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
January 11, 2010
Minutes 12/14/09
Bills
Budget; FY11 budget
Town Meeting warrant
Annual Town Report
Associate Member Positions
Liaison Reports
Energy Task Force liaison appointment
Review of recommendations 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 [Amendments to Subdivision, conservation Cluster, Common Driveway & SROSC regs.]
Request for review of application for Comprehensive Permit for Benfield Farms, 273 South Street (Map 5, Lots 7-1 thru 7-4) with Zoning Board of Appeals (10/24/09 - Neighborhood of Affordable Housing [NOAH], applicant) (Request of Board of Appeals - 11/5/09)
Investigation of alternate or additional peer engineering review consultants and review of procedures regarding selection of such firms
Attorney General's Office review, with amendments and recommendations, of Warrant Article 34, 5/4/09 ATM approval of amended Sec. 5.9 of Zoning Bylaws, Personal Wireless Communications Facilities (11/18/09)
Review of revised draft of Affordable Accessory Apartment proposed deed restriction (Request of Housing Authority)
Request for review of 2005 Open Space & Recreation Plan initiatives to submit request for 2-year extension to 2012 (Request of Conservation Commission).
Consideration of proposed amendments to zoning map of Wetlands/Flood Hazard overlay district boundaries to conform with revised FIRM maps effective 6/4/10 (Request of Town Administrator)
Chair David Freedman called the meeting to order at 7:32 pm in the Clark Room of Town Hall. Members Michael Epstein, Marc Lamere, Kent Gonzales, Tom Lane, Nathan Brown and Planning Administrator George Mansfield were present. Member Carol Nathan was absent.
Gretchen Caywood, Administrative Assistant to the Planning Board, Alan Carpenito (South Street), and Bob Zielinski (Carlisle Mosquito) were also in attendance.
Minutes
The PB reviewed the draft Minutes of the December 14, 2009 meeting, and a few revisions were suggested. N. Brown moved to approve the Minutes as amended, Lamere seconded and the motion was approved 6-0.
FY11 Budget
Referring to the FinComm memo detailing FY2011 levy limit guideline budgets for departments, Chair Freedman explained that this year FinComm is asking each Department to identify key metrics by which it measures departmental activity (such as engineering review fee income, number of applications, and others). Each Department has been asked to identify metrics this year, and will be asked to measure 3 year trends in preparation for the FY12 budget. This information is to be supplied to FinComm and will be discussed at the PB's budget hearing at 7:15 pm on February 22, 2010. Chair Freedman asked Planning Administrator Mansfield to develop quantitative metrics to support the PB's work, noting that some items such as "regulation revisions activities with other departments" may be difficult to quantify.
Chair Freedman asked Mansfield to confirm that Town Administrator Goddard is in agreement with the concept of moving the MAGIC dues line item, with its funds, into the Town Administrator's budget. Since these funds can only be used for MAGIC dues, the PB's goal is to eliminate them from the PB budget, so they cannot be factored into percentage budget cuts as if they were PB funds that could be transferred for other purposes. Regarding the use of a warrant article for PB funding of engineering and other professional services, Mansfield was asked to confirm that Town Treasurer Barton is including such a warrant article in his proposal to FinComm.
Regarding the possible 10% budget cut, Chair Freedman explained that one of FinComm's goals in suggesting this possibility was to see if this would bring forward ideas on how to share staff and resources to reduce the current budget. Freedman asked Mansfield to consider if there is any way resource sharing can save PB funds and/or improve efficiency and service to the public.
Annual Town Report
Planning Administrator Mansfield reported that the PB's Annual Report is due February 5th. Chair Freedman asked Mansfield to update the list of permitted projects in the Report to include only those in process, and to consider what other modifications may be necessary to the Report section, including any metrics, per the earlier discussion regarding FinComm.
Associate Member Positions
Chair Freedman reported that while the Associate Member positions have been advertized, they are still available. He noted that the membership terms for Lamere and C. Nathan are complete this year, and he confirmed from Lamere that he is interested in continuing as a PB member. Freedman asked Mansfield to check with C. Nathan (not in attendance this evening) regarding her interest in continuing as a PB member. Mansfield noted that as Freedman was appointed to fill Ken Hoffman's seat, his term is also up this year.
