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
February 8, 2010
Minutes 1/25/10
Bills
Budget; FY11 budget
Town Meeting warrant
Annual Town Report
CPTC annual conference
Open Meeting Law amendments
Associate Member Positions
Liaison Reports
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.]
Continued Public Hearing for proposed amendments to the Rules & Regulations Governing the Subdivision
of Land, last revised 6/10/02
Investigation of alternate or additional peer engineering review consultants and review of procedures
regarding selection of such firms: Informal meeting with Susan Carter Sullivan, Places
Associates, Inc.
MAPC request for proposals for technical assistance to help the Town achieve sustainable land use
objectives or to establish partnership(s) with one or more local municipality.
Consideration of amendments to Rules and Regulations for Site Plan Review consistent with Zoning
Bylaw Sec. 7.6 (Request of Board of Selectmen)
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)
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)
Notification of proposed modification of existing Personal Wireless Facility tower at 871 Bedford Road per
Sec. 5.9.9.3 of Carlisle Zoning Bylaws, to accommodate antennas previously approved on 8/3/09
(Request of Bell Atlantic Mobile of Massachusetts corp., d/b/a Verizon Wireless).
Chair David Freedman called the meeting to order at 7:32 pm in the Clark Room of Town Hall. Members Michael Epstein, Marc Lamere, Tom Lane, Nathan Brown and Planning Administrator George Mansfield were present. Member Kent Gonzales was absent. Member Carol Nathan arrived at 7:50 pm.
Gretchen Caywood, Administrative Assistant to the Planning Board, Sue Carter (Places Associates, Inc. of Littleton), Michael Giaimo (Robinson and Cole, LLP, Boston, MA), Jason Flanagan (Verizon, Westboro, MA), Eric Wainwright and Chuck Webberly (both of Structure Consulting Group, Arlington, MA), and Bob Zielinski (Carlisle Mosquito) were also in attendance.
Minutes
The PB reviewed the draft Minutes of the January 25, 2010 meeting. Lane moved to approve the Minutes as drafted, Lamere seconded and the motion was approved 5-0.
CPTC Annual Conference
Chair Freedman asked Planning Administrator Mansfield to review the schedule for this upcoming annual conference on Saturday, March 20, 2010, and determine which seminars would perhaps be most beneficial for him and Administrative Assistant Caywood, if one or both were to attend. This topic will be discussed at the February 22nd PB meeting.
Continued Public Hearing for proposed amendments to the Rules & Regulations Governing the Subdivision of Land, last revised 6/10/02
Chair Freedman reopened this continued hearing, and noted that no one from the public was in attendance. He then reviewed with the PB his proposed changes to the draft Subdivision Regulations. Regarding footpaths in subdivisions, Chair Freedman suggested that the Regs state that the PB may require a developer, only when the footpath is within the Town's right of way, to construct footpaths in compliance with the Town of Carlisle Standards Specification for Construction of Bituminous Concrete Sidewalks (dated 5/9/08), in order to allow the PB some flexibility in its requirements depending on the site. Concerning the "in lieu of" payment (in lieu of installation of all or some of the pathways in a subdivision), Assistant Caywood summarized the cost information gathered from several nearby towns, and after discussion,
the PB agreed upon $40/lf as an "in lieu of" payment. The PB reviewed roadway requirements, keeping the requirement of 6-inches loam depth at the shoulders, based on supporting feedback from Nitsch and comparative data from surrounding towns.
Chair Freedman noted that no input had yet been received from the BOH or ConsComm. He also suggested that the PB may want to get a quick review of these proposed Regulations by an independent source.
C. Nathan moved to continue this public hearing to Monday, February 22, 2010 at 7:45 pm, N. Brown seconded the motion and it was approved 6-0.
Liaison Reports
There were no liaison reports at this time.
Annual Town Report
The PB reviewed the draft Report prepared by Planning Administrator Mansfield, and a few revisions were suggested. Vice Chair Epstein also agreed to provide his suggested changes in writing to Chair Freedman, and Mansfield will finalize and submit the Report.
