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
May 12, 2008
Minutes 4/16 and 4/2808
Bills
Budget
ESRI maintenance contract renewal
Wireless Bylaw Working Group
Liaison reports
Preparation of Request for Proposals for Personal Wireless Communications Facilities on Town-owned land [Broadcast Signal Lab – Planning Board/joint subcommittee]
Continued Public Hearing for approval of a Common Driveway Special Permit under Sec. 5.4.4 of the Carlisle Zoning Bylaw to serve 2 lots at 268 Fiske Street (Map 30, Parcel 11), John Ballantine, applicant.
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.
Continued 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.
Public Hearing for approval of Accessory Apartment Special Permit located at Lot 4A-1 Cross Street (Map 7, Parcel 21) under Sec. 5.6 of the Carlisle Zoning Bylaws, Mollie MacCormack, applicant.
Chair Michael Epstein called the meeting to order at 7:00 pm in the Heald 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. Carol Nathan arrived at 7:35 pm.
Alan Carpenito (BOS), George Dimakarakos (Stamski & McNary), Rob West (Wilkins Hill Realty), Paul Alphen (Balas, Alphen and Santos), Grant Wilson (Concord Street), Mollie MacCormack (Stearns Hill Rd), John Ballantine (Fiske Street), and Bob Zielinski, (Carlisle Mosquito) were also in attendance. Gretchen Caywood, assistant to the Planning Administrator, joined the meeting at 7:25 pm.
Minutes
The PB reviewed the draft minutes for the April 28 2008 meeting, and one amendment was suggested. Peterson moved and Larson seconded the approval of the draft minutes as amended, and the motion was approved 6-0. The PB then reviewed the draft minutes from the special meeting of April 16, 2008, and one amendment was suggested. Peterson moved and Larson seconded the approval of the draft minutes as amended, and the motion was approved 6-0.
Other Business: Witten Contract
The Board discussed the Proposal for Legal Services previously submitted by Jon Witten for the development of overarching regulations and/or bylaws that would be common and applicable to all forms of land development in Carlisle. The PB had solicited the proposal from Witten, a practicing attorney and certified planner, based on a
discussion at the PB Special Meeting of April 16, 2008, where the Board determined that one of its primary objectives should be the development of such regulations.
Peterson pointed out that in light of the changes to State 40B law, the PB should have these regulations in place to define waivers to future projects. Chair Epstein pointed out that Westford and Sudbury have regulations that pertain only to 40Bs and detail a possible approach. He added that overarching regulations would apply to all proposed developments in Town, including 40Bs. While these overarching regulations would initially focus on PB matters, eventually comprehensive regulations should be developed which encompass matters of all Boards subject to their interest in participating and funds available to pay the consultant.
Planning Administrator Mansfield reviewed the contracting process for this work, and indicated that the Town Administrator has requested that the Selectmen review the contract before it is executed. Chair Epstein said that while he is in favor of advising the Selectmen of the contract, he is concerned that the PB’s use of its Planning and Professional funds is becoming more and more regulated, and he does not want this discussion with the Selectmen to set a precedent in this regard. Nathan arrived at this point.
Lamere reported that he spoke with an acquaintance on the Planning Board in Stow regarding Witten. His contact explained that Witten was very helpful to Stow and its Planning Board with regard to developing regulations and bylaws. Planning Administrator Mansfield said he would welcome the opportunity to work with Witten, as he has an excellent reputation in his field, and is a trained planner as well as an attorney.
Peterson moved that the PB encumber $9,500 from its Planning and Professional budget line to enter into a contract before the close of FY08 for services to be provided by Jon Witten as outlined in his Proposal for Legal Services provided to Planning Administrator Mansfield and dated April 22, 2008, all services to be provided and completed prior to the close of FY09. Larson seconded the motion, and it carried 7-0.
Other Business: Staff Hours
Chair Epstein explained that since the Administrative Assistant’s hours are a bit over budget, averaging 19.4/week so far this FY, and she is budgeted for 18 hours/week, the Town Administrator has requested that she cut back to about 15 hours/week for the remainder of FY08 to balance this budget line item. He felt that this was unfair to the employee, and could be a hardship for her and the Board’s work. He and Planning Administrator Mansfield discussed that in their experience the PB budget has always been handled as a bottom-line budget in which the PB had the authority to transfer money between line items within the PB budget if necessary.
Chair Epstein explained that the PB could prepare a justification for additional hours for presentation to the Personnel Board for approval. The Town Administrator has explained that in matters concerning staff hours it is necessary to approach the Personnel Board first, rather than approach the Finance Committee.
Peterson suggested that the PB forward a request to the Personnel Board to allow the Administrative Assistant’s hours to be 18 hours per week for the remainder of the fiscal year, allowing the existing funding to cover this expense. After discussion the PB was in agreement with this approach.
