Town of Carlisle
MASSACHUSETTS 01741
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Office of
PLANNING BOARD
66 Westford Street
Carlisle, Massachusetts 01741
Tel. (978) 369-9702
Fax (978) 369-4521
Minutes
March 10, 2008
Minutes 2/25/08
Bills
Budget
40B Working Group draft report
Highland Building Study Committee
Liaison reports
Appointment of MAGIC rep.
Preparation of Request for Proposals for Personal Wireless Communications Facilities on Town-owned land [Broadcast Signal Lab – Planning Board/joint subcommittee]
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 27 School Street (Map 22, Lot 5) on property owned by the First Religious Society.
Request for recommendation on proposed amendment to the Carlisle Zoning Bylaws, Sec. 4.7, Intensity and Dimensional Requirements, Height Exceptions, to allow wind turbine facilities by special permit (Request of the Board of Selectmen)
Request for modification of condition #10 of Common Driveway Special Permit for Hobblebush Lane to allow certificate of occupancy to be issued for Lot 1C prior to completion of certain drainage and landscaping details, which cannot be addressed in the winter season (Request of Northland Residential Corp.)
Discussion of potential amendments to Special Permit Rules and Regulations for Accessory Apartments to incorporate zoning bylaw amendments (Sec. 5.6) approved 5/06, DHCD regulatory agreement and LIP guidelines.
Chair Michael Epstein called the meeting to order at 7:30 pm in the Nickles Room of Town Hall. Members Greg Peterson, Ken Hoffman, Brian Larson, Marc Lamere, Kent Gonzales, Associate Member David Freedman, and Planning Administrator George Mansfield were present. Associate Member Tom Lane was absent. Member Carol Nathan arrived at 7:45 pm.
Gretchen Caywood, assistant to the Planning Administrator, Alan Carpenito (BOS), Alan Cameron (FRS), Brian Grossman (Prince Lobel Glovsky and Tye), Kate and John Larrabee (Virginia Farme Lane), and Bob Zielinski (Carlisle Mosquito) were also in attendance.
Minutes
The PB reviewed the draft minutes for the February 25, 2008 meeting. Peterson moved and Larson seconded the approval of the draft minutes as amended, and the motion was approved unanimously (6-0).
PB Membership
Chair Epstein announced that he will run for PB membership for another term, and explained the Gonzales will not be able to run this time, but will continue serving on the Wireless Task Force. One slot for PB membership therefore remains open at this time.
40B Working Group draft report
Freedman highlighted the main points of the PB’s response he and Epstein had drafted to the 40BWG Report and Recommendations, which were included in the packet, and expressed that he would like to have the PB’s comments re. While the PB response is due by March 31st, Freedman requested that Planning Administrator
Mansfield ask for a brief extension, since the next PB meeting is not until that date. Freedman asked all PB members to send their suggested revisions to the draft response to him, Chair Epstein and Planning Administrator Mansfield by March 23rd. Freedman will ask a representative of the 40BWG to attend a future PB meeting to discuss their thoughts on the PB’s response to their report.
Nathan arrived at this point.
Request for recommendation on proposed amendment to the Carlisle Zoning Bylaws, Sec. 4.7, Intensity and Dimensional Requirements, Height Exceptions, to allow wind turbine facilities by special permit (Request of the Board of Selectmen)
Peterson reported that he and Freedman had attended the March 4th BOS meeting at which the BOS agreed that it would be best to withdraw the petition for this zoning bylaw change, and to form and appoint a study committee to consider a more comprehensive approach to the by law . At that meeting, Peterson had agreed to assist in drafting a Charter for the study committee, to be reviewed by the BOS at their March 11th meeting. He also agreed to represent the PB on the new committee, and indicated that John Williams will represent the BOS and Ed Rolfe will represent the ZBA. The committee will also have one non-voting representative from Town Hall staff (Elizabeth Barnett) and two voting members of the general public.
Peterson added that it is uncertain at this time whether the PB or the ZBA would be the special permit granting authority (SPGA), and Freedman suggested that, as one of the conclusions of its work, the committee make their recommendation in that regard. The committee will have a deadline of end of December for reporting their findings to the BOS, with copy to the PB.
The PB reviewed and edited the draft Charter for the new committee which is to be named the Accessory Alternative Clean Energy Generation Committee. The draft Charter described the scope and purpose of the committee, as well as its status, term, membership composition, executive positions, meeting procedure and reporting relationship. Chair Epstein noted that while these committees are typically subcommittees of the ZBA or PB, this approach seems suitable as long as the ZBA and PB have their opportunity for input.
Selectman Carpenito asked why this process was deviating from the usual process in which the PB researches and proposes bylaw amendments, and holds a hearing on the proposed amendment. Peterson explained that in this case the Town Administrator would like broader input, and that there will still be a PB hearing at the end of the process.
When PB Treasurer Larson asked how this committee is being funded, Peterson said this had not yet been determined. The Chair indicated that the PB would not have any funds in light of the budget cuts anticipated.