Liaison Reports
Chair Freedman reported on the work of the Housing Production Plan Committee (HPPC), on modifying the current 5-year old Plan. Lane is working on this Committee as well. The Committee has discussed a possible extension of Village Court senior housing, and has also discussed the possibility of handicapped housing. Chair Freedman pointed out that housing planning is significantly driven by census data, and the last census was in 2000. Therefore the data being used is quite dated, but the 2010 census data will not be available before the Plan must be filed.
N. Brown reported on the Highland Building Stabilization Committee, of which he is a member. The Committee has published a RFQ for architectural firms to identify necessary stabilization work and to manage the construction company, and also to provide a conceptual design for a fully restored Highland Building. The Committee received 18 responses to the RFQ and has narrowed these to 4 with one or 2 alternates. These candidates are being interviewed, with the goal of completing interviewing later this week. The budget allocated for the stabilization is $445,000, and the goal is to have the stabilization work complete by end of June.
Gonzales reported on the Community Preservation Committee (CPC), noting that only one project, the restoration of the Cranberry Bog House, has been brought forward for consideration of this funding. He added that it still needs to be determined whether CPC funding can be used for this work. Lamere added that the Trails Committee may be coming to the CPC to request funds for a project.
Lamere reported on recent Historic Commission (CHC) activities. The School Building Committee had come before the CHC regarding the possible use of some land at the edge of the Historic District. The Historic district goes through the school land near the buildings, and the Committee expressed interest in changing the Church Street entrance to the school and allow a roadway to go up to the plaza area. Lamere explained that the School Building Committee also expressed interest in removing many of the trees in the northwest corner of Church Street to open up the area as a children's' playground, but to first use this area for construction staging. Lamere reported that the CHC did not approve using the area for construction staging, noting that in some cases prior long-completed projects around town still have
construction materials on the property.
Lamere also reported on activities of the Trails Committee noting that members of the Committee met with Rob West, agent for the Hanover Hill applicant, to locate the boardwalks at the site. The applicant is standing by its offer to pay for construction materials for the boardwalks, and offered some quality surplus material from another project for the boardwalk guardrails. Lamere asked the PB if there are guardrail specifications in the current Subdivision Regulations, confirming that there are none. Mansfield and Gonzales recalled that the PB had specified to West that no metal is to be used for any guardrails. Chair Freedman suggested comparing the detail sheets submitted in the plans for Hanover Hill and for Greystone Crossing to see if they are similar. He asked that a copy of details and other relevant
information on the plans be provided to the PB for the next meeting. Lamere also reported that West had explained that large trucks can't maneuver the turn from Hanover Road onto Johnson Road, and he is considering a sign installation: "no trucks beyond this point". Freedman confirmed that standard corner radii were in the approved plans throughout this Subdivision, but that the As-Built had not been filed yet to confirm that all had been built to spec.
Energy Task Force liaison appointment
Chair Freedman explained that he has suggested that the PB have a liaison to this Task Force, since zoning requirements for Green Communities appear to be relevant to this committee's activities. Gonzales volunteered for this position. N. Brown moved and Lamere seconded that the PB appoint Kent Gonzales as PB liaison to the Energy Task Force. The motion was approved 5-0-1 (Gonzales abstaining). Mansfield will provide this information to the Task Force, and obtain meeting date information for Gonzales.
Chair Freedman recalled that last year Planning Administrator Mansfield had attended a seminar on Green Communities, and that the information discussed indicated that although Carlisle is an environmentally conscious community, it would likely not be able to meet all the requirements for Green Community designation. Gonzales explained that among other requirements, the Town would need to have a designated area zoned for as-of-right siting for a renewable or alternative energy facility, a renewable or alternative research and development facility, or a renewable or alternative manufacturing facility. Chair Freedman added that Carlisle could be required to designate an area where a minimum of a 50,000 square foot facility could be located. Also, an as-of-right wind energy facility, to comply with the Green Communities
requirements, would need to generate at least 600 KWatts (likely requiring a 450-ft wind turbine), and a compliant as-of-right solar facility would need to generate at least 250 KWatts (likely requiring one acre of land). Chair Freedman said that these points would presumably need to be addressed before Carlisle could be considered as a Green Community, and that while adopting the Stretch Code would be one step, the above requirements may be major roadblocks for the Town to achieve Green Community status, and that he believes it is premature for proponents of the Town adoption of the Stretch Code to present $100,000 and up in potential subsidies for the Town for adopting the code.
