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JUNE 22, 2009
 MEETING MINUTES
BOARD OF SELECTMEN
Monday, June 22, 2009

PRESENT: Sarah Cannon Holden (Chairman), Sara Mattes, Gary Taylor
STAFF: Timothy Higgins (Town Administrator), Debra Parkhurst (Administrative Assistant)

Attendees: Dan Boynton, Mark Whitehead, Ken Hurd, Ben Aaronson, Jim Meadors, Peter VonMertens, Tom Blakeley, Jason Felsch, Bob Domnitz, Al Schmertzler, John Snell, Peter Sugar, John Koenig, Noah Eckhouse, Judi Barrett (Community Opportunities Group).

Welcome & Introductions: Mrs. Holden welcomed the public and reviewed the agenda.

ANNOUNCEMENTS:
·       Ms. Mattes announced the next HATS Meeting scheduled for Thursday, June 25 at 7:30 PM in the Lincoln Town Offices.  The subject is Regional Services, with representation from the Administrations and Finance Committees of the four towns.  

APPOINTMENTS:    Peter VonMertens & Jim Meadors, Conservation Commission Co-Chairs
Re:     Commission’s Roles & Responsibilities
Mr. VonMertens spoke of an excellent forum with other area Conservation Commissions through the regional HATS organization.  Jim Meadors gave a summary of the regulatory responsibilities of the Commission, which includes enforcing the State and local Wetland Protection regulations.  Residents considering work within 100 feet of wetlands must get permission from the Commission.  The Commission also protects habitat and species.  Lincoln has a large amount of wetlands, public conservation land and private land with conservation restrictions, and the Conservation Commission works closely with the other conservation groups in town: the Lincoln Land Conservation Trust and the Rural Land Foundation.   The Commission has four staff, plus two summer interns who work outside.   The Commission’s goals are to maintain open space, responsible farming, bio-diversity, and recreational opportunities.  With the assistance of the LLCT, a method of monitoring open space was developed.  Properties are looked at every year along with written reports which are all placed into a data base.  Mr. VonMertens added that their  work also protects water resources.  The Commission also runs Conservation Coffees and community walks on the trails.  

The Commissioners mentioned the generosity of Lincoln landowners to allow public use of private trails.  This past year, they continued their work on invasive species, including an organized  “garlic mustard “(invasive weed) pull and additional work against the onslaught of the wooly adelgid on the hemlocks behind the Codman House.  

The Commission is always looking for people with interest and background in various wildlife species, interest in and knowledge of the trails, legal experience and some degree of flexible time.  The Commission meets twice a month and site visits are conducted for most permit applications. Members are also delegated as liaisons to other boards.  

Some 40% of the Town is Open Space, with 80 miles of trails (including private).  The Commission noted that the controversial closing of specific trails in the Mt. Misery area to off-leash dogs has gone well.   In that same area, protective fencing went up around some ponds, while retaining certain areas where dogs can swim.   

The Open Space Plan was approved about one year ago.  Copies are available at the Library and on line.   The Chairman said they would interview any new applicants in July.

Joint Meeting of Selectmen & Planning Board
Re:     Interview Candidate for Planning Board
Joining the Selectmen were Planning Board members Bob Domnitz (co-Chair) and Ken Hurd, as well as candidate for Planning Board vacancy, Dan Boynton.    Pursuant to Chapter 41, Section 11 of Mass. General Laws, when there is a vacancy on the Planning Board, a Joint Meeting of the Selectmen and Planning Board shall be called to vote on a new member to fill the position until the next annual election.  Past member John Snell did not seek re-election last March.  Ephraim Flint won the position on a write-in vote, but subsequently resigned.

Mr. Hurd explained that Mr. Snell had spent much of his time on the Board working on the Crosby’s Corner Route 2 Project.  Dan Boynton has applied for the position.  He is very familiar with the details of the Project, having followed it for many years.  The Board agreed that someone who is able to address critical issues as they come forward would be helpful.  Mr. Boynton noted that there have been several staff changes within Mass Highway over the years, and continuity would be important.  Mr. Boynton also said he checked with the State regarding Conflict of Interest and he said as long as he files a written acknowledgement that he owns affected property and the Selectmen sign the document, it would be alright.  