Hoffman moved that the PB recommend the Charter for the Accessory Alternative Clean Energy Generation Committee, as amended this evening, to the BOS and that, on assumption the Charter is adopted by the BOS, the PB appoint Peterson to this Committee as its representative. Lamere seconded and the motion was approved 7-0.
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 27 School Street (Map 22, Lot 5) on property owned by the First Religious Society.
This hearing had been continued without testimony on February 25th, at the request of the applicant, so that
Omnipoint, the Church and Sprint could determine whether they intended to move their proposed location up from the bell tower into the steeple where the Nextel antennas had previously been proposed. Planning Administrator Mansfield reported that while the applicant still has not answered this question, they had submitted Supplemental Documentation to their application just prior to this meeting. This information contains coverage plots modeled for both the 62 foot location and the 81 foot location, as well as drive test data that does not include their current transmission from the tower at 871 Bedford Road, or coverage simulations for 1022 Westford Street and 886 Lowell Street.
When asked about Historical Commission approval, Brian Grossman, attorney for the applicant, explained his understanding that a January 11, 2007 letter from the Carlisle Historical Commission (CHC) to EBI Consulting, land agents for Omnipoint, constituted CHC approval. However, Lamere (PB appointee to the CHC) explained that this letter was in response to EBI’s request for a cursory look at their site plans. While the response does contain some CHC recommendations, an application was never filed with the CHC. An application is required, as the proposed site is in the Historic District and requires a public hearing for review of the application and plans. In addition, if a Certificate of Appropriateness from the CHC had been issued at that time, it expires in one year if the work has not been
completed. Therefore it is necessary for Omnipoint to file an application with the CHC. Administrative Assistant Caywood agreed to follow up and forward a CHC application and Rules and Regulations to the applicant. Caywood (also secretary to the CHC) informed Grossman that due to hearing publication requirements, the next meeting date at which a submitted application could be heard by the CHC, is Tuesday, April 29th.
The PB reviewed the site plans previously submitted by the applicant, and discussed the potential location of the GPS and E911 antennas, and the HVAC equipment. It was pointed out that the CHC had resolved the location of the HVAC equipment and its screening in discussions with Sprint during their hearing for a site at this location, and the Omnipoint applicant was instructed to utilize this information in their plan design. Planning Administrator Mansfield confirmed from Grossman that they are integrating their plans with Sprint’s plans to streamline equipment location as much as possible, and that final plans will illustrate this. Peterson reminded the applicant that with the Town Elections in mid May, there will be changes to the PB membership. For this reason, Mansfield suggested that the
applicant plan to advance its process so that the PB can vote at its first meting in May. Grossman said that Sprint and Omnipoint are in communication and deciding on the height location, and that it could likely be decided by the April 14th PB meeting. Freedman confirmed with Alan Cameron (FRS) that the Church is in agreement with Omnipoint for co-location at 82 feet, but that he would like to confirm this with his Committee.
When asked about the resulting wireless coverage traveling north on Lowell Street, Grossman confirmed that a coverage gap would remain between this facility and the Erickson Farm Facility at 871 Lowell Street. Grossman said that the Sorli Farm and First Religious Society sites are expected to be on line in the latter part of this year.
Chair Epstein pointed out that the plots provided by Grossman modeling expected coverage of this facility and of the Sorli Farm Facility still show a gap in coverage along Westford Street between the two sites. Grossman said that site optimization by adjusting antennas may alleviate the gap, which is approximately 1/10 mi, but it is impossible to be sure until the sites are up and running. Larson asked that Omnipoint keep the Town informed as to the results of these adjustments when the time comes.. Freedman suggested that if the permit is granted the board impose a condition to require updated coverage data after the facility is operating. When Chair Epstein asked about the possibility of maximizing coverage in the easterly direction along Bedford Road, Grossman explained that due to geometry
limitations of the belfry, and due to the azimuths resulting from that and area topography, there will be less flexibility for antenna adjustment.
When Chair Epstein discussed the requirement of annual monitoring of the site as mentioned in the Town’s Bylaws, Grossman said that the FCC does not require annual monitoring, and that such monitoring is the FCC’s function and not the Town’s.
The PB then reviewed the list of requested waivers to the Town’s wireless bylaw and the PB’s Rules and Regulations, the most significant of which is to the Bylaw’s 900-foot setback requirement to a structure (either residential, historical or child care/educational facility). Section 5.9.3.21 of the Town Bylaws allows the PB to consider such a waiver under certain circumstances
For the next session of this hearing, Chair Epstein noted items for discussion including GPS antenna locations, facility height, and revised plans to PB and to Building Commissioner. Concerning potential acquisitions and mergers of service providers in the future, Freedman suggested that the decision on this application include a condition requiring that sites that are no longer needed because of consolidation of existing co-located providers be made available to other carriers whenever possible.
Gonzales moved and Lamere seconded the continuation of this hearing to Monday, April 14th at 7:45 pm, and the motion was approved 7-0.
Request for modification of condition #10 of Common Driveway Special Permit for Hobblebush Lane to allow certificate of occupancy to be issued for Lot 1C prior to completion of certain drainage and landscaping details, which cannot be addressed in the winter season (Request of Northland Residential Corp.)
