TOWN OF CARLISLE
OFFICE OF
Zoning Board of Appeals
66 Westford Street
Carlisle, MA 01741
978-369-5326
Minutes: Board of Appeals, January 8, 2009
The meeting was called to order at 8:01 p.m. in the Town Hall, 66 Westford Street. Board Members Ed Rolfe (Chair), Kevin Smith, Associate Manuel Crespo, secretary Julie Levey, Carlisle Building Inspector John Luther, applicant and interested parties were present. Manuel Crespo sits as a full member for this hearing.
Rolfe introduced the members, outlined the agenda and confirmed procedural notification requirements. No changes were made to the agenda.
Other Business: John Luther reported that he had heard from a potential buyer of the Animal Hospital and wanted to discuss it with the Board. Rolfe requested that this be discussed at the end of the hearing.
The Board reviewed the December 4, 2008 meeting minutes. Crespo moved to approve the minutes of the December 4, 2008 meeting. Smith seconded. The Board voted unanimously to approve the minutes 3-0 (Rolfe - aye, Smith - aye, Crespo - aye).
The Board had no unfinished business.
Rolfe opened the hearing for Case 0901, the application of H. Larue Renfroe, South Street Realty Trust: Review of conditions of the special permit in effect (Case 7902, Amended April 5, 2007-Case 0705) under zoning bylaw section 7.2, located at 84 South Street (Assurance Technology Corporation).
Jack Leonard appeared before the Board for the applicant. Leonard is the Controller for Assurance Technology. Assurance Technology has been in business at the South Street location for 30 years. There are currently 72 employees and a typical day has about 50-55 employees at the site. Leonard reported that the company is in compliance with all the requirements and conditions in the issued Special Permit. The company has limited foot traffic. The company is a government contractor and has minimal client visits. Currently the company is below the maximum allowable employees of 88. Leonard explained that there are two residential units in the barn on the property and the brick-end building is being renovated to office space to alleviate crowding in the current
main building.
Chip Orcutt, Assurance Technology Property Manager, also attended the hearing. In response to Rolfe, Orcutt said that both floors of the brick-end building will be used for office space. The main building and brick-end building will be connected. Orcutt said the brick-end building renovations would allow for more space for employee work space, conference rooms and secure rooms - as needed depending upon contracts that are awarded.
Rolfe requested, although did not require, that the applicant consider, in the future, providing data on the average number of people traveling to and from the site per day, over the course of a month, to get a feel for traffic flow, as an increase in traffic flow had been an issue previously raised in conjunction to granting an increase in the number of employees as well as in connection with both South Street as a commuter route and with the potential future use of the Benfield Property for affordable housing.
In response to Rolfe, Leonard said that nothing in the operation was injurious or dangerous to the public health and that such effects (specifically noise, vibration, gas) as are observable at the lot line are not detrimental to neighboring property.
In response to Crespo, Leonard explained that the company was an engineering company working on satellite instruments for government organizations such as the Navy and NASA.
There were no further questions and Rolfe acknowledged Assurance Technology as a good neighbor and that no concerns/complaints had been received regarding the operation.
There being no further discussion, the hearing was closed at 8:17 p.m.
The Board discussed the application and determined that it was appropriate to continue the special permit with the current conditions and to review the permit in 5 years.
Findings:
The Board finds that:
- The board felt that the ongoing situation was working for the applicant, abutters and town.
- Any change, either in the holder of the permit or the conditions, requires review by the Board of Appeals.
- The 5 year review period will not be changed.
- The operation and use are not contrary to the best interests of the town.
The Board voted (3-0 - Rolfe - aye, Smith - aye, Crespo -aye) to approve the ongoing special permit to H. Larue Renfroe, with a new 5 year review period for the operation of professional offices at 84 South St., with the same conditions issued in February 2004 (Case 0401). The permit is subject to the following conditions.
Conditions:
1. The parking area shall conform to the plan transmitted to the Board by letter dated February 8, 1979;
2. As a control on traffic generated by visitors, the professional office uses, by the grantee of this special permit, by employees of the grantee, or by others, shall be limited to those businesses whose visitors (customers, clients, vendors, subcontractors, etc.) are normally representatives of other business or governmental agencies and not individual members of the general public.
3. As a control on traffic generated by workers, the number of people working at the location shall not exceed 88;
4. This permit shall expire on the fifth anniversary of any decision by the Board of Appeals resulting from review of conditions placed on the special permit use, unless at least sixty days before such fifth anniversary, application shall have been made to the Board for a review of the adequacy of the conditions herein imposed, including the right, in connection with such review, to delete or extend any of them and to impose new additional conditions consistent with the continued use of the premises for the purposes authorized by the special permit.
Rolfe informed the board that a letter had been received from CHAPA (The Citizens Housing and Planning Association) regarding the 40B complex located at Rocky Point, Lowell Road, stating that the project had not yet been audited by the organization. Rolfe noted that in future projects the Board should insure that the project had been audited by Chapa prior to releasing all bond funds. Smith informed the Board that Chapa had issued new 40B regulations in 2006. Smith recommended that the Board request the Developer's Report from CHAPA.
Luther said that he had received a request regarding the Carlisle Animal Hospital. Luther said a potential buyer had asked if he could come before the Board for a special permit prior to purchasing the property. The Board discussed the request and indicated that the potential buyer could request the special permit prior to purchasing the property so long as he could demonstrate that he had the authorization of the owner to make the application through an enforceable purchase and sale agreement or some other agreement.
Smith moved to adjourn the meeting; Crespo seconded. The Board voted unanimously 3-0 to adjourn (Rolfe - aye, Smith - aye, Crespo - aye).
The meeting was adjourned at 8:40 p.m.
Respectfully submitted,
Julie Connor Levey
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