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
November 8, 2010
Minutes 10/25/10
Bills
Budget; FY12 budget process
Re-appointment of Board’s CPC representative
Associate Member positions
393 South Street
Liaison Reports
Discussion of status of “Green Communities” initiatives with Carlisle Energy Efficiency Task Force, including proposed Zoning Bylaw amendment for “as-of-right” Solar Photovoltaic Facilities Overlay District
Public Hearing on request for amendment to Common Driveway Special Permit (ID #62) originally issued on 2/14/84 at 121 Skelton road, to be known as “Elliott Farms,” to serve up to 6 lots (Map 1, Parcels 1, 1A, 1B, 2, 3, & 3B) Request of The Rachel Webster Elliott Trust – 2004, 291 River Road
ANR Plan: 685 East Street, Map 25, Parcels 20 and 21, Kathleen Aldrich Briscoe, applicant
Chair David Freedman called the meeting to order at 7:34 pm in the Clark Room of Town Hall. Members Michael Epstein, Kent Gonzales, Tom Lane, Marc Lamere, Nathan Brown, Jeff Johnson and Planning Administrator George Mansfield were present.
Gretchen Caywood, Administrative Assistant to the Planning Board, George Dimakarakos (Stamski & McNary, Inc.), Steven Ventresca (Nitsch Engineering), John Luther (Building Commissioner), Alan Carpenito (South Street), Ruth Elliott Holmes (Bloomfield Hills, MI), Nicholas Holmes, Elizabeth and Maris Platais, and Sarah Holmes Tucker ( 291 River Road), Jen Tucker (Duxbury, MA), Dana Booth, Donna Barach, Mary Davidson, and Gary Campbell (River Road), Luke Ascolillo (Craigie Circle), Fontaine Richardson (Skelton Rd), Greg Peterson (Indian Hill), Lorraine and Bob Stone (Skelton Rd), Love Seawright (Indian Hill), Carol Nathan (Robbins Drive), Dan Cook (Cross Street), Steve Hinton (East Street), Sue Lohrer (Fielding Farm Drive), Carolyn Ing (Westford St), Donna Cutler (Acton, MA), Nini Block (Bedford, MA),
Pierre Lorrain (Bedford, MA), Debra Gorfine (Westford, MA), Christa Collins (Concord, MA),, Thomas Falwell (Concord, MA), and Mosquito reporter Bob Zielinski were also in attendance.
Minutes
The PB reviewed the draft Minutes from the 10/25/10 meeting, and a few amendments were suggested. Brown moved to approve the draft Minutes as amended, Lamere seconded the motion and it was approved 6-0-1 (Gonzales abstaining).
Re-appointment of Board’s CPC representative
With Gonzales having completed his one year appointment to the Community Preservation Committee, Johnson offered to accept this role for the next fiscal year. Gonzales nominated Jeff Johnson as the PB representative on the Community Preservation Committee, Brown seconded, and the motion was approved 6-0-1 (Johnson abstaining).
Associate Member Positions
Chair Freedman thanked Bob Zielinski (Mosquito reporter) for advertizing the PB’s need for two Associate Members in a recent edition of the Mosquito. He added that it is the best way for anyone interested to “learn the ropes” with respect to PB operations.
FY12 Budget Process
Chair Freedman confirmed with Planning Administrator Mansfield that specific budget projections will be available for the next meeting, and asked that this be included as an Agenda item. Mansfield reminded the PB that December 13th is the preliminary hearing with FinComm regarding the FY12 budget.
393 South Street
Chair Freedman reported that there was recently an opportunity for members of Town Boards to view the land at 393 South Street at which there is a parcel of land for sale for which the Town will have first right of refusal. He said that the PB did have two representatives there unofficially. As a result, the PB will be better prepared to provide the BOS with an opinion (when asked) regarding acquisition of the property by the Town.
Public Hearing on request for amendment to Common Driveway Special Permit (ID #62) originally issued on 2/14/84 at 121 Skelton Road, to be known as “Elliott Farms,” to serve up to 6 lots (Map 1, Parcels 1, 1A, 1B, 2, 3, & 3B) Request of The Rachel Webster Elliott Trust – 2004, 291 River Road
Chair Freedman recused himself from this public hearing, as he is a member of the Board of the Carlisle Conservation Foundation (CCF), which has expressed interest in part of the property to be discussed. Vice Chair Epstein acted as Chair for this hearing.