Review of recommendations 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 [Amendments to Subdivision, conservation Cluster, Common Driveway & SROSC regs.]
Chair Freedman reported that the public hearing on the proposed revisions to these regulations has been advertized, and will open on Monday, January 25, 2010 at 7:45 pm. Planning Administrator Mansfield reported that Deb Belanger, Chair of the Pedestrian/Bike Safety Advisory Committee, had forwarded comments on the draft regulations, but that to-date no other boards/committees have forwarded comments in response to his memo about these revisions.
Belanger requested that the PB consider adopting footpath construction standards consistent with those in the Town's standard specifications (without rustic surface treatment used on the recently-installed pathways), and that the $15/lf contribution noted in the regulations be replaced with a prevailing rate or indexed value. Mansfield will obtain a copy of the Town's standard specifications for footpaths, and will check with Belanger on the source of the $15/lf figure. Chair Freedman also asked that he compare the pathway specs shown in the proposed Exhibit G to the Subdivision Regulations vs. the Town's standard to make sure they conform.
Request for review of application for Comprehensive Permit for Benfield Farms, 273 South Street (Map 5, Lots 7-1 thru 7-4) with Zoning Board of Appeals (10/24/09 - Neighborhood of Affordable Housing [NOAH], applicant) (Request of Board of Appeals - 11/5/09)
Chair Freedman referred to the Minutes of the 12/15/09 ZBA meeting where it is stated that according to the Building Commissioner and the Assistant Fire Chief, the National Fire Protection Agency (NFPA) codes are a State standard and that compliance is required. Freedman noted that some portions of the NFPA standards are incorporated by reference in State Building and Fire codes, but that NFPA standards are by no means incorporated in their entirety, including the standards referenced by Chief Flannery in his Benfield memo. He also noted that he and PB staff have researched some neighboring town's fire regulations, and have found that, like Carlisle, the towns researched have not adopted and do not mention NFPA standards. After surveying roadway width requirements of other Town's subdivision regulations, it was noted that
many of the regulations surveyed allow road widths that would not comply with the NFPA standards referenced by Chief Flannery. Chair Freedman also noted that Toby Kramer (NOAH) and Elizabeth Barnett (Administrative Coordinator) have requested that the PB meet with the Fire Chief and the developer (NOAH) on this matter, and that the PB has indicated a desire to meet, and would be represented by himself along with Gonzales and Mansfield, but that to his knowledge no meeting has been scheduled.
Chair Freedman reported that the Administrative Coordinator, Conservation Administrator Willard, and ConsComm member Tom Brownrigg met with a representative from Natural Heritage recently regarding this proposed project, and that this discussion may be reported on at the ZBA meeting tomorrow night. He also noted that ConsComm's continued hearing on this subject is this Thursday night.
Attorney General's Office review, with amendments and recommendations, of Warrant Article 34, 5/4/09 ATM approval of amended Sec. 5.9 of Zoning Bylaws, Personal Wireless Communications Facilities (11/18/09)
The PB reviewed the draft Request to Counsel, prepared by Mansfield, asking for input on the required process to adopt revisions to the Wireless Bylaw. These revisions are based on comments received from the AG's office. The draft to Counsel has been prepared since the Town Clerk has not been able to get a response to this question from the AG's office. Chair Freedman instructed Mansfield to forward the Request to Counsel, via the Town Administrator, once revised per input from the Board. Mansfield confirmed to the PB that the cost of Counsel's review of the AG's comments is covered by retainer (according to the Town Administrator).
Investigation of alternate or additional peer engineering review consultants and review of procedures regarding selection of such firms
Chair Freedman explained that the PB has decided to postpone the process of interviewing additional peer review engineering firms to assist the PB in its review of applications until the ZBA has selected their peer reviewer for the Benfield Farms application.
Request for review of 2005 Open Space & Recreation Plan initiatives to submit request for 2-year extension to 2012 (Request of Conservation Commission).
