Re: [LincolnTalk] HCA & Codman Road

Wed, 18 Oct 2023 02:54:39 -0700

… a lot of highly qualified language and mention of what’s “ practicable.”
A lot is highly subjective.

I still am asking, what legal teeth does SPR have, if any.
Can a building permit be denied if the proposed development does not conform to neighborhood appearances, look, feel?

I wonder as the images shown by RLF for the proposed redevelopment of the Mall looked nothing like the modest buildings around.
It had s lot of massing and was one building consuming a very large area.
If that is what fronts Lincoln Rd, it has none of the look and feel of the buildings across the street, or that of Concord‘s or Weston’s or Lexington’s village look and feel.
Would those towns propose such redevelopment?
This proposal feels like the intersection of Walnut and Washington St in Newtonvile.

How would the PB address this in site plane review?
What legal leverage would they have, if any, to ask for change?

… all a bit unnerving….

Sent from my iPhone

On Oct 16, 2023, at 8:18 PM, Fred Hopengarten <[email protected]> wrote:



The question has been asked:  “It would be helpful to have an official definition, including all the regulatory conditions that can be deployed in said review.”

Without editorializing, here are the Site Plan Review Standards:

 

17.4 Site Plan Approval Standards and Criteria. The Planning Board shall approve a site plan in the form submitted or with such reasonable conditions relating to the standards and criteria described in this section as the Planning Board may impose, unless it finds that

(a) the application for site plan approval is incomplete, (b) the imposition of reasonable conditions will not ensure that the project will conform to the standards and criteria described in this section, (c) the project does not comply with the requirements of the Zoning By-law. The standards and criteria are as follows: (a) Preservation of Landscape, The landscape shall be preserved in its natural state insofar as practicable by minimizing any grade changes and vegetation and soil removal.

(b) Relation of Buildings to Environment. Proposed development shall relate harmoniously to the terrain and to the use, scale, and proportions of existing and proposed buildings in the vicinity and shall provide a solar and wind orientation which encourages energy conservation.

(c) Building Design and Landscaping. Proposed development shall be in harmony with the prevailing character and scale of the buildings in the neighborhood and the Town through the use of appropriate scale, massing, building materials, screening, lighting and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to one another and the surrounding neighborhoods.

(d) Open Space, All open space shall be so designed as to add to the visual amenities of the neighborhood by maximizing its visibility for persons passing the site or overlooking it from nearby properties. (e) Circulation. Entrances, ramps, walkways, drives and parking, the location and number of access points, the public street (especially in relation to existing traffic controls and mass transit facilities), width of interior drives and access points, general interior circulation, pedestrian and vehicular traffic, access to community facilities, and arrangement of parking areas shall be safe and convenient and, insofar as practicable, not detract from the use and enjoyment of proposed and adjacent buildings and structures, and do not materially reduce the level of service on any public ways. The development should, where applicable, serve to enhance the Town system of public facilities and services such as conservation areas, recreation facilities, footpaths or bicycle paths, streets, transportation systems or utility systems.

(f) Surface Water Drainage. The development shall incorporate measures that are adequate to prevent pollution of surface water or groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased rates of run-off and potential for flooding. Drainage shall be designed so that the rate of run-off shall not be increased in amount or velocity, and groundwater recharge is maximized. Proper site surface drainage should not adversely affect neighboring properties or the public storm drainage system. Storm water shall be removed from all roofs, canopies and paved areas, and carried away in an underground drainage system. Surface water in all impervious surfaces shall be collected at intervals and disposed of so that it will not adversely affect the flow of vehicular or pedestrian traffic, and will not create puddles in the paved areas.

(g) Water and Waste Disposal. The development shall be served with adequate water supply and waste disposal systems. For structures to be served by on-site waste disposal systems, the applicant shall submit a system design prepared by a registered engineer and containing all information necessary for the Board of Health to approve the on-site waste disposal system.

(h) Utility Service. To the extent feasible, electric, telephone, cable TV and other such lines and equipment shall be underground. The proposed method of solid waste disposal from all buildings shall be indicated. Building structures and adjacent grounds shall permit easy access and operation by fire, police and other emergency personnel and equipment.

(i) Signs. The size, location, design, color, texture, lighting and materials of all signs shall not detract from the use and enjoyment of proposed buildings and structures and the surrounding neighborhood.

(j) Special Features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be subject to such setbacks, screen plantings or other screening methods as shall be feasible to prevent their being incongruous with the existing or contemplated environment and the surrounding neighborhood.

(k) Screening. Screening consisting of a solid fence, wall or evergreen planting, in all cases not less than six (6) feet in height or as specified by the Planning Board, shall be provided, erected and maintained wherever feasible to shield the business and light industrial uses of land from any adjoining residential property.

(l) Consistency with the By-law. The Planning Board may in any particular case where it determines such action to be consistent with the purpose and intent of the Zoning By-law and otherwise in the public interest, waive strict compliance with its Rules and Regulations and with the requirements contained in this section.

 

Editorial: If you can’t understand, or disapprove of, these standards and criteria, you shouldn’t have voted for them. They were passed by Town Meeting. Any voter can propose changes, again for approval at Town Meeting, employing the usual methods. But this is what the Town Elders brought to Town Meeting and it passed.

 

The entirety of Site Plan regulation may be found at https://www.lincolntown.org/DocumentCenter/View/72768/Zoning-Bylaw-FINAL-2022-UPDATED?bidId=

See Section 17. SITE PLANS.

 

I am not your lawyer, and don’t wish to receive phone calls asking me to explain site plan review.

If, as examples, you own a radio or TV station, cell phone company, wireless internet service provider, etc., and want to erect an antenna, that’s a different story. We can talk.

 

Fred Hopengarten, Esq.                                [email protected]

Six Willarch Road                                              www.antennazoning.com

Lincoln, MA 01773                                                   781.259.0088

                                    

<image001.jpg>

 

 

 

 

From: Lincoln [mailto:[email protected]] On Behalf Of Sara Mattes
Sent: Monday, October 16, 2023 1:09 PM
To: Linda McMillan
Cc: David Onigman; Lincoln Talk
Subject: Re: [LincolnTalk] HCA & Codman Road

 

A lot of references have been made to “ site review.”

It would be helpful to have an official definition, including all the regulatory conditions that can be deployed in said review.

What enforceable controls does it offer?

Something straightforward- bullet points, eg. would be helpful.

 

Sent from my iPhone




Virus-free.www.avast.com
-- 
The LincolnTalk mailing list.
To post, send mail to [email protected].
Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/.
Change your subscription settings at 
https://pairlist9.pair.net/mailman/listinfo/lincoln.

Reply via email to