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
September 26, 2011
Minutes 9/12/11
Bills
Budget Open Meeting Law staff seminar
Associate Member Positions
Liaison Reports
Proposed Planning Board policy on noise control associated with land development construction
Discussion with Housing Authority and Affordable Housing Trust of proposed Affordable Accessory Apartment Regulatory Agreement
Review of draft informational brochure for renters and owners of Affordable Accessory Apartments
Review of draft FY12 Board of Selectmen’s Goals (Request of BOS Chair)
ANR Plan: 564 & 580 East Street (Map 23, Parcel 81), Richard D. Nickerson & Madge H. Nickerson Revocable Living Trusts, owners
Chair David Freedman called the meeting to order at 7:32 pm in the Clark Room of Town Hall. Members Michael Epstein, Tom Lane, Jonathan Stevens, Jeff Johnson and Planning Administrator George Mansfield were present. Members Marc Lamere and Nathan Brown were absent.
Gretchen Caywood (PB Administrative Assistant), Michael Bonenfant (Westford, MA), Cathy Galligan (BOH), Greg Peterson (Housing Trust), John Williams (Selectman), Alan Lehotsky (Housing Authority), Elizabeth Barnett (Housing Coordinator), and Mosquito reporter Anne Marie Brako were also in attendance.
Minutes
The PB reviewed the draft Minutes from 9/12/11, and a few revisions were suggested. Johnson moved to approve the Minutes as amended, Lane seconded and the motion was approved 5-0.
Open Meeting Law staff seminar
Planning Administrator Mansfield had provided a written summary of highlights of the open meeting law (OML) seminar to the PB. He explained that Counsel advised that notes taken at Board meetings should be retained even after Minutes have been finalized. He added that there still seems to be some uncertainty on this, and he will follow up with the Town Clerk.
List of documents on record used in the discussion of this topic (on file in PB office):
- Highlights of Open Meeting Law training 9/19/11
ANR Plan: 564 & 580 East Street (Map 23, Parcel 81), Richard D. Nickerson & Madge H. Nickerson Revocable Living Trusts, owners
Attorney Michael Bonenfant was present to represent the owners of this property. This ANR divides one lot into two buildable lots, both of which already have existing homes, and both of which are approximately 3 acres in size. The smaller structure (#580) is on Lot 7A, the main house is on Lot 7B. Attorney Bonenfant explained that the present owners purchased it in 1925.
Planning Administrator Mansfield explained that each of the two lots created has the minimum 250-ft of frontage on the public way, but since the existing circular drive would become technically split between the two lots, it cannot be used as a common Driveway, as special permit would be required. He and Bonenfant discussed that a divider could be placed at the midpoint of the circular drive to prevent its “drive-through” use. Bonenfant noted he is also aware that the location of the main house on the lot is non-conforming due to takings for the road right-of-way over the years, as the setback from the roadway is only 2 ft. Mansfield noted that the main house location is also non-conforming as it does not fit entirely within the building envelope (shown on the plan). These existing
non-conformities, however, do not preclude the endorsement of the ANR plan which appropriately depicts two new building lots conforming in frontage, acreage and shape.
Lane moved that the PB endorse the plan of land in Carlisle, MA prepared by Snelling and Hamel Associates Inc. for the Richard D. Nickerson Revocable Living Trust and the Madge H. Nickerson Revocable Living Trust, stamped and dated September 16, 2011, as approval not required. Johnson seconded and the motion was approved 5-0.
List of documents on record used in the discussion of this topic (on file in PB office):
- ANR Plan: 564 and 580 East Street.
Proposed Planning Board policy on noise control associated with land development construction
Chair Freedman summarized that at the last PB meeting, the PB had noted that it received feedback received from resident Ginny Lamere, BOH member Cathy Galligan, Building Commissioner John Luther, and Concord resident Klaus Kleinschmidt (see PB Minutes of 9/12/11). The BOH had discussed the draft policy at their meeting of 9/20/11, which PB member Lamere attended. Lamere had provided a written summary of the discussion to the PB. BOH Chair Jeff Brem had also provided written comments and suggested revisions. Chair Freedman had prepared an updated draft document, dated 9/23/11, containing revisions reflecting the input received from all parties and addressing most of the BOH comments.
