TOWN OF LINCOLN
MINUTES OF PLANNING BOARD MEETING
Held on September 3, 2008
At 7:30 PM in the Donaldson Room, Lincoln Town Offices
PRESENT: R.Domnitz (Chairman), B.Wolf, J.Craig, 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 August 20th with amendments.
Lincoln Public Schools, Ballfield Road
The Board signed the sign permit for a replacement sign at the entrance to the school campus.
Lewandowski, 3 Bowles Terrace
Mr. Whitehead reported that the Chairman sent a letter to the Building Inspector concerning the excessive height of the wall and the Building Inspector has written to Mr. Lewandowski to enforce the terms of the fence permit. Copies of the letters were supplied.
Discussion: Road improvement planning
Sara Mattes, Selectman, attended for a discussion with the Board. She outlined the background and current charge of the Ad Hoc Traffic Committee appointed by the Board of Selectmen. The Committee is initially focusing on the details of the road repaving contract for which funding was approved at the March 2008 Town Meeting and which will be put out to bid this winter. The Traffic Committee also wishes to look at wider issues regarding traffic calming and management, and these issues raise the need for wider discussion. The Selectmen have broadened the Committee’s charge and encouraged it to draw up a matrix of potential decisions. Interaction with the Planning Board and CLRP sub-committees needs to be considered.
Ms. Mattes said that a public meeting will be held on September 17th in Bemis Hall, with the consultants CEI, to receive further comments on the repaving project. There will then be a few weeks for final choices to be made before advertising the contract. The Selectmen are encouraging an approach that does not pre-empt future decisions. Funding for any further work has not yet been addressed.
The Planning Board responded that it has appointed Mrs. Wolf and Mr. Hurd to liaise with the Traffic Committee but that the September 17th date conflicts with the Planning Board’s regular meeting. It affirmed that the Planning Board has a formal role in transportation planning, including responsibility for subdivision road approval. The Board also drew attention to the Roadway Design Guidelines drawn up by the town in 1997 and suggested that any recommendations from the Traffic Committee be referenced to these previous guidelines. It further suggested that a committee constituted like the previous one be used to facilitate the wider discussion.
Ms. Mattes mentioned that the study produced recently by the Garden Club may prove useful as it provides a categorization of roads in terms of their character. The Planning Board also thought there may be relevant issues that have arisen in connection with developments adjacent to roads, such as noise barriers.
It was agreed that Mrs. Wolf and Mr. Hurd will liaise with the Traffic Committee. Mr. Domnitz will look through the recent report from the consultants and may provide comments as well as communicating the Board’s recommendations as set out above. The Board asked to see copies of the earlier report from the consultants and any report that Ken Bassett may have produced; also, if possible, to see the Power Point presentation for the September 17th meeting in advance.
Ms. Mattes also mentioned an upcoming meeting of the Central Corridor Coalition in Lexington, to discuss alignment of towns’ zoning and of requirements for developers’ studies, in relation to traffic mitigation.
8:00 PM REQUEST FOR MINOR CHANGE: DAVID BAU, 88 Lincoln Road, Map 85/Lot 1, request for minor change to site plan to move driveway location within the lot under Section 17.7.
The applicant attended with Mary Trudeau, wetlands consultant. Ms. Trudeau explained that under the approved plan, there is a straight driveway from the road to the house, which has a picture window. It is proposed to substitute a curved driveway, with planting between the house and the road on the previous driveway alignment that has been used for construction access. The position of the curb cut will not be altered. The driveway will be largely at grade and will have a permeable surface. The proposed change has been presented to the Conservation Commission, who asked for a swale to be constructed alongside it to minimize the risk of run off affecting the adjoining wetlands.
The change to the driveway was shown on the submitted plan dated July 17th. Ms. Trudeau presented a revised plan dated August 13th that also showed landscaping changes including a berm near Lincoln Road and new portions of stone wall. The applicant stated that the berm was intended to be low and to be used as a base for planting. The Board considered that a contour plan was needed to assess the berm and that the new and existing portions of the wall should be labeled clearly. It said that new portions will need to match the existing ones in character.
The Board had no objections to the realignment of the driveway provided that the Conservation Commission was satisfied. The applicant asked if the Board could give approval to the driveway now so that progress could be made on site, with the other changes held back for separate submission.
A MOTION was proposed by Mr. Snell and seconded by Mrs. Wolf, to approve the relocation of the driveway as shown on the submitted plan, but not the landscape changes (berm, wall and planting). Passed 5-0
8:20 PM PUBLIC HEARING CONTINUATION: KATHLEEN LAMMERT, 18 Baker Bridge Road, Map 55/ Lot 1, site plan review for addition to a house under Sections 6 and 17.7.
The applicant attended with her architect, Anne McCallum. Ms. McCallum reported that following discussions with the Conservation Commission, the arrangement of windows and doors has been changed, eliminating the exit at the lowest level. This will allow a reduction in the extent of regrading and avoid the 100 foot wetland buffer zone. Various clarifying changes have been made to the site plan and elevations as requested by the Board. The applicant agreed not to disturb vegetation in the ten foot buffer adjacent to the property line. The Board mentioned that if any details of the plans change after approval, the applicant should ask the Board to approve a minor change.
Height calculations were supplied. The architect stated that if measured from lowest exposed point, the house with the addition is 8 inches above the 36 foot height limit; if calculated from average natural grade, the height is 32 ft 9 in. The Board referred to Section 13.1.1.b of the zoning bylaw and considered whether the additional height would adversely affect the neighborhood. It concluded that it would not, and therefore that average natural grade could be allowed for the height calculation.
In terms of architecture, the Board was generally satisfied with the design of the addition. Mr. Hurd commented that it lacked the charm of the existing house but did not consider this critical to a decision. Some members were unhappy with the monitor proposed for the roof of the existing house and wished to recommend that the applicant reconsider it.
