEARING CONTINUATION: AMY JOANNES, 153 Lexington Road, Map 33/ Lot 17, sign permit application under Section 16.5
Mrs. Perry reported that Ms. Joannes has withdrawn the application as the business is no longer operating and the building is being used for storage.
9:00 PM MINOR CHANGE TO SITEPLAN: COUNTRYSIDE DEVELOPMENT, 173 Tower Road, Map 119/Lot 20, request to add a deck to a previously approved site plan.
Ken Eisner attended and explained that he wishes to add a small deck to a house for which a site plan was approved in November 2008. The house was also the subject of a special permit from the Zoning Board of Appeals. Mr. Eisner provided copies of an email from the ZBA Chairman stating that the Board regards the deck as a minor change that does not affect the special permit decision provided it meets certain constraints.
Mr. Eisner said that the deck is not proposed to be attached and will be an accessory structure. It is angled to face a set of steps that lead down to it. It was available for reuse from another site and has already been brought to this site. Mr. Eisner described the deck as low to the ground and unobtrusive. The material is synthetic (Trex).
The Board examined the plan and agreed that the deck would have little impact on the surroundings.
A MOTION was proposed by Mr. Boynton and seconded by Mr. Hurd, to approve the deck as a minor change to the site plan. Passed 4-0
9:30 PM: DISCUSSION OF DECISION: ROBERT AND JANE SOLAR, 40 Deerhaven Road, Map 24/Lot27, subdivision of property under Rules and Regulations Governing the Subdivision of Land and the laying out of Ways
Robert and Jane Solar attended with John Hamel, surveyor. A new set of plans (two sheets, showing the subdivision of the lot and the engineering details) was provided, showing a six inch water line, a hydrant and a twelve foot wide road with clear zones on the shoulders. The Board checked that all the items requested were shown. It examined the vehicle turning area and considered that the length of the ‘stub’ may need to be shown. It noted that the Fire Department has visited the site and was of the opinion that there was sufficient space but that it has not reviewed the plan.
Mr. Solar stated that the road will be widened where necessary to achieve a consistent twelve foot width. The Board asked which utilities are proposed to be placed underground. It is proposed that wires for the new house will be underground, but that others will remain above ground. The Board was agreeable to granting a waiver for this. The intention is to continue to use the existing 3 inch water supply pipe for the existing house.
The Board reviewed the notes on the plan. It requested the deletion of language that suggested that the Planning Board could waive the 250 foot lot width requirement, and the addition of language setting an 18 month time limit for the relocation of the existing house if the Zoning Board of Appeals does not grant a variance. Mr. Hamel agreed to make the change to the wording on the plan.
The Board indicated that it was agreeable in principle to approving the subdivision, subject to a detailed review of the waivers needed. It would aim to vote on the matter the following week. It did not intend to offer an opinion to the ZBA on the granting of a variance.
OTHER BUSINESS:
Comprehensive Long Range Plan
The Plan will be presented for a vote at the Special Town Meeting on October 17th. Mr. Whitehead reported that a short version has been mailed to residents and the full color version is available on the website. Mr. Hurd mentioned that some corrections may be needed to the version of the land use criteria that is currently attached to the plan. Since this version was produced, it was agreed to label the points as letters rather than numbers to reduce the suggestion of a rank order. This has not been done, and there may have been agreed changes to the wording that have not been incorporated. The Board discussed the matter and referred to various minutes. It proposed to amend the criteria by deleting point 4.3, ending the introductory line in point 1 after “Lincoln” and ending point
4.1 after “the town as a whole”.
A MOTION was proposed by Mr. Hurd and seconded by Mr. Boynton, to approve and promulgate the edited version of the land use criteria Passed 4-0
Mr. Whitehead reported that an invoice has been received from Community Opportunities Group, for $16,350 for recent stages of work on the Plan. This will leave $1,000 remaining from the consultancy budget for the Plan.
A MOTION was proposed by Mr. Hurd and seconded by Mr. Boynton, to approve the invoice for payment. Passed 4-0
Fence, 116 South Great Road
Mr. Craig brought the Board’s attention to a new 5 or 6 foot wood fence that has been erected on the road frontage of a recently built house on Route 117, and asked if it had been approved. The Board identified the property as one where it had approved a site plan for Nick and June Ventresca in 2006. It checked the site plan and found that it did not show the fence. The Board asked Mr. Whitehead to draft a letter to the Building Inspector drawing his attention to the violation, with a copy to the current owner.
Accessory Apartments
Mr. Domnitz led a brief discussion on accessory apartments. He recalled that in the past, Lincoln has tried to achieve a situation where accessory apartments qualify for inclusion in the affordable housing inventory under state rules. He noted that Sudbury’s zoning bylaw allows accessory apartments if they will meet state guidelines (amongst other circumstances), and requires the Board of Selectmen to seek the approval from the state. Mr. Domnitz asked Mr. Whitehead to check if Sudbury’s bylaw has been approved and if any apartments had been successfully created through this process. He reported that Sudbury also sets a limit on accessory apartments at 5% of the total housing stock.
Mr. Whitehead recalled that one of the difficulties that Lincoln had encountered with the state’s affordability rules was a required 15 year duration. The Board discussed whether Lincoln’s accessory apartments are used in the most beneficial way and whether there should be an upper limit on them. It noted that the town has a significant number of such apartments but that the number of new applications has been low in recent years.
Route 2, Crosby’s Corner Project
Dan Boynton reported on issues concerning access to Rockwood Lane. The 75% plans provide for Rockwood Lane to have access from a new service road linking it to Oak Knoll Road which will be extended to Bedford Road but some residents would like to keep the current informal access route across Tracey’s land in addition. The Board briefly discussed whether there were any workable solutions involving gates or signs that might satisfy all parties.
Town Planner’s Report
Mr. Whitehead reported that the morning’s Land Use Group meeting was canceled. A recent event that raises land use and conservation issues is a plan by Roy MacDowell, Jr. to remove 21 acres of agricultural land from Chapter 61A protection. The land is on the south side of Old Sudbury Road, across from Drumlin Farm. There may be interest in residential development. The town will have the right of first refusal.
The meeting was adjourned at 10:40 PM.
Submitted by Catherine Perry
Approved as amended October 20, 2009
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