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
April 28, 2008
Minutes 4/14/08
Bills
Budget
Liaison reports
Magic in Carlisle in July
Preparation of Request for Proposals for Personal Wireless Communications Facilities on Town-owned land [Broadcast Signal Lab – Planning Board/joint subcommittee]
Consideration 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.
Continued Joint Public Hearing for approval of a Definitive Subdivision Plan for Hanover Hill, composed of 35 lots on 167.31 acres at 672 and 872 Westford Street, and five (5) Common Driveway Special Permits under Sec. 5.4.4 of the Carlisle Zoning Bylaws, Map 19, Parcels 37, 39, 40 & 41 and Map 20, Parcels 9 & 10A, Wilkins Hill Realty, LLC, applicant
Request for extension of time to exercise Conservation Cluster and Common Driveway Special Permits for Chestnut Estates, at 400 Rutland Street (Request of Richard P. Howe, Sr., Trustee of John Raymond Brown Revocable Trust)
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.)
Vice Chair Greg Peterson called the meeting to order at 7:34 pm in the Heald Room of Town Hall. Members Ken Hoffman, Brian Larson, Marc Lamere, Kent Gonzales, Associate Member David Freedman, and Planning Administrator George Mansfield were present. Chair Michael Epstein and Associate Member Tom Lane were absent. Carol Nathan arrived at 7:55 pm.
Gretchen Caywood, assistant to the Planning Administrator, Alan Carpenito (BOS), Doug Stevenson (BOS), Martha Howe (Lowell, MA), Richard Howe, Sr. (Lowell, MA), George Dimakarakos (Stamski & McNary), Rob West (Wilkins Hill Realty), Paul Alphen (Balas, Alphen and Santos), Farshad Nayeri and Lauren Schmitt (Audubon Lane), Steven Ventresca (Nitsch Engineering), Sandy Brock (Nitsch Engineering, Peter Crabtree (Northland Residential), Jack Dawley (Northland Residential), [names, homeowners on Hobblebush], and Bob Zielinski, (Carlisle Mosquito) were also in attendance.
Minutes
The PB reviewed the draft minutes for the April 14, 2008 meeting. Hoffman moved and Larson seconded the approval of the draft minutes, and the motion was approved 3-0-1 (Lamere abstaining).
Magic in Carlisle in July
Planning Administrator Mansfield announced that the Minuteman Advisory Group on Interlocal Coordination (MAGIC) would like to hold their July meeting in Carlisle Town Hall. In the past, the BOS and PB have jointly co-sponsored the event. Mansfield asked the PB for their recommendation on co-sponsoring the meeting.
Peterson moved and Gonzales seconded that the PB join with the BOS in inviting MAGIC to Carlisle for their July 10, 2008 meeting. The motion carried unanimously (5-0).
Preparation of Request for Proposals for Personal Wireless Communications Facilities on Town-owned land [Broadcast Signal Lab – Planning Board/joint subcommittee]
Larson reported that he had discussed the developing draft RFP at the recent BOS meeting, where it was well-received. The proposed sites for wireless facilities were reviewed in detail. The next step with the BOS will be at its May 22nd meeting, where a pricing strategy for the contracts will be discussed in Executive Session. Larson planned to present other revised RFP documents to the PB at its May 12th meeting.
Vice Chair Peterson inquired about the status of payment authorizations with respect to this RFP. Larson noted that of the $5500 encumbered from the prior fiscal year for this purpose, about $1500 has been billed, with an additional $1000 of expenses in process.
Nathan arrived at this point.
Request for extension of time to exercise Conservation Cluster and Common Driveway Special Permits for Chestnut Estates, at 400 Rutland Street (Request of Richard P. Howe, Sr., Trustee of John Raymond Brown Revocable Trust)
Lamere recused himself for this discussion, as he is an abutter to the property. Martha Howe, attorney for the applicant, addressed the PB regarding these Special Permits which will lapse on July 17, 2008. She noted that the home at 400 Rutland and the adjacent property have been on the real estate market since June 2007, with three price decreases. They are close to selling the home and have an interested party for the land. Howe requested a one year extension (to July 16, 2009) on these Special Permits.
