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 22, 2010
Minutes 2/8/10
Bills
Budget
FY11 budget
Town Meeting warrant
CPTC annual conference
MAGIC in Carlisle - March 4
Technology issues update
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
Consideration of amendments to Rules and Regulations for Site Plan Review consistent with Zoning
Bylaw Sec. 7.6 (Request of Board of Selectmen)
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)
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 7:45 pm in the Clark Room of Town Hall. Members Michael Epstein, Marc Lamere, Tom Lane, Kent Gonzales, Carol Nathan and Planning Administrator George Mansfield were present. Member Nathan Brown arrived at 7:55 pm.
Gretchen Caywood, Administrative Assistant to the Planning Board, Alan Carpenito (South Street), and Bob Zielinski (Carlisle Mosquito) were also in attendance.
FY11 Budget
Chair Freedman reported that he, Treasurer Lamere and Planning Administrator Mansfield had just met with FinComm and with Town Treasurer Barton and Town Administrator Goddard for the PB's FY11 budget hearing. Lamere had presented the PB's proposed budget for FY 11, from which MAGIC had been removed as a line item, and will likely be included in the Town Administrator's budget. FinComm agreed that the PB is running as lean as it can, and also indicated its willingness to consider the proposed warrant article for a modest appropriation of Planning and Professional funds for the PB. At the budget hearing, Chair Freedman made it clear to the FinComm that the PB would be unable to sustain a no-growth budget due to anticipated salary step increases for both PB personnel during the next fiscal year. Freedman indicated a
willingness to work with FinComm to look into the possibility of cost savings and efficiency improvements across departments.
Continued Public Hearing for proposed amendments to the Rules & Regulations Governing the Subdivision of Land, last revised 6/10/02
Chair Freedman reopened this public hearing and reported that he and Planning Administrator Mansfield had spoken with Sue Carter (Places Associates) and discussed her suggested revisions, a copy of which was provided to the PB before this meeting. Conservation Administrator Willard had also forwarded the proposed Regulations to the Land Stewardship Committee, and the PB has received comments from Committee Vice Chair Dwight DeMay.
Planning Administrator Mansfield reported that Rob West, agent for the Hanover Hill developer Wilkins Hill Realty, LLC, had inquired as to whether the proposed changes to the Subdivision Regulations would affect the Hanover Hill development in any way. Mansfield had explained to West that only changes in the ANR section of the Regulations might pertain, and that otherwise the Subdivision Regulations that were in effect at the time of filing of the application would apply. (West also informed Mansfield that the developers have taken steps to combine some of the lots in the subdivision in order to get a lower assessment. This approach has been done in the past by developers, but not without the applicant submitting a plan stamped by a land surveyor to the PB. Mansfield explained to the PB that the Assessor is looking
into this matter in more detail, but has already combined the lots in her records, and that he and Assessor Stamp agreed to confer on future occasions when such requests are made by a developer.)
Mansfield noted that West had questioned by email whether the hearing for these Regulations was posted and advertized, and when the changes would be "made public". Mansfield responded by email, explained the legal process, and noted that all requirements had been fulfilled. He noted that the hearing opened on January 25, after being advertized in the Mosquito as legally required on January 8 and January 15th, and that all potentially interested Town boards, committees and staff had received a copy of the proposed regulations on January 8th. On January 25th, only Building Commissioner John Luther attended the public hearing. At the continuation of the hearing on February 8th and on February 22nd, no one from the public was in attendance, and therefore no public comments were received. He added
that Bob Zielinski gave a full report of the 1/25 hearing in the 1/29/10 Mosquito and a brief follow-up in the 2/12/10 edition.
When West responded by email asking if any PB personnel had a spouse working on the paper, and stating that he could not find any detailed articles in the Mosquito, Mansfield replied by email further explaining that all PB meeting minutes up through 1/25/10 (start of the hearing) are on the Town website and that at the 2/22 meeting, the PB minutes of 2/8/10 will be approved and can then be posted. Mansfield reminded West that the hearing is continued tonight at 7:45 pm, however neither West nor anyone associated with the Hanover Hill project was in attendance this evening. Epstein pointed out that the Subdivision Regulations have been a PB Agenda item, published in the paper, long before the hearing began.
The PB then reviewed the proposed Regulation revisions submitted by Sue Carter and Dwight DeMay, and considered which revisions would be appropriate for action in this revision of the Regulations as described in the public hearing advertisement and in the memo requesting review of the Regulations by other Boards and Committees. Some members suggested that revisions beyond this scope should wait for a next review and hearing at a later date. Chair Freedman asked Mansfield to request Town Counsel opinion on the scope of revisions that can be considered at this time, based on the public hearing as advertized.
