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
March 22, 2010
Minutes 3/8/10
Bills
Budget, FY 11 budget
Town Meeting warrant
State Ethics Law training
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.]
Request for review of application for Comprehensive Permit for Benfield Farms, (Map 5, Lots 7-1 thru 7-4)
with Zoning Board of Appeals (10/24/09 - Neighborhood of Affordable Housing [NOAH], applicant)
- revised plans submitted 3/10/10 (Request of Board of Appeals - 11/05/09)
Request for certification of satisfaction of Special Permit conditions #16 (Conservation Cluster) and #9
(Common Driveway) to complete Trillium Way in Greystone Crossing (Cross Street) to binder
course, so to allow building permits to issue for lots served by that way. (Request of Stamski &
McNary, Inc.)
Consideration of amendments to Zoning Bylaw Sec. 7.6 and Rules and Regulations for Site Plan Review
(Request of Board of Selectmen)
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)
Review of revised draft of Affordable Accessory Apartment proposed deed restriction (Request of
Housing Authority)
Consideration of second phase of proposed amendments to the Rules & Regulations governing the
Subdivision of Land, last revised 3/8/10.
Chair David Freedman called the meeting to order at 7:30 pm in the Clark Room of Town Hall. Members Michael Epstein, Marc Lamere, Tom Lane, Kent Gonzales, Carol Nathan, and Nathan Brown, and Planning Administrator George Mansfield were present.
Gretchen Caywood, Administrative Assistant to the Planning Board, Alan Carpenito (South Street), Jeffrey Johnson (Tophet Rd), and Bob Zielinski (Carlisle Mosquito) were also in attendance.
Minutes
The PB reviewed the draft Minutes from the PB meeting of 3/8/10, and a few revisions were suggested. C. Nathan moved to approve the Minutes as amended, Lamere seconded, and the motion was approved 6-0-1 (N. Brown abstaining).
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).
Consideration of amendments to Zoning Bylaw Sec. 7.6 and Rules and Regulations for Site Plan Review (Request of Board of Selectmen).
Chair Freedman explained that Town Counsel had reviewed the language of the Warrant Articles for the amendments to the Site Plan Review Bylaw and to the Wetland Flood Hazard District (WFHD) Bylaw, and that his revisions had been forwarded to the PB for final review before inclusion in the Town Warrant. The PB determined that the changes to these Bylaws will be described in the Warrant using the additions/deletions approach, thereby only indicating the areas that are proposed to change. The BOS will approve the final language of the Warrant at their meeting tomorrow (3/23/10). Chair Freedman, Lamere, Planning Administrator Mansfield and Conservation Administrator Willard had reviewed and revised the WFHD warrant article, and Counsel is in agreement with their proposed changes.
Chair Freedman asked for questions and comments from the PB. Lamere noted that he had reviewed the new FIRM (flood) maps and had also driven around during the recent heavy rains. He noticed that the flood areas indicated on the maps correlate well with the actual flood conditions.
The PB reviewed the draft public hearing notice that will advertize the public hearing for both of these Bylaw changes, the hearings to be held at the April 12th meeting. Mansfield will find out whether the Town Administrator or the BOS Chair will present the proposed changes to the WFHD Bylaw at the public hearing and at Town Meeting.
Chair Freedman, Vice Chair Epstein, and Lamere had presented the proposed changes to the Site Plan Review Bylaw to the BOS at their last meeting (3/9/10). The Selectmen had suggested a few revisions and voted to approve the proposed amendments to this Bylaw. Chair Freedman noted that he will present the proposed changes to the accompanying Site Plan Review Rules and Regulations at the BOS meeting tomorrow (3/23/10). Among the revisions, the requirement of a Construction Management Plan is proposed to be incorporated into these Regulations.
Chair Freedman, Epstein and Lamere also presented the draft language of the proposed PB Planning and Professional funds warrant article, and explained the need for this article. The Selectmen expressed support for the article.
Planning Administrator Mansfield noted that since there is one hearing (at 8:30 pm on 4/12/10) for the three proposed Bylaw amendments, there need only be one Report to Town Meeting (from the PB) that explains the various changes, and incorporates their recommendations.