Vice Chair Peterson reminded the applicant that, according to the permits, the development work would have to have begun, by July 17, 2008 in order to consider that substantial use has taken place. Otherwise the permits would lapse if not extended. He added that State law allows only one extension.
Larson moved and Gonzales seconded the extension of time to exercise the Conservation Cluster and Common Driveway Special Permits associated with 400 Rutland Street for a period of one year, to expire as extended on Thursday, July 16, 2009. The motion was approved 4-0-2 (Lamere and Nathan abstaining).
Consideration 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.
Planning Administrator Mansfield noted that although the Housing Authority (HA) had reviewed and commented on the proposed Rules and Regulations, and the BOH Agent had reviewed them as well, a bylaw provision instructs the Board to notify and seek comments from additional sources before amending the Rules and Regulations. He reported that a notice and the draft Regulations have now been circulated to the BOS, BOH, COA and Building Inspector as well.
The PB reviewed the draft Regulations. Regarding the open tenant selection process in which a list of qualified applicants is generated, Nathan confirmed from Mansfield that the apartment owner is allowed to choose a tenant from the list. Mansfield also noted that while an owner can occupy an AA and rent their house if they so choose, the owner cannot occupy an AAA as they would not meet the qualifications.
The PB noted that the new draft Regulations do not add any additional requirements for obtaining an AA permit. Mansfield also proposed the idea of a streamlined process for converting an accessory apartment (AA) to an affordable one (AAA) in the case of a resident who already has an AA special permit, is not making any changes to the apartment, and whose special permit has no unique conditions beyond those of the Bylaw. Peterson suggested that Mansfield and Elizabeth Barnett, Administrative Coordinator, discuss this with the Acting Building Inspector, and seek his agreement with the concept.
The PB then reviewed the draft Rules and Regulation for AAAs for the process of an applicant’s steps with the PB and the HA. Peterson suggested that Mansfield prepare a checklist of requirements and process for qualifying for the expedited process for conversion of a standard AA to an AAA, including that there be no physical changes requested to the apartment, and no special conditions associated with the already issued permit for the existing AA. Gonzales suggested that, when final, this checklist be direct mailed to the currently brief list of AA permit holders in Town to make them aware of the ease of conversion to an AAA that can count toward the Town’s 40B requirement.
Nathan moved and Lamere seconded that the PB adopt the revised Accessory Apartment Rules and Regulations drafted April 2008, and the motion was approved unanimously (6-0).
Continued Joint Public Hearing for approval of a Definitive Subdivision Plan for Hanover Hill, composed of 35 lots on 167.31 acres at 672 and 872 Westford Street, and five (5) Common Driveway Special Permits under Sec. 5.4.4 of the Carlisle Zoning Bylaws, Map 19, Parcels 37, 39, 40 & 41 and Map 20, Parcels 9 & 10A, Wilkins Hill Realty, LLC, applicant
Vice Chair Peterson recused himself from the PB for this hearing, after appointing David Freedman as Acting Chair. Freedman opened the continued joint public hearing and referred to an April 26th letter from the Fire Chief summarizing his review of the revised plans for this project. The letter points out that the planned Hanover Road will serve more than 15 homes in total, and the Fire Chief expressed concern over the proposed reduction in width from 20 to 18 feet for part of the roadway.
Dimakarakos (Stamski & McNary), engineer for the applicant, explained that the section of Hanover Road that the Fire Chief is concerned about will serve 7 homes, and widens to 24 feet near and at the cistern in that area of the roadway. He added that the two homes planned for the common drive at the end of the roadway will be able to utilize this cistern, and that they will be in closer proximity to a cistern than many homes already existing in Carlisle. Freedman added that the Subdivision Regulations note that a width of 18 feet is allowed if the roadway is serving less than 15 homes, as is the case in this area. Dimakarakos added that 4-foot wide shoulders are proposed for either side of Hanover Road from the Hanover/Johnson Road intersection to the cul-de-sac, which has a 20-foot wide pavement
with 4-foot shoulders.
