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
May 3, 2010
Minutes 4/12/10, 4/26/10
Bills
Budget
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, South Street (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 -
Draft peer review letter 4/7/10)
Review of revised draft of Affordable Accessory Apartment proposed deed restriction (Request of
Housing Authority)
Report and recommendations to Town Meeting on proposed amendments to the Zoning Bylaws as
follows:
Sec. 5.2, Wetlands/Flood Hazard overlay district to conform with revised FIRM maps
effective 6/4/10;
Sec. 2.2, Location of Districts, to conform with revised FIRM maps effective 6/4/10;
Sec. 7.6, Site Plan Review and Rules and Regulations for Site Plan Review consistent with
Zoning Bylaw
Sec. 7.6 (Request of Board of Selectmen)
(Report of 4/12/10 public hearing)
ANR Plan: 45 and 63 Acton Street, Map 16, Lots 49 & 50, Robert J. Koning, applicant
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, 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), Jeff Johnson (Tophet Road), Mark Beaudry (Meridian Associates) and Toby Kramer (Neighborhood of Affordable Housing) were also in attendance.
Minutes
The PB reviewed the draft Minutes from the 4/12/10 PB meeting, and a few amendments were suggested. N. Brown moved to approve these Minutes as amended, Lamere seconded, and the motion was approved 6-0. The PB reviewed the draft Minutes from the 4/26/10 PB meeting. Epstein moved to approve these Minutes as drafted, Lamere seconded and the motion was approved 6-0.
Report and recommendations to Town Meeting on proposed amendments to the Zoning Bylaws as follows:
Sec. 5.2, Wetlands/Flood Hazard overlay district to conform with revised FIRM maps
effective 6/4/10;
Sec. 2.2, Location of Districts, to conform with revised FIRM maps effective 6/4/10;
Sec. 7.6, Site Plan Review and Rules and Regulations for Site Plan Review consistent
with Zoning Bylaw Sec. 7.6 (Request of Board of Selectmen)
(Report of 4/12/10 public hearing)
Planning Administrator Mansfield had sent a memo to the BOS regarding the April 12th hearing and the PB's motion to approve the revisions to the Rules and Regulations for Site Plan Review (SPR). He also had prepared two draft Reports to Town Meeting concerning the proposed Bylaw revisions.
The PB reviewed the draft Report and Recommendations regarding proposed SPR Zoning Bylaw revisions, including some edits suggested by Chair Freedman. After review, N. Brown moved that the PB approve, with the indicated changes suggested by Chair Freedman and the additional edits made at this meeting, the PB's Report to Town Meeting on Article 27, Site Plan Review Zoning Bylaw Revisions. Lamere seconded the motion and it was approved 6-0.
The PB then reviewed the draft Report and Recommendations regarding the proposed revisions to the Wetland/ Flood Hazard District (WFHD) Zoning Bylaw. After review, Lamere moved that the PB approve the PB's Report to Town Meeting on Articles 25 and 26, Wetland/Flood Hazard District Zoning Bylaw Revisions with minor revisions, Lane seconded the motion, and it was approved 6-0.
Chair Freedman reported that Lamere had gathered and formatted some relevant maps for the BOS and Town Administrator Goddard, who will give the presentation at Town Meeting on the proposed amendments to the WFHD Zoning Bylaw.
Request for review of application for Comprehensive Permit for Benfield Farms, South Street (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 - Draft peer review letter 4/2/10)
The PB reviewed in detail the draft Memo detailing the PB's review and recommendations to the ZBA on this application, based on the PB's initial discussion on April 26th. In the Memo, the PB's Recommendations are separated into three categories: a) matters that the PB believes should be reviewed and decided upon by the ZBA within the hearing before a draft decision is considered, b) items that should become conditions of an approval of this application requiring post-permit compliance consistent with very specific performance criteria to be stated in the decision, and c) matters on which the PB suggests the ZBA reach an agreement with the applicant, before the hearing's close, that upon submission of the final plans may be reviewed by the ZBA and/or other appropriate Town agents selected by the ZBA, and with the assistance of the
Peer Reviewer, after the decision is issued and the hearing is closed. Where appropriate, in the Memo the PB referenced its recommendations to the numbering system employed in the Peer Review Letter for their comments. The PB Memo also reviewed all waivers to Zoning Bylaws, Subdivision Rules and Regulations, and other Town Regulations that either have been, or in the PB's opinion should have been, requested by the applicant.
The PB first reviewed the Waivers section of their draft Memo, and on discussion some changes and additions were suggested. Chair Freedman pointed out that Planning Administrator Mansfield has suggested a number of additional waivers that, in his opinion, the applicant should request, including to several sections of the PB's Subdivision Rules and Regulations. He also suggested several requested waivers that should either not be granted, or should be granted with conditions. For example, the applicant has requested a waiver from ZBA Comprehensive Permit Regulations Attachment A Section 1.1: Green Development Practices. The PB recommended that this waiver not be granted as this section does not require that a development achieve LEED Gold designation, but only that the applicant include, to the greatest extent
practicable, strategies for environmentally responsible design.
Toby Kramer, representing Neighborhood of Affordable Housing (NOAH), asked why waivers from the Subdivision Regulations are required at all since the proposed development is not a subdivision. Chair Freedman explained that, as the Subdivision Rules and Regulations are the key Regulations governing most development in the Town and supporting Town policies, the ZBA's Rules and Regulations for Comprehensive Permits do specify that any 40B application is expected to comply with the aspects of the PB's Subdivision Regulations that are relevant to the project or to include waiver requests to specific provisions. Chair Freedman also pointed out that this is the PB's first opportunity to respond to the revised plans for this project which were submitted March 10th by the applicant, and to the Peer Reviewer's draft letters of 4/7 and
4/27/10.
