WELLESLEY PLANNING BOARD
REGULAR MEETING
MONDAY, DECEMBER 7, 2009, 7:30 PM
GREAT HALL-TOWN HALL
MINUTES
Planning Board Present: Mr. McCauley, Ms. Wasser, Ms. Donahue, Ms. Conroy, and Mr. Chan
Staff Present: Ms. Jop, Mr. Zehner, Mr. Parsons
Also Present: Steve Sykes, Virginia Ferko, Luisa O'Toole, John Chapman, Fred Kelly, Alicia Kelly, David Pichulo, Jared Parker
1. Approval Not Required Plan PBC 09-07
#10 Thomas Road/#395 Weston Road
Ms. Luisa O'Toole came before the Board representing the proposed Approval Not Required Plan. The proposed plan would separate a small parcel of land 99 square feet in area from 394 Weston Road and combine the parcel with 10 Jackson Road to make the nonconforming 9931 square foot lot to a conforming 10,030 square foot lot in a SRD 10,000 square foot zone.
The Board after a brief discussion noted the proposal creates a conforming lot which is consistent with the Zoning Bylaw and moved, seconded, and voted unanimously to approve PBC 09-07 as presented.
2. ZBA Cases
Abbott Wellesley Hills Children's Learning Center
28 Abbott Road
The Board recommended that the request for relief from the parking requirements of Section II.3A. be DENIED. The Board's recommendation is based on the opinion that the parking regulations contained in Section II.3A.,f., as applied to the subject property, are reasonable.
Therefore, based on the above, the Board suggests that the applicant be advised of the following options:
1. The applicant may request a variance from the provisions of Section II.3A.,f.;
2. The applicant may seek a Special Permit under Section XXI., Parking, Part E., Administration, Subpart 2., Special Permits, to allow required parking spaces to be provided on another lot within a walking distance of six-hundred (600) feet from the building (The Board opposes the applicant's contention that the Town, under M.G.L. Chapter 40A,§3 (provided as follows), may not require the Center to seek a Special Permit; rather, the Board is of the opinion that the aforementioned provision prohibits the Town from requiring a Special Permit for the use of land for the operation of a child care facility, and does not prohibit the Town from requiring Special Permits for other site design regulations, such as the provision of parking. The Board is of the opinion that nothing in the M.G.L. provisions can be
construed to limit the Town's ability to require a Special Permit to be sought by a child care facility to request alternative means of parking); or
M.G.L. Chapter 40A, §3, Paragraph 3
No zoning ordinance or bylaw in any city or town shall prohibit, or require a special permit for, the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this paragraph, the term "child care facility'' shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D.
ZBA 2009-84
Bing Hou & Gwen Zhang
19 Roberts Road
The Board recommended that the petition be APPROVED. The Board recognizes that Section XVII, D., prohibits the alteration, extension, repair or reconstruction of pre-existing nonconforming structures, except as provided in such Section. Section XVII, B., 1., provides that alterations and/or additions that do not intensify existing nonconformities nor result in additional nonconformities will be entitled to a building permit. It is the Board's opinion that the proposed alteration and addition would neither intensify existing nonconformities nor result in additional nonconformities, thereby serving as the basis for the Board's recommendation; however, the Board is concerned that the proposed addition will exceed the threshold for Large House Review ("LHR") and, if determined to be the case, should be evaluated by the ZBA under the LHR
Standards and Criteria for Review (Section XVID, E.).
ZBA 2009-85
Rahim Sohani
100 Pilgrim Road
The Board recommended no comment.
ZBA 2009-86
Caroline & John Barrie
15 Marvin Road
The Board recommended that the petition be APPROVED. The Board recognizes that Section XVII, D., prohibits the alteration, extension, repair or reconstruction of pre-existing nonconforming structures, except as provided in such Section. Section XVII, B., 1., provides that alterations and/or additions that do not intensify existing nonconformities nor result in additional nonconformities will be entitled to a building permit. While the proposed alteration does not result in additional nonconformities, it is the Board's opinion that the proposed alteration would intensify existing nonconformities; however, the change is not substantially more detrimental to the neighborhood than the existing nonconforming structure, thereby serving as the basis for the Board's recommendation.
ZBA 2009-87
Christopher & Donna Wargo
45 Brook Street
The Board recommended that the petition be APPROVED. The Board recognizes that Section XVII, D., prohibits the alteration, extension, repair or reconstruction of pre-existing nonconforming structures, except as provided in such Section. Section XVII, B., 1., provides that alterations and/or additions that do not intensify existing nonconformities nor result in additional nonconformities will be entitled to a permit. It is the Board's opinion that the proposed alteration and addition would neither intensify existing nonconformities nor result in additional nonconformities, thereby serving as the basis for the Board's recommendation.
