Town of Wellesley, Massachusetts

WELLESLEY PLANNING BOARD

MONDAY, DECEMBER 3, 2007, 7:30 p.m.

GREAT HALL - TOWN HALL

Present: Mr. Frisardi, Ms. Donahue, Mr. Chan ……………………….….Mrs. Jop, Mr. Brown.

Sanjeev Singh, R. A. Sohani, C. Joseph Grignaffini, Raymond J. DiLucci, Donald Lang, Jack Thomas, Mark Greer, Daniel Jaquette, Mark Heavner, Steve Sykes, Angela Ruppe, Barry Mullaney, Peter Fallon, Janie Batista, Bob Sechrest.

1. Continued Public Hearing

#978 Worcester Street - former Wellesley Motor Inn

The Board received a letter dated December 3, 2007, from the project manager indicating that the project is to be modified and that a revised submission is to be made. After a brief discussion the Board moved, seconded and voted to continue the Public Hearing until January 28, 2008. The continuation date, time and placed was announced to those in attendance. A letter confirming this date will be mailed to the applicant.

5 Washington Street - Request for Special Permit under the Lower Falls Village Commercial District - Ray DiLucci

This project represents a modification of the project approved by the Planning Board on December 11, 2001.The original project involved rehabilitation of the single-story building and addition of a second floor. The modification eliminates the proposed second floor. The remaining project is a rehabilitation of the interior and exterior of the building with provision of a handicap ramp and accessible toilets at the rear of the building.

Mr. Frisardi opened the hearing and indicated to Mr. DiLucci that in order to conduct the hearing and take action on the project the Board would need to have four of the five members present.

When it became apparent that there would not be four members in attendance the Board, with the assent of the applicant, moved, seconded and voted to continue the hearing until December 17, 2007. The Board expressed its regret to Mr. DiLucci for the inconvenience.

Draft Large House Regulations

Mr. Frisardi opened the hearing and noted that although there are draft regulations which have been discussed and are posted on the Town web site, the Board intends to engage the firm of Goody Clancy to review and further develop the language. He indicated that there would be a draft from Goody Clancy available after December 10th and that the second session of the public hearing would be held on Monday, December 17, 2007 in the Great Hall. Angela Ruppe from Goody Clancy joined the Board and staff at the front table.

Comments were received relative to the November 17, 2007 draft as posted on the web site.

Mr. Grignaffini felt there should be further clarification of the details of house measurement. He said that builders typically use one method and the Assessors use another. He said the Assessors system is based on achieving an accurate value for taxation purposes. He said that there needs to be clarification of the measurement of interior spaces with high ceilings such as cathedral ceilings and high foyers. The published methodology suggests that any such space will be counted as two floors. He felt that these spaces should only be counted if the ceiling is over 17 feet high. He felt that the attic and basement space should only be counted only to the extent that it is finished space. He mentioned that the published methodology will count basement space above finished grade as a percentage whether or not it is finished. He said some basement space must be raised due to high ground water or ledge. He said if the finished grade is raised the resulting slope may direct water onto abutting property.

Mr. Sohani felt that requiring measurement to the exterior walls is not fair and not really a representation of "living area" as the title would suggest. He asked about projects completed during the winter months when completion of landscaping would be impossible. It was noted that the Board has considered that. To address this concern provision will be made in the regulations to allow securing completion of landscaping work via a performance bond. This will allow landscaping work to be completed in the spring. He said that he was pleased the number of copies of submission materials has been reduced from 20 to 10. Mr. Frisardi added that the regulations will provide that required photos can be submitted electronically.

Mr. Fallon questioned the need for plans to be prepared by a registered architect. He said many house plans can be done by a designer. He recommended better guidelines on trees. He felt that the regulation will encourage removal of trees by home owners well before a project is submitted. He said that has been involved with projects where abutters become emotional about trees.

Mr. Grignaffini felt that a landscape plan need not be done by a landscape architect. He felt adequate plans can be done by landscape designers.

Mr. Sechrest felt that the use of the Assessors methodology will be problematic. He questioned the exemption for bay windows without foundations. He felt that if you can walk out into the bay window it should be counted. He said existing and proposed contours should be allowed on the same plan. He said consideration should be given to the corner clearance (visibility at street intersections) bylaw. He said that he agrees with Mr. Grignaffini regarding the calculation of space under cathedral ceilings. He also shared the concern about requiring that plans be prepared by registered architects. He noted that it is a "bread and butter" issue for designers like Mr. Grignaffini.

Mr. Thomas asked who would determine existing TLA. Mr. Frisardi said the TLA determined by the Assessors will be presumed to be correct. He felt that without exempting such features as bay windows the trend will be for builders to create boxes without much detail to maximize their square footage up to the threshold. He commented that Newton exempts home owners from the tree cutting provision - it only applies to builders.

Mr. Sohani asked about the extent to which neighbors will have a voice. He suggested that only written comments should be allowed. He feared the application being questioned by the neighbors. Mr. Frisardi said that oral testimony will be allowed.