Chair Freedman explained to BOH member Cathy Galligan that the approach to the draft Noise Policy takes into consideration that the PB’s power regarding noise control is based in its permitting role, and that the PB has no power to issue “stop work” orders or to levy fines. The PB’s Noise Policy is therefore tied to the PB’s Subdivision Regulations and various Special Permit Regulations by the fact that Attachment D of all of these Regulations sets out the required content of a Construction Management Plan (CMP) that must be submitted by the developer, and one of the items that must be addressed in that plan is noise control. He added that the CMP is a baseline document that the PB and its review engineer use to help guide compliance (to PB Rules and Regulations) on a development
project. The Noise Policy will provide guidelines as to what the PB expects a developer to address with regard to noise control within the CMP. In this way, is the proposed Noise Policy would be included in all the PB’s Rules and Regulations (Subdivision, Common Drive, Conservation Cluster, etc.) by reference, without modifying each set of Regulations. The PB would, as necessary, work with the developer to develop alternatives to help minimize construction noise primarily in the removal of ledge. Chair Freedman further explained that the use of a peer review engineer that is paid for by the developer, but reports to the PB, motivates the developer to accept direction from the engineer.
Galligan said that the BOH was in agreement with the proposed Noise Policy approach, as it sets the tone up front on a construction project. She added that the BOH Chair suggests more precision in the Policy language, as noted in his written comments and revisions (see document list below). She added that the BOH understands that it has some enforcement power per Mass General Law Chapter 111, Sect. 122, and that the approach suggested by the PB should be a useful one for any reasonable developer.
Vice Chair Epstein asked what rights the PB would have during the construction process if a developer violated the CMP, for example by not providing periodic required information. Planning Administrator Mansfield said that the Building Commissioner has the most power in this case, and that the PB can request that he issue a “stop work” order (item IIIG in the Policy). Chair Freedman asked Mansfield to speak with the Building Commissioner to confirm his powers and responsibilities in such a case. Mansfield also reported that the PB’s consulting engineer Steven Ventresca (Nitsch Engineering) had reviewed the latest draft and reported that the “Policy appears appropriate”, but noted that the Earth Transfer Bylaw provisions (Article VIII of the Carlisle General Bylaws) should be
observed if large boulders are moved off-site.
The PB then reviewed the revised draft Noise Policy dated 9/23/11. A few revisions were proposed and accepted by the Board. Chair Freedman pointed out that Section III.C. of the Noise Policy, concerning noise mufflers on construction equipment, was based on the suggestion of Klaus Kleinschmidt, Concord resident and retired engineer. Once revised, the new draft will be circulated to pertinent departments, for their final input, along with a memo regarding the PB’s planned public meeting discussion of this topic (scheduled for November 21, 2011 at 7:45 pm). Chair Freedman also asked the Planning Administrator to notify–at the appropriate time in November— other parties of the planned public discussion, such as major developers working in Town and review engineering firms, as well as
abutters to the Chestnut Estates project (near 400 Rutland Street, and currently under construction), some of whom have provided input on this document.
Epstein asked BOH member Galligan if the BOH had considered developing a noise regulation or bylaw. She said that while it was considered, since work at Chestnut Estates seems to have posed the first major construction noise issue that has been brought to the attention of the BOH, they felt it was not necessary, and would like to see if the PB approach of a Noise Policy works. She pointed out that a bylaw development should involve a full scientific assessment of background noise levels around town at various times of day, etc.
List of documents on record used in the discussion of this topic (on file in PB office):
- Policy for Noise Control – revised draft – dated 9/23/11
- Jeff Brem edits to 8/2/11 draft Policy for Noise Control – edits dated 8/3/11
- Email from Marc Lamere to the PB dated 9/20/11 reporting on noise discussion at 9/20/11 BOH meeting.
Discussion with Housing Authority and Affordable Housing Trust of proposed Affordable Accessory Apartment Regulatory Agreement (RA)
Present for this discussion were Housing Trust (HT) member Greg Peterson, Housing Authority (HA) member Alan Lehotsky, Selectman John Williams and Housing Coordinator Elizabeth Barnett. Chair Freedman pointed out that while this item was not on the noticed Agenda, the PB received a request today from the HA to discuss the AAA RA at tonight’s meeting, and that, since the AAA Brochure was on the noticed Agenda, this was not an entirely unexpected topic.
