The Carlisle Mosquito Online

Friday, February 5, 1999


Flood zone lines in dispute on Treibick plan

In sagas that have continued to be continued, the planning board had no easy answers for landowners Theodore Treibick and the Valchuis brothers who are struggling to push their building projects forward.

On January 25, Jacob Diemert, attorney for Theodore Treibick, appeared at the continuation of a public hearing regarding a special permit for a common driveway to serve five lots at 138-142 East Street. This followed a site walk, held the morning before, to acquaint all interested parties with the terrain. "We have made revisions as requested by the board," stated Diemert. Eric Durling of R. Wilson & Associates displayed a site plan to the board and explained the changes.

The most notable change was at the entrance to East Street. "We'll limit the grade to two-percent during the first 50 feet," said Durling. "It requires seven feet of fill, guardrails because of the seven-foot drop, and some filling of the wetlands." Durling indicated that the driveway drops off on either side with a 45-degree slope and must be supported with stone. "But now it meets your requirements," he firmly stated.

Durling also indicated that the cul-de-sac slope no longer exceeds the two- percent limit and then took exception to the claim of town engineer, LandTech Inc., that portions of the common driveway are located within the 100-year flood plain. "Flood hazard zone lines are shown incorrectly on the assessor's maps," he said. "FEMA (Federal Emergency Management Agency) maps do not indicate the flood zone to be in the area of the proposed common drive." This caused considerable controversy and prompted LandTech to respond that a determination from the board of appeals may be required to show the exact location of the flood hazard district.

Since the uses permitted within the flood district have an impact on the special permit application, LandTech felt that the exact location of the district boundary should be outlined before further action on the application is taken. Abutter Bill Cuccinello of East Street added, "One part of that driveway becomes a pond every spring. I'm concerned about what this new driveway might do to my property," he said.

The public hearing will continue at the next board meeting to give Treibick and his attorney time to review the latest LandTech responses.

Berry Corner Lane still in court

Attorney Anne Sobolowski, representing the Valchuis brothers, is the latest legal counsel to become involved in the long-simmering Berry Corner Lane dispute. She was accompanied by Joe March of Stamski and McNary, who presented his revised plans for upgrading Berry Corner Lane to common driveway standards. March reviewed the changes, which now showed the required turnaround, surface, and drainage to be qualified for acceptance. "The revised design is based on comments by town engineer, LandTech," explained March.

"Conceptually, the plan is okay with the board," stated member Epstein. Chair Tara Hengeveld then asked the delicate question, "How are you going to construct this?" The residents, who own Berry Corner Lane, do not want their roadway to be upgraded to common driveway standards, even if Valchuis pays for it. The planning board can't approve the Approval Not Required plan for Valchuis's lot unless the lane is upgraded. Valchuis can't upgrade the roadway to common driveway standards unless all the owners agree. "This will all be addressed at the January 29 settlement conference at Land Court," asserted Sobolowski.

Auto body shop

On a positive note, Bill Luther presented his plans for rebuilding the Carlisle Auto Body shop. The board loved the proposal and voted unanimously to recommend the site plan. The next meeting of the planning board is scheduled for February 8.

1999 The Carlisle Mosquito