ZBA 2009-88
Frank Prall
41 Howe Street
The Board recommended that the petition be DENIED. The Board's recommendation is based on the opinion that the proposed construction would both intensify an existing nonconformity and result in an additional nonconformity due to the introduction of new building area within a portion of the front yard setback not currently encroached upon and the addition of a second story in the area currently encroaching on the front yard setback with only one story. The Board finds that this intensification and addition would be substantially more detrimental to the neighborhood. It is the Board's opinion that an addition could be constructed that would neither intensify existing nonconformities nor result in additional nonconformities.
ZBA 2009-89
Zhaolin Wang & Jie Zheng
88 Kingsbury Street
The Board recommended that the petition be APPROVED. The Board recognizes that Section XVII, D., prohibits the alteration, extension, repair or reconstruction of pre-existing nonconforming structures, except as provided in such Section. Section XVII, B., 1., provides that alterations and/or additions that do not intensify existing non-conformities nor result in additional nonconformities will be entitled to a building permit. It is the Board's opinion that the proposed alteration and addition would neither intensify existing non-conformities nor result in additional nonconformities, thereby serving as the basis for the Board's recommendation; however, the Board is concerned that the proposed addition will exceed the threshold for Large House Review ("LHR") and, if determined to be the case, should be evaluated by the ZBA under the
LHR Standards and Criteria for Review (Section XVID, E.). Furthermore, the Board finds that evergreen plantings should be installed along the property line between the subject property and 90 Kingsbury Street to serve as a screen, the intent being to offset the increased massing associated with the proposal and mitigate any negative impacts on the adjacent property.
ZBA 2009-90
Darshini Kumarasena
30 Yarmouth Road
The Board recommended that the petition be APPROVED. The Board's recommendation is based on the absence of adverse effects on the surrounding area from the increase in use associated with the home occupation.
ZBA 2009-91
Walter & Ilse Sangree
11 Hill Top Road
The Board recommended that the petition be APPROVED. The Board recognizes that Section XVII, D., prohibits the alteration, extension, repair or reconstruction of pre-existing nonconforming structures, except as provided in such Section. Section XVII, B., 1., provides that alterations and/or additions that do not intensify existing nonconformities nor result in additional nonconformities will be entitled to a permit. It is the Board's opinion that the proposed alteration and addition would neither intensify existing nonconformities nor result in additional nonconformities, thereby serving as the basis for the Board's recommendation.
3. #37 Jackson Road LHR 09-08
Mr. John Chapman, Mr. Fred Kelly, and Mrs. Alicia Kelly came before the Board for review of several small additions that trigger the Large House Review for their property at 37 Jackson Road. Mr. John Chapman, architect, gave a brief presentation stating the homeowners are proposing to add a series of small additions to their property in a Single Residence 15,000 square foot zone which has a TLAG threshold of 4,300 square feet. The current structure has 4,383 square feet and the proposed additions would increase the TLAG to 5,221 square feet. The proposed additions include a 1 story addition to the right of the house, a 1 story addition in the rear of the house, a two story addition to the front of the house, and a renovation to an existing shed dormer to create a new second story bedroom.
Mr. Chapman noted there would be no trees removed from the property, and there are no retaining walls proposed for the lot. Mr. Chapman noted there would be some grass and flower beds planted after the drainage work has been completed for the site.
Mr. Kelly indicated he had spoken to the neighbors about the proposed additions and renovations and stated he was unaware of any objections to the project. He noted the areas which are being expanded are to accommodate his family. The front addition would expand his children's rooms, a guest room, and the living room. Mr. Kelly noted all of the construction equipment would be stored on his property.
Ms. Wasser questioned if there are any exterior lights proposed for the project. Mr. Chapman stated there would be a few down lights proposed and noted there are existing surface lights on the garage.
Ms. Wasser stated she thought the design was thoughtful and appreciated the efforts in expanding the house without adding one large addition.
Ms. Donahue stated it was difficult to get a sense of the neighbors TLAG. Mr. Chapman stated the houses on either side of the property are original to the street, and that there are a few newer homes in the immediate vicinity.
Mr. Chapman addressed the site engineering. He noted a preliminary drawing was submitted to the Town's Engineering Department which indicated drywells on site. After speaking to George Saraceno, two new catch basins have been added with one in the front and one in the rear along with a swale to redirect water to the front catch basin.