Ms. Donahue said that exchanges between parties would be closely controlled at the LHR meeting by the Planning Board. She said that the Board could encourage written comments to be submitted in advance.

Mr. Sohani felt that there should have been allowance for larger garage exemptions such as for three car garages on larger lots.

Mr. Thomas asked if neighbors will be allowed to engage their own consultants to participate in the process. Mr. Frisardi said that they would be so allowed but doubted that this would happen often.

Mr. Singh asked the sequence of application to multiple boards if this is required. He referred to the Wetlands Committee. The response was that Wetlands would come first as they do now. Projects may need to cycle back through Wetlands but it is anticipated that this would be a rare occurrence.

Mr. Singh asked about the rights of abutters' consultants to enter onto private property. The response was that there is no right of trespass (except by land surveyors strictly for surveying purposes).

There were no further comments. Mr. Frisardi said that the Board and Ms. Ruppe would be developing a revised draft of the regulations which will be posted on the Planning Department web site on or after December 10th.

The Board moved, seconded and voted to continue the hearing until December 17, 2007.

4. Zoning Board of Appeals Cases for Review

The Planning Board reviewed the cased coming before the December 13, 2007 hearing and offered comments as follows:

John & Jane Thompson

Special Permit/Findings

The Planning Board had no objection to the granting of this petition. The proposed addition does not further decrease the left side yard setback. The second story addition extends approximately 67 square feet into the setback on both floors, Mass and build do not appear to be an issue and the a lot coverage is well within the 20% maximum allowed.

Special Permit/Findings

The Planning Board opposed the granting of this petition. The proposed addition presents a substantial encroachment on the sideline and is an imposition on the abutter on that side.

One member voted to offer no objection to the granting of the petition.

Susan Shepard & James Marchetti

Special Permit/Finding

The Planning Board had no objection to the granting of this petition. The proposed enclosures are to be constructed on the existing footprint and do not further decrease right and left side setbacks. Second floor additions over these enclosures should not be allowed in the future.

L. Grignaffini & Sons, Inc.

Mr. Frisardi abstained from the discussion of and vote on this recommendation.

The Planning Board had no objection to the granting of this petition. The variance request meets one of the three prerequisite statutory criteria for the granting of a variance -- lot shape. The proposed dwelling on the lot meets all setback requirements.

Special Permit/Antenna

The Planning Board had no objection to the granting of this petition. The proposed antennas will have minimal visibility and promote co-location. The Design Review Board has reviewed and recommended approval of the petition.

Special Permit/Renewal

This petition has been granted since 2004. The Planning Board had no objection to the granting of this petition on the same terms and conditions as are currently in effect assuming there has been no change in circumstances.

Special Permit/Findings

The Planning Board had no objection to the granting of this petition. The proposed addition encroaches approximately 168 square feet into the left side yard setback area. Mass and bulk do not appear to be an issue and lot coverage is within the 18% maximum allowed.

Alyssa & Kerim Akgonul

Special Permit/Findings

The Planning Board opposed the granting of this petition. Although proposed building coverage is within the 25% maximum allowed the addition would occupy most of the rear yard and would present an unreasonable imposition on the two side abutters in this neighborhood of small lots.

Special Permit/Findings

The Planning Board had no objection to the granting of this petition. The reconstruction of the garage will not alter the existing footprint and will not decrease the left or rear setbacks and lot coverage is within the 20% maximum allowed.

Special Permit/Finding

The Planning Board had no objection to the granting of this petition. The proposed project will not reduce the left side yard setback. Mass and bulk are not an issue and there is no change in lot coverage.

5. Annual Town Meeting 2008 Possible Zoning Amendments

The Board discussed topics for articles to be considered for submission for the Annual Town Meeting.

a. Off Street Parking

It was agreed that the Off Street Parking Section Revision should be reintroduced

Suggestion was made that a grading bylaw be considered. The Board did not favor this idea. Article to be submitted is expected to be similar to the relevant portion of Article 40 of the 2007 Annual Town Meeting.

c. Density Exemption

The density exemption for inclusionary units was mentioned. Article is expected to be similar to Article 5 of the November 2007 Special Town Meeting. Coordination with Wellesley Housing Development Corporation will be essential.

d. Clarification of "Assisted"

Mr. Brown indicated that the Dona Kemp of the Wellesley Housing Development Corporation called with respect to an apparent inconsistency in language involving "assisted units." The Board briefly discussed options. It was anticipated that WHDC will take the lead in this. Possibly this could be included in the recodification project.

The Minutes of November 19, 2007 were approved.

7. Comprehensive Plan

The Board acknowledged receipt of notification that the 2007-2017 Wellesley Comprehensive Plan has received the Mass Planning Directors and American Planning Association Mass Chapter 2007 award for Comprehensive Planning. The award presentation will be made at a ceremony on Friday, December 14, 2007.

Ms. Donahue commented that she is pleased that so many town agencies are using the plan. She said that it is regularly used as a primary resource by CPC for evaluating possible projects.

Next Meeting: Monday, December 17, 2007

Meeting Adjourned: 9:45 p.m.

Richard H. Brown, Planning Director