Carlisle Planning Board Minutes
September 14, 2009
Minutes 8/3/09
Bills
Budget
Cable Advisory Committee survey
CCTV announcement postings
Associate Member positions
Commonwealth Capital Application
Open Meeting Law amendments
Liaison Reports
Review of recommendations by Jon Witten. AICP, Esq., regarding the revision of the Carlisle Zoning Bylaws and various Boards' Rules and Regulations to establish a comprehensive set of regulations and/or a land use and development bylaw [Next steps]
Preparation of Request for Proposals for Personal Wireless Communications Facilities on Town-owned land [Broadcast Signal Lab - Planning Board/joint subcommittee - RFP issued 7/09]
Discussion of strategy with regard to implementation of Settlement Agreement, Valchuis et al. v. Planning Board, Berry
Corner Lane, Map 7, Parcel 29 (motion to go into executive session may be entertained)
Review of possible Planning Board initiatives over the summer months
Consideration of necessary amendments to Rules and Regulations for Personal Wireless Service Facilities consistent with Zoning Bylaw amendments to Sec 5.9 approved by Town Meeting.
Request to endorse plans approved 5/12/08 for 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), and for an extension of time to record the decision until 9/30/09 (request of John Ballantine)
Request for release of Lot 23 from the Restrictive Covenant for Hanover Hill Definitive Subdivision Plan (Request of Wilkins Hill Realty LLC)
Informal conceptual presentation of proposal for Chapter 40B project of 11 units of attached housing at Lot 6, Maple Street (Red Fox Drive)(Map 36, Parcel 63) [Request of Yongdeng Chen]
Consideration of amendments to Rules and Regulations for Site Plan Review consistent with Zoning Bylaw Sec. 7.6 (Request of Board of Selectmen)
Chair David Freedman called the meeting to order at 7:45 pm in the Clark Room of Town Hall. Members Kent Gonzales, Marc Lamere, Nathan Brown and Planning Administrator George Mansfield were present. Members Michael Epstein and Tom Lane were absent. Carol Nathan arrived at 7:49 pm.
Gretchen Caywood, Administrative Assistant to the Planning Board, Alan Carpenito (South Street), and Bob Zielinski (Carlisle Mosquito) were also in attendance.
Request to endorse plans approved 5/12/08 for 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), and for an extension of time to record the decision until 9/30/09 (request of John Ballantine)
John Ballantine had applied for and received a common driveway special permit last year to serve a lot behind his current house that he had hoped to sell, or build on if alternatively he sells his house. While he wanted to have the permit in hand to improve the salability of the lot, he did not want to actually build the driveway until the sale was imminent. After the permit was approved in May 2008, Ballantine had asked the PB to delay filing it with the Town Clerk until September 2008 in order to delay the start of the one-year period in which all special permits are required to be exercised. After considering requesting a permit extension of one year (which is allowable), Ballantine has decided to build a portion of the new section of the driveway nearest his house so that buyers can visualize what it will look like. Planning Administrator Mansfield pointed out that this should satisfy the requirement of the "exercise" of the permit.
Mansfield also explained that Ballantine had recently discovered that he never recorded the permit at the Registry of Deeds, and had never asked the PB to sign the mylars of the plan for recording. Since the recording was supposed to have taken place within 60 days after the appeal period expired (by 11/30/08), Ballantine is asking the PB to both endorse the plans and to extend the time for recording them by 10 months (to 9/30/09).
Chair Freedman moved to extend the time to record the Decision on the 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), from the original date to 9/30/09. Gonzales seconded the motion and it was approved 4-0. The PB members then signed the mylars and hard copies of the plans for recording. (Nathan arrived at this point, providing the fifth signature for recording.)
Minutes
The PB reviewed the draft Minutes of the August 3, 2009 meeting, and a few revisions were suggested. Nathan moved to approve the minutes as amended, Lamere seconded and the motion was approved 4-0-1 (Gonzales abstaining).