Mr. Jared Parker, abutter at 33 Jackson Road, stated he was in full support of the proposed addition.
Mr. Chan asked if Mr. Chapman could explain the expansion over the garage. Mr. Chapman stated a shed dormer would be added to the front of the garage to expand the TV room and to add a bedroom.
Ms. Conroy questioned how much closer the front of the house would be to the street. Mr. Chapman stated the front addition would decrease the front yard setback by 6 feet, but was still in compliance with the 30 foot setback, and Mr. Chapman noted the property complies with the 500 foot rule.
Mr. Chan complimented the applicants on their application and the incremental improvements to the property.
Mr. McCauley noted the primary objective of Large House Review was to have people think creatively when adding on to their properties and to be thoughtful of the neighborhood. Mr. McCauley noted he was impressed with the strategy and design of the proposed additions.
The Board after a brief discussion moved, seconded, and voted unanimously to approve LHR-09-08 as presented subject to the Engineering Department and Design Review Board recommendations.
4. ATM Proposals
Landmarks
Ms. Jop gave the Board an update on the Landmark Bylaw. She noted under the existing provisions of local historic districts a Town could establish a district for a single property, and would not need to adopt new provisions for landmarks.
Signs
Mr. Zehner gave a brief overview of the proposed changes to the Sign Bylaw. He noted he tried not to make many changes in substantive provisions, but did try and add those provisions currently lacking from the Bylaw such as Institutional Signage. Mr. Zehner noted he expanded the definitions and submittal procedures.
Ms. Donahue questioned the length of the proposed bylaw and if there were opportunities to relocate some provisions to shorten the document.
Mr. McCauley questioned if it addressed the moving sign issue the Planning Board raised with the parking of vehicles used as signage.
Mr. McCauley asked if the alteration to the Sign Bylaw is pressing. He noted the Board will need to make the case at the ATM this is important over such issues as parking and building height.
Ms. Wasser noted the Board needs to prioritize what are the top 2 or 3 amendments for Town Meeting. Ms. Wasser noted she thought some of the text in the proposed sign provisions was redundant.
PSI Amendments
Mr. McCauley recommended drafting provisions to consolidate PSI at the planning level with traffic, then incorporating the Board of Selectmen with the mitigation requests and discussions. Mr. McCauley noted the importance of creating a uniform process for the community to allow for the discussion of issues in a single forum.
The Board agreed that some revisions are necessary in order to look at a project holistically.
LHR Modifications
The Board discussed potential LHR amendments including counting finished or unfinished attic space in the TLAG calculation if there is more than 6'-8" of headroom. It was noted Weston measures heated space.
The Board noted they would also review how TLAG is calculated.
The Board decided to move forward at this time with revisions to PSI, the Sign Bylaw, Large House Review, and Building Height.
5. 978 Worcester Street- Inclusionary Zoning
Mr. Dean Behrend came before the Board to discuss his obligations under Inclusionary Zoning. Mr. Behrend informed the Board the front commercial building is nearing completion and he would be seeking a temporary Certificate of Occupancy. In order to receive the CO, the inclusionary zoning units required for the front building need to be satisfied.
Ms. Jop indicated Mr. Behrend is required to supply 0.48% of a unit or 1 unit for the front building.
Mr. McCauley recommended a bond be posted for the unit. If the unit is not available in 18 months, the Planning Board would be authorized to deposit the bond with the Wellesley Housing Development Corporation. Mr. McCauley recommended using the calculations generated for the CVS project proposed in regards to the bond amount.
Mr. McCauley instructed Ms. Jop to ask Town Counsel if a public hearing would be necessary for the bond. The Board asked Mr. Behrend to return to a future meeting once the bond amount and public hearing status was determined.
6. 9 Monadnock
Mr. Parsons gave a brief update to the Board in regards to the approved 9 Monadnock LHR. Mr. Parsons noted the property owners have informed the Planning Department that the foundation plan had been slightly modified and reduced in size. The staff felt the modifications were de-minimus; however Mr. Parsons noted he informed Mr. Wilson to submit all proposed alterations prior to work being started for the Board to approve modifications to the approved LHR decision.
The Board agreed the foundation alterations were minor, however due to the numerous exterior alterations the Board asked the applicant return to discuss the proposed changes at the next meeting.
7. Executive Session
At 10:15 pm, the Board was polled, all "yes", to enter Executive Session to discuss pending litigation concerning 100 Pilgrim Road.
Next Meeting: December 14, 2009
Meeting Adjourned: 10:50 p.m.
Approved: January 20, 2010
Meghan C. Jop, AICP
Planning Director
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