Town of Carlisle, MA - Minutes of 2/12/2007 PB meeting

Review of application to Zoning Board of Appeals for Comprehensive Permit under MGL Chap. 40B for 41 condominium units/12 affordable of attached housing to be known as “Coventry Woods,” on Concord Street, northeasterly of 515 Concord Street (Map 8, Parcel 10 – 22.8 acres), (Application of Coventry Woods LLC and MCO & Associates, Inc., referred by Board of Appeals)

Joint Public Hearing with Carlisle Tree Warden of request to move five (5) trees and approximately 31 feet of stone wall within the right of way of Cross Street adjacent to Map 7, Parcel 21-4, to create a driveway entrance to a proposed single-family dwelling, under the provisions of the Scenic Roads Bylaw (Art. XII & MGL Ch. 40, S. 15C) and the Public Shade Tree act (MGL Ch. 87, s.3) [Request of William Costello]

Public Hearing on application of Omnipoint Communications, Inc. for a special permit and site plan approval under Sec. 5.9 of the Carlisle Zoning Bylaws to install, operate and maintain a personal wireless communication facility at 886 Lowell Street (Map 33, Lot 7) on property owned by Thomas and Tamara Erickson.

Public Hearing on application of Omnipoint Communications, Inc. for a special permit and site plan approval under Sec. 5.9 of the Carlisle Zoning Bylaws to install, operate and maintain a personal wireless communication facility at 1022 Westford Street (Map 18, Lot 42A) on property owned by Lawrence A. Sorli.

Continued Public Hearing: Definitive Subdivision Plan, Conservation Cluster and Common Driveway Special Permits for Chestnut Estates, at 400 Rutland Street, Map 36, Parcels 23 & 26, Richard P. Howe, Sr., Trustee of John Raymond Brown Revocable Trust, applicant.

Chair David Freedman called the meeting to order at 7:32 pm in the Clark Room at Town Hall. Board members Michael Epstein, Kent Gonzales, Tom Lane, Brian Larson, Greg Peterson, Peter Stuart and Planning Administrator George Mansfield were present.

Gretchen Caywood, assistant to the Planning Administrator, Brian Grossman (Prince, Lobel, Glovsky and Tye), Sean Reid (Prince, Lobel, Glovsky and Tye), Alan Carpenito (BOS & South Street), Larry Sorli (Westford Street) and Bob Zielinski (Carlisle Mosquito) were also in attendance.

Larson reported that he would be meeting with Selectman Stevenson at 6 pm on Tuesday, February 13^th to discuss the draft RFP for wireless services, and discern when they can be placed on the BOS meeting agenda. The wireless bylaw as amended at the October 2006 Special Town Meeting is in effect. However, for the wireless applications to be heard this evening, the previous Rules & Regulations are in effect, since the applications were filed before the PB approved the new Regulations on January 8, 2007.

Freedman opened this public hearing by reading the published Notice. Brian Grossman, attorney for the applicant, and Sean Reid, Rf engineer for the applicant, were in attendance. After providing the receipts and tear sheets as proof of mailing of the legal notice to the abutters, Grossman described the proposed installation.

The applicant proposes to install, operate, and maintain a wireless communications facility consisting of up to three panel antennas mounted within the existing cupola on the property. The Applicant will replace portions of the existing cupola with radiofrequency (Rf) permeable panels (fiberglass) to allow the antennas to function properly The replacement panels will match the existing architecture and color of the existing cupola as required by the Carlisle Historical Commission. The antennas will be connected to the equipment cabinets by coaxial cable running within the barn, thus all of the equipment will be located within the existing barn.

Three Base Transceiver Station cabinets (with boosters) and one battery back-up cabinet will be located within a proposed self-contained, locked, 8’ x 10’ equipment room within the existing structure. One GPS antenna and one E911 antenna, both of which are FCC mandated, will be mounted on the existing cupola and painted to match the exterior of the structure. The proposed facility will be unmanned, requiring biweekly visits by maintenance personnel. Standard 120-V electrical power and telephone service are the only utilities necessary to operate the facility.

Grossman noted that the site will require two waivers. The first is a waiver of Section 5.9.3.20.2 of Carlisle’s Personal Wireless Facilities Bylaw, which requires a 900-foot setback from any existing residence. The second is a waiver of Section 5.9.3.20.3 of the Bylaw, which requires a 900-foot setback from any structure in an Historic District, or listed/eligible to be listed on the State or Federal Register of Historic Places. In each case, the proposed facility would be less than 900-feet from such structures (the historic barn itself, and the residence on the property). Grossman added that wireless coverage in this area cannot be obtained without the waivers, and pointed out that a 900-foot setback in any direction converts to a 58 acre area. On reviewing the documentation provided by the applicant, it was ascertained that parts of two residences, 788 and 787 Lowell Street, are close to the 900-foot setback limit. Further information is required from the applicant, however, to determine with certainty whether they are actually within the setback.

Peterson pointed out that this wireless site would also provide coverage to much of Great Brook State Park, therefore enhancing safety of people using the park and its trails. He also ascertained from Reid that this site will not interfere with the State’s radio operations at Great Brook, as they operate at very different frequencies.

landowner’s signature on the application. The PB also reviewed the Affidavit of FCC compliance included in the application. Freedman said that the consultant David Maxson has previously reviewed similar FCC and NEPA compliance claims, indicating that they were correct and reasonable. After discussion, the PB agreed that a general review would be requested of Maxson.