The Fire Chief’s letter also expressed concern with the planned widths for Sorli Way and Gormley Way, requesting 18 feet of pavement for the former and 16 feet of pavement and 2-foot shoulders for the latter, and the elimination of sloped granite curbing. Dimakarakos noted that Gormley is currently planned for 16 feet, and that the sloped curbing is recommended for erosion control. After discussion, the PB and applicant agreed to keep a 16 –foot pavement width and sloped granite edging with 2-foot hard shoulders for both of these two roadways.
The Fire Chief also requested an inside turning radius of 50 feet for the Hanover Road cul-de-sac. The PB reviewed that this cul-de-sac had been redesigned for a teardrop shape to locate it further from wetlands in the area, per ConsComm request. Hoffman pointed out that with respect to the teardrop shape and the resulting 35-foot inner radius, an arriving fire engine should be able to enter the teardrop smoothly and quickly to handle a fire at either of the two proposed homes on the cul-de-sac, and only on the way out would the truck perhaps need to reposition itself (for exiting the area) by stopping, backing up and adjusting its turn. Sandy Brock (Nitsch Engineering), the PB’s design engineer, agreed with this analysis. Freedman pointed out that the Hanover Road cul-de-sac was similar in size
and design to the two Common Drive cul-de-sacs in the development, that all three served just 2 or 3 homes, and that the Fire Department was apparently OK with the cul-de-sac designs for the Common Drives.
Freedman explained that the PB decisions on these design issues were based on actual site visits to many completed projects throughout Town. He added that in the design of such projects, it is always necessary for the PB to balance safety and environmental concerns. Brock, Dimakarakos, and the applicant concurred that the proposed designs would not create an unsafe situation for residents in terms of Fire Safety. On reviewing all factors that went into the design decisions, the PB decided that the plans would remain as currently designed.. Freedman asked Planning Administrator Mansfield to forward a letter to the Fire Chief explaining the environmental reasons necessitating the cul-de-sac design, and noting that other design features mentioned in his letter conform to or exceed the standards set
forth in the Rules and Regulations for Common Drives and Subdivisions.
Freedman asked Dimakarakos and Brock to update the PB on their conversation today regarding the redesigned plans. Dimakarakos stated that the two firms were in agreement on the technical issues, but that there are some issues for which Nitsch would like a PB decision. The PB reviewed in detail the Nitsch Engineering review letter (dated 4/22/08) on the Definitive Subdivision Plan. They confirmed that the planned locations for soil stockpiles are sufficiently far from the roadway. They also confirmed that no significant rock crushing (of ledge) will be taking place. Brock noted that the PB can put conditions into the Stormwater Pollution Prevention Plan concerning stockpile locations, as the Plan is a living document. She also suggested that a time limit be instituted for soil
stockpiling, beyond which erosion control measures are necessary. The Board and the applicant agreed in principle on a stockpiling condition that would prohibit stockpiling within 300 feet of Westford Road.
In response to a question from Acting Chair Freedman, Peterson, speaking as a citizen who is a member of the Carlisle Conservation Foundation (CCF), noted that both Stamski & McNary and a peer review surveyor hired by CCF were in agreement on the precise boundaries of the permanent Conservation Restrictions on the property, and monumentation and signage for the CR boundaries, with the CR boundaries being reflected on the latest plans before the PB and referenced in a form of Boundary Agreement negotiated between the property owner and CCF, previously supplied to the PB. With respect to trails at the property, Peterson responded that the property owner had agreed to a separate, permanent public trail easement to CCF, including not only a trail between the end of Virginia Farm Road and Hanover Road, but also
including a trail to Town conservation land to the north of the property, off of Curve Street, as well as connecting public access over Hanover Road and Johnson Road prior to the time such Roads may be accepted as Town ways, and that the form of such Trail Easement had been agreed upon as well between the property owner and CCF. Therefore CCF is comfortable with the CR Boundary Agreement and Trail Easement documents provided. Peterson explained that it is not legally necessary that the permanent Trail Easement be part of the CR. Lamere, also a Trails Committee member, indicated satisfaction with this arrangement.
