MINUTES
Board of Selectmen’s Meeting
March 20, 2006
PRESENT: Sarah Cannon-Holden (Chairman), Sara Mattes, Gary Taylor,
STAFF: Timothy Higgins (Town Administrator), Debra Parkhurst (Adm. Asst.)
Welcome and Introductions: The meeting opened at 7:30 PM. The Chairman welcomed the public, reviewed the agenda and action items for the meeting.
Announcements: The Chairman noted that they there was no cable TV or videotape coverage for this meeting. Ms. Mattes announced that there would be a meeting on Tuesday night regarding the concept for an Agriculture Commission in Lincoln. Representatives from the Sudbury and Concord Agriculture Commissions will be present. Ms. Mattes announced that the HATS meeting on March 23 will focus on Chapter 40B Housing, and in particular, the successes and problems encountered in Lexington and Bedford. They will also discuss the recent Pioneer/Rappaport Report. The Chairman announced that Town Clerk Nancy Zuelke will be retiring after 30 years working for the Town. There will be a retirement party from 4:30- 6:30 PM on Friday, March 31, 2006.
Open Forum
The Chairman noted that there were representatives from several neighborhoods in Town that were concerned with the possible development and construction of non-profit institutions (a church on Acorn Lane and a private school on Baker Bridge Road). The Chairman said that Town Counsel was present and would be able to inform them of relevant law and the Town’s role vis-à-vis these developments., She specifically noted that this is not a hearing, but an opportunity to hear succinct concerns from the residents and learn from Town Counsel.
Jonathan Hammond, 64 Baker Bridge Road, provided information and a list of signatures from neighbors concerned about the proposed school project. They hope that Town boards can provide some protection. In response to the Chairman, Mr. Hammond said that he has tried to contact the school and has not gotten a response. The neighbors also said that this area is the vicinity of the Gropius House, Lovelane, and the Carroll School, and this additional new school and driveway would add 50+ students as well as the traffic of teachers, administrators and parents to the area. Neighbors to the proposed project spoke of concerns with noise, lights, traffic, and the impact to wetlands as well as other unintended consequences.
Neighbors on Acorn Lane, a cul-de-sac of six houses, had similar concerns because a new church is proposed for one of the house lots. They believe as many as 200 people attend the church service on a Sunday.
Town Counsel Joel Bard spoke about a provision of Massachusetts Law known as the ‘Dover Amendment.” About 50 years ago, Massachusetts law adopted a provision that is proactively in favor of non-profit religious and educational institutions. This has been further strengthened by by case law from some of the larger educational institutions such as Tufts University and Boston College. The law was written to take control of the location of these institutions away from communities. He noted that Cambridge and Boston have enormous loss of revenue and are somewhat powerless to restrain the institutions’ growth. In answer to Ms. Mattes, Mr. Bard said that court cases challenging the amendment have gone as high as the Supreme Judicial Court in Massachusetts. He
noted the recent case of the Mormon Temple in Belmont as an example where neighbors had appealed the decision of the Zoning Board of Appeals, and the case was lost. A community may exert reasonable zoning and parking regulations, but the use may not be regulated away. He also said that wetland bylaws and septic bylaws are not zoning regulations and will have to be met. Mr. Bard went on to explain how the permit process works in Lincoln. The Building Inspector will refer the applicant to the Planning Board Review for site plan review. The Board of Selectmen will not have a regulatory role. They noted that departments, including public safety, will comment on the proposal. Ken Hurd, Planning Board chairman, said that the Zoning Bylaw requires a 75 foot setback for institutions in a residential zone. Discussion followed on the various regulatory boards. The Chairman noted that the Selectmen understand the general sense of
concern for these projects.
Town Counsel & Citizen Petitioners; Re: Alcohol Licensing
Mr. Brad Meyer introduced himself as a sponsor for the petition for a beer and wine license. General discussion followed on parameters set by the legislature and the Alcoholic Beverage Commission. Town Counsel Bard said that this petition is requesting permission from the Massachusetts Legislature to issue one license. If it passes, a bill will go to the legislature. The Board of Selectmen then become license issuers and adopts regulations. Mr. Bard said the license is available for transfer, but noted that recently such legislation has been very specific and the special act could specify that once granted it may not be transferred. Town Moderator Jack French noted that if passed, this article will have to go back to a ballot by the town. In answer to a query about
how liquor licenses are revoked, Mr. Bard answered that if there are problems with the establishment, such as serving to minors or persons already drunk, then the ABCC (Alcoholic Beverage Control Commission) may conduct a hearing and then revoke the license. Town meeting may also decide through another vote, that all licenses may be revoked. Discussion followed on regulations and suitability. The Town could not require a fine food establishment, but could have the license go with a common victualer’s license.
