MEETING MINUTES
BOARD OF SELECTMEN
Monday, December 15, 2008
PRESENT: Sara A, Mattes (Chairman), Sarah Cannon Holden
ABSENT: Gary Taylor
STAFF: Timothy Higgins (Town Administrator)
Welcome & Introductions: The Chairman announced a limited meeting due to the interest of the Board in attending a meeting of the Sudbury Budget Task Force this evening. That meeting begins at 7:30 PM.
No appointments scheduled.
Open Forum:
Neighbors of the proposed radio tower on Bedford Road came forward to discuss their concerns with the proposed tower and the FAA mandatory requirement that the tower have a light. Mr. Higgins and the Chairman informed the residents that there is a scheduled meeting with the Radio Tower Committee this Thursday night (December 18) where many of their questions would be answered.
Discussion:
The Chairman asked Mrs. Holden to review the letter from Town Counsel Joel Bard of Kopelman & Paige dated December 9, 2008 that responded to questions raised at the Selectmen’s meeting of November 24 and in a letter from resident Fred Hopengarten dated November 24, 2008. Mrs. Holden said the letter from Town Counsel provided three key opinions:
1. The Dover Amendment : The Dover Amendment, MGL c 40A, 3 would allow this type of group residence to be located anywhere in town. Mr. Bard reviewed the relevant facts in the CMARC case, including its mission and purpose to provide training and education in community living and life skills. Mr. Bard cited several cases in Massachusetts courts where similar uses for congregate living have qualified as educational uses under the Dover Amendment, and cited additional cases where operators of such similar facilities were judged to be nonprofit educational institutions. In addition, he noted that the Town’s Zoning Bylaws specifically incorporate the Dover Amendment.
2. Definition of Family : Mr. Bard states that the Lincoln Zoning Bylaw does not include a definition of family, while the courts have defined family broadly. In this case, several unrelated people will share a single family home and live together as a family. Mr. Bard added that Federal law would most likely not allow a definition of family that excluded congregate living for the disabled. Mr. Bard believes the Dover Amendment would also exempt this type of living situation from a restrictive definition of family.
3. Notice prior to purchase: Mr. Bard indicated in his letter that any notice prior to purchase would be in violation of both the federal Fair Housing Act Amendments and Massachusetts Antidiscrimination Law. He noted that because the disabled often use affordable housing, any pre-use or pre-construction notification would “raise concerns” under FHAA. He said that Massachusetts Law is broader, and protects any person from discrimination who is a recipient of federal state or local assistance, including medical assistance, or tenants receiving subsidies. Prior notice, he believes, would be treated as a violation of state law. He noted, in his conclusion, that the FHAA has serious penalties for violations, including reimbursement of attorneys fees.
Action:
Agriculture Commission Appointments:
Mrs. Holden made a MOTION, Ms. Mattes seconded to appoint the following to the Agriculture Commission until April 2009, at which time Members may be re-appointed in accordance with the standard procedures for the appointment process:
Nancy Bergen, Lynn Bower, Kit Carmody, Jay Harrison, Kip Kumler, Ari Kurtz, Margaret (Peg) Marsh, Ellen Raja, Christy Foote Smith, Heidi Tafel, and Beth Taylor.
The Motion passed unanimously.
MOTION: CONSERVATION RESTRICTION:
Mrs. Holden made a MOTION to approve the Town of Lincoln Accept the generous gift from the Thornton family of 3.27 acres located on Todd Pond Road for conservation purposes. Ms. Mattes seconded and the MOTION passed unanimously
Warrants:
The Selectmen reviewed, approved and signed the warrants.
The meeting adjourned at 8:00 PM.
Submitted by Debra Parkhurst
Approved on May 4, 2009
|