Planning Administrator Mansfield reminded the PB that this common drive is located off the Benfield land and serves 4 ANR lots, and that it is a standard condition in common driveway decisions that no Certificate of Occupancy will be issued until the roadway is certified complete by the PB’s review engineer. Once the engineer has certified the As-Built plan, the PB issues a letter to the Building Department indicating that the roadway is complete, and a C of O can be issued. The owner of Lot 1C is currently seeking an occupancy permit. However, there are still several repairs that should be made to the roadway, all relating to the functioning of the drainage system that, according to the applicant, cannot be made during the winter. Northland Residential Corp has proposed the use of a surety
cash deposit to be held by the Town until the work is completed, to allow issuance of the C of O. The PB engineer has reviewed the estimated costs for the work, and the suggested bond amount is $5000.
Peterson confirmed with Mansfield that maintenance of the driveway will shift to the homeowners only when the last lot is sold. He expressed concern that since the driveway is not a public way, the Town could not hire someone to repair it, if that were to become necessary, since it is a private way. Peterson suggested that it is preferable that an unsold lot be held as surety to the Town. He also noted that a lot had already been issued a C of O in error before all conditions set forth in the permit were satisfied, and that weather conditions should allow the remaining work to be completed very soon.
After discussion, several PB members agreed that the drive should be finished and the as-built approved before any more Certificates of Occupancy are issued. Therefore, Chair Epstein moved to deny the applicant’s request to waive the condition set forth in the Common Drive Special Permit Decision, and that the common drive must be complete before allowing issuance of certificates of occupancy. Hoffman seconded the motion.
In discussion, the Board clarified that it is voting to deny the request to substitute a surety cash deposit for the special permit condition. Chair Epstein also directed that the PB engineer take a fresh look at the site.
When voted, the motion was approved 5-2, with Epstein and Gonzales voting against the motion.
Highland Building Study Committee
Hoffman, PB representative on the Committee, reported that they have met several times, have toured the building, and are trying to evaluate all options, taking the School Committee position into account,, including demolition, relocation, or renovation. The Committee plans to estimate the costs of these options by the end of May. All Committee members are in agreement that the building is of monetary value.
Hoffman added that the Committee’s goal is to make a clear recommendation to the Selectmen,. Options for retaining the building would range from basic stabilization of the building to complete renovation. Regarding uses for the building, Hoffman explained that the size of the rooms is not sufficient for classrooms, and that, according to the School Committee, State reimbursement funds are not available for construction in a wood frame building
or for administrative space. It is possible that the building may be considered of historic significance to qualify for use of CPA funds, however assessment of funding sources is not part of the Committee’s jurisdiction.
Other possible uses for the building include rental or other Town uses.
Preparation of Request for Proposals for Personal Wireless Communications Facilities on Town-owned land [Broadcast Signal Lab – Planning Board/joint subcommittee]
Larson reported that the team has met three times recently and has made significant headway on the RFP. Planning Administrator Mansfield, David Maxson (wireless consultant) and the Town Administrator have met regularly, and Selectman Tice and resident Peter Yelle have also participated.
Larson noted that there are still some open questions:
- How best to coordinate ConsComm approval for 100-foot buffer setbacks?
- Some uncertainty of the exact boundary of the Historic District near the proposed Town Hall site.
- Right-of-way licensing issues
Larson’s goal is to have the final draft RFP to the BOS in April for their review and feedback. He requested a concept review with the PB at the April 14th meeting to identify concerns before going to the Selectmen. Chair Epstein suggested that the PB receive as much written information on the RFP as possible before the April 14th meeting, and Larson will request Town Counsel review before it goes to the BOS.
Planning Administrator Mansfield added that a warrant article going before Town Meeting is for clarification of additional potential lease sites for wireless facilities. He noted that for the PB discussion of the RFP on April 14th, an Executive Session may be required.
Appointment of MAGIC representative
Nathan noted that she will be unable to attend the MAGIC meetings through July 1st. It was agreed that an interim PB representative will be arranged as meetings arise, but that Nathan should continue as the MAGIC rep.
Livable Carlisle Community
Freedman reported that Saturday, April 5th will be a Day of Community event for discussions of Carlisle yesterday, today and tomorrow. It will be held between 9 am and noon at the Carlisle Public School cafeteria. He suggested that it may provide useful information for the BOS, CPC and COA as well as the PB. He asked that the PB fund a minimal amount ($250) to help cover the cost of custodial and refreshment services, and the PB approved this request.
Discussion of potential amendments to Special Permit Rules and Regulations for Accessory Apartments to incorporate zoning bylaw amendments (Sec. 5.6) approved 5/06, DHCD regulatory agreement and LIP guidelines.
Chair Epstein noted that the PB had provided the Accessory Apartment Rules and Regulations to the Housing Authority in November, 2006 and has not received feedback. He asked Mansfield to inquire about. Freedman suggested that this inquiry be sent to Elizabeth Barnett as well as to the Housing Authority.
At 10:25 pm, Gonzales moved and Larson seconded the adjournment of the PB meeting. The motion was approved 7-0.
Respectfully Submitted,
Gretchen Caywood
Administrative Assistant
Carlisle Planning Board
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