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
January 9, 2012
Minutes 12/12/11
Bills
Budget
CPA Project Applications
Map update fee
Annual Town Report
Land Use Working Group
Senior Tax Worker
Associate Member Positions
Liaison Reports
Report on ZBA hearing (12/5/11) of Planning Board appeal of issuance of building permit for guest house at 389 River Road and discussion of possible follow-up actions
Review of offer of collaboration with Board of Health regarding request for Planning Board to partner with them in applying for a “Healthy Communities Planning Grant” funded by Lahey Clinic
Chair David Freedman called the meeting to order at 7:45 pm in the Heald Room of Town Hall. Members Michael Epstein, Tom Lane, Jonathan Stevens, Nathan Brown, Marc Lamere, and Planning Administrator George Mansfield were present. Jeff Johnson arrived at 8:30 pm.
Gretchen Caywood (PB Administrative Assistant), Catherine Galligan (BOH member), Linda Fantasia (Health Agent), Alan Carpenito (South St.), Alex Parra (Bellows Hill Rd and Counsel for David Campbell (389 River Rd)), Anne Marie Brako (West St), and Mosquito reporter Bob Zielinski were also in attendance.
Minutes
The PB reviewed the draft Minutes from their 12/12/11 meeting, and one amendment was suggested. Stevens moved to approve the Minutes as amended, Lamere seconded and the motion was approved 6-0.
Review of offer of collaboration with Board of Health regarding request for Planning Board to partner with them in applying for a “Healthy Communities Planning Grant” funded by Lahey Clinic
The PB reviewed the draft letter of support of the BOH’s application for the Healthy Communities Planning Grant from the Northwest Suburban Health Alliance (CHNA 15). Brown moved that the PB approve the letter of support as drafted, Stevens seconded, and the motion was approved 6-0. Chair Freedman will sign the finalized letter on behalf of the PB. BOH member Catherine Galligan said that the League of Women Voters will be the second collaborator on the grant, if awarded, as two collaborating groups are required. She added that the BOH is “cautiously optimistic” about receiving the grant, and that grant recipients will be determined by the end of March.
Document on record used in the discussion of this topic (on file in PB office):
- Draft letter of support from the Planning Board to Janice Hanson, CHNA 15 Coordinator.
Map update fee
Chair Freedman reported that Louise Hara has been working on gathering information for an update of the GIS maps, with Caywood assisting. This update, from 2004-2011, is needed to support the revised Open Space & Recreation Plan. Freedman serves on the OS&R rewrite committee. He explained that Conservation Administrator Willard has suggested that the PB charge each of its applicants a fee that could be applied toward updating the Town’s GIS maps on an annual basis to contain the new lots, roadways and easements created by plans submitted to and approved by the PB. The accounting for such a fee would need to be devised to achieve this purpose, as 53G funds submitted for project review cannot necessarily be held long enough for map updates. Chair Freedman suggested that the PB may need
to consult with Treasurer Barton on this matter, and also suggested that Willard or Hara speak with Applied Geographics, the Town’s GIS map resource, to learn the approximate cost of a parcel update to set an appropriate fee level if a fee system was deemed feasible. Planning Administrator Mansfield will review PB regulations and the 53G statute to see if Project Review fees may be used for such a purpose and if so, if changes to the PB’s regulations may be necessary.
Annual Town Report
Planning Administrator Mansfield informed the PB that its section of the 2011 Annual Town Report is due by 2/3/11. The PB was presented with a copy of their 2010 Report, and suggested revisions appropriate for the 2011 content. Chair Freedman asked Mansfield to prepare a draft report for review at the 1/23/11 PB meeting.
Senior Tax Worker
Mansfield explained that the PB office may currently not be able to utilize the planned senior tax worker. This is mainly because a particular project for which the PB was interested in utilizing the senior worker was determined to not be necessary. Mansfield added that the Clerk’s office may very well be able to utilize the resident, and he will speak with the COA Coordinator on this matter. Board members concurred with this approach.
Liaison Reports
Stevens reported on the 1/3/12 meeting of the Banta Davis Task Force. For the 7 member Task Force, Selectman Williams was elected Chair, Greg Peterson Vice Chair, and Grant Challenger Treasurer. He stated that the purpose of the Task Force is to study possible uses of the Banta Davis property with emphasis on creating a site for affordable housing units. In this process, they will consider past uses, allowable uses, and current uses, including a review of the original purpose of ownership of the land by the Town.
Stevens said that the Task Force will report to the BOS on November 27, 2012 with their recommendations, but it is anticipated that their assignment will take about 4 months. He explained that they are reviewing many documents which span more than 60 years. Stevens said that, as covered in the 1/6/12 Mosquito, at the meeting Randy Brown and Greg Peterson had each supplied various documents and presented their thinking on how affordable housing can be developed at the site. They also outlined some issues that may need to be dealt with along the way, such as wastewater disposal capacity and water supply for the site. The next meeting of the Task Force is at 7:30 pm on Thursday, January 26th, and Stevens will propose that the Agenda for subsequent meeting is circulated to abutters of the
Banta Davis land, as PB Chair Freedman had previously suggested.