Comments and revisions received from DeMay were agreed to mainly be beyond the scope of the present hearing, and will be held for a next round of revisions to the Regulations in a subsequent separate hearing. The PB reviewed comments and revisions received from Carter, and found that most of these were also beyond the scope of revisions being considered at this time. The PB mainly considered the revisions suggested within Attachments A - D. They agreed to change the term "common driveway" to "roadway" in one location in Attachment A. The PB reviewed Carter's proposed changes to the section of the Regulations pertaining to footpaths, and considered whether these revisions, including the "in lieu of" cost/lf revision suggested by the PB, should wait until the next phase of Subdivision Regulations
review. The PB postponed a decision on this until the next meeting date, pending feedback from Town Counsel. Mansfield pointed out that the revisions to this section arose from the response received from the Pedestrian/Bike Safety Advisory Committee to the PB's request for input on the Regulations, and Lamere added that the input was discussed during the open public hearing.
Epstein moved and C. Nathan seconded the continuation of this public hearing to 7:45 pm on March 8, 2010. The motion was approved 7-0.
Town Meeting Warrant
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 reported that the BOS has asked the PB to speak with them at its March 9th meeting regarding any warrant articles the PB is considering putting forward and/or for which the PB would be required to hold a public hearing prior to Town Meeting. Currently, there is the potential to include 3 articles: FEMA WFHD zoning map changes, Site Plan Review Bylaw changes, and Planning and Professional funds for PB use. He noted that the immediate need for and scope of the WFHD article should be discussed between the Town Administrator and Counsel before the next meeting. Chair Freedman also asked Mansfield to forward a memo to the Conservation Administrator requesting she discuss the potential WFHD article at their next meeting. Mansfield noted that the FIRM maps have been received electronically, but that they are
difficult to read. Lamere requested an electronic copy of the maps.
Consideration of amendments to Rules and Regulations for Site Plan Review consistent with Zoning Bylaw Sec. 7.6 (Request of Board of Selectmen)
Chair Freedman reminded the PB that last summer, at the request of the BOS, he and Epstein had prepared some suggested revisions to this Bylaw (reviewed at that time with the PB), the purpose of which was to take some specifics out of the Bylaw and incorporate them into the Regulations in order to allow more flexibility when reviewing an application and to clarify process. Chair Freedman also reported that Selectmen Hult and Williams were amenable to a revision of the Regulations clarifying that the Planning Administrator is the key focal point for organizing the Site Plan Review with all parties, and that the BOS would like to address the Regulation revisions at this Town Meeting. Epstein clarified for the Mosquito reporter that what would be moved to the Regulations are some items from the application submission requirements.
Freedman reported that subsequently in November, he and Epstein had met with Selectmen Hult and Williams and had proposed additional changes in response to their input (changes not yet reviewed with the full PB), including the incorporation of the Construction Management Plan as an attachment, with the understanding that the Planning Administrator would work with the applicant to determine what components of the CMP are needed for the project, with the BOS ultimately having final say. The advantage of including the CMP in these Regulations is that it will address protection of the community as the site gets built, whereas the existing Bylaw and regulations merely address the impact of the project once it is complete. Chair Freedman pointed out that the PB must hold the public hearing on this Bylaw as well as on the WFHD Bylaw if
the BOS agrees to move forward on these for this Town Meeting, and that funding for the required advertizing will be needed, as the PB does not have the funds. The public hearing ads must be submitted to the Mosquito by March 23rd for publication in the subsequent two editions. Mansfield suggested that since Site Plan Review pertains to non-residential properties, the BOS may want to publicize the hearing beyond the Mosquito as well, for example, by sending the hearing notice to businesses in Town who might be affected by the Bylaw: Ferns, Assurance Technology, Carlisle Auto Body, etc.
Liaison Reports
Chair Freedman and Lane continue to participate in Housing Production Plan meetings, and Freedman said that updated data is being gathered for the Plan.
Minutes
The PB reviewed the draft Minutes of the February 8, 2010 meeting, and several amendments and corrections were suggested. Lane moved to approve the Minutes as drafted, with the understanding that Assistant Caywood will confirm that references to sections in the Wireless Bylaw and Regulations are correct, C. Nathan seconded and the motion was approved 6-0-1 (Gonzales abstaining).
