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 24, 2010
Minutes 5/3/10
Bills
Budget
Summer meeting schedule
Organization of 2010-2011 Board
Open Meeting Law amendments
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)
Chair David Freedman called the meeting to order at 7:32 pm in the Clark Room of Town Hall. Members Marc Lamere, Tom Lane, Nathan Brown new member Jeff Johnson, and Planning Administrator George Mansfield were present. Members Kent Gonzales and Michael Epstein arrived at 7:40 pm.
Gretchen Caywood, Administrative Assistant to the Planning Board, and Mosquito reporter Bob Zielinski were also in attendance.
Organization of 2010-2011 Board
The PB discussed nomination of officers for the next fiscal year, and the following officers were suggested: Chair - David Freedman
Vice Chair - Michael Epstein
Treasurer - Marc Lamere
Clerk - David Freedman
Freedman explained that it made sense for him to hold both the positions of Chair and Clerk, since he is the only current member available in Town during the weekdays. Mansfield confirmed that there is no legal barrier to holding joint positions. Gonzales moved to close nominations of officers, Johnson seconded and the motion was approved 7-0. Brown moved that the PB adopt the proposed slate of nominations, Johnson seconded the motion and it was approved 7-0. The PB discussed its Appointees to other Committees. Freedman moved that the PB adopt the proposed slate of Appointees as follows:
Community Preservation Act Committee - Kent Gonzales
Historical Commission - Nathan Brown
MAGIC representative - Jeff Johnson
Long Term Capital Requirements Committee - Tom Lane
Conservation Restriction Advisory Committee - Marc Lamere
Lamere seconded the motion and it was approved 7-0. Planning Administrator Mansfield reminded the PB that all proposed Appointees (except for MAGIC) must be notified by the BOS and then sworn in as such by the Town Clerk.
The PB then discussed its Liaisons to various Boards and Committees, and the following responsibilities were agreed upon:
BOS - David Freedman (Michael Epstein as Alternate)
ZBA - Kent Gonzales (David Freedman as Alternate)
ConsComm - David Freedman (Michael Epstein as Alternate)
Trails - Marc Lamere
BOH - Kent Gonzales (Michael Epstein as Alternate)
Town Counsel - Michael Epstein (David Freedman as Alternate)
RecComm - Jeff Johnson
Housing Authority - Tom Lane (David Freedman as Alternate)
Pedestrian/Bike Safety Advisory Committee - Marc Lamere
(aka Pathways Committee)
Highland Building Committee - Nathan Brown
Planning Administrator Mansfield was asked to notify the various boards and committees of the new Appointees and liaison assignments.
Minutes
The PB reviewed the draft Minutes from the 5/3/10 PB meeting, and one amendment was suggested. Lamere moved to approve these Minutes as amended, Epstein seconded, and the motion was approved 7-0.
Open Meeting Law amendments
Planning Administrator Mansfield informed the PB that Town Counsel representatives will present an informational session on Monday, June 7th at 7 pm (Clark Room) on the many substantive changes to this law that become effective this July 1st. Town Administrator Goddard had requested this presentation. Mansfield suggested that it would be important for PB members and staff to attend this presentation.
Summer Meeting Schedule
On reviewing summer schedules, the PB chose Monday, June 21st and Monday, July 19th for their next meetings. August meeting date(s) will be determined later.
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.]
The PB reviewed the latest draft revisions to its Conservation Cluster (CC) Rules and Regulations. One of the reasons for revision of these Regulations is to incorporate the Attachments A-D (Development Standards, Policy Governing Use of Town Advisory Groups, Agreement for Reimbursement of Expenses and Certification of Accuracy of Application, and Construction Management Plan) that were recently incorporated into the PB's Subdivision Regulations, and that were developed in conjunction with the ZBA for incorporation into their Comprehensive Permit (40B) Regulations. Vice Chair Epstein explained that the overall goal is to achieve horizontal alignment of the PB's various sets of Special Permit Rules and Regulations with each other as well as with other Town Regulations. After agreement is reached on these revisions, a similar
approach will be taken with the PB's Common Driveway (CD) and Senior Residential Open Space Community (SROSC) Rules and Regulations.
On reviewing the draft revisions of the CC Regulations, the PB considered Article VIII of the Town's General Bylaws, entitled "Earth Removal, Deposit and Stockpiling". Chair Freedman pointed out that CCs are subject to this Bylaw, but subdivision roadways and Common Driveways are exempt from it.
Vice Chair Epstein asked about Section III.F.2 of the CC Regulations, which refers to Conservation Restrictions, pointing out that it refers to the PB when it should perhaps refer to ConsComm as holder of the CR. Planning Administrator Mansfield has asked Conservation Administrator Willard to check this with the Conservation Restriction Advisory Committee (CRAC). Chair Freedman suggested also confirming this with the BOS.
The PB reviewed Section XI (Administration) of the CC Regulations, which details the requirement of a Construction Management Plan (CMP) before any site work begins. Planning Administrator Mansfield strongly recommended that the PB at least require a draft CMP before rendering a decision on the special permit. Chair Freedman suggested that an outline of the expected scope of the CMP be required at the application stage. The PB also reviewed the current application and project review fees for CCs. Vice Chair Epstein suggested that the PB review these fees at its next meeting (June 21st). Chair Freedman pointed out that any new applicant should be asked about rock crushing activities that will take place at the site, as these should be detailed in the CMP as well, considering potential noise control.