The positions of exterior lights were shown on the plan and a catalog cut was provided for a fixture that will be used for new lights and possibly to replace some of the existing lights. The Board responded that it was satisfied with the fixture but would wish to limit bulbs to 60W maximum (incandescent equivalent).
A MOTION was proposed by Mr. Snell and seconded by Mrs.Wolf, allow the use of average natural grade for the calculation of height for the plans submitted. Passsed 5-0
A MOTION was proposed by Mrs. Wolf and seconded by Mr. Snell, to approve the proposal as submitted. Passed 5-0
9:00 PM EXECUTIVE SESSION:
BELL ATLANTIC MOBILE, 0 Bedford Road, Map 29/Lot 25, appeal of Verizon Notice of Decision, and
EGENDORF, 10 Tower Road, Map 74/Lot 24, appeal of Notice of Decision.
A MOTION was proposed by Mr.Snell and seconded by Mrs. Wolf, to go into Executive Session for the purpose of discussing strategy in connection with pending litigation, and afterwards to return to open session.
A roll call vote was taken:
Mr. Snell: Yes
Mr.Hurd: Yes
Mr.Domnitz: Yes
Mrs.Wolf: Yes
Mr.Craig: Yes
(minutes of executive session prepared separately)
A MOTION was proposed by Mr.Snell and seconded by Mr. Hurd, to leave Executive
Session.
A roll call vote was taken:
Mr. Snell: Yes
Mr.Hurd: Yes
Mr.Domnitz: Yes
Mrs.Wolf: Yes
Mr.Craig: Yes
OTHER BUSINESS:
Upcoming meetings of other committees
Mr. Whitehead mentioned that the Cultural and Historic Resources and Governance sub-committee (CHuG) is holding a focus group meeting on Town Meeting effectiveness on September 25th, which is the same night as the Hanscom Area Towns Committee meeting. It was agreed that Mrs. Wolf would attend CHuG’s meeting.
Other upcoming meetings are:
Comprehensive Long Range Plan Steering Committee – September 4th
Comprehensive Long Range Plan Committee – September 16th (with Sept 24th as potential follow-on date)
At Risk Properties presentation to Selectmen and Planning Board – September 22nd
Traffic Committee – September 17th
Town Planner’s Report
Mr. Whitehead reported from the staff Land Use Group meeting. Other boards are dealing with several of the same sites as the Planning Board. A complaint has been received about lighting at Minuteman Commons; the Building Inspector is investigating it.
Mr. Whitehead said he has spoken with Mr. McGean about lighting at the Mall. The Rural Land Foundation has also heard complaints and intends to try using lower-powered bulbs. The restaurant operator for the Mall will come before the Board for review as an administrative amendment to the special permit.
The Board’s upcoming schedule was discussed. It was agreed to schedule a review of funds held in connection with developments on September 17th, and to cancel the September 10th meeting.
Submitted by Catherine Perry
Approved September 17, 2008
TOWN OF LINCOLN
MINUTES OF PLANNING BOARD EXECUTIVE SESSION
Held September 3, 2008
At 9:00 PM in the Donaldson Room, Lincoln Town Offices
PRESENT: R.Domnitz (Chairman), B.Wolf, J.Craig, K.Hurd, J.Snell
STAFF: M.Whitehead, C.Perry
DISCUSSION OF STRATEGY: BELL ATLANTIC MOBILE, 0 Bedford Road, Map 29/Lot 25, appeal of Verizon Notice of Decision
At its last discussion on July 16th, the Board had suggested delaying the legal case to allow the Board to view the light shield that will be installed on the Sprint tower on the Yagjian site, but allowing Verizon to proceed with installing its antennas in the meantime at its own risk. Town Counsel has confirmed that Verizon is agreeable to this approach.
The Board discussed the tree planting condition. This was set out in the written decision for the previous special permit and was carried forward by reference in the current decision. There is no plan on file showing the trees but they were described as six pine trees on the Cunningham’s property and their planting was at the property owner’s discretion. The Board checked the location of the property. The Board asked Mr. Whitehead to contact Jim Cunningham to try to ascertain whether the owners would still like the condition to be applied.
A MOTION was proposed by Mr. Hurd and seconded by Mr. Craig, to support a joint request for a four month extension of the court timescale, and to allow the applicant to install its equipment in advance of settling the issues that are in litigation. Passed 5-0
9:20 PM DISCUSSION OF STRATEGY: EGENDORF, 10 Tower Road, Map 74/Lot 24, appeal of Notice of Decision.
The Chairman reviewed the fact that Mr. Egendorf has received a variance from Massachusetts DEP for a septic system in the new location on the basis of it serving the existing house and having a capacity of seven bedrooms plus a garbage grinder. It appears that the variance approval no longer requires a deed restriction. The Board has not seen the plans that were submitted for the variance; it asked Mr. Whitehead to try to obtain a copy.
The Board previously asked Town Counsel whether Mr. Egendorf can proceed with the septic system independently of the approved site plan, and whether a later house addition would violate the terms of the DEP variance. Advice received from Mr. Bard is that if Mr. Egendorf wishes to proceed with the house addition, he has to comply with all the site plan approval conditions. He has written to Mr. Egendorf’s lawyer stating that with this septic system approval, the addition cannot go ahead. The Board surmised that Mr. Egendorf may be able to withdraw the site plan for now, or let it lapse, and install the new septic system. Mr. Bard had mentioned that the DEP generally resists the segmenting of a project but this may only mean that it would not allow a larger septic system in future. The Chairman wished
to clarify whether the septic installation can go ahead while there are inconsistent proposals in play.
Submitted by Catherine Perry Approved September 17, 2008
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