Mr. Hurd made a MOTION to nominate Dan Boynton for a One-year term until the next Annual Town Election (2010), at which time, should he wish to continue, he would have to run for the remainder of the original five year term.  The Motion passed unanimously by those members present (Selectmen Holden, Mattes, and Taylor; Planning Board members Domnitz and Hurd).

        Comprehensive Planning Committee Chairman Ken Hurd
        Re: Status Report
Mr. Hurd said the Plan has taken a little longer than anticipated.  He compared the process to conducting an orchestra.  The work has included 70 people, seven public outreach meetings and several reports to Town meetings and State of the Town(s).  Recently, “fresh eyes” have looked at the work.  Mr. Hurd explained that the Plan is structured with an Executive Summary at the beginning followed by chapters on Land Use, Natural Resources, Culture and Historic Resources, Built Environment, Open Space, Housing, Economic Development, Transportation and Circulation, Community Services and Facilities, Governance, and Implementation.  Seven themes integrate these elements for future opportunities and challenges: Land Use Policy, Assets and Resources, Town Character, Transportation, Finances and Economic Sustainability, Governance and Civic Responsibility, and Infrastructure and Communications.   The Committee has not set priorities within the Implementation Chapter, but they have discussed using a chart of the data base to better define the priorities in the future.  The Planning Board has scheduled a public hearing for July 21.  Mr. Hurd hopes that tonight’s venue provides an opportunity for parties to weigh in and get back to the Planning Board with big issues before that date.  

Ms. Mattes asked about setting a context for a Master Plan.  Mr. Hurd explained that the Commonwealth requires towns to have a Master Plan.  He noted that there is a movement within state government to change land use policies, which includes “smart growth” and increased densities.  The Master Plan provides a benchmark for the Town to look at going forward.  Ms. Mattes noted that past planning documents by the Town were internal.  She said it is important to pay attention and understand the implications of this formal document for the future.   Mr. Eckhouse said that past efforts, including broad studies and smaller analyses, were included as part of the Master Plan.   Mr. Hurd said the Master Plan is designed to give guidance, direction, and provide the will of the Town.  It moves beyond zoning.

Mr. Taylor commented that some of the goals in the report do not “mesh” together and these should be identified and reconciled.  As an example, he noted the difficulty of reconciling economic stability and land use.  Mr. Hurd then discussed the unpredictability inherent in some of the Lincoln land use planning tools, such as the overlay district.  In other towns, an overlay district provides for an easier process and predictability.  Mr. Hurd also noted that unclear direction from the state on water use and issues surrounding accessory apartments are other difficult planning issues.

Finally, Mr. Hurd discussed looking for directions and input regarding regional development.  Peter Sugar mentioned the need for more volunteers.  Mr. Domnitz said that there are 40 pages of action items which need to be prioritized.  

Discussion turned to economic stability.  Mr. Eckhouse and Mr. Sugar stressed that the importance of the financial underpinning and the Town needs to understand its own financial requirements, how these can be supported and still maintain population (economic) diversity.   Discussion turned to diversifying the tax base to help the town’s fiscal position.  It was suggested that public purpose should be analyzed initially, then the Town can figure out how to fund its needs.  

Mr. Bassett talked about the history of where the Town stands now.  He noted that the 1958 plan included development of Mill Street; however, that study identifies a process for the Planning Board, but does not recommend re-zoning and does not identify sites.  He suggested that the current Plan create a process.  Mr. Taylor commented that the At-Risk Committee used an established process to vet projects.   He said that the objective is to have a transparent process, yet not create criteria that would cause difficulties.   Ms. Mattes added that that while the Plan may discuss trade-offs (with explicit examples), the terms should be vague in order to provide leverage.  