Chair Freedman asked Planning Administrator Mansfield and Administrative Assistant Caywood to finalize these CC Regulations, incorporating the changes detailed this evening, and to revise the CD and SROSC Regulations in a similar manner, for review at the next PB meeting.
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)
Chair Freedman, current PB liaison to the ZBA, reported on the status of this hearing, noting that the ZBA had met twice since the last PB meeting. He noted that for the most part, the ZBA has been following the general outline of the 5/4/10 Memo from the PB detailing its review and recommendations on this application, and using it as a guide for their further review of the project. The ZBA paid particular attention to Categories A, B and C of the PB's recommendations: (A) items for which they should get more information or clarification within the hearing, (B) items that should be conditions of approval, and (C) items on which the ZBA should reach agreement with the applicant before close of the hearing that adequate performance-not just consistency with the decision-will be assessed by the ZBA and /or other designated Town
agent, with the assistance of the Peer Reviewer, after the decision is issued and the hearing closed. The ideal would be for the ZBA to obtain agreement from the applicant on all Category C items at their June 8th meeting, which is likely when the hearing will close. He noted that Town Counsel plans to forward their draft of the Conditions for this project to the ZBA on Friday, May 28th, with the ZBA forwarding them on to the PB. Chair Freedman will review these Conditions, discuss with Vice Chair Epstein, and report directly to the ZBA Chair. He noted that if additional PB response is needed, the PB may possibly need to meet prior to June 8th on this matter, at Vice Chair Epstein's discretion.
Chair Freedman reported that prior to one recent ZBA meeting, he met with John Bakewell, MA certified Arborist, at the proposed project site. At the ZBA meeting that evening, Bakewell stated that once the invasive plants are removed from the frontage, the screening of the site will basically be gone. He recommended that the applicant tag the trees that will stay, and place any new plantings into the wall, to which the applicant agreed, but the revised plan subsequently submitted by the applicant did not show this, nor did a second revision submitted subsequent to the last ZBA hearing. Chair Freedman and Bakewell had drafted a "recommended landscaping" condition that would make this a Category C item, and would note that Bakewell would consult with the ZBA on their approval of a final landscaping plan.
At the ZBA hearing, Peer Review Engineer Steven Ventresca (Nitsch Engineering) and project engineers from Meridian Associates asked about the necessary width of the entryways. While the ZBA decided upon 20 feet of pavement, they are currently considering 2' hard shoulders on either side, therefore maintaining a cleared width of 24 feet, but reducing actual pavement width by 2 feet.
The ZBA had discussed the fire lane at the proposed building entrance, and Fire Chief Flannery said that it cannot be used for drop off. The ZBA did not ask the applicant to provide additional width by the entry for drop off, as they appear to accept 24 feet as adequate for both fire access and drop off.
The ZBA also discussed snow storage at the site. Freedman noted that there doesn't appear to be anywhere to put any significant amounts of snow except beyond (to the east of) the parking spaces at the east side of the lot. This means that it will likely not be possible to plow the lot with the cars in place. While it could not be ascertained if it is permissible to put snow in detention basins, they are all bordered by guard rails. On discussion, the PB did not see a solution to the snow storage problem.
Concerning easements for well and septic and public access to the back lot, Chair Freedman said that information on this may be in the draft conditions and may be presented at the June 8th ZBA meeting, but that the details may not be worked out until after the close of the hearing. Lamere pointed out that public access to the back lot should be available through that lot's 40-ft frontage strip during the construction phase.
Vice Chair Epstein asked how long the construction of the project would take. Chair Freedman explained that a suggested condition to be included in the ZBA decision would state that construction is to be complete within 3 years of the date of issue of the permit, or within 2 years from the start of construction - whichever comes first. He added that the applicant has not discussed the expected construction time at all. PB member Gonzales offered that this type of project should take about 6-8 months of active construction time.
Chair Freedman reported that the project engineer had finally provided an estimate for the amount of fill that would be needed for the project site. While during the course of the hearing thus far the applicant had insisted that the net of the cut and fill was about zero, the calculations showed that the amount of fill required would likely necessitate 400-500 truckloads to deliver it to the site, excluding driveway and pathway materials such as gravel, cement, and asphalt.
Chair Freedman noted that an important question arose at the ZBA meeting about changes in the development once it is built. Freedman suggested that the Chair of the ZBA clarify for the applicant and others that any changes or alteration to the approved plan must be reviewed by the ZBA for this 40B project in order to ascertain whether the Comprehensive Permit decision must be amended. No changes are allowed "by right", as this would not be a conforming private residence so a special permit from the ZBA for changes to the plans approved in the Comprehensive Permit would most likely also be required unless the changes were anticipated in the Comp Permit. Chair Freedman noted that he would not favor such Conditions in the Comp Permit as the impact of any changes had not been discussed during the hearing. The ZBA's
regulations require that this be stated as a condition of the decision.
At 10:00 pm, Epstein moved and Johnson seconded the adjournment of the PB meeting, and the motion was approved 7-0.
Respectfully Submitted,
Gretchen Caywood
Administrative Assistant
Carlisle Planning Board
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