Public Hearing for approval of Accessory Apartment Special Permit located at Lot 4A-1 Cross Street (Map 7, Parcel 21) under Sec. 5.6 of the Carlisle Zoning Bylaws, Mollie MacCormack, applicant.
Planning Administrator Mansfield explained that this is a request to include an accessory apartment within a house soon to be constructed on Cross Street, on a 10-acre lot across the street from the Greystone Crossing conservation cluster. This is one of two lots served by the Cross Street common driveway approved by the PB in June 2007, and would be the 14th unit approved since the bylaw was adopted in 1989.
The apartment is to be on the second floor of a proposed attached 3-car carriage house, and has a separate entrance. Mansfield highlighted the documents that had been provided to the PB concerning this application, and noted that in his opinion the application generally meets the requirement for approval of an accessory apartment, but suggested that the PB review the overall dimensions of the apartment to determine if it meets accessory
apartment size limitations within a principal residence. He also recommended that, since the only parking provided is within the garage, one of the spaces be designated for the tenant’s use.
Applicant Mollie MacCormack provided floor plans for the PB’s review this evening, all having calculated square footage. After her description of the apartment setup, the PB requested that a fire door be installed between the
apartment and the main house. The 1105 sq ft apartment was shown to be well less than the regulatory limit of 35% of the total floor space square footage of the house.
Peterson moved that the PB approve this application for accessory apartment to be located at lot 4A-1 Cross Street, finding that:
· No more than75 such apartments have been approved in Carlisle,
· It is accessory to the primary residence and will be a completely separate housing unit,
· It is less than 1200 square feet in floor space area, and
· The floor space of the apartment totals less than 35% of the total floor space of the house and apartment combined,
· Either the apartment or the house will be occupied by the owner,
· There is adequate parking on the premises,
· There is no other apartment on the lot, and
· The external appearance of the planned home is that of a single family residence,
and upon condition that a door be installed between the apartment and the main house. Larson seconded, and the motion was approved unanimously (7-0). The hearing was kept open for review of the final special permit decision. Peterson moved and Nathan seconded the continuation of this public hearing to Monday, June 9, 2008 at 7:30 pm, and the motion was approved unanimously (7-0).
Continued Public Hearing for approval of a Common Driveway Special Permit under Sec. 5.4.4 of the Carlisle Zoning Bylaw to serve 2 lots at 268 Fiske Street (Map 30, Parcel 11), John Ballantine, applicant.
Planning Administrator Mansfield noted that the plans for this 2-lot common driveway have been revised, at the request of the Conservation Commission. The main changes are that the length of the common section of the driveway has been increased (totaling 351 feet) to reduce the wetlands impact of the new extended private drive. In addition, a turnaround has also been added prior to the fork of the driveway. The driveway will remain gravel and is proposed at 10 feet wide with 2 foot shoulders, also to reduce the impact on wetlands, and requires a waiver from the 12 foot standard width. Additional waivers will be required since the driveway would be less than 40 feet from outer lot lines, and since it will not be named.
Mansfield noted that the PB engineer had reviewed the revised plans and made two requests. One involved requesting removal of brush and small trees to enhance the sight distance to the south at the driveway entrance. A visit to the site had showed Mansfield that by removing the smaller trees and some dead larger ones, the visibility could be significantly improved without removing any live larger trees. On discussion, the applicant’s engineer estimated that the threshold for small tree removal would be trees of 2 inches in diameters at 4 foot height. None of the trees under discussion are within the ROW, and so are not protected by the Scenic Roads Bylaw. With regard to the sight line to the north, the Board of Health has required that at least four 6-foot white pine trees be planted in
front of the septic system retaining wall adjacent to Fiske Street as screening. LandTech, the Board’s peer engineer, has requested that this sight triangle be added to the plans and that these 4 trees be shown outside the area. The peer engineer has also asked for a construction detail for all proposed, required signs to assure appropriate size and permanency.
Peterson moved to approve the 2-lot common drive at 268 Fiske Street, map 30, parcel 11, prepared by Stamski and McNary for John Ballantine, finding that:
· The common drive will serve a maximum of 2 single family home lots with accessory structures typical of single family home use,
· The design provides sufficient access to fire and rescue vehicles
· It will be constructed at the expense of the 2 property owners
· The deed for the common driveway will run with the land
· The Special Permit will not become effective until the plan is recorded at the North Middlesex Registry of Deeds.
· The proposed common driveway conforms to all other aspect of Section 7.2.1 of the Carlisle Zoning Bylaws.
And granting of the following requested waivers:
1. the common driveway will not be named,
2. a portion of the common driveway will be less than 40 feet from the lot line, and
3. the width of the gravel common driveway will be 10 feet with 2-foot shoulders.
