Minutes: Board of Appeals, April 27, 2009
The meeting was called to order at 8:04 p.m. in the Town Hall, 66 Westford Street. Board Members Ed Rolfe (Chair), Kevin Smith (Vice Chair), Bill Morgan (Clerk), Manuel Crespo (Associate Member), secretary Julie Levey, members of the Carlisle Planning Board, Housing Authority, Board of Selectmen, and interested parties were present.
Rolfe introduced the members, outlined the agenda and confirmed procedural notification requirements. No changes were made to the agenda.
Rolfe moved to approve the minutes of the January 8, 2009 meeting. Smith seconded. The Board voted to approve the minutes 3-0-1 (Rolfe – aye, Smith - aye, Crespo – aye, Morgan - abstained as he was not present at the January meeting).
Morgan moved to approve the minutes of the April 6, 2009 meeting. Rolfe seconded. The Board voted to approve the minutes 2-0-2 (Rolfe – aye, Morgan - aye, Crespo and Smith - abstained as they were not present at the April 6 meeting).
The Board had no unfinished business.
A letter had been received from Frederick Bentley, 357 Brook Street, notifying the Board that he was planning on appealing the Board's decision granting of a special permit to Scott Jenney, 303 Brook Street, for the continued operation of a landscaping business.
Rolfe reported that Warrant 33 concerning solar and wind turbine bylaws will not be moved at Town Meeting.
Rolfe opened the hearing for the adoption of new Zoning Board Comprehensive Permit regulations and bylaws.
No correspondence had been received on this topic.
In response to Rolfe, Planning Board Chairman Greg Peterson , reported that at the request of the Carlisle Housing Authority, the Planning Board had met with the Carlisle Housing Authority and members of the Board of Selectmen. The Housing Authority requested that the adoption of the new BOA regulations for comprehensive permits remain open to allow for a discussion between Town Counsel and advisor on the new regulations, Atty. Jon Witten, and continued back and forth on the regulations between the Planning Board, the Housing Authority and the Board of Selectmen until Memorial Day, May 25th, 2009. Peterson said there were no objections from the Planning Board on this request.
In response to Rolfe, Peterson said that there were a number of legal questions on the proposed regulations requiring some back and forth between the attorneys and the Boards. Rolfe felt that the Zoning Board was currently unprotected and did not have up-to-date 40B regulations in place. He said the longer the Board went without new regulations the more concerned he was. Rolfe said the Board's options were to adopt the new regulations, continue the public hearing until a later date or deny the adoption of the new regulations. Morgan felt that waiting a month to insure the regulations were correct was worthwhile.
In response to Rolfe, Smith said that he would prefer to defer to the Planning Board on specific additions or feedback on the regulations at this stage.
The Board discussed timing of the continued hearing. June 15, 2009 was set for the continuation of the hearing.
Housing Authority Chairman, Alan Lehotsky said there was little risk of a 40B being submitted shortly. Lehotsky reported that the Benfield 40B project would probably not come to the Board before June. In response to Rolfe, Lehotsky said the goal for the Benfield application was to have it submitted as soon as possible to have it in the funding loop. Rolfe said he only had Lehotsky's word that the application would not be submitted prior to June 15th. Lehotsky reported that the septic test was scheduled for May 15 and given the length of time needed for an application to come in and that the Board of Selectmen would have to receive the application first, it was not likely to be before June 15th.
Lehotsky submitted and distributed copies of his March 31, 2009 letter to Doug Stevenson.
Peterson said that working meetings on the regulations would be initiated in the next week or two.
Lehotsky said that the accumulating regulations were a major concern. Lehotsky referenced Lincoln's 4 pages of 40B regulations ,adopted in 2002 and had not been changed since, as a comparison point. Lehotsky felt that ëless is more' and did not feel the town needed to adopt regulations that the State was not requiring. In response to Peterson, Lehotsky said that Lincoln had not met the 10% required affordable housing in 2002 but had now obtained the 10% affordable housing level.
Rolfe felt that if there were to be significant changes to the proposed regulations it was pointless to open the hearing to further discussion.
Alan Carpenito, 493 South Street, appearing as a citizen (not a Selectman), said that he felt the 40B regulations written by Atty. Witten were thorough and comprehensive. He said it was important to maintain the integrity of the zoning bylaws that were voted on by a majority of at least 2/3rds of the community as well as the current proposed bylaws and regulations and that the Housing Authority's interest was to move a particular project forward in the town.
Rolfe endorsed Planning Board and felt that the Planning Board will do their utmost to provide regulations to the Zoning Board of Appeals that are comprehensive and will protect the town's safety. He said the regulations are not likely to go from 10-15 pages down to 4 pages. Rolfe noted that the Planning Board had done the ëheavy lifting' on the project and that the Zoning Board needs help from other town boards on matters such as this. Rolfe assured the hearing that the ZBA will review the final regulations as a comprehensive matter.
Rolfe said the hearing would continue at 8:00 p.m. on June 15, 2009.
Selectman John Williams-said he was grateful to all parties involved. He felt it was worth spending a little more time to insure that the town had good regulations in place that were for the good of the community.
Smith moved to continue the hearing to June 15th at 8 p.m. Morgan seconded. The Board voted unanimously to continue the hearing (Rolfe – aye, Morgan – aye, Smith – aye, Crespo – aye).
Morgan moved to adjourn the meeting. Smith seconded. The Board voted unanimously to adjourn (Rolfe – aye, Morgan – aye, Smith – aye, Crespo – aye).
The meeting was adjourned at 8:31 p.m.
Respectfully submitted,
Julie Connor Levey
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