TOWN OF SHARON
PLANNING BOARD

Minutes of a Meeting of the Planning Board held on April 2, 2003, at 8:00 p.m., in the Town Offices.

		PRESENT:	Arnold Cohen, Chair
				Joel Tran, Vice Chair
				Nadine Ostrow, Clerk
				Samuel Solomon
				Regina Maniscalco
				Peter O’Cain, Assistant Town Engineer

Business Transacted:

I.	Meeting called to order.  The Minutes of the March 19, 2003, meeting were reviewed and accepted with corrections.

FORM A PLANS
None.

SIGN REVIEW
None.

II.	GLENDALE VILLAGE 40B DISCUSSION

Mr. Skolnik of Billings Street told the Board he had moved into this area in 1988.  Since that time, there had been two attempts at development of this parcel.  The proposed developments have always been rejected by prior Boards.  Some of the reasons for the rejections were whether the applicant had legal access to the area where Glendale and Glenview merge; exceeding the allowable number of houses on a dead end street; 

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						       Administrative Assistant
Minutes of Meeting                            Page Two                          April 2, 2003

turning radius on a lane; numerous conservation issues; concern by the Fire Chief of the steepness of Robb’s Lane; runoff issues.  He distributed a list of all issues previously raised to the Board.  The reason for supplying this information was to enable the Board to submit as complete a submission as possible regarding the 40B filing. 

Mr. Solomon raised the following issues that needed to be addressed in the Board’s report to the Selectmen:
---the intent to keep the existing dwelling creates a non-conforming lot; this house would have to become part of the 40B filing, which would change the number of lots in the subdivision to 33 and not 32.  This would change the amount of sewage and may kick in the need for a sewage treatment plant.
---water retention – has to remain on the parcel.  
---underground detention facility.
---issues with the way some of the detention basins have been designed.
---no sidewalks shown.
---water looping.

Mr. Tran listed several other issues he thought should be added to the Board’s report:
---status of the cart path shown on plans.
---maintenance of the Massapoag trail.
---no emergency egress – narrow street with 32 units and no secondary egress.
---there is only one access point from Crest Road which will have an additional 100 units.

Ms. Cheyer, an abutter, also added that they are proposing retaining walls. They are shown as being 10’ tall, which makes them structures.  There are not supposed to be any structures built in the buffer, which they show here.


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The Board was going to draft a letter to the Selectmen regarding this filing.

III.	DISCUSSION WITH TREE WARDEN

Kevin Weber, the tree warden, came to discuss the scenic roads public hearing that was going to take place at the next meeting.  
Mr. Weber said that the cutting down of trees was proposed by Nstar.  They are trying to be pro-active in removing and pruning trees to remove growth under their utility wires.  The way pruning is done now causes trees to become unsightly.  

All trees on the seven streets noticed are marked with blue paint.  There are 500 trees scheduled for removal that are between 1-1/2” to 5” in diameter.  A lot of the areas are wooded and Nstar just wants to clear under their lines.  The larger trees scheduled to be cut are either dead or a danger.  Nstar will have a full presentation prepared for the public hearing.  Mr. Weber said that this type of pro-active program had already been done in Medfield.

Mr. Tran suggested that Mr. Weber might want to speak with the Medfield tree warden to see if they have any complaints about how this was carried out in that town.

IV.	HEINBERG ZONING

Mr. Cohen explained that he had spoken with Lisa Whalen of Town Counsel’s office to determine if this change would be considered “spot zoning.”  She explained that because the article was not rezoning the parcel, but just requesting a change in its accessory use, it is not considered spot zoning.  





Minutes of Meeting                          Page Four                           April 2, 2003

Mr. Cohen also said he had attended the Finance Committee meeting and gave a status report on this article.  There was some question as to the way this article was worded, indicating it may cause confusion.  After further discussion, it was determined the wording was adequate.

Mr. Cohen explained that the Board had to determine whether or not it would recommend approval of this article to Town Meeting.  The Board may want to consider putting a restriction or define the number of parking spaces that could be added.  Mr. Cohen said that he was inclined to recommend approval of this article, as it would add a few tax dollars to the Town and wouldn’t really hurt anyone by the addition of these parking spaces.  He didn’t see any real downside to allowing this to go forward.  The objection of the abutters was not that solid and he didn’t see any harm in what the applicant was proposing to do.

Ms. Maniscalco said that there had been a great deal of discussion by the Board about changing the zoning of this entire area.  If the Board recommends approval of this, she is concerned how it will affect the Board’s wanting to change the area to a professional district overall.  She is concerned about setting a precedent and about what ramifications it may have on other parcels in Town and about rezoning that entire area.  She feels that the Board had vetted this as much as any board should and would support moving ahead and recommending approval at Town Meeting.  She does wish to express her disappointment that something could not be worked out to obtain additional parking spaces behind the doctor’s office as opposed to going through all this.

Mr. Tran said that he was concerned about creating a commercial use on a residential lot.  Other businesses that have run out of parking spaces have rented spots from their neighbors.  



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Mr. Cohen suggested that the Board take a vote on this matter and consider offering an amendment at Town Meeting to indicate how many space could be allowed.

Mr. Solomon said that he had mixed emotions about this matter.  The matter of additional parking does need to be addressed.  He does not like the idea of mixing commercial and residential uses on a single lot.  He is not completely comfortable with this.  He is also concerned it would set a precedent that could affect the entire area.  He would prefer taking a comprehensive look at parking in general in this district and is hesitant to create a situation that would allow parking on an accessory parcel that is in a residential area.  If he were to support this, limiting the number of spaces would be useful.  

Mr. Tran said that this was a situation where you have a use on one parcel to accommodate another parcel.  This could include not just parking but anything in general.  He feels it could be addressed in a better way by doing it globally.  He did not like the idea of a dual use on a lot, especially since it includes 20+ spaces on a lot which is over-used in a residential district.

Ms. Ostrow agreed with Mr. Tran – adding 20 spaces to what is already there is not what she would like to see.  She would like to see a more comprehensive plan and not setting a precedent that could look like the Board is making an exception for one person.

Discussion having been completed, Ms. Maniscalco moved that the Planning Board recommend approval to Town Meeting of the Heinberg Warrant Article to change Section 3112 of the Zoning By Laws.  Seconded by Ms. Ostrow.  Voted:  Two in Favor (Mr. Cohen; Ms. Maniscalco); Three Opposed (Messrs. Tran, Solomon; Ms. Ostrow).

V.	There being no further business before the Board, the meeting was adjourned at 10:30 p.m.