And subject to the following conditions:
1. The plan for which this special permit is granted is entitled “Common Driveway Plan, map 30, parcel 11, in Carlisle, MA, for John Ballantine, dated January 25, 2008 and last revised May 1, 2008, by Stamski & McNary, Inc. Acton, MA.
2. This special permit is subject to a Common Driveway Declaration of Access and Utility Easmenets and restrictive Covenants (maintenance agreement), substantially in the form submitted to the PB at this meeting, and to be recorded with the plan.
3. Lots 11B1 and 11B2 shall not be accessed by any means other than this common driveway, and the common driveway shall be used to access no more than two (2) single-family homes and the uses and structures legally accessory thereto,
4. The special permit will lapse if not recorded within 60 days. No building permit shall be issued for construction on Lot 11B1 or 11B-2 until the applicant shall have recorded a certified copy of the Special Permit Decision with the Middlesex North District Registry of Deeds. A copy of the recorded decision shall be filed with the Town Clerk, the Building Inspector and the Planning Board.
5. The special permit will lapse if substantial use of the permit has not commenced within one (1) year from the expiration of the appeal period, except for good cause.
6. No amendment of the Common Driveway Declaration of Access and Utility Easements and Restrictive Covenants that would affect the requirements imposed by the special permit shall be effective unless made in accordance with the provisions of the PB’s Rules and Regulations Regarding Special Permits for Common Driveways and until such amendment is duly recorded with the Middlesex North District Registry of Deeds.
7. At the completion of all work under the Special Permit, the Applicant shall submit an As-Built Plan to the PB demonstrating compliance with the approved special permit.
8. No building or structure, or portion thereof, located on lot 11B2 served by this common driveway shall be occupied until 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 with standard engineering practices.
9. All utilities serving the common drive will be buried beneath the roadway,
10. All brush and small trees located within the property along the Fiske Street frontage south of the common drive entrance to 14 feet within the lot line will be cleared and maintained clear, with small trees here defined as less than 2 inches in diameter at a height of 4 feet above grade.
Hoffman seconded the motion. On discussion, Planning Administrator Mansfield advised that the sight triangles be shown on the plan, and that site clearing along the Fiske Street frontage south of the drive entrance should be noted on the plan. With the motion revised to include this condition, the PB voted unanimously (7-0) to approve this common drive special permit application.
This hearing was held open for review of final draft documents of the special permit decision. Peterson moved and Nathan seconded the continuation of this public hearing to 7:35 pm on Monday, June 9, 2008, and the motion was approved unanimously (7-0).
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 this public hearing. Planning Administrator Mansfield reported that revised plans had been submitted on May 1, and that these plans and a memo from the applicant’s engineer explaining the changes had been provided to the PB before the meeting tonight.. He added that all document revisions suggested by Town Counsel have been incorporated into the draft legal documents pertaining to this application, and that they are nearly in final form. Chair Epstein reported that he had reviewed all pathway easements, pertaining to properties both on and off the site, with Pedestrian and Bike Safety Advisory Committee Chair Deb Belanger, and that the easements are in acceptable form.
Dimakarakos (Stamski & McNary) reported that the Conservation Commission had closed their hearing on this application, but had asked for certain additional plan details upland of the wetlands area. Belanger noted that the newest plan, revised today, depicts the proposed pathway to the east of the site, and is referenced with conditions. Belanger informed the PB that the goal is to complete this pathway at the same time as the pathways within the development are constructed. Rob West, agent for the applicant, confirmed that all pathways will be constructed at the same time, and suggested that they could be completed within 60 days of the completion of the subdivision roadways (with binder and finish).
The PB discussed roadway maintenance responsibilities for the public and private ways. Mansfield explained that prior to completion of the roadway, the developer is responsible for maintenance of the stormwater drainage system. If the Town votes to accept the subdivision roadways as public ways and approves the drainage systems, the Town becomes responsible for all roadway and drainage maintenance within the right of ways. If the Town accepts only the right-of-ways, then the drainage system maintenance as well as roadway maintenance is the responsibility of the Homeowners’ Association (HA). He added that if the HA does not perform the work, the Town can do so and bill the HA for the cost of the work, but the Town is not obligated to step in.
The PB reviewed the draft legal documents. With regard to the HA Trust, Mansfield noted that all 35 lot owners will be contributing to the Trust, as all will benefit from the use o the subdivision roadways and the site drainage system. Mansfield also noted that there had been no response from the Fire Chief to his letter reporting on the PB’s response to his requests.