Acting Chair Epstein opened this public hearing explaining the goal of obtaining an overview of the plans this evening, and that the PB would not be rendering any decisions tonight. He noted that the PB had been presented with a conceptual plan for this work at their June 23, 2010 public meeting. Nicholas Holmes (River Rd), estate Executor and grandson of the late Rachel Webster (“Pagey”) Elliott, Elizabeth (Elliott) and Maris Platais (291 River Rd residents), Ruth (Elliott) Holmes and Sara Holmes Tucker were present from the family. George Dimakarakos (Stamski & McNary, Inc.) was present as engineer for the applicant.
Dimakarakos displayed a current plan for the proposed common driveway and lots, summarizing that the proposal is to amend the existing common drive special permit to add to the common drive to provide access to four new lots for a total of 6 lots. Epstein confirmed from the engineer that one lot, 121 Skelton Rd, is currently served by the existing drive (and that would become the eastern branch of the proposed drive), and that the owner of the lot currently served by the drive has the right to add one more lot by subdividing his property. He noted that the property that is the subject of this application currently has two lots and can be subdivided into two additional lots. Dimakarakos asked the PB to hold the current ANR plan and not endorse it this evening, as they are considering some adjustments to
the lot lines that will not significantly affect the layout of the proposed common driveway.
Dimakarakos said that the proposed design takes the applicant’s three main goals into consideration: preserving the working farm, preserving the community uses of the land, and preserving scenic vistas (the fields, farm pond, and the view of the farm from River Rd). He noted that while a subdivision roadway would provide 8 lots at this site, the applicant is seeking to provide a more modest development of their property. He described the layout of the proposed western branch of the common driveway, which would be 1140 feet in length to the cul-de-sac, extend to the south for a length of about 300 feet to serve proposed Lots 1 and 6, and extend to the north to serve proposed Lots 4 and 5. The drive will have the required turnouts every 300 feet, and would be 12 feet wide with 2 ft shoulders. There are no proposed changes to the existing drive (to 121 Skelton Rd). Lots 2 and 3 (under Ch. 61A agricultural restriction) will not be served by the drive. The applicant is requesting a
waiver from the Common Driveway Rules and Regulations regarding length of the drive (over 1000 ft), and regarding naming the common drive (to keep from changing the address at 121 Skelton Rd).
Acting Chair Epstein asked if the applicant had met with the Fire Chief, and Dimakarakos said that he had met with Deputy Chief White, and the Fire Department has requested that the paved area at the fire cistern be 24 feet wide for fire equipment usage, suggesting that the cistern be located at the branch of the common drive where it turns to the 121 Skelton Rd property. The request to waive the naming of the drive was not discussed at that meeting.
Dimakarakos reported that ConsComm has begun reviewing the application at one hearing, has conducted a site walk, and there will be a continued hearing on 11/18/10. The plan involves a wetland crossing, a perennial stream, and significant river frontage. Epstein asked if any restrictions had been put on any of the lots to preserve the land near the river. Dimakarakos said that at this point no restrictions have been shown on the plans, but they intend to do so. There are ongoing discussions about restricting a portion of the property.
Acting Chair Epstein asked the applicant’s estate Executor, Nicholas Holmes, for comment. Holmes, grandson of the original landowner, noted that this plan was created purposely to maintain the beautiful vistas, and that the agricultural use and community uses will continue as well. He said that the plan as described has taken about 5 years to develop, and that his late grandmother had been able to provide much input on it. Holmes expressed the family’s strong desire to conserve the land. He noted that they had spoken with the Carlisle Conservation Foundation (CCF) and the Sudbury Valley Trustees (SVT), and that Lot 6 will likely be reconfigured to include more river frontage.
CCF member Greg Peterson explained that CCF and SVT are partnering on this important property, which is designated as priority 1 in the Town’s Open Space and Recreation Plan. He explained that Ruth Holmes has added her land to her mother’s estate. Peterson explained that the land is of regional importance because of the extensive frontage on the Concord River at arguably one of the most wild and scenic stretches of the Concord River, and it has been designated as such by the State. These two organizations have been in discussions for over 2 years, and are very close to a written option contract which would preserve about 1000 feet of river frontage, allowing the public access to the property. Peterson expressed his gratitude to the Elliott family in this regard.
Acting Chair Epstein asked Fontaine Richardson, resident of 121 Skelton Road, if he wished to provide any additional input regarding his letter of 11/8/10 submitted to the PB expressing his opposition to the expansion of the current driveway, but also noting that he is in discussion with the Trust to address his concerns about the expansion. Richardson said that he had nothing to add to the letter. Thomas Falwell, an attorney for the applicant, presented a memo to the PB (dated 11/8/10) detailing why the Elliotts have the right to amend the special permit in the manner proposed. He noted that in 1984 when the original common drive was approved, the Richardsons signed documents allowing the Elliotts to amend the common drive to add two lots. Acting Chair Epstein said that the PB would review these
documents, and urged the parties to come to an agreement.
