Town of Wellesley, Massachusetts

WELLESLEY PLANNING BOARD

REGULAR MEETING AND PUBLIC HEARINGS

MONDAY, FEBRUARY 4, 2008, 7:30 p.m.

GREAT HALL - TOWN HALL

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

Deborah Bates, Penny Post, Tucker Swan, Janet Giele, Helen Robertson, Linda D. Buffum, Dwight Lueth, Robert McConnell, Mark Paris, Peter Tamm, Dona Kemp, Fran O'Leary, Les Shea, Herb Nolan, Marian Wrobel, Janie Batista, John Marsh, Nancy W. Erne, Ed hand, Zednek Fencl, David Giele, Bill Bones , Anne Weller, Susan D. Kunk, Ken Baer, Steve Sykes, Ted Williams, Frank DeMasi, Art & Liz Butcher, Vickie Schauffler, Judith Hull, Lawrence McNally, Jeff Hayden, Debbie Slocum, Marjorie Fernald.

1. Public Zoning Hearing

In accordance with Chapter 40A, Section 5, M.G.L., the Planning Board held a duly advertised Public Hearing on proposed amendments to the Zoning Bylaw as contained in the Warrant for the March 31, 2008 Annual Town Meeting.

Chairman Frisardi opened the public hearing and announced that there are two articles. The first concerning establishing an exemption for affordable units from zoning housing density limitations; the second concerning possible modification of the Large House review in response to any language changes required by the State Attorney General.

Article A. Inclusionary Housing Exemption

Ms. Kemp, Director of the Wellesley Housing Development Corporation, expressed support for the article. She said that it is another tool to encourage development of affordable housing. She said that it won't increase housing density in residential areas but will in areas allowing mixed use. She felt it may make projects including affordable housing more financially feasible. She said that it encourages provision of affordable units on-site which is a desirable goal.

Chairman Frisardi asked her whether she thought it should be pursued for the upcoming Annual Town Meeting. Ms. Kemp answered that it should be.

Chairman Frisardi said Ms. Jop was developing data on the impact of the change. Ms. Jop provided details on possible numbers of units that could be developed in Wellesley Square and other sections of town. She said that in Wellesley Square the estimate of increased density would be from the existing approximately 17 units per acre to approximately 21 units per acre. For other commercial areas the increase would be from the approximately 17 units per acre to approximately 22 units per acre. She pointed out that currently the existing Limited Apartment District and the Residential Incentive Overlay District allow over 24 units per acre. Chairman Frisardi asked if she could refine the numbers and develop data on the acreage affected.

Mr. Shea asked the Board to consider moving the article. He said that there should be more affordable units in downtown areas and we want to encourage housing near shops, services and public transportation.

Ms. Donahue commented that the implementation of the provision should, over time, add to the housing diversity in town.

Article B - Large House Review - possible modifications

There were no comments.

The Board moved, seconded and voted unanimously to close the public hearing.

2. Continued Public Hearing

PSI 07-02 #27 Washington Street - National Development

Chairman Frisardi opened this public hearing for the sole purpose of scheduling an on-site information gathering session and coordinating that session with input from the applicant and interested abutters. This session was scheduled for Saturday, February 9, 2008 at 9:30 a.m.

Subsequently the Board moved, seconded and voted to continue the public hearing for the purpose of continuing to taking testimony until Monday, February 25, 2008 at 7:30 p.m. in the Great Hall.

3. Joint Public Hearing with the Wellesley Historical Commission on the petition of residents of Denton Road to establish a Neighborhood Conservation District (NCD).

Members of the Historical Commission Present - Linda Buffum, Chair; Robert McConnell, Dwight Lueth, Helen Robertson, Deborah Bates. Joel Slocum was present in the hall but as a resident of Denton Road did not participate in the vote. Judith Hull was present in the hall but as an Associate Member she did not participate in the vote.

Chairman Frisardi asked Ms. Lehmann, as Planning Board liaison to the Denton Road NCD to chair the joint hearing and asked Ms. Buffum to act as secretary to the joint hearing.

Helen Robertson, chair of the Denton Road NCD study group introduced the other study group members present: Herb Nolan, Tucker Swan, and Janet Giele. She made a presentation to the joint hearing using slides. She stated that the petition requesting an NCD was submitted to the Historical Commission on December 4, 2007. She explained that as a result of a meeting with Town Counsel the final NCD boundaries have changed with the district reduced in size.

Ms, Giele explained the physical features and showed slides of property within the proposed district.

Ms. Robertson explained the details of the proposed review indicating the elements that will be exempt and those that will be included. She explained that the boundaries of the district have been amended to eliminate the properties on the west side of Denton Road. Several property owners on that side of the street chose not to be involved. Since the district is intended to be voluntary the decision was made to amend the boundaries and reduce the size of the district. She explained that this has been discussed with Town Counsel, Mr. Robinson. Of the remaining 20 properties three have chosen not to be involved.

Ms. Lehmann indicated that a majority vote of the joint meeting would be required to bring the proposal to Town Meeting for adoption. She called for comments from members.

Mr. Chan expressed concern about deletion of properties on the west side of Denton Road. He questioned whether the proposal meets the 80% requirement of Article 46A of the Town Bylaw.

Comments were taken from those in attendance.

Ms. Butcher said that this is not a planned community. She feels the restrictions are an imposition that will affect resale. She said that she is also concerned about the impact of the proposal on the neighborhood in general in that it might negatively affect property values. She does not see the need. Builders will be dissuaded from additional Mansionization projects after seeing that the house at #39 has not sold.