CPTC Annual Conference
After discussion, Lamere moved and Gonzales seconded that the PB support the attendance of both Planning Administrator Mansfield and Assistant Caywood at the upcoming conference in Worcester on Saturday, March 20th. The motion to expend up to $100 to cover registration fees was approved 6-0-1 (Chair Freedman abstaining). Chair Freedman asked that Mansfield and Caywood coordinate which presentations they would each attend and to report back to the board at the next meeting.
Technology Issues Update
Mansfield reported that he continues to have problems with his computer operating very slowly at mid-day. It is posing problems for his work. N. Brown noted that daily antivirus updates should be occurring for the computers. Chair Freedman asked Mansfield and Caywood to document all computer problems and to develop a memo on the issue, and asked Mansfield to bring up this subject with the Town Administrator at a future Department Heads meeting. He asked Mansfield to highlight that the Network Administrator's schedule must be coordinated in advance with the Town Hall staff when he is planning to be on site to address their computer issues, and to stress that the current "drop-in" approach does not work.
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 reported on meetings between PB representatives, the Conservation Administrator, the Fire Chief, Administrative Coordinator, representatives from NOAH and from Meridian Associates (engineering firm for NOAH) to discuss pending site plan issues, including the Fire Chief's concerns with roadway widths and fire protection equipment access. Plans for the project were reviewed at a meeting with representatives of the PB, NOAH and their engineering firm, the Fire Department, plus the Administrative Coordinator. The Fire Chief took the new draft plans and input from the meeting for further review, and then met privately the following week with the Meridian engineer to review them. The results of their discussion were shared at a subsequent meeting attended by PB representatives, Toby Kramer (NOAH), Building Commissioner
Luther, and the Administrative Coordinator, where the National Fire Protection Association (NFPA) Standards were discussed. The engineer for NOAH agreed to get clarification from the Fire Protection Engineer they have engaged on whether and which NFPA Standards were incorporated into State code. The Fire Chief was to seek information from NFPA about fire lanes at entrances to versus those within a development.
N. Brown asked when updated plans for this project will be available, and Chair Freedman explained that on March 10th (the next ZBA hearing on this project) it is expected that a new set of plans will be submitted along with a new waiver list. There is also a site walk tentatively planned for March 12th at 8 am.
Epstein reported to the Board about a letter, dated Feb 13, 2010, on Housing Authority letterhead from Alan Lehotsky, Chair of the Housing Authority, to the Board of Selectmen, of which he had received a copy, also copied to the Town Administrator. The subject of the letter is the proposed changes to the Administrative Coordinator position, recommended to the BOS by the Special Committee for Structural Financial Planning (SFP). The letter included an implication that since the Chair of the PB was a member of the SFP, this may have biased the committee in favor of this reduction and away from cuts in the PB budget. Chair Freedman reported to the Board that BOS Chair Hult had written an email response to Mr. Lehotsky in support of Mr. Freedman, thoroughly rebutting this allegation.
Vice Chair Epstein also brought the Board's attention to the following sentence included in the HA letter: "Furthermore, the Housing Administrative Coordinator has been a major influence on the forward progress of the Benfield Project despite a continued and coordinated series of efforts to delay and impede its design and permitting." Epstein indicated that this was a serious allegation, not to be taken lightly, that implicated all Town officials, volunteers, and staff and could be used against the Town in relation to the Town's standing with DHCD or in a potential appeal in court or before the HAC. Epstein expressed that in his opinion these statements and this attitude are likely impacting how NOAH representatives have dealt with the Town on this application, and are creating a sense that "asking questions is bad." Epstein added that he believed the allegation should be investigated by the Board of Selectmen. He noted that he himself had no reason to believe in the truth of the
allegation, but that if true, it should be dealt with, and if not true, then the BOS should condemn such a false allegation made in a formal public letter. Chair Freedman added that he had sent an email to BOS Chair Hult, with a copy to Selectman John Williams, stating his concern about this allegation, but had yet to receive a reply from either of them.
Town Caucus
The PB discussed the upcoming Caucus. Currently there is one opening on the Board for which there is no candidate. Lane offered to attend the meeting to assist with the nomination of the two members that wish to continue for another term with the PB (Freedman and Lamere).
At 10:30 pm, Lamere moved and N. Brown seconded the adjournment of the PB meeting. The motion was approved 7-0.
Respectfully Submitted,
Gretchen Caywood
Administrative Assistant
Carlisle Planning Board
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