Investigation of alternate or additional peer engineering review consultants and review of procedures regarding selection of such firms: Informal meeting with Susan Carter Sullivan, Places Associates, Inc.
Chair Freedman explained that he had heard Ms. Carter's presentation at a resent ZBA meeting in terms of the selection process for a review engineer for the Benfield Farms project. While the ZBA chose to utilize Nitsch Engineering for that purpose, Chair Freedman noted that he, Mansfield, and Gonzales had been quite impressed with Ms. Carter's background and presentation, and explained that she has been asked to present her qualifications to the PB this evening, so that Places Associates can be considered for utilization for peer review engineering services.
Carter is President of Places Associates, Inc. and has also served as Engineering Consultant for the Town of Stow, MA, since 1995, as well as conducting regular engineering work for the Town of Boxboro, MA. She has also been a PB member in Chelmsford since 1997. Carter noted that she regularly conducts technical review of subdivision applications for these towns. When asked about the nature of her formal arrangements with these towns, Carter explained that her firm is considered a municipal employee of Stow for Conflict of Interest law purposes, but is retained on a consulting basis. She explained that she cannot take commercial work in Stow or Boxboro because of her engineering review roles, but has worked for developers proposing construction in other towns.
Concerning the 2009 formation of Places Associates, Carter noted that it was formed out of Places Site Consulting (PSC), which has been in business from 2005, and at which she was Senior Engineer. Prior to this, Carter was a Principal and founding member of David E. Ross Associates. Carter explained that Places and PSC share a principal partner, and back each other up on projects. For example, if the PB were to decide to utilize Places, they would have access to the wind turbine study expertise at PSC. When Chair Freedman inquired about possible conflict of interest concerns, Carter explained that she would be freely able to review plans from D.E. Ross, as the timeframe for any such conflict has expired.
Carter described her experiences on specific projects in Stow, including her engineering and design review of an Active Adult Neighborhood Project, and about her experience with Low Impact Design techniques. She also has assisted Boxboro and Stow in the revision of various bylaws and regulations, and focuses on aligning the regulations with how the work would need to be done in the "real world", and on the use of new materials.
Vice Chair Epstein asked Carter about her level of review of a site design, and she explained that she readily makes recommendations particular to the site if the proposed layout is not as good as it could be, and has worked with projects varying widely in scope. She expressed interest in getting involved at the conceptual plan stage of a project.
Lamere confirmed that Carter is available to attend PB meetings on an as-needed basis. When he asked how she has handled regulations review work, Carter explained that often a town requires a proposal for such reviews.
In conclusion, Carter suggested that if the PB is interested in retaining her firm's services for specific projects, overall it would be most cost effective, since review by senior staff saves considerable time. Chair Freedman, Planning Administrator Mansfield and the PB thanked Carter for her presentation.
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 Freedman pointed out that the PB is trying to determine what must be decided upon before Town Meeting, and added that ConsComm will be reviewing this information at their February 25th meeting. Freedman added that, as he understands it, the main reason for updating this Bylaw is to maintain the flood insurance of some residents whose properties may be in the vicinity of the FIRM map changes. Freedman asked Mansfield to speak with the Town Administrator and ask him to speak with Counsel directly to discuss this situation, noting that Counsel can perhaps interact directly with the State coordinator and determine what is needed at this time: whether this Bylaw change should go before Town Meeting this year, or whether it needs to be done at all or can be postponed. Mansfield added that Counsel may know best
how to integrate the flood map changes with the Bylaw.
Chair Freedman asked Planning Administrator Mansfield to determine when the Bylaw hearing would need to be held if the changes must be made at this year's Town Meeting, and to send a memo to the Town Administrator and ConsComm with this information. He also asked Mansfield to encourage the Conservation Administrator to speak directly with the State coordinator on this matter. Chair Freedman confirmed with Mansfield that last time the FEMA maps were revised in 1988, the Bylaw had been revised to reflect those changes, but the Town's zoning district maps themselves were not actually revised.