Request for review of application for Comprehensive Permit for Benfield Farms, (Map 5, Lots 7-1 thru 7-4) with Zoning Board of Appeals (10/24/09 - Neighborhood of Affordable Housing [NOAH], applicant) - revised plans submitted 3/10/10 (Request of Board of Appeals - 11/05/09)
Chair Freedman explained that by this Friday (3/26/10) the trees that are the subject of the upcoming scenic road hearing (4/12/) associated with this application will be marked. The PB planned a sitewalk for Saturday, 3/27/10 at 9:30 am. Planning Administrator Mansfield and Chair Freedman will view the marked trees on Friday, in advance of the sitewalk. Chair Freedman noted that any consent to removal of trees should be contingent upon approval of the 40B project.
The PB reviewed a revised set of site plans and a revised waiver list which were submitted by the applicant on 3/10/10. Chair Freedman noted that the waiver list is much more complete, including justifications for the requests. He added that both ConsCom and the ZBA had hearings on the application, reviewing this revised information, at their meetings the prior week, and that ConsCom continued their hearing to April 1st.
From the revised plans, Chair Freedman noted that while all of Zone 1 and Zone 2 of the Public Water Supply well are shown as within the site property bounds, this may not be final. He explained that ConsCom is waiting for a riverfront resource area designation for the river to the south of the property, which will determine a 200-foot area from the river from which Zone 1 (of the well) may need to be excluded. However, Zone 2 could possibly be located within this zone and on abutting property such that the restrictions on the site could be reduced. ConsCom also awaits a determination as to whether the wetlands flag delineations are still accurate. Chair Freedman explained that the proposed septic field will be below existing grade at the edge of an open meadow area.
Chair Freedman explained that the Fire Department is seeking a 24-foot width for the paved driveway throughout the entire site, but the applicant proposed that both entries to the site be 22-feet wide with 1-foot hard shoulders on either side, while the driveway within the site would be 24 feet in width. The PB discussed that subdivision roadways are only required to be 20-ft wide and that this will therefore be among the widest driveways in Town. Gonzales pointed out that while generally it is best to strive to narrow the pavement width as much as possible, in this "increased density" development, the Fire Department may feel they need this extra width. There will be a guardrail on the edge of the driveway as it passes through the back of the site. There will be 2 cisterns on the site (20,000 and 60,000
gallon capacity). Some leveling of the site will be performed, with an approximate 4-feet of cut toward the northeastern side and 4-feet of fill to the southwest, for an approximate neutral net cut/fill. The applicant had also provided a detailed stormwater management report.
The PB reviewed the revised list of requested waivers from PB Subdivision Rules and Regulations. Chair Freedman explained that the PB engineer (at Nitsch Engineering) will evaluate this waiver list vs the PB's revised Subdivision Rules and Regulations and the Zoning Bylaws, but asked Planning Administrator Mansfield to also confirm that the waiver list accurately considers the revised Subdivision Regulations. Epstein noted that the applicant seeks a waiver from a requirement for lot bounds, and pointed out that lot markers may be helpful in this case if the field area is used for recreation. Epstein asked if an updated traffic study will be required of the applicant, and Chair Freedman explained that the one prepared for the original RFP submission on this project will be used. He confirmed that the PB's engineer will study
the sight lines for the project.
Epstein referred to the applicant's request for a waiver from the ZBA's Regulations concerning the height and setback requirements in which they stated that any reduction in the requested height of the building would render the project uneconomic (by reducing the number of possible units). Epstein pointed out that applicants for other projects had also utilized this argument, and in no case should the PB accept, on face value, the applicant's statement that a certain number of units is absolutely needed to render a project economic. Chair Freedman noted that in this case, the Town has asked the applicant to design for a specific number of units (26).
The PB discussed whether blasting would be required for the project, and Chair Freedman explained that testing at the site has shown that it will likely not be needed. Planning Administrator Mansfield said that while there are no specific earth removal and fill calculations yet, for the most part the cut on one side will apparently offset the fill on the other side of the site, for a low earth removal and fill need to/from off-site..
Concerning lighting of the site, Chair Freedman explained that any outside lighting on the site will be downward (full cutoff). The PB discussed the eastern edge of the site, noting that the distance from the edge of the parking lot to the abutting property line is about 50 feet. Epstein suggested that landscaping should be used to screen the abutting property (545 South Street) from view of the site parking area. Chair Freedman pointed out that the parking area will actually be considerably lower than the adjacent home due to the cut. The PB noted that there are currently no homes immediately across from either entrance of the site.