Concerning cut and fill amounts for the site, Dimakarakos explained that the revised plans now incorporate the amount of fill required for the construction of all common drives, and therefore the total fill expected for the project is 11,785 cubic yards. When asked whether a further reduction in fill was possible, the applicant explained that the net fill has been trimmed by 50% by reducing slopes, lowering roadway grades and reducing shoulder widths, and can likely not be reduced further. The PB agreed that the reduction in fill requirements from original numbers was considerable.
The applicant noted that a revised landscape plan is in process and should be complete by the end of the week, and the PB engineer indicated that their review of the plans should be quick. ConsComm will be reviewing the new landscape plan on May 8th. It was noted that this project will require a National Pollution Discharge Elimination System (NPDES) permit from the US EPA. The PB engineer recommended that the PB include a condition in the Approval for this application, if granted, that the Applicant submit a copy of the Notice of Intent for the PB records.
The PB discussed that police details would be needed for at least some of the time during which trucks deliver materials to the site. Hoffman pointed out that the applicant should plan the truck routes, deliveries and traffic in a way that best suits Carlisle residents and traffic. Gonzales confirmed that the applicant will erect signs informing traffic of the truck routes. Freedman confirmed that the applicant will cover the cost of any police details. Freedman asked that a general condition be formulated on this issue, for incorporation into any Approval on this application.
Deb Belanger (Ped/Bike Committee) updated the PB on the pathways under consideration at this site. For extension of the pathway to the east of the site, BOS approval has been granted for use of the right-of-way areas outside the development, and easements where necessary. She had previously provided a standard construction detail plan to Rob West (Wilkins Hill Realty), and this will also be provided to the DPW Superintendent for approval. For both the east end and for the 872 Westford to Curve Street area, surveyed plans are being developed. These will be provided to ConsComm. A total of three easements will be needed. Drafts of two are with Town Counsel, and the third is for the Flavin property, and will not require Town Counsel review. Belanger noted that at the next PB hearing
on this application, she will report on the construction detail approved by DPW, the surveyed documents and the easements.
Acting Chair Freedman reported that West had viewed the boardwalks at Minuteman Park in Concord, and is still not in agreement with the use of any boardwalks for this pathway. Belanger pointed out that if the pathway to the west is on the roadside and there is a later decision to widen the roadway, unless boardwalks can be used for some wetland passage, moving the pathway inside the stone wall in this area will not be possible. She stressed the importance of the flexibility to construct the pathway inside the stone wall if needed in the future. Freedman pointed out that although less restrictive easement language might be ideal, this section of proposed pathway is outside the project boundary, the applicant is currently unwilling to revise the easement to allow for the possibility of boardwalks, so there is
not much more the PB can do at this point. West suggested that any future pathway designs not consistent with the proposed easement language would be subject to the approval of the then property owner.
At this point, Hoffman moved and Lamere seconded the continuation of this joint public hearing to Monday, May 12, 2008 at 8:15 pm. The motion was approved 5-0-1 (Peterson recused).
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.)
Vice Chair Peterson resumed the Chair for the remainder of this meeting. Planning Administrator Mansfield reported that Farshad Nayeri and Lauren Schmitt, the owners of Lot 1, are seeking to have a Certificate of Occupancy (C of O) by the end of May. They are suggesting that Condition 10 of the Special Permit for Hobblebush Lane be amended to pass on the C of O restriction to the next lot, to enable them to move into their residence before the completion of the remaining roadway work. Mansfield reminded the PB that a C of O was issued erroneously by the Building Department for Lot 4.