Mr. Nolan said that he moved to the neighborhood in September. His house was built in 1910. He values the overall feeling of the neighborhood. He is a landscape architect by training and noted that the landscape of the neighborhood is one of the elements that attracted him to it. He said that there should be no issue about resale. Chairman Frisardi asked him what elements of the NCD are most important to him. He said the grading and tree removal restrictions, front yard appearance. He noted that there were few limbs down in the recent storm because the trees in the area are well cared for.

Ms. Donahue commented on the diversity of the houses, style and materials. She asked what specifics will be covered.

Ms. Robertson said the committee will work with the neighbors.

Ms. Giele emphasized that all the neighbors are solidly committed to this.

Chairman Frisardi asked if all the neighbors are present. In a form of roll call by address it was determined that of the 20 properties in the proposed district 11 owners were present. He noted that a vote by the boards meeting jointly will lock people in.

Mr. McCauley expressed concerns about the proposal. He did not agree with exclusion of one-half of the street.

There was a brief discussion of how the excluded property owners could later join the district if they wanted to. It would require a Town Meeting vote.

Mr. McCauley was not convinced that homes could be selectively added in this way.

Ms. Robertson said the initial intent of the bylaw was to allow neighbors to define their own district.

Mr. Chan said that he shares the concerns expressed by Mr. McCauley. He said that he is leaning against voting in favor. He felt that part of the street cannot be excluded.

Ms. Lehmann said that the bylaw does not prohibit it.

Mr. McCauley felt that the proposed scope of review is too broad. He felt that this proposal goes beyond the bylaw amendment as represented to Town Meeting.

Ms. Giele felt that it is within the scope. She said the proposal may not be perfect but the perfect should not be made to be the enemy of the good. She said the Bylaw allows the guidelines to be made more flexible. She spoke of the borrowing of provisions from Lincoln and Cambridge and the modifications made for the Wellesley Bylaw.

Mr. Williams emphasized that the concept is voluntary. He said the legislation can be clarified in the future.

Mr. Butcher introduced himself as an "opt out owner." He questioned the proposed district lines. He said from the outset properties at the head of the street were not consulted. He expressed concerns about adding individual houses to the district over time.

There being no further comments the joint meeting moved, seconded and voted unanimously to close the public hearing.

Mr. Chan felt that the excluded Denton Road properties will be impacted by this district.

Ms. Donahue said that she is struggling with it. She acknowledges that it is very important to many in the neighborhood. She is less concerned with the property excluded because the bulk of the original Denton family property is included although she noted that unfortunately the Denton family carriage house is not. She cautioned the committee that it may be difficult to convince Town Meeting.

Chairman Frisardi indicated that he shares Mr. Chan's concerns but that he will vote for the measure. He echoed Ms. Donahue's advice suggesting that there is a risk that Town Meeting will not agree.

Ms. Lehmann recommended approval. She said the neighborhood might lose more if they do not go forward now. She felt it would be a shame not to proceed to Town Meeting.

Mr. McCauley had mixed emotions but felt a fundamental precept of the NCD has been violated in that there is not truly 80% buy-in. He is concerned about this process. He said the Planning Board is supposed to be a filter.

Mr. McConnell supported the proposal indicating that he is less concerned about the gerrymandering because the neighborhood is authorized to identify the district lines.

Ms. Bates supported the proposal and felt the modification of district lines is justified for this cluster of owner who really want this district.

Mr. Lueth said that we all live in neighborhoods. These neighbors want this and it is designed to be an organic process. They are trying to protect their neighborhood and not leave it open to abuse.

Chair of Historical Commission Ms. Buffum said the essence of the neighborhood is captured within the modified district lines. She feels the process has been a correct and healthy one. This may be a simple start but additions can be made to it.

There being no further comments from the members of the joint meeting it was moved, seconded and voted 7 to 2 with no abstentions to approve the district as modified for presentation to the Annual Town Meeting under Article 33.

It was moved, seconded and voted to dissolve the joint meeting.

The Minutes of January 28, 2008 were approved.

5. Zoning Board of Appeals Petitions coming before the February 7th and February 21st public hearings.

The Planning Board reviewed the application submission materials and supports the granting of this petition.

45 Dana Road - Playing Field

The Planning Board reviewed the application submission materials and supports the granting of this petition.

Mr. McCauley discussed the Planning Board budget request. The suggestion is to transfer funds for consultant-assisted projects from the capital budget to the operating budget. The Board favored this idea because of the added flexibility it would offer.

Mr. Baer from the Advisory Committee asked if the Capital Budget would be commensurately reduced. The response was that it would be.

Ms. Lehmann and Mr. McCauley reported to the Board on the TDRT meeting with the prospective buyers Edens and Avant. Possible development square footage, expected uses, inclusionary zoning and parking were briefly discussed. It was noted that several questions were raised concerning inclusionary units, parking for the housing units and grandfathered parking. TDRT will discuss these questions and respond to the prospective buyers.

In discussion both Mr. McCauley and Ms. Lehmann noted that this block of stores contains uses that are very popular with young people (including pizza and ice cream shops). Uses of this type are being lost as commercial property in Wellesley is developed.

Next Meeting: Monday, February 25, 2008

Meeting Adjourned: 10:40 p.m.

Minutes - February 4, 2008