Rural Land Foundation Re: Mall Redevelopment Planning Update
Present; Amalie Kass, Chairman of the Rural Land Foundation (RLF) and Dan England , Chairman of the Mall Committee:
Mrs. Kass reported that the Mall plans include a new Post Office to comply with their needs, a community café and an expanded Donelan’s grocery. They will also upgrade the exterior. The project will not include housing.. They studied housing on the site and met with three different consultants. She said the constraints on the site were significant and could put the retail operations at risk. They will also rehabilitate the second floor office space. The RLF will have to go back to the Zoning Board of Appeals. Mrs. Kass also said they have had discussions with Nick Boynton, owner of property across the street and he is interested in re-development including housing. Discussion followed on the carrying capacity of the treatment plan at Lincoln Woods,
and the Board stressed that it is important that this issue be resolved with the DEP. The RLF contended that is not an issue for the Mall if there is no housing. Ms. Mattes said the septic issue is a continuing question. The Board also said they had supported re-development that included housing. Mr. England said that the non- “core” tenants might have to leave if housing were added because the construction of housing would require relocation of some of the tenants. Mrs. Kass said that the RLF does not have funds for the carrying costs during the re-building and they run the risk of losing tenants. Pam Green, Chairman of the Zoning Board of Appeals, said they the RLF had received approvals from the ZBA based on a concept that is now different and they will have to come back to the ZBA with new facts and plans. Mr. England said the RLF will support the petition for a liquor license because a restaurant makes the Mall more viable.
The RLF also said they will request to pass over the article reserved for the South Lincoln Planning District.
Rick Wiggin – Lincoln Minute Men:
The Selectmen thanked Mr. Wiggin and the Minuteman for a wonderful Sunday afternoon. Mr. Wiggin said he had been in touch with the Selectmen about use of the Town Seal. He said there is an official relationship since the Board of Selectmen made a proclamation at the formation of the Lincoln Minute Men. He said the Minute Men are an independent, non-profit organization, and are asking the Selectmen to co-sponsor their activities. They would like the April events to have an official Town sanction. Following discussion, Mrs. Mattes made a Motion and Mr. Taylor seconded to co-sponsor with the Lincoln Minute Men all the Patriot Day activities for April 2006. The Motion passed unanimously.
DISCUSSION
Town Meeting
The Selectmen reviewed language for various articles on the Annual Town Warrant. The Board discussed the reinstatement of the COA budget. Ms. Mattes will hold out that line item to explain the details. Mr. Taylor will hold out the line item for the firefighter request. The Board requested that Article 5 be placed on the Consent Calendar since it is an item that appears every year.
Mr. Taylor made a MOTION, Ms. Mattes seconded to support Article 42, the citizen’s petition to the legislature for an Alcoholic Beverage License. The Board said they were supportive of this going to a ballot vote. The Motion passed 3-0.
Ms. Mattes made a MOTION, Mr. Taylor seconded to support and speak to Article 33, Neighborhood Conservation District. The MOTION passed 3-0.
The Board briefly discussed the Policy Brief from the Federal Reserve on Chapter 40R and 40S
Action Items
Firefighter Appointments
A Motion was made and seconded to appoint Mark Mola as Firefighter. The Motion passed unanimously
A Motion was made and seconded to appoint Matthew D’Innocenzo as Duty Call Firefighter. The Motion passed unanimously.
Ms. Mattes requested a follow up report form Fire Chief Cotoni re the potential for explosion damage from the Cross point development at Hanscom. She would like to know the impact (size of explosion, environmental hazards) if something were to penetrate the building and ignite the fuel stored there. Mr. Higgins said they will continue to pursue the information.
Minutes: February meetings - deferred
Approve Warrants
The Meeting adjourned at 10:10 PM
Submitted by Debra Parkhurst
Approved 05/15/06
|