The PB then reviewed the section of their draft Memo detailing PB Recommendations. Concerning the width of the proposed roadway throughout the site, Chair Freedman, also PB liaison to the ZBA, reported that while the ZBA will address this further, discussions at a recent ZBA meeting indicate that the Fire Department is still asking that the width be 24 feet paved throughout the site, even at the entrances. It was suggested that the fire lanes in front of the proposed main entrance to the building need to be clearly marked, a concern that was expressed also at the April 26th PB meeting. It was noted that a fire lane is not marked on the plan, and that it has been stated that this area will also be a "drop off" area. The PB agreed that this should be a "Category A" recommendation and will be noted as
such in the final Memo. Planning Administrator Mansfield pointed out that there are designated and marked fire lanes in front of the Spaulding Building at Carlisle School and in front of the First Religious Society's Meeting House.
The PB noted that the applicant has not provided any cross-section drawing of the proposed driveway, also a requirement of the Subdivision Rules and Regulations. The Memo notes that one should be submitted and that, once reviewed by the ZBA and by Peer Review, the appropriate waivers from the Regulations need to be requested.
When N. Brown confirmed from the Chair that as of yet there had been no response from the applicant to the Peer Review report, Marc Beaudry (Meridian Associates) commented that his company is waiting for the final Peer Review report before they officially comment, but will respond before the next ZBA meeting Wednesday night. He added that since the Peer Reviewer has submitted a few draft reports, they feel like things are very much still in process, and that they are "chasing a moving target". Chair Freedman explained that this is exactly the situation the PB is in when they have no response from Meridian - it makes the PB's task (of reviewing the application) more difficult. Chair Freedman pointed out that the PB had been assured they would have Meridian's response in advance of this meeting tonight.
Toby Kramer (NOAH) said that many of the peer review comments have been resolved by the applicant. She commented that it is difficult to finalize anything on the plans yet. Chair Freedman pointed out that since submission of the initial plans prior to the opening of the public hearing in November 2009, there were no new plans submissions from the applicant until March 10, 2010. He added that not only the PB, but also the BOH and ConsCom had just addressed the revised plans and peer review responses the prior week, as that was the first opportunity to do so since the receipt of the new information. Chair Freedman added that while the BOH and the ConsComm will each have another opportunity to address this application, due to submissions for permits specific to those Boards, this may be the PB's last opportunity to address the
application.
On completion of review of the draft Memo response to the ZBA on this application, all PB members expressed their agreement with the proposed revisions. Planning Administrator Mansfield will finalize the Memo, and he will forward it to the PB, and to an agreed-upon list of other Boards and Departments, when submitted to the ZBA prior to their 5/5/10 meeting.
Review of revised draft of Affordable Accessory Apartment proposed deed restriction (Request of Housing Authority)
Chair Freedman noted that since the PB is the special permit granting authority (SPGA) on these apartments, it has been very involved in the review of this proposed deed restriction. He reported on the meeting two weeks ago with a potential applicant who already holds an accessory apartment special permit, and with representatives of the Affordable Housing Trust (AHT), the Housing Authority (HA), the PB, the BOS, and also the Town Treasurer. While no final decisions were made at the meeting, it was proposed that Town Counsel be asked to create a deed restriction discharge for AAA participants who decide to sell their homes. This was proposed to mitigate the discrepancy between the documents (SP runs with owner while proposed deed restriction runs with the land). At that meeting, AHT member Greg Peterson proposed that
the same group meet on May 12th to decide next steps and to formally assume the responsibility of completing the revisions on the deed restriction document with Town Counsel.
When Chair Freedman asked for PB comment on this issue, Vice Chair Epstein asked what would happen when an apartment goes from AAA to AA, and noted that this question will be important for the PB special permit consideration. Chair Freedman explained that this situation would need careful consideration as the PB has no enforcement power in assuring the removal of a AAA unit that does not comply with AA restrictions (such as a AAA in a detached structure).
Chair Freedman suggested that it may be worthwhile for the Town to consider developing an alternate system of creating and/or maintaining affordable accessory apartments that is not dependent on the State's Department of Housing and Community Development (DHCD), particularly with the difficulties that State "certification" of affordability is posing, and with the possibility of the 40B requirement being eliminated by State ballot initiative in the fall. Epstein disagreed, noting that if 40B survives, one or two affordable units can make a difference. He added that the deed restriction document is not far from being able to be finalized.
N. Brown and Epstein left the meeting at this point.
ANR Plan: 45 and 63 Acton Street, Map 16, Lots 49 & 50, Robert J. Koning, applicant.
Planning Administrator Mansfield explained that this plan shows two existing conforming lots totaling 18.3 acres on the south side of Acton Street, just west of the Westford Road intersection. Both are developed with single family homes, and both are owned by the applicant. While a similar plan was endorsed by the PB on 1/12/87, it was never recorded by the owner. It was used, however, to create the lots on the Assessors'' maps.
Chair Freedman confirmed from Mansfield that the plan meets all requirements of an ANR. Therefore, Freedman moved that the PB endorse the plan of land in Carlisle MA detailing the lots for #45 and #63 Acton Street, dated April 9, 2010, and prepared by Stamski & McNary, Inc. for Robert J. Koning, dividing one lot into two lots noted as 16-50.01 and 16-50.02. Lamere seconded the motion and it was approved 4-0.
At 10:05 pm, Lane moved and Gonzales seconded the adjournment of the PB meeting.
Respectfully Submitted,
Gretchen Caywood
Administrative Assistant
Carlisle Planning Board
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