Budget
PB Treasurer Lamere reported on the meeting he, Chair Freedman and Planning Administrator Mansfield had with Town Treasurer Larry Barton and Town Accountant Priscilla Dumka recently to review final FY09 budget numbers, FY10 budget breakdown by category, and to discuss the potential need for additional funds in the "Office Supplies" line item of the FY10 PB budget to cover hearing advertising costs. This line item stands at $138 for the entire fiscal year, and will barely cover the cost of one set of public hearing advertisements. Lamere noted that the prior fiscal year's hearing advertising costs were about $440 and included advertising for the proposed Wind and Solar Bylaw for the Alternative Energy Committee. He further pointed out that all line items of the PB budget are very low and therefore there is no money
to move to cover advertising costs. Lamere and Mansfield pointed out in the meeting that the PB is required by State law to hold the public hearings for any and all Zoning Bylaw amendments put forward by other Board/Committees, and has regularly been paying for the cost of these hearings, but due to budget cuts no longer can do so. At the meeting, Treasurer Barton asked for a more detailed enumeration of the "Office Supplies" and "Dues and Meetings" line items from the PB budget in order to separate out public hearing advertising costs from other office supplies, and dues and subscriptions from meeting costs. Chair Freedman and Treasurer Lamere agreed to meet to review expenditures in these two budget line items. Chair Freedman asked Assistant Caywood to review and summarize the public hearing advertising costs for the last 5 years, noting the hearing subjects involved, and provide this information to him and Lamere.
Chair Freedman noted that Barton recommended asking the initiating department to cover advertising costs when a hearing is requested. Freedman suggested developing a formal PB policy for this. Planning Administrator Mansfield pointed out that a request for a public hearing for a proposed bylaw amendment can come from a citizen, with the PB legally obligated to hold the hearing. Chair Freedman asked Mansfield to request a legal opinion from Counsel as to how advertizing costs can be handled in this situation. He also asked whether the BOS can cover advertising costs for accessory apartment hearings. He asked Mansfield to draft a proposed policy on the PB's handling of public hearing costs when a request is made by another department.
Regarding other aspects of the PB budget, Lamere suggested petitioning the BOS to move MAGIC dues ($1338) out of the PB budget, a request that may need to be approved as part of the budget process next year. This is a fixed membership cost in a regional advisory group which encompasses more than planning matters. Chair Freedman suggested proposing this budget change to FinComm, recognizing that it would lower the PB's bottom line budget by that amount, as well as limiting the impact on other PB budget items should the PB face an across-the-board percentage budget decrease.
Also discussed at the meeting was the fact that, in addition to their operating budget, the other land use Boards have 53E ½ revolving accounts, which can be used for staff salaries and other expenses. These boards apply their application fees to the revolving account, and in that way can use their application fees to offset their expenses. State statute prohibits PB's from having this type of account. The PB utilizes 53G project review fee accounts, the funds of which are provided by the applicant to offset review costs, and any excess funds are returned with interest to the applicant at the end of the project. PB application fee income cannot be deposited into this account, is sent entirely to the Town's General Fund, and therefore is not available to the PB to offset its expenses. In other words, other
Boards' application fees remain with them, while the PB's do not.
To address the PB's need for ongoing Planning & Professional funds, Town Treasurer Barton had suggested a recurring warrant article at Town Meeting requesting the estimated needed amount for contracted planning initiatives for the upcoming year, or a portion of such an anticipated expense in each of 2-3 years in advance.
Chair Freedman suggested that if the PB needs to resort to using some salary funds to cover public hearing or other essential expenses, the PB may be able to arrange with FinComm for a reserve fund transfer to cover the rest of the salary line item. Treasurer Barton suggested providing an anticipated amount to FinComm well in advance of the need for such transfer.
Request for release of Lot 23 from the Restrictive Covenant for Hanover Hill Definitive Subdivision Plan (Request of Wilkins Hill Realty LLC)
Chair Freedman noted that this item would not be taken up this evening, as the applicant did not apply for the lot release. He asked Mansfield to remind Rob West, agent for the applicant, to please let the PB office know if an agenda request is no longer needed, so that it can be removed from the agenda, and if a total release of lots will be requested in the future, that West meet with Mansfield as early as possible in case Town Counsel is needed to review any documents.