All parties, including Ventresca (Nitsch), Peter Crabtree (Northland Residential), Planning Administrator Mansfield, and the property owners, had met at the site on April 16th and verified that Northland had made the previously recommended changes. They also identified some new issues requiring attention. Ventresca had made recommendations on these issues, and he reported that these have been addressed by the applicant’s engineer.
Mansfield summarized that the next steps are to complete the necessary work, obtain a new As-Built from Northland Residential, and have it reviewed by Nitsch Engineering. Peterson suggested that a condition be drafted that the owners receive their C of O now, but Lots 2 or 3 cannot until all work is complete. Since Hobblebush Lane is not proposed to be a Town roadway, a cash security should not be utilized here.
Peterson moved and Gonzales seconded that the PB approve the request to amend Condition #10 of the Special Permit for Hobblebush Lane, striking the existing Condition #10 and substituting:
No building or structure, or portion thereof, located on Lots 2C or 3C, shall be occupied until a revised As Built Plan, reflecting the changes to the site referenced in the memorandum of MetroWest Engineering to Nitsch Engineering, dated 4/28/08, has been submitted to the Planning Board, and there shall have been filed with the Town Clerk, the Building Inspector and the Planning Board a statement by the Board’s consulting engineer certifying that the finished grades and final construction details of the common driveway have been constructed in accordance with the plans referenced in Condition #1 and/or the revised As-Built Plan, as applicable, and with standard engineering practices. This work and these documents shall be
submitted no later than July 31, 2008.
Freedman reiterated that the proposed motion was in response to homeowners’ situation and request, that it was counter to standard practice, per the Rules and Regulations on Common Drives, that no occupancy permits be granted until the roadway was complete, and received confirmation from Northland that they understood this was a special case and would not be expected for the remaining lots on Hobblebush or any lots on Applegrove.
The motion passed unanimously (6-0). The memorandum to which the condition refers included such revisions as adding stationing to the plans and revised letter, adding a 6-inch depth of 3-inch to 6-inch clean stone on the surface of the drainage trench (to prevent erosion of stone dust), adding a notation to the leaching basin detail that the structure and components shall all be H-20 loading rated, clearer detailing of the existing trench drain and proposed drainage pipes to avoid confusion on installation, adding silt fencing along the wetland line, and noting proposed swale changes. A notarized, signed copy of this amended Condition #10 will be submitted to the Building Department and to Northland Residential, who will be responsible for recording it.
Other Business: Development Controls
Vice Chair Peterson referred to information forwarded to the PB by Jon Witten (Daley and Witten) at the Chair’s request concerning the potential development of a coordinated and fully integrated set of land use regulations. Such a bylaw may, among other benefits, better position the Town for future 40B applications. Witten suggests that Carlisle would benefit from revising its Rules and Regulations for Comprehensive Permit Applications in the context of other land use bylaws and regulations. Freedman added that Witten would be advising the PB on what needs to be done to develop such a comprehensive set of regulations, or “Land Use and Development Bylaw,” as well as providing guidance on coordination with other departments and a Town Master Plan.
Peterson noted that such a Bylaw can be zoning or general. It can include general statements about considering impacts on the Town, and can set general principles of importance to the Town. Freedman pointed out that among the recent regulation changes from the Department of Housing and Community Development (DHCD), developers now can consider incorporating commercial properties within their 40B development whether or not it is allowed in the zoning of a Town.
Peterson asked the PB membership to forward their comments on the draft proposal provided by Witten by Tuesday, May 6th, as the PB will be voting at their May 12th meeting on whether or not to go forward with a consulting contract for this bylaw/regulations development.
At 10:45 pm, Gonzales moved and Peterson seconded the adjournment of the PB meeting. The motion was approved unanimously (6-0).
Respectfully Submitted,
Gretchen Caywood
Administrative Assistant
Carlisle Planning Board
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