Chair Freedman reviewed the past few months of work on this document since its detailed discussion at the 6/27/11 PB meeting (detailed in PB Minutes of that date) where several issues were agreed to. He added that Planning Administrator Mansfield and Housing Coordinator Barnett had recently discussed and resolved a number of outstanding questions on the RA, including the number of family members vs. number of bedrooms in a unit, and they had agreed that 4 persons was a reasonable limit on a 3 bedroom unit in order to maintain the residential character of a neighborhood. He said that the PB had not discussed this as a board and that he understood that the attendees wished to discuss this point with the PB.
Peterson noted that for a 3 bedroom unit, which the PB suggested adding to the document, the Department of Housing and Community Development’s (DHCD) guidelines would allow 6 people (2/bedroom). Chair Freedman said that the suggested limit of 4 was partly responsive to restrictions in the Bylaw as well as an expressed desire of the Housing Coordinator to minimize the impact on a neighborhood. He added that HT’s Counsel had proposed suggesting (to DHCD) a limit of 3 people for a 2-bedroom unit, and following that definition, the PB suggests a 4 person limit for a 3-bedroom unit. He noted that this was also consistent with the proposed brochure text that had been provided to the Board wherein it refers to household size as calculated as the number of bedrooms plus one. Peterson said that he and
HA Chair Lehotsky have agreed to submit the proposed Regulatory Agreement to DHCD with a 4-person maximum, although there is no guarantee that the DHCD will agree to that proposal. Freedman said that if the DHCD will not agree to the number (or to any other provision in the draft to be submitted for their review), he understands that the HA and HT will work with the organization to come to an agreement on acceptable language and will keep the PB apprised of DHCD’s response.
List of documents on record used in the discussion of this topic (on file in PB office):
- Notes from Planning Administrator Mansfield regarding discussion with E. Barnett re the PB’s questions on the Regulatory Agreement (dated 9/23/11)
Review of draft FY12 Board of Selectmen’s Goals (Request of BOS Chair)
Chair Freedman said that the PB had received a request from the BOS for comments and input on the BOS’ FY12 Goals. Given the request from the BOS Chair for feedback by this evening, Freedman had drafted his comments and suggestions for the Board’s consideration and to assist Mansfield in preparing a response at the end of meeting. These were circulated to the PB and discussed, and Freedman asked for their input on the BOS goals.
Epstein suggested that regarding BOS Goal VII.1. (visioning session re land use management), the PB should request to participate as well. The PB agreed that this would be important. Concerning BOS Goal III.1. (annual review – town departments), the PB agreed that there should be a review process for “non-major” (e.g. PB) as well as major departments (Fire Police), and that the Boards should have a chance to provide its input in reviews of other departments and upper management as well.
Chair Freedman offered to revise the PB Comments document and forward it to the Town Administrator and the BOS Chair.
List of documents on record used in the discussion of this topic (on file in PB office):
- FY12 BOS Goals – PB feedback, draft dated 9/26/11
- Email from BOS Chair Stevenson requesting input on BOS Goals – dated 9/23/11, attached to document entitled “FY12 Board of Selectmen Goals”
Review of draft informational brochure for renters and owners of Affordable Accessory Apartments
Chair Freedman asked for the PB’s comments on the latest draft of the AAA Program brochure, dated 9/26/11, and including the edits made by Mansfield and himself over the past month or so. The PB had also been provided with a summary of the PB comments, questions, and substantive proposed edits. Freedman noted that the brochure had been reorganized from its original proposed format into separate sections containing information for renters and information for AAA owners. On review, only two minor additional edits were noted. Planning Administrator Mansfield will amend the document and forward it to the HA.
List of documents on record used in the discussion of this topic (on file in PB office):
- Draft document entitled “Town of Carlisle Affordable Accessory apartment Program” dated 9/26/11.
- 9/26/11 document entitled “Brochure with information for Owners and Renters of AAA, Summary of PB comments, questions, and substantive proposed edits” (draft)
At 9:35 pm, Johnson moved and Stevens 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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