Report on ZBA hearing (12/5/11) of Planning Board appeal of issuance of building permit for guest house at 389 River Road and discussion of possible follow-up actions
Chair Freedman reminded the PB that they had agreed to wait to decide whether to appeal the ZBA decision on this property until the ZBA had filed its written Decision with the Town Clerk. Once the Decision is filed, the PB would have 20 days to file an appeal in Court if they wish, and therefore there would be limited time after their next PB meeting (on January 23rd) to do so.
Vice Chair Epstein suggested that before its next meeting, the PB should learn the details of the appeal process, and try to assess the feasibility of a successful appeal. He added that the more he becomes familiar with the matter of a guest house related decision for Frederick Bentley (see document list below), the more strongly he feels that the ZBA should have overturned the building permit for the guest house on this property. He felt strongly that, subject to cost issues and political issues, the ZBA’s decision not to overturn the permit should be appealed by the PB. Chair Freedman agreed and said that the building permit decision should have been overturned for reasons of the existing special permit and for inconsistency with the application of the Bylaws. He explained that
Concord’s efforts to amend their zoning bylaws related to guest houses have not gone smoothly. Chair Freedman explained that an appeal of the ZBA decision does not critique and analyze the ZBA decision, but rather the evidence, including possibly new evidence, is considered de novo, as a whole new case.
Johnson arrived at this point.
The PB discussed documents of the Land Court decision of Frederick Bentley vs. the Carlisle Board of Appeals (2008 and affirmed by the Appeals Court in 2009), and it was noted that statements in these documents do support the PB’s position regarding consistent past reading by the Town that a second dwelling with a kitchen cannot be considered a private family guest house. The PB reviewed a transcript of a 2007 Land Court session in which then Building Commissioner Robert Koning was questioned, with statements by him that reaffirm that a kitchen is not allowed in a private family guest house in Carlisle. Chair Freedman expressed concern that the Campbell guest house decision could affect the ZBA decisions on future applications.
Brown asked about the estimated cost to the Town of any appeal. Planning Administrator Mansfield pointed out that legal costs incurred by both sides would be paid by the Town. Lane asked if there is any other procedure to get the ZBA to reconsider its decision on this building permit. Mansfield explained his understanding that a motion to reconsider must come from the ZBA member on the prevailing side (its Chair, who voted against the appeal). Lane noted that while he is anxious to see the ZBA decision once filed, he has no problem with the PB appealing the decision. Brown suggested that once the PB has had an opportunity to see the filed decision, then it should consider an appeal, holding a special PB meeting to make that decision, if necessary.
Alex Parra (Bellows Hill Rd), Counsel for the Campbells (389 River Rd), reported that in their meeting this evening, the ZBA had voted to approve their draft Decision with amendments, and they expect to file by the end of the week.
Mansfield suggested that, with the Town Administrator’s ok, the PB could contact Town Counsel to get information from them on the appeal process. Johnson and Stevens asked if there had been any feedback from the Building Commissioner concerning the PB’s memo to him regarding the enforcement of special permits granted by the PB. Mansfield said that there had not been any formal response. Chair Freedman asked him to seek such a response.
List of documents on record used in the discussion of this topic (on file in PB office):
- Memo from Planning Administrator Mansfield to Building Commissioner Luther dated 12/13/11 concerning second dwelling units.
- Memo from the PB to Building Commissioner Luther dated 12/13/11 concerning “Enforcement of Special Permits granted by the Planning Bd”,
- MA Land Court decision on Bentley v. Carlisle ZBA, Case # 304238, 16 LC ruling 187, decided 4/3/2008,
- Courtroom transcript, May 23, 2007, case of Bentley v. Carlisle ZBA, Direct Examination of Robert Koning.
Other Business
Planning Administrator Mansfield explained that today he had received a copy of a letter to the Town Administrator and BOS from the law firm representing the developer of Hanover Hill formally requesting that the BOS place an article on the Town Meeting Warrant for the acceptance of Hanover Rd and Johnson Rd as public ways. He explained that the procedure is for the BOS to vote their intent to lay out the way, and then to ask for the PB’s recommendation. Chair Freedman confirmed from Mansfield that this request by the developer to the BOA to accept the roadways prior to release of the subdivision has not occurred during his 16 year tenure as Planning Administrator. Chair Freedman summarized, for those in attendance, that before making any recommendation, the PB would first need a report from the PB’s review engineer on the development, and if appropriate, clearly stating what may still need to be completed, and confirming that a complete as-built plan has been reviewed and deemed
accurate.
Document on record used in the discussion of this topic (on file in PB office):
- Letter from Balas, Alphen & Santos, P.C. to Town Administrator Goddard and BOS Chair Stevenson dated 1/5/12 re; Street Acceptance for Hanover Road and Johnson Road.
At 9:00 pm, Stevens moved and Lane 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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