Chair Freedman explained that in order to obtain this extension to the OS&R Plan, ConsComm has requested that each department consider any additional objectives for their department that would be considered in the extension period. Chair Freedman had drafted an additional PB initiative entitled "Review revised State policy and guidelines for Stormwater Management" to be added to the section of the Plan's listing of PB initiatives. The PB reviewed his written description of the initiative, and agreed that it should be submitted to ConsComm for inclusion in the extended OS&R Plan. No additional suggested objectives were submitted.
Epstein spoke in favor of the suggested initiative, but pointed out that to thoroughly address any changes to the State's stormwater guidelines, it may be necessary to obtain input from outside consultants. Chair Freedman suggested that in the process of speaking with peer review consulting firms, the PB could ask candidate firms to review the PB's regulations and provide an estimate of their cost to do a detailed review the regulations in light of changes at the State level and then to provide recommendations for revisions as necessary.
Epstein also pointed out the large number of specific technical references in the PB's Subdivision Regulations, noting that they were mostly incorporated in the late 1990's, and suggested that the PB consider whether they need updating. Planning Administrator Mansfield will speak with Nitsch Engineering to request a discussion on this matter.
Consideration of proposed amendments to zoning map of Wetlands/Flood Hazard overlay district boundaries to conform with revised FIRM maps effective 6/4/10 (Request of Town Administrator)
Mansfield reported on his meeting with Town Administrator Goddard and Conservation Administrator Willard in which he and Willard showed Goddard the Wetlands/Flood Hazard district (WFHD) maps. This meeting was in response to an email from Goddard in which he asked if the PB is planning to submit a warrant article this year to update the town's WFHD maps to be consistent with the revised federal Flood Insurance Rate Maps (FIRMs) which will become effective for communities in Middlesex County on 6/4/10. Goddard had been contacted by the Flood Hazard Mapping Coordinator from Mass DCR. Mansfield and Willard explained that some revisions of the boundary lines of the WFHD may be involved, but that they first need to see the FIRM maps from FEMA. Mansfield explained that while former Town Administrator McKenzie and former Building
Commissioner Koning had shown him drafts of the amended FIRM maps approximately 2 years ago, he has had no other contact or information from FEMA for many years. He noted that it had been difficult to see where the changes were on the draft amended maps. Town Administrator Goddard will contact both former employees about these maps.
Chair Freedman pointed out that the 1988 Town Meeting adopted changes to the WFHD in 1988 and voted to update the maps, but Mansfield pointed out that the changes were not made. Chair Freedman stressed the importance of updated maps for planning any new development and for any new building. It also impacts homeowners' insurance rates. While the PB is the special permit granting authority for activities in the WFHD, there have been no applications since 1989. Apparently in order to comply FEMA requirements for Flood Insurance, the new changes would need to be adopted at the upcoming Town Meeting.
Chair Freedman asked Mansfield to suggest that the TA get input from Town Counsel as to whether the actual revised maps must be in place by 6/4/10, or whether the Town must just vote to adopt the changes. He also asked Mansfield to inform the Town Administrator in writing that the PB is available to assist in any way, but that the PB believes it is a Town Administrator/BOS decision as to whether to place this topic on the Town Warrant.
Review of revised draft of Affordable Accessory Apartment proposed deed restriction (Request of Housing Authority)
Chair Freedman thanked Vice Chair Epstein for addressing this task promptly and thanked him as well as members N. Brown and Lane for reviewing and providing suggested revisions to this document. The PB reviewed the revised document along with a proposed memo to the Administrative Coordinator. The PB agreed upon revisions, and Mansfield will revise the documents and forward them to the Administrative Coordinator, the Housing Authority Chair, and all PB members.
Chair Freedman summarized the PB's view that this document is not yet complete, as there are issues to be resolved. Among them are how the Town will distribute the proposed subsidy to homeowners, whether the $15,000 subsidy per homeowner is sufficient, and how a foreclosure situation would be handled.
At 9:05 pm, N. Brown moved and Lamere seconded the adjournment of the PB meeting. The motion was approved 6-0.
Respectfully Submitted,
Gretchen Caywood
Administrative Assistant
Carlisle Planning Board
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