Acting Chair Epstein asked for comments from the public. Ruth Elliott Holmes, a daughter of the late Rachel Elliott, said that her mother and family were in the house at 291 River Rd from 1945, and that this property will remain a part of their lives. The family is committed to carrying on their parents’ legacy and to keeping the land open and the farm in operation. Sara Holmes Tucker (291 River Rd), granddaughter of the late Rachel Elliott, spoke of growing up on the farm, and said that she had planned to return to the area for some time and would like to build a small house and barn on Lot 2, maintaining a small farm, and in this way carry on her grandmother’s legacy. Elizabeth Platais (291 River Rd), daughter of Rachel Elliott, said that the Old North Bridge Hunt Club (Concord)
also utilizes the land and wanted to express their support of this plan, but representatives could not attend this evening. She reported that the Hunt Club members have stated that this land is very important to them.
Bob Stone (Skelton Rd) asked that the PB take precautions to protect Skelton Road, designated a scenic roadway, by enforcing the Scenic Road Bylaw if there are any plans to remove trees along the roadway. He also noted that a cow tunnel passes under the roadway entrance, and it should be preserved. Dimakarakos said that there is no work planned at the driveway entrance.
Donna Cutler (Acton, MA) spoke about her friendship with Rachel “Pagey” Elliott, and said that she has been able to let her dogs use the land for tracking and duck training, and that many people come a long way to do so. She said that Pagey, who started the Yankee Golden Retriever Club, had expressed her hope that this would continue.
Carolyn Ing (Westford St.) said that other dog clubs have been using the land for some time as well, and thanked the family for their continued generosity. Having recently viewed the land, she was very impressed with how the Elliotts are keeping the land, sustaining its beauty. Sue Lohrer (Fielding Farm Drive) agreed with Ing, having also used the land for her dogs.
Love Seawright (Indian Hill) said that she had begun growing her daylilies on that land, and hopes the PB would support the plan. Steve Golson (Stearns St) spoke of preservation of the scenic vistas, and asked that the PB be cautious to approve a plan that will preserve the field and meadow, which this plan does.
At this point, Acting Chair Epstein spoke about next steps for this application. He asked Nicholas Holmes whether in his opinion it would be advisable at this point for the PB to request Town Counsel review of the original common drive documents and the proposed plan regarding discussions with Richardson (121 Skelton Rd). Holmes suggested that the PB hold off for a brief period, as the ongoing conversations with neighbor Richardson are productive. It was agreed that the PB would hold off in requesting Town Counsel input until the end of the week. Acting Chair Epstein asked Planning Administrator Mansfield to reach out to the Fire and Police Chiefs for their formal responses to these plans, and to the request to waive the requirement of naming the common driveway.
After discussion with the applicant, Sunday, November 14, 2010 at 9:30 am was agreed to for a visit to the site and a walk of the grounds. Richardson offered that the site visit attendees could park on the driveway to his property. Acting Chair Epstein asked the applicant’s engineer to stake out the proposed location of the common drive centerline, its width, the cul-de-sac location and the north and south “arms” of the proposed drive, and the locations of the turnouts and cistern, including the proposed 24-ft wide area.
Lamere moved and Brown seconded the continuation of this public hearing to Monday, December 13, 2010 at 8 pm, and the motion was approved 6-0 (Freedman recused).
Discussion of status of “Green Communities” initiatives with Carlisle Energy Efficiency Task Force, including proposed Zoning Bylaw amendment for “as-of-right” Solar Photovoltaic Facilities Overlay District
Freedman resumed the Chair. Vice Chair Epstein has been acting as the PB’s liaison to the Carlisle Energy Task Force (CETF) and he has developed a draft of the proposed bylaw, with support from the CETF, and review by Administrator Mansfield and Chair Freedman as well as a draft schedule for tasks that must take place for “Green Communities” approval for Carlisle. These documents had been provided to the PB before the meeting.
Dan Cook, Chair of the CETF, reported that they had met with the Selectmen who expressed their support of an as-of-right siting bylaw for photovoltaics. Committee representatives had also met with the Historical Commission (CHC), and the Commission indicated its support of an overlay district with no direct facility siting within the Historic District. Building Commissioner Luther, also on the CETF, had spoken with the Board of Health, and they had expressed support.