Chair Epstein noted that he had reviewed the recording of the PB meeting of April 28, 2008, from which he was absent, in detail. He asked the applicant to review the revised landscape plan. Dimakarakos noted that with the roadway shoulder adjustments and grading adjustments suggested by the PB, many of the trees in the right of way will be able to remain. He added that the Conservation Commission has asked that a conservation seed mix be used for planting on the roadway slopes, and noted that there is now 50 feet of distance from the wetland to the retaining wall at the cul-de-sac due to the slope changes. He will be working with the Conservation Administrator regarding tree choices.
Lamere referred to the construction detail for the entrance to the trail (at the rear of the site) from the parking area on Hanover Road. He recommended that a ramp-like approach be used to the entrance rather than a steep slope, and that making the trail entrance a similar slope to that of the common drive that it will parallel will lessen the tendency of pedestrians to walk along the drive itself. The applicant agreed to this request. Lamere noted that the applicant has agreed to pay for 2 boardwalks for the trail, and West noted that only the cost of the materials will be paid.
The PB reviewed the requested waivers, and Chair Epstein noted that these will be laid out in detail for the June 9th PB meeting. Epstein also asked that the applicant provide any new plans to Mansfield well ahead of the next meeting, as the PB’s goal is to render a decision on this application at that meeting. Mansfield noted that he will be preparing a draft decision on the subdivision, with waivers and conditions, as well as 5 common drive special permit draft decisions, each with waivers and conditions.
Paul Alphen, attorney for the applicant, agreed to an extension of time to approve this subdivision application from May 23rd to June 13th, 2008, and provided a written request for extension to Planning Administrator Mansfield. Freedman moved to accept this request for extension, Hoffman seconded and the motion was approved 6-0-1, with Peterson recused.
Nathan moved to continue this public hearing to 7:45 pm on Monday, June 9, 2008, Freedman seconded and the motion was approved 6-0-1.
Continued 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 was continued at the request of the applicant. Epstein moved and Peterson seconded the continuation of this public hearing to Monday, June 9, 2008 at 8:30 pm, and the motion was approved unanimously (7-0).
Other Business
Chair Epstein reported that the PB is on the BOS agenda at their May 27th meeting in order to appoint Gonzales as an associate member, and that this is a joint appointment with the Selectmen. He explained that a quorum would be needed, and Peterson, Nathan Freedman and Lamere agreed to attend with Epstein. The potential contract with Jon Witten for development control bylaws will also be discussed.
The Board discussed the renewal of the maintenance contract for the GIS system, and all were in favor of renewing it for the next fiscal year at a cost of $726.
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 met with the Town Administrator, Selectman Tice and Planning Administrator Mansfield the prior week regarding the latest aspects of this proposal, and that his goal is to present it to the BOS at their May 27th meeting. He reviewed the status of the RPF. Larson noted that he and the Planning Administrator had visited the sites last year, and that the PB has discussed the RPF proposal in depth previously at its October 29, 2007 meeting.
Currently there are 5 parcels of land highlighted in the RFP, with 4 indicated suitable for a monopole facility and one for an equipment shelter only. Larson explained that while none of the sites meet the 900-foot setback requirement of the bylaw (facility must be at least 900 feet from any residence), these proposed sites have the fewest residences within the 900 foot radius of the proposed equipment or monopole location. Chair Epstein pointed out that the waiver request to reduce this setback must be justifiable for each site.
Larson suggested that the PB be willing to grant a waiver to the 60 foot monopole height limitation, to a maximum of 90 feet, if at least one co-locator is confirmed, with an ideal goal of 2 co-locators and the primary provider for a 90-foot pole. When he asked if the PB had concerns with any of the five proposed sites, Peterson suggested that each site may warrant special consideration for what may be appropriate at that site. For example, he suggested that a tall flagpole-style monopole could be employed for the Town Hall site.
Larson provided a general description of the proposed equipment housing structures for each site, explaining that, in each case, the equipment building design will mimic other structures at that site. He added that the use of small form factor technologies (SFFT) such as distributed antenna systems (DAS) will be considered as much as possible, but noted that these require wooden utility poles, use of DAS may not be possible in areas with buried utilities.
The Board discussed waiving the $5000 application fee for wireless facilities. Larson pointed out that the Town Administrator has suggested asking for a non-refundable $10-15,000 deposit by the applicant toward legal fees associated with their application, and the potential of achieving this would be greater if the application fee were
waived. Freedman suggested that such a deposit could be viewed as a fee for ‘right of first refusal’ (or option fee)
to compensate for time that the Town is not able to consider other applicants for that site. The PB agreed to waive its $5000 application fee for these facilities.
At 11:15 pm, Peterson moved and Hoffman seconded the adjournment of the PB meeting. The motion was approved unanimously (7-0).
Respectfully Submitted,
Gretchen Caywood
Administrative Assistant
Carlisle Planning Board
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