Town Meeting Vote for Acquisition of Parcel A
Draft dated 3/10/04


I move:

(A) that the sum of $[2,000,000.00] be appropriated for the acquisition by the Town of Carlisle by purchase, eminent domain or otherwise, in fee simple, for the uses described in paragraphs (C) and (D) below, as applicable, a certain parcel of land containing 45.23 acres, more or less (“Parcel A”), shown on a plan entitled “Plan of Land for Parcel A in Carlisle, Mass (Middlesex County), Prepared for South Street Nominee Trust,” Scale 1 inch = 100 ft., Prepared by Metrowest Engineering, Inc., endorsed by the Carlisle Planning Board as Approval Under Subdivision Control Law Not Required on September 29, 2003, and recorded with Middlesex North Registry of Deeds on October 27, 2003 at Plan Book 212, Plan 82 (the “ANR Plan”), together with all rights in the abutting way known as South Street (a copy of the ANR Plan marked with Overlay Districts and Designated Open Space Parcel as described below is attached to and incorporated in this motion and filed with the Town Clerk, and such marked plan is herein referred to as the “Plan”);

(B) that to meet this appropriation the Town accept the recommendation of the Community Preservation Committee to expend monies from the Community Preservation Fund as follows: (i) on or about April 1, 2004, the total sum of $500,000.00 (consisting of $92,111.60 from funds now deposited in the Community Preservation Fund Open Space Sub-Account, and the sum of $407,888.40 from funds now deposited in the Community Preservation Fund General (Unreserved) Sub-Account) on the condition that to meet the balance of this appropriation the Treasurer with the approval of the Board of Selectmen be, and hereby is, authorized to borrow $[1,500,000.00] in the form of a bond anticipation note (“BAN”) having a maturity date of one (1) year, and (b) on or about April 1, 2005, the total sum of $300,000.00 (consisting of the entire balance then deposited in the Community Preservation Fund Open Space Sub-Account and the difference from the Community Preservation Fund General (Unreserved) Sub-Account) on the condition that such sum be used to make a partial principal payment on the BAN and that, to refinance the remaining principal balance of the BAN, the Treasurer with the approval of the Board of Selectmen be, and hereby is, authorized to borrow $[1,200,000.00] in the form of a second bond anticipation note (“Second BAN”) having a maturity date of one (1) year and on the further condition that, (c) on or about April 1, 2006, the Treasurer with the approval of the Board of Selectmen be, and hereby is, authorized to borrow for the purpose of refinancing the Second BAN the sum of $[1,200,000.00] for a period of ten (10) years, the interest on the BAN and the Second BAN and the principal of and interest on such ten (10)-year borrowing (the “Bond”) to be repaid solely from the local surcharge collected under the Community Preservation Act to the extent allowable under Chapter 44B, and any gifts and grants received by the Town for the purposes of this Article;

(C) that the area marked on the attached Plan as the Designated Open Space Parcel, consisting of approximately 26 contiguous acres including the entire 24-acre interior meadow and wetlands complex located between Spencer Brook and the east-west running stone wall that bisects Parcel A and including an approximately two (2)-acre buffer strip along the easterly boundary of Parcel A north of such stone wall, shall be used as Open Space, as that term is used and defined in Chapter 44B, excluding developed athletic fields, but including without limitation passive recreational use such as community gardens, trails, picnicking, walking, jogging, dog walking, cross-country skiing, snowshoeing, bicycling, horseback riding, kite flying, wildlife viewing and outdoor education, and also including well fields, aquifers and recharge areas, agricultural land, grasslands, fields, marshes and other wetlands, streams, lands to protect scenic vistas, and land for wildlife or nature preserves, and including wastewater disposal fields used for housing developed on other areas of Parcel A if such fields do not substantially change the existing contours of the land;

(D) that the remaining 19.23 acres, more or less, of Parcel A shall be used only (i) for Recreational Use purposes as defined in Chapter 44B consisting of athletic fields and associated parking areas, roads, infrastructure and related amenities not inconsistent with Recreational Use purposes under Chapter 44B, and (ii) for Community Housing purposes as defined in Chapter 44B which contributes to the Town of Carlisle’s obligations under Chapter 40B, and associated parking areas, roads, infrastructure and related amenities not inconsistent with Community Housing purposes under Chapter 44B, such Recreational Use and Community Housing acreage, location and boundaries to be further delineated upon completion of the public master site planning process described in paragraph (E) below, or subject to the fallback plan described in paragraph (F) below, as the case may be; provided that in any case there shall be no more than one (1) developed athletic field and no more than 26 housing units on Parcel A, and provided further that the Parcel A Planning Task Force identified in paragraph (E) below may recommend that after housing and recreational uses have been sited and adequate provision has been made for future phases of development for the maximum usage set forth above, unused portions of the 19.23 acres may be designated as Open Space as defined in paragraph (C) above;