Public Hearing on application of Omnipoint Communications, Inc. for a special permit and site plan approval under Sec. 5.9 of the Carlisle Zoning Bylaws to install, operate and maintain a personal wireless communication facility at 1022 Westford Street (Map 18, Lot 42A) on property owned by Lawrence A. Sorli.

The proposed facility will include up to three wireless telecommunication panel antennas mounted within a Flagpole-style monopole at a height of 79.5 feet (antenna top). Three Base Transceiver Station (BTS) cabinets and one battery backup cabinet will be located within a 40 x 43-foot fenced compound. The antennas will be connected to the equipment cabinets by coaxial cable running within the Flagpole. One GPS antenna and one E911 antenna, both of which are FCC mandated, will be mounted within the BTS cabinets near the compound. This proposed facility will be unmanned, requiring biweekly visits by maintenance personnel. Standard 120-V electrical power and telephone service are the only utilities necessary to operate the facility.

Grossman pointed out that the site meets the requirement of a setback distance from the lot lines that is at least 50% greater than the height of the monopole. The site also provides for two co-location opportunities. He explained that while a location above the tree line is the best for their higher frequency operation, lower height levels for co-location are suitable for other lower frequency carriers. Grossman provided coverage maps at approximately 60 and 80-feet in height for this location.

The Board reminded Grossman that the bylaw would allow for a 90-foot monopole at this location, and asked if increasing the height of the proposed monopole would lessen the need for more towers in Town. Grossman indicated that this is possible, and verified that the Landlord, Larry Sorli, is amenable to it. Peterson suggested that for balloon visibility tests, the 90-foot height be checked also.

Grossman also said that the gravel access road may need some improvements. Sorli expressed concern that the roadway not be widened, and the PB assured him that the application is submitted to the Fire Department for their input and that the PB will make final determination regarding the access road. Mansfield also assured Sorli that the site does not create a setback for future development on his property.

Grossman said the site will require a waiver of the 900-foot setback requirement to a residence, as there is one on the property and two residences to the west. He added that if the site is moved to the east at all, it would be within 900 feet of a larger number of homes.

Freedman suggested having the wireless consultant verify that the two co-location sites offered are viable. He and Epstein also suggested checking that, as stated in Section 5.9.3.16 of the bylaws, the foundation could support an extension of the tower to 120-feet.

Freedman opened the hearing and read a statement from the applicant requesting a continuance of the public hearing without taking testimony. Stuart moved and Epstein seconded the continuation of the public hearing on Chestnut Estates to 8:15 pm on Monday, February 26, 2007. The motion carried 7-0.

Freedman did not open this hearing, which had been previously continued to February 26, 2007, but reviewed with the PB a letter forwarded by Stamski and McNary on behalf of the applicant, with some information and several requests in response to the PB’s recommendation of a common driveway for Parcels 21-4 and 21. The PB’s consensus on the requests was that they could approve one: that no additional fire protection apparatus ( cistern or sprinklers) be required at this site. The Board also agreed that if the applicant did file for a common driveway, the PB would accept the application under the previous fee structure. Concerning the applicant’s other requests, even if they are not granted, construction of a common drive will still result in less cost to the applicant than construction of two separate drives. Freedman stated that he would inform the Fire Department of the PB’s views on this common driveway proposal.

Freedman referred to his February 8^th draft letter to Selectman Stevenson regarding various technology issues at Town Hall, including the recently forwarded Computer, E-mail and Internet Use Policy for employee signature, the status of a technology plan for Town Hall, and the stagnant GIS situation. He requested comment from the Board.

Epstein expressed concern that the manner in which the internet use policy was promulgated was the wrong direction for the Town to go with respect to fostering good relations with staff in Town Hall, particularly in light of recent events. The goal should be to improve communication and morale, and therefore the approach taken for forwarding this policy (without introduction or background as to why it is being undertaken) was inappropriate.

The Board generally concurred with the substance of the draft and made some suggestions regarding the tone of some sections of the letter. Larson questioned whether the Internet use policy and ongoing tech questions should be separate memos. Freedman felt that it was best to consolidate the message. Freedman will edit the letter with input from Epstein and Mansfield and send it to Stevenson for distribution to the BOS and Town Administrator.

The PB reviewed a proposed fee schedule that had been developed by Larson, Freedman and Mansfield. It was noted that the PB had not increased fees since 2003. The Board felt that the fees should reflect actual time spent by Town staff in carrying an application through full Board review and resolution, as well as bearing a reasonable

relationship to fees in comparable towns in the area. After discussion, Peterson moved to adopt the proposed fee schedule, for immediate effect, with one amendment: increasing the proposed Lot Release fee to $200. Stuart seconded and the motion carried 7-0.

At 10:25 pm, Peterson then moved that the PB enter into Executive Session, not to return to regular session, to discuss ongoing litigation. Stuart seconded and, when polled, the motion passed unanimously (7-0): Lane – aye, Peterson – aye, Epstein – aye, Freedman – aye, Larson – aye, Gonzales – aye, and Stuart – aye.