Chair Freedman confirmed from Cook that the expedited permitting will only refer specifically to these photovoltaic sites, and not other applications. Chair Freedman suggested that the CETF prepare visuals, including an elevation, depicting what a one-acre solar site would look like, as members of the public may ask for this, and visuals will also be needed to present and support the proposed bylaw at Town Meeting.
Cook explained that an area of land at the transfer station, along the perimeter of the outside fencing of the station, is currently being considered as a proposed site, and he agreed to have visuals available for the next PB meeting. The CETF feels that this site is of appropriate size, and well concealed from view. Freedman suggested the CETF review the proposal with the DPW Superintendent.
Lamere suggested that the Committee consider the back of the Banta Davis land, specifically the area in front of the detention basin, which would have good southern and eastern exposure. On discussion, the Committee agreed to consider this site, and said they could propose more than one site. Cook explained that the overall goal of these sites is to enable the Town to pay for the electrical costs to operate Town buildings. Planning Administrator
Mansfield pointed out that when the RFP for Wireless Facilities was developed a few years back
(for siting on Town owned land), the Banta Davis site was found likely to provide easier siting than the transfer station. Chair Freedman asked Mansfield to review the RFP documents with respect to this as the criteria for Wireless towers are different from Solar facilities.
The PB reviewed the draft proposed bylaw with the CETF. Building Commissioner Luther pointed out that the current Zoning Bylaws allow for as-of-right siting of residential solar sites on a roof or on the ground. It was agreed that the setback requirement (from lot lines and roadways) should be 40 feet as it is for all other types of structures. A height limitation was discussed, and Building Commissioner Luther indicated that a not-to-exceed 20 feet limit should suffice.
The site plan review (SPR) process for approval of these facilities was discussed. One possibility is for the BOS to hold responsibility for SPR with the PB having responsibility for certain aspects of an application. Vice Chair Epstein felt that the PB should have responsibility for the SPR of these solar sites, particularly due to their technical detail and requirements (and as recommended in the State’s sample bylaw), also noting that it is the PB that delves into the details (technical and otherwise) of SPR applications. However, he suggested that the process could be set up to designate responsibility for certain aspects to the PB and certain aspects to the Building Commissioner, with these aspects clearly specified and assigned in the proposed bylaw, while leaving overall responsibility to
the BOS. Building Commissioner Luther felt that the PB should have responsibility for the SPR process for these facilities. Chair Freedman shared Epstein’s concerns that it is the PB that scrutinizes an application and thereby gains the knowledge from which to make the recommendations on an application, but under SPR when the recommendations are forwarded to the BOS, they are under no obligation to enact them.
On discussion, since these facilities will be on Town-owned land, Epstein agreed that the BOS should hold overall charge for the SPR process for these applications, with the PB and the Building Commissioner being assigned specific points as spelled out in the bylaw. Lane agreed with this approach.
The PB and CETF reviewed the draft schedule of tasks for attaining “Green Community” status, including review of the draft bylaw by Town Counsel. Luther asked if PB representatives would attend the 11/15/10 CETF meeting. Chair Freedman suggested that Luther alert Town Counsel, via the Town Administrator, that the draft bylaw will be forthcoming, and also that he ask the BOS regarding funds for abutters list mailing and Mosquito advertising costs for the required PB public hearing. The PB agreed to incorporate the changes discussed into the draft and to provide them to the CETF by the end of the week. The CETF agreed to be in touch with the PB after the CETF meeting regarding approval of the draft bylaw by the Committee.
Epstein and Brown left the meeting at this point.
ANR Plan: 685 East Street, Map 25, Parcels 20 and 21, Kathleen Aldrich Briscoe, applicant
Planning Administrator Mansfield explained that this plan combines two 6-acre pork chop lots in common ownership into one pork chop lot, as only one house is present on the property. The new frontage will be 129 feet. Mansfield confirmed that the plans included all the required information.
Chair Freedman moved that the PB endorse as Approval Not Required the plan of land in Carlisle, MA prepared by Stamski and McNary, Inc. for Kathleen and Martha Briscoe dated August 6, 2010, combining Lots 20 and 21 into one 12-acre pork chop lot. Johnson seconded, and the motion was approved 5-0.
At 10:35 pm, Lane moved and Johnson seconded the adjournment of the PB meeting. The motion was approved 5-0.
Respectfully Submitted,
Gretchen Caywood
Administrative Assistant
Carlisle Planning Board
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