(E) that a Parcel A Planning Task Force, which shall include, but not be limited to, one representative from each of the neighborhood, conservation, affordable housing, planning and recreation communities, shall be appointed by and report to the Board of Selectmen upon the recommendation of the Community Preservation Committee, which, in developing its recommendations, shall consider all public nominations or recommendations for such positions that have been received in writing by such committee within thirty (30) days of adoption of this Article, and shall conduct or cause to be conducted a public master site planning process with respect to all portions of Parcel A, with specific direction that planning for Community Housing shall include as its objectives development of housing which (i) contributes to the maximum extent feasible toward the Town of Carlisle’s obligations under Chapter 40B, (ii) is phased in such a way as to contribute toward such obligations in as gradual a way as practicable that is also economically feasible and, together with other affordable housing production and additions to the Town’s subsidized housing inventory, meets planned production benchmarks under Chapter 40B, and (iii) is not immediately visible from South Street and is clustered so as to create adequate buffer zones between developed areas and the property boundaries for Parcel A, and that planning for Recreational Use shall include as its objectives development of an athletic field which maintains to the extent feasible a rural vista from South Street, and such Parcel A Planning Task Force shall make a report to the Board of Selectmen and Community Preservation Committee jointly, and, based on such report, the Board of Selectmen shall place an article on the warrant for the 2005 Regular, Annual Town Meeting for adoption by such Town Meeting, a recommended master site plan of acreage, uses, locations, boundaries, ownership, management, development and related capital planning for Parcel A and the component areas thereof which meets the requirements of Chapter 44B (but subject in all cases to the designated uses for the portions of Parcel A described in paragraphs (C) and (D) above); provided that the Board of Selectmen may place such article on the warrant for the fall 2005 Special Town Meeting if the Board of Selectmen, in consultation with the Parcel A Planning Task Force and the Community Preservation Committee, deems further planning to be necessary or appropriate, and if such postponement does not violate Chapter 44B;

(F) that if for any reason the 2005 Regular, Annual Town Meeting (or, if applicable under paragraph (E) above, the fall 2005 Special Town Meeting) fails to adopt the warrant article in substantially the same form recommended by the Board of Selectmen regarding the master site plan required by paragraph (E) above, then the fallback plan for Parcel A described in this paragraph (F) shall be immediately effective upon the close of the 2005 Regular, Annual Town Meeting (or, if applicable under paragraph (E) above, the fall 2005 Special Town Meeting), and in such case: (i) the land being shown as the Designated Open Space Parcel shall be used for Open Space purposes as described in paragraph (C) above; (ii) the land being shown in the approximate location of Recreation Overlay District on the attached Plan, consisting of 5.23 acres, more or less, shall be used for Recreational Use purposes as described in paragraph (D)(i) above; and (iii) the land being shown in the approximate location of Housing Overlay District on the attached Plan, consisting of 14 acres, more or less, shall be used for Community Housing purposes as described in paragraph (D)(ii) above, provided that the Conservation Commission, Recreation Commission and Housing Authority shall cooperate to achieve as many interdependent uses as practicable for all portions of Parcel A (not inconsistent with uses specified in paragraphs (C) and (D) above), with any disagreement not resolved in a reasonable time period to be conclusively determined by the Board of Selectmen, and provided further that actual development plans for athletic fields and Community Housing shall be subject to Town Meeting approval;

(G) that the Town accept the recommendation of the Community Preservation Committee that upon the adoption of the warrant article regarding the master site plan described in paragraph (E) above or the close of the 2005 Regular, Annual Town Meeting (or, if applicable under paragraph (E) above, the fall 2005 Special Town Meeting), the Designated Open Space Parcel shall be managed by the Conservation Commission, the portions of Parcel A designated by the adopted warrant article or by the fallback plan as Recreational Use shall be managed by the Recreation Commission, and the portions of Parcel A designated by the adopted warrant article or by the fallback plan as Community Housing shall be managed by the Housing Authority, and that prior to such time Parcel A shall be managed by the Board of Selectmen;