Notification of proposed modification of existing Personal Wireless Facility tower at 871 Bedford Road per Sec. 5.9.9.3 of Carlisle Zoning Bylaws, to accommodate antennas previously approved on 8/3/09 (Request of Bell Atlantic Mobile of Massachusetts corp., d/b/a Verizon Wireless).
Planning Administrator Mansfield explained that last September the PB had issued this carrier a special permit to co-locate on the 189-ft monopole at 871 Bedford Road at a height of 146 feet, and that they are seeking a modification to their approved plans. He added that it is the PB's choice, provided by the Bylaw and the Regulations, to informally permit this modification through this meeting, or to determine that the modification "would substantially change its appearance or visibility, or change its performance under the Bylaw and/or terms of the Special Permit" (Section 5.9.9.3 of the Carlisle Zoning Bylaws). Prior to this meeting, Verizon had provided a letter describing their proposal as well as photo simulations of the proposed change. Mansfield explained that the Building Commissioner has confirmed that
all the required equipment, except the antennas themselves, has been installed at the site, and inspected. The proposed modification would essentially increase the diameter of the outside "skin" of the monopole by 6 inches over a 10-ft vertical segment of the tower at an elevation of 146 ft. The applicant has stated that the modification is necessary as the proposed and approved antennas will not fit inside the existing monopole because of the amount of cabling that is present serving the carriers above this level.
With the exception of the Anderegg residence, the closest regularly utilized site to the monopole is the Foss Farm Community Gardens. The Conservation Administrator has met with the gardeners and provided them with those photo simulations provided by the applicant that are most similar to the view they would see from Foss Farm. They had no issues with the proposal.
Attorney Michael Giaimo (Robinson & Cole. LLP) presented the proposed modification. He reiterated Mansfield's explanation that the amount of cabling running to sites higher on the monopole does not allow sufficient space for installation of their antennas within the diameter of the existing monopole. They propose placement of a shroud that is 3-inches wider all around, increasing the existing 30-inch diameter by 6 inches. Eric Wainwright (Structure Consulting Group) explained that the bumpout shroud will be weatherproofed on the top and on the bottom of the 10-ft high bumpout using flashing, and that the shroud and flashing are available as standard installation items.
Chair Freedman confirmed that all possible facility locations on the monopole are occupied, and asked about the one below Verizon. Giaimo explained that the lower site is for MetroPCS, and is already installed within the existing diameter, but that since that company utilizes a smaller spectrum of frequencies, they did not need a bumpout as they can use smaller antennas. Jason Flanagan, a radiofrequency engineer from Verizon, explained that his Company utilizes much lower frequencies than MetroPCS, and this requires larger antennas. Lamere confirmed from Giaimo that Verizon has no other options for antenna sites that would avoid this modification.
Chair Freedman confirmed from the applicant that Verizon has obtained signed consent forms from the monopole owner with respect to this modification. Giaimo provided a copy of the signed document between SBA Towers and Gretchen Anderegg. Chuck Webberly (Structure Consulting Group) explained that Bay Communications had sold the monopole to SBA in late December 2009.
Chair Freedman asked if it is possible that future technological improvements would enable smaller antennas to be used, allowing antennas to fit within the original monopole shroud diameter, Flanagan explained that this is not likely, as the relationship between antenna size and transmission frequency is related by laws of physics.
Upon review of the relevant sections of the Bylaw and the Rules& Regulations, Chair Freedman stated that he believed the PB did not need to require a special permit modification for this change, as it appears to be relatively insignificant at this location in town, and noted that if the facility was immediately on a public roadway, the PB might then have wanted an opportunity to discuss such a change in a public hearing forum to provide more notice to abutters. The board concurred.