Chair Freedman also noted that in the past, the PB had preferred a bond or cash account as collateral for lot releases to the use of unsold lots as collateral, although the latter practice seems to have become more the norm. He suggested that this approach be revisited.
Commonwealth Capital Application
Planning Administrator Mansfield reported that Elizabeth Barnett, Administrative Coordinator, had forwarded a memo asking for the land use staff to help prepare this application before 9/25, at the Town Administrator's request. In that memo, Barnett asked that the land use staff provide documentation of items in 19 categories that she believes are relevant for Carlisle. Mansfield noted that the State's guidance document for this application is 41 pages, and that Ms. Barnett had pointed out in discussion that this work would likely result in a very modest improvement in the Town's score, and that the Town does not currently apply for any of the funding programs, where the scores are used to prioritize.
Mansfield asked that the PB determine how much staff time should be spent on this work. Chair Freedman asked Mansfield to draft a response memo that right now, the PB staff does not have any time to spend on this endeavor, unless it can be shown more clearly why the effort would be worthwhile, in which case the PB can reconsider the request.
Open Meeting Law amendments
Prior to this meeting, the PB had received a newsletter from Deutsch Williams highlighting the recently voted changes to open meeting law, which will go into effect July 1, 2010. Chair Freedman asked all to review these changes before the next PB meeting on September 28th, and to note any questions they may have. He also asked Assistant Caywood to forward this information to Vice Chair Epstein, who could not attend this evening's meeting.
Bills
On discussion, the PB agreed that the membership to the Mass Association of Planning Directors (MAPD) should be continued, as it provides helpful information. Planning Administrator Mansfield and the PB agreed that the subscription to PlanWireless should be discontinued.
Associate Member positions
Chair Freedman asked Mansfield to send him a copy of the last "Letter to the Editor" sent to the Mosquito seeking Associate Members for the PB, as currently both Associate Member seats are open. He pointed out that getting involved with the PB as an Associate is a good way to learn the ropes and get involved without the requirement of election, while also providing potential backup voting members for special permit hearings.
Benfield Farms
Planning Administrator Mansfield had forwarded an email from Toby Kramer, affordable housing consultant to the Housing Authority, containing revised sketches of the Benfield Farms project. Mansfield noted that a Town Hall Advisory Group (THAG) meeting regarding this project is scheduled for September 15th.
Liaison Reports
Lamere reported on activities of the Trails Committee, noting that the trail on the Hanover Hill Subdivision property had been cut, and went very well. He added that the developer has offered to purchase supplies for the two bridges over wetlands, but that these will be purchased and installed next spring, when the wet season can be used to more accurately estimate the amount of supplies needed.
Informal conceptual presentation of proposal for Chapter 40B project of 11 units of attached housing at Lot 6, Maple Street (Red Fox Drive)(Map 36, Parcel 63) [Request of Yongdeng Chen]
This item was not discussed, as the applicant was not present at the meeting tonight.
Consideration of necessary amendments to Rules and Regulations for Personal Wireless Service Facilities consistent with Zoning Bylaw amendments to Sec 5.9 approved by Town Meeting.
Chair Freedman asked that all proposed revisions to this document be forwarded within the coming week.
Review of recommendations by Jon Witten. AICP, Esq., regarding the revision of the Carlisle Zoning Bylaws and various Boards' Rules and Regulations to establish a comprehensive set of regulations and/or a land use and development bylaw [Next steps]
Chair Freedman asked that by the next meeting (September 28th), draft versions of Attachments A, B and C to these Rules and Regulations be ready for adoption. Mansfield noted that the BOH has already formally adopted B and C, and that the ConsComm is taking it up at their next meeting.
At 9:05 pm, Nathan moved and Gonzales seconded the adjournment of the PB meeting. The motion was approved 5-0.
Respectfully Submitted,
Gretchen Caywood
Administrative Assistant
Carlisle Planning Board
| 
