-Gregor requested additional information from the Commission to indicate that previous public/private projects have negatively affected the TownGreg Meister explained that the Commission has available observations made from the Town's Monitoring Wells since 1998. Despite above average precipitation, groundwater levels have not responded accordingly. The Commission has promoted actions to try to recharge more water in Town. The Town has significantly strengthened water restrictions and also installed flashboards in ponds to try to slow the groundwater flow out of Town.
-Gregor proposes to review incentives in the Town's Zoning Regulations for Cluster Development and Density Bonuses regarding Affordable Housing Units. He will show the Commission examples where other Towns have woven together improved and more aggressive By-laws, Rules and Regulations, and have implemented coordinated permitting.
The Commission agreed with the concept of coordinating with other Town Boards/Committees to improve its By-laws and Zoning Regulations.
-Gregor stated that the Town of Barnstable received an exemption from a 40B Appeal due to an Affordable Housing Plan that was implemented and adopted by the Town.
-Gregor will prepare a list for the Commission highlighting suggestions and improvements to the Town's By-laws and Zoning Regulations.
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- Cliff Towner was present in the audience and inquired as to the legal process for securing a temporary injunction against proposed 40B Applications until an Affordable Housing Plan is implemented by the Town.
-Gregor explained that the Selectmen would need to vote to commit in a Massachusetts Court with the Town as the Plaintiff and, if a cause of action is found, to allege that a Defendant is violating a State Law then a suit can be filed to sue someone and if it is an equity case then the Town could seek an injunction.
An injunction requires proof that the Town has suffered irrefutable harm by the Defendant.
The Defendant would state that there are reprieves available. The Town of Sharon is below the State's 10% requirement for Affordable Housing. The Town has not covered their land with .75 percent of Affordable Housing Units and the Town has not implemented a Planned Production Plan for 40B Applications.
-Gregor requested any available information that would substantiate that the Town's aquifers have been negatively impacted. He indicated that the Town must acknowledge and publicize "the problem", and show what it is doing independently to address" the problem" as part of the strategy to defend denials of 40Bs. A strong housing production plan is needed that is appropriate for Sharon and protects the water resources. He will outline litigation strategies as part of the scope of work. (The Town must be prepared to deny the 40Bs that violate resource protection and be prepared to defend the denials.)
The Commission agreed to meet with the Consultant for a working session in July followed in September by a review of his proposal for protecting the Town's water supply from proposed 40B projects.
Peg called for a motion to sign the proposed scope of work submitted by the Consultant and to begin the proposed work.
Stephen Cremer moved. Katherine Roth seconded. Voted.Unanimous. 4-0-0.
8:25 p.m., Signatures:
The Commission signed bills.
8:30 p.m., N.O.I. Hearing continuance filed by Old Post Road LLC for the proposed construction of a residential development with associated roadway, utilities and stormwater management at 635 Old Post Road. DEP File # SE-280-462:
Abutters/interested persons were present in the audience. (See attached list.)
The Applicant, Steve Striar, was present. Erik Shadberg and Matt Long, Representatives from
Coler and Colantonio, Inc. appeared before the Commission to represent the Applicant.
Erik Shadberg explained that changes are proposed to the original plan to address the concerns of the Commission regarding the perennial stream identified as PEG3 and a potential vernal pool in the wetland area of the site adjacent to Spring Brook.
-The design of the proposed catch basin near PEG 3 has been revised and is located outside of the 100' Buffer Zone.
-1,900 sq. ft. of associated grade work for the proposed catch basin has been eliminated from the original plan. This reduces the total amount of grade work for the proposed project to 4,000 sq.ft. and moving it outside of the 25Greg stated that he visited the site with Mario DiGregorio to review the wetland line and perennial stream on the proposed property. Their inspection resulted in a favorable agreement to the ApplicantThe Commission agreed with the changes made to the original plan as proposed by the Applicant.
Peg requested that the proposed revisions be incorporated on a final plan and submitted to the Commission.
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The Commission asked the Applicant to consider recording a Conservation Restriction on the back portion of the property.
Peg gave the Applicant a copy of the Conservation Restriction boilerplate information to review.
The Applicant stated that he is only interested in incorporating language in the Comprehensive Permit that would allow for passive recreational use on the back section of the property.
Peg called for a motion to close the hearing pending receipt of the revised plan.
Stephen Cremer moved. Hank Langstroth seconded. Voted. Unanimous.
9:00 p.m., The Planning Board to discuss with the Commission Affordable Housing Development on Town Owned Land:
Present: Jane Desberg, Executive Director of the Housing Authority and Housing Partnership member. Alan Lury Housing Partnership member. Eli Hauser Planning Board member. Selectman David Grasfield.
Eli submitted an Affordable Housing Plan and discussed the development capacity with the Commission. Eli explained that The Town of Sharon has over 6,000 homes, of which, 10% of the homes need to be classified as affordable in order to comply with the StateFor the past 1 ½ years Eli has been working with Peter OThe following is a list of the criteria for selecting the proposed parcels:
-Is there a parcel near an existing road?
-Is the parcel buildable?
-Is it subject to Conservation control? (wetland)
9 Town owned parcels were selected which yield approximately 32 lots. Based on the Town's Zoning and CSD Applications, 32 and possibly 75 to 100 Affordable Homes could be achieved.
177 affordable units are currently under 40B proposals and LIP proposals. (Avalon Bay, Glendale Village, Old Post Road and HunterGreg asked what is the condition for the Town to attain the 1 year 40B reprieve from the State.
(Do the homes need to be approved or built to achieve the reprieve?)
Eli replied that the reprieve would be granted when the 40B project is permitted.
Eli explained that 150 homes from the proposed Avalon Bay Project would exempt the Town for two years from 40B proposals. All apartments built under a LIP proposal would be counted towards the affordable housing goal. All of the 150 apartments units that Avalon Bay is proposing would be considered affordable homes. Inclusionary zoning proposals would stipulate that construction for over 20 units would need to be 10% or 15% Affordable Housing.
If Mr. DeLapa builds apartments in the center of Town under a M.U.O.D. Zoning Regulation, all of the apartments would count towards the affordable housing goal.
Selectman David Grasfield stated that it is his understanding that Mr. DeLapa does not want to significantly revise his current development proposals.
M.U.O.D. Zoning would allow for apartments to be built at the Heights Plaza, ShawGreg stated that the Commission would be concerned if apartments were proposed at Heights Plaza and the ShawJane explained to the Commission that there would be development guidelines for developers regarding the style of homes to be built as affordable housing.
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In June the Planning Board proposes to submit a Production Plan document to the State outlining the layers of Town owned land, M.U.O.D. Zoning, Inclusionary Zoning and Selectmen sponsored local initiative projects, to achieve their affordable housing goal.
Eli presented the Commission a packet of information identifying Town owned and Conservation owned parcels proposed for the land swap.
The Commission agreed to review the parcels proposed by the Planning Board regarding an Affordable Plan for the Town and to continue their discussion with the Planning Board on June 2, 2005 at 7:45 p.m.
10:00 p.m., Approve Past Meeting Minutes:
Peg called for a motion to approve the April 7, 2005 Meeting Minutes as amended.
10:15 p.m., Adjournment: Peg called for a motion to adjourn.
Hank Langstroth moved. Katherine Roth seconded. Voted. Unanimous.