Chair Freedman moved that, finding that the proposed change to the shroud at the 146-ft level of the concealed antenna monopole wireless facility at 871 Bedford Road, as shown on the drawing(s) presented in the information provided by Attorney Michael Giaimo of Robinson & Cole on behalf of Verizon Wireless prepared by Structure Consulting Group titled "Photo Simulations, Verizon Wireless, 871 Bedford Rd in Carlisle, MA" and dated 1/29/10 is relatively insignificant because it is not easily visible from any public way or surrounding residential property, and because photo simulations have been seen by the Foss Farm Community Gardeners who routinely use nearby land, and who had no issue with the appearance of the monopole with the shroud change, pursuant to Section 5.9.9.3 of the Bylaw [and/or] Sections VIIIB, XB, and XII of the
Wireless Rules & Regulations, the PB elects to formally approve the proposed modification without requiring an amendment to the Special Permit. Vice Chair Epstein amended the motion by adding the following: "subject to the material and color of the replacement shroud matching the existing monopole." Lamere seconded the motion and it was approved 6-0.
Chair Freedman asked Planning Administrator Mansfield to prepare a letter for Verizon stating the above motion and its approval. The PB asked Webberly to act on his offer to obtain a copy of the Certificate of Insurance from the new monopole owners, and to submit it to the Building Commissioner.
MAPC request for proposals for technical assistance to help the Town achieve sustainable land use objectives or to establish partnership(s) with one or more local municipality.
Receiving no suggestions from the Board or Mansfield for initiatives, Chair Freedman stated that the PB will not submit a proposal for this program at this time.
Continued Public Hearing for proposed amendments to the Rules & Regulations Governing the Subdivision of Land, last revised 6/10/02
Without reopening the public hearing, Chair Freedman suggested that Sue Carter (Places Associates) be asked to review the proposed revised Subdivision Regulations both generally, particularly to assure that the various technical points are current, and specifically concerning Attachment A to assure that the LID references there are both internally consistent as well as consistent with the State's changes to its stormwater regulations. He also suggested that she review the specifics concerning sidewalk construction, particularly with respect to the cost/lf for the "in lieu of" payment, the 6" vs. 9" gravel base, the 2.5 vs. 3" wearing course, and also the Construction Management Plan overall. Freedman asked Mansfield to contact Carter tomorrow in this regard to ask if she would be available to review this
promptly, and suggested that the review work might take about 3 hours of her time. Freedman asked Mansfield to confirm with the Town Treasurer regarding use of encumbered for this work-whether Places could submit an invoice to the PB and the PB could just submit for payment out of the encumbered funds. On discussion, the PB approved an expenditure of these funds NTE 5 hours for Sue Carter's review of the PB's proposed revised Subdivision Regulations. The Board also granted the Chair the authority for further expenditures, within the $1220 encumbered amount, should he deem it advisable to have Places do some follow-up consulting on this matter prior to the next Board meeting.
Consideration of amendments to Rules and Regulations for Site Plan Review consistent with Zoning Bylaw Sec. 7.6 (Request of Board of Selectmen)/ Town Meeting warrant
Chair Freedman reminded the PB that the final Town Meeting Warrant is due by March 15th. Epstein asked if the BOS has expressed any interest in holding a place for a warrant article for revisions to their Site Plan Review Bylaw, and Mansfield explained that to his knowledge, confirmed with TA Goddard, they had not. Freedman offered to email Selectman Hult regarding this matter.
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)
Chair Freedman reported that he, Epstein and Mansfield spoke with Town Counsel last week, He explained that currently, with the Attorney General's review amendments, the Wireless Bylaw does not address concealed antenna monopoles (CAMs), but the Wireless Rules and Regulations do.
The PB discussed the option of leaving the Bylaw as amended by the AG at this time (i.e. with CAM options removed from the priority ranking list), and the option of amending the Bylaw at the upcoming Town Meeting to reinstate CAMs in the priority list without distinguishing between a preference for them on Town-owned or private land (the section not allowed by the AG's office). The PB also reviewed the Westford Wireless Bylaw that had similar language regarding priorities disallowed by the AG's office; Westford had deleted the language in the body of the Bylaw, but had added a footnote with the disallowed language. On discussion, the PB agreed to wait until the 2011 Town Meeting to address this revision, noting that in that interim, Counsel will likely be able to speak with the assistant AG who reviewed the Bylaw on her return to the
office, possibly resolving the matter without Town Meeting action.
At 10:02 pm, C. Nathan 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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