Epstein asked how the planned number of parking spaces was determined. Chair Freedman explained that in the case of this senior housing project, it was not based on the number of bedrooms, as the site cannot properly accommodate that number of spaces. He noted that standards for a Senior Residential Open Space Community (SROSC) are 2 spaces/unit. Mansfield noted that the Zoning Bylaws in general allow a reduction for senior housing. The PB noted that adding more parking spaces to the site would have an impact on stormwater runoff and reduce the area available for its management. Peer review of the stormwater calculations is essential.
The PB reviewed the draft public hearing notice for the South Street scenic road hearing, set for 7:45 pm on April 12th. The applicant is requesting consent for removal of approximately 4 trees within the right of way at the front of the site in order to create the two entrances to the site and assure sufficient sight distance. A portion of a stone wall would also need be removed (at the proposed entrances), with other portions of the wall being renovated.
State Ethics Law training
Planning Administrator Mansfield reminded the PB that the deadline for completing the mandatory on-line Ethics Law training (conflict of interest) is April 2, and that all Board and Committee members and Town Hall staff must complete the training course, and provide a completion certificate to the Town Clerk.
Open Meeting Law amendments
Mansfield reported that the Town Administrator will meet with all department heads on this subject before June.
Request for certification of satisfaction of Special Permit conditions #16 (Conservation Cluster) and #9 (Common Driveway) to complete Trillium Way in Greystone Crossing (Cross Street) to binder course, so to allow building permits to issue for lots served by that way. (Request of Stamski & McNary, Inc.)
The PB's engineer at LandTech had forwarded their partial as-built review for Trillium Way, and it indicates that the driveway is completed to binder stage and that the drainage system is complete to an extent to allow building permits to issue. LandTech also filed a review of the erosion of the partially completed footpath along Cross Street which includes a statement that completion of pathway grading would help alleviate further erosion. Mansfield has forwarded the report to the applicant, and will submit a copy to both the Town Clerk and Building Commissioner. Chair Freedman reported that he had gone to the site and reviewed the roadway after the recent heavy rainstorm, and there were no problems with it.
Lane moved to accept the report from LandTech dated 3/10/10 as certifying that the common drive Trillium Way has been completed in substantial compliance with the approved plans to the binder course including the installation of all drainage facilities. C. Nathan seconded the motion. On discussion, Chair Freedman confirmed from Mansfield that there is a Covenant and Maintenance Agreement that makes the homeowners responsible for roadway maintenance. Mansfield also noted that upon receipt of the final as-built plan, LandTech will again review the drive. The above motion was approved 7-0.
Consideration of second phase of proposed amendments to the Rules & Regulations governing the Subdivision of Land, last revised 3/8/10.
The PB decided to address a second phase of revisions to these Regulations after the May Town Meeting, but to review the Regulations before that time to determine the scope of expected revisions. Chair Freedman asked Gonzales to review the comments on the Regulations from Places Associates and to forward his recommendation on any areas of the revisions where consultant assistance may be required.
Concerning the PB's Regulations for Conservation Clusters (CC), Common Drives (CD) and Senior Residential Open Space Communities (SROSC), Chair Freedman asked Planning Administrator Mansfield and Administrative Assistant Caywood to revise these Regulations to include the Attachments A-D (which address Development Standards, Town Advisory Group Policies, Agreement for Expense Reimbursement and Certification of Accuracy of Application, and Construction Management Plan) as they were incorporated in the Subdivision Regulations. He noted that there may be some changes for consistency among them and with the Subdivision Regulations and asked Planning Administrator Mansfield to review the documents as well for areas that will need to change.
Review of revised draft of Affordable Accessory Apartment proposed deed restriction (Request of Housing Authority)
Lane reported that the Housing Authority will review this document at their next meeting.
Liaison Reports
Lamere reported on the activities of the Trails Committee, noting that they are building a few boardwalks (over wetlands) along the trails in the Hanover Hill subdivision, which is currently under construction. At 9:30 pm, Gonzales 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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