(H) that in satisfaction of the requirements of Chapter 44B, sec. 12: (i) the portions of Parcel A described in paragraph (C) above shall be subject to a permanent restriction in favor of the Carlisle Conservation Foundation, Inc. and its charitable successors and assigns as grantee which shall have the right to enforce the same, (ii) the portions of Parcel A designated by the adopted warrant article or by the fallback plan as Recreational Use shall be subject to a permanent restriction in favor of a nonprofit, charitable corporation or foundation selected by the Town of Carlisle, acting by and through its Recreation Commission and its charitable successors and assigns as grantee which shall have the right to enforce the same, and (iii) the portions of Parcel A designated by the adopted warrant article or by the fallback plan as Community Housing shall be subject to a permanent restriction in favor of a nonprofit, charitable corporation or foundation selected by the Town of Carlisle, acting by and through its Housing Authority and its charitable successors and assigns as grantee which shall have the right to enforce the same, and that the Board of Selectmen, in consultation with the Conservation Commission, the Recreation Commission, the Housing Authority, and the Community Preservation Committee, is hereby authorized and directed to grant and enter into such restrictions in such form as the Board of Selectmen finds necessary or appropriate and to take all other action necessary or appropriate to accomplish the foregoing, such restrictions to be recorded within six (6) months after the earlier to occur of (a) the completion of the master site planning process described in paragraph (E) above and the adoption of such master site plan by the 2005 Regular, Annual Town Meeting (or, if applicable under paragraph (E) above, the fall 2005 Special Town Meeting), or (b) the triggering of the fallback plan under paragraph (F), as the case may be; and

(I) that the Board of Selectmen, the Housing Authority, the Recreation Commission and Community Preservation Committee, and each of them acting singly, be authorized to discuss, apply for, obtain, accept and expend any and all federal and state grants, aid, matching funds, reimbursements or loans which may be available to defray the costs of acquisition of Parcel A and the conveyance of the permanent restrictions provided for above and to take all other actions and execute all such agreements, documents and instruments as may be necessary or convenient to accomplish the foregoing, and that during and after the pendency of the master site planning process described in paragraph (E) above the Housing Authority shall be further authorized to enter into negotiations with one or more not-for-profit corporations in order to begin to effectuate the development of Community Housing on Parcel A, all on terms not inconsistent with the restrictions set forth herein and the requirements of Chapter 44B.

(J) that the Board of Selectmen is hereby authorized and directed to acquire and hold title to Parcel A subject to the restrictions and conditions provided in this article, provided, however, that the Board of Selectmen is hereby authorized to convey to the Carlisle Housing Authority or its designee the portion of Parcel A designated by the adopted warrant article or by the fallback plan as Community Housing if, prior to such conveyance, the restriction required by paragraph (H) above has been imposed and the Parcel A Planning Task Force has recommended such conveyance as the most effective means to construct and manage Community Housing on such parcel and if such conveyance does not violate Chapter 44B;

(K) that the Board of Selectmen is hereby authorized to impose or grant such additional easements and restrictions as the Board deems necessary or appropriate to facilitate use and management of Parcel A consistent with this article, including without limitation access and right of way easements and utilities easements.

Separate Motion


I move that the Town accept the recommendation of the Community Preservation Committee to expend for the purpose of prepaying principal on the Bond referred to in the prior motion a sum equal to sixty percent (60%) of that portion of state matching funds received under Chapter 44B after issuance of such Bond which are allocable to the Open Space reserve or unreserved.

Separate Motion


I move that the sum of $50,000 be appropriated from the funds now deposited in the General (Unreserved) Community Preservation Fund to defray the expenses of master site planning for Parcel A, and that the Board of Selectmen, on the recommendation of the Parcel A Planning Task Force be authorized and directed to hire such planners, engineers, surveyors and other consultants as the Board of Selectmen shall find necessary or appropriate to assist the Parcel A Planning Task Force in such master site planning and to report on the same for action by the 2005 Regular, Annual Town Meeting (or, if applicable under paragraph (F) above, the fall 2005 Special Town Meeting);


Separate Motion

I move that the Town recognize the many years of service of Adalbert E. (“Ben”) Benfield to the Town of Carlisle, including his instrumental involvement in the permanent preservation of over 1,500 acres of open space and recreational land in the Town of Carlisle, and the generosity of the Benfield family to the Town of Carlisle, by the Recreation Commission’s installation of a permanent plaque or marker honoring said Adalbert E. (“Ben”) Benfield and the Benfield family and their generosity and service to the Town of Carlisle in an appropriate and readily visible location on the portion of Parcel A managed by the Recreation Commission.

Separate Motion

I move that $15,000 be appropriated as recommended by the Community Preservation Committee from the Community Preservation Fund Administrative Sub-Account to be expended by the Community Preservation Committee for administrative expenses.