Discussion turned to revenues.  Mr. Domnitz commented that Proposition 2 ½ has been in effect for 30 years, and the Town has managed.  Mr. Taylor noted that this year and the next are more stable because the Deaconess Groves is being added.   There is always a cost pressure on services and the Town needs to think about diversifying its tax base.   Mr. Domnitz raised the concern that the Town has a structural deficit every year, and adding commercial development does not solve it.   Mr. Koenig commented that the FINCOM has not advocated for either position.  He noted that there has not been a recent 2 ½% override, but the new Deaconess Groves development is filling in that gap.  Mr. Higgins said that the Lincoln has used a “soft landing” approach with more frequent overrides (7-8), but each of these had been on a lesser scale than other communities.  Economic development has been on a targeted basis.   The FINCOM has helped the Town understand the importance of the overrides, but is not driving the motivation for new development.  Mr. Sugar commented that 20% of the residents could be “squeezed” out of town with rising taxes.  Members of the Board discussed understanding the ramifications of a “do nothing” approach and to look at trade offs this may entail.  Mr. Taylor said the Town has been riding a reduction in investment in infrastructure for many years.   Mr. Schmertzler said the “soft landing” anticipates where expenses would be in the future.  The Town should think about this in advance to plan for economic development.  

Discussion turned back to a planning group that works with a potential developer prior to meeting with the Planning Board.  Mr. Higgins commented that if the Planning Board is involved too early there is concern that their process, as the permitting agency,, would be compromised.  He noted that the early vetting process with Deaconess assured a workable situation regarding water use and satisfying abutters’ concerns.  By convening a meeting early with various parties on a conceptual level, it gives some predictability for the developer and satisfies most town concerns.  

Judi Barrett of COG said the Planning Board oversees the zoning process.  Ken Bassett suggested looking for a framework under Planning Board direction with a certain level of predictability.  Judi suggested codifying land use review which lays out criteria.  Mr. Bassett added that neighborhood concerns must be addressed early.   Ken Hurd said water resources are a major concern, noting that the Water Board worked with the Deaconess Groves development for mitigation.   Mr. Higgins added that there is a cap on municipal water withdrawal and this could be a potential future constraint.  Ms. Mattes added that this impacts development as approvals can only move forward with mitigation or conservation.  The Board talked about the pressure from state and regional organization to increase population density while trying to maintain the Town’s open land.   The Selectmen will get back to the Steering Committee with comments on the Executive Summary.  

Open forum:  No one spoke at this session.

TOWN ADMINISTRATOR’S REPORT AND DISCUSSION
·       Paving Project - Mr. Higgins reported that the Town prevailed.  The paving work should commence the week of July 6, and will (hopefully) be substantially completed by winter.
·       Railroad Crossing Improvements - Mr.  Higgins reported that the improvement plan will be presented at the Selectmen’s Meeting on July 13.  Abutters and neighbors will be notified.  He reminded the Board that if the improvements are not made, then the train whistle ban will be lifted, and train whistles will blow.
·       Hollingsworth Property - The HDC and LHC have given their input. The Conservation and Historic Preservation Restrictions are almost final, and should be back for a Board vote in July.    An appraisal will be done.  The Board will have the right to reject bids and start over.  
·       Technology Planning Committee – The Board voted to award the contract to e-Gov at a past meeting.  They have begun the project.
·       Public Safety Tower – The FAA has approved the plan for installation at 66’ with an unlit light.  The Town is working on final landscape plan elements with the abutters.  
·       State Budget – Mr. Higgins reported that the Town is slightly better than previously anticipated.  The budget may be short $170,000, not counting the Groves delay shortfall.  PILOT payments by the State may be decreased by $40,000 (out of $400,000 annually).

LIAISON REPORTS
·       Mrs. Holden recently attended a CAC meeting regarding the status of Crosby’s Corner and said that affected Lincoln houses are scheduled to be taken this month.  .  

ACTION ITEMS
·       Fire Lieutenant Appointment: Due to a resignation, Chief Cotoni has requested the promotion of Scott Christensen to Lieutenant.    Ms. Mattes made a MOTION to appoint Scott Christensen to the position of Lieutenant for the Lincoln Fire Department.  Mr. Taylor seconded and the Motion passed unanimously.  
·       HOUSING COMMISSION APPOINTMENT:  Mr. Taylor made a MOTION to re-appoint George Georges to a term of five years to the Housing Commission (2009-2014).  Ms. Mattes seconded and the MOTION passed unanimously.  
·       The Selectmen will next meet on July 13 and July 20.  The Selectmen will not meet during the month of August.  

Minutes – deferred

Submitted by Debra Parkhurst                                            Approved July 13, 2009






 
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