TOWN OF SHARON
PLANNING BOARD
Minutes of a Meeting of the Planning Board held on September 3, 2003, at 8:00 p.m., in the Town Offices.
PRESENT: JOEL TRAN, CHAIR
SAMUEL SOLOMON, VICE CHAIR
REGINA MANISCALCO, CLERK
NADINE OSTROW
ELI HAUSER
PETER O’CAIN, ASST. TOWN ENGINEER
Business Transacted:
I. Meeting called to order.
FORM A PLANS
None.
SIGN REVIEW
None.
II. PINE GROVE ESTATES
Mr. Brodmerkle of Toomey/Munson, engineer for the project, met with the Board. He explained that this definitive plan was derived from the disapproved preliminary plan previously submitted.
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Administrative Assistant
Minutes of Meeting Page Two September 3, 2002
The applicant was submitting two plans: the compliance plan which shows that the subdivision can be built to subdivision standards; a waiver plan, showing what the applicant actually is requesting be built.
The subdivision consists of three lots – two new ones being created and one already existing. The waiver plan shows the same layout as the compliance plan with the following differences:
· A common driveway to service the two new house lots
· The driveway will remain a private way
· Lot sizes are the same on both plans
· Could downsize the drainage lot because there will be less runoff
· There are no wetlands on the site and there is no drainage outlet
· A 14’ hammerhead turnaround is shown in place of a cul-de-sac
· Two driveways off of the private road will service the two new homes.
Mr. Tran told Mr. Brodmerkle that the Board would require a letter from the Fire Chief indicating that he is comfortable with the size of the roadway and the hammerhead turnaround. He also inquired about the existing septic system, since this area is in a well-protection area. Mr. Brodmerkle answered that they are putting in a new septic system to get it out of the 400 foot buffer.
Mr. Solomon inquired about the ownership of Parcel A, which is the detention basin. Mr. Brodmerkle answered that it could be deeded to the Town or the homeowners, whichever the Board preferred. Mr. O’Cain said that in this instance it probably should not be deeded to the Town. However, the homeowners will need to have an agreement in place agreeing to the maintenance of the basin. Mr. Solomon also said that he would like to see a tree plan and at a minimum, street lights at the entrance to the street.
The public hearing for this matter was set for September 17.
Minutes of Meeting Page Three September 3, 2003
III. ZONING CHANGE LANGUAGE
Before the Board went on to discuss proposed language to change the zoning in the Cobb’s Corner area, Ms. Pitman, owner of the Cobb’s Tavern, asked to say a few words.
She said that she was disturbed to learn that the Board was considering rezoning the Tavern to put it in a commercial or professional zone. The Tavern had significant historical background and was on the register of historical homes in a historical district. She said that she moved to Sharon looking for greenery, a good school system for her children. She was attracted to this house because of its historical value and has spent the last three years restoring and beautifying the property. She said she felt it was a privilege to live in this house. The thought of anything going into this home other than a private residence where the history can be maintained is heartbreaking. It would be the destruction of a national landmark. She was greatly opposed to the rezoning of
not just this parcel but of the entire area, as the residents who lived there loved their properties and were not eager to give them up to commercialism. Many of them were also at the meeting and would back her up. She hoped the Board would reconsider this rezoning and leave the area as it was.
Ms. Maniscalco explained that the Board still has many issues to think about before proceeding with a proposal to rezone this area. There is a great deal of traffic here already, as there are many stores, etc., already on both corners across the street. She asked Ms. Pitman that if the Board were to rezone these parcels, does she really think the minimum amount of traffic added would dramatically increase the traffic? Ms. Pitman answered that it would increase the amount of traffic going in and out of North Main Street. She said that you could see a big difference in the traffic when you cross out of Sharon.
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Mr. Tran said that the Board understood the historical significance of the property and that it was a valuable asset for the Town of Sharon and the people in its surrounding areas. However, the Board has a different vision than Ms. Pitman does. She is looking at the worst case scenario. There could be a stipulation that the Tavern could be physically picked up and moved to some other area in the Town. If that were done, the remaining seven or eight homes could be removed and the area turned into a commercial area. It would have a positive impact for the Town in tax generation. As for the traffic in the area, Mr. Tran said that there was a huge shopping mall already in Cobb’s Corner, two gas stations, and another smaller shopping center. The area is
basically a commercial one with these few houses backing up to it. The transition of this area has been ongoing for many years, with this small pocket of homes remaining.
As for notification of this change, which Ms. Pitman felt was lacking to the residents of the area, Mr. Tran explained that the Board had been approached by several area landowners for different issues. That is why letters were sent to them regarding rezoning. They were asking the Board to consider some zoning changes and the Board was exploring different avenues for rezoning at that time. Since then, the Board has had further discussions and is looking at more areas of rezoning. Letters have now been sent to the abutters of these areas and a formal public hearing will take place some time in October regarding this issue. The Board tries to do everything properly and apologizes that this was not brought to the abutters attention earlier. It is each homeowner’s
prerogative to sell or not. Even if these parcels are rezoned, no one has the right to take anyone’s property.
Mr. Solomon explained that the Board has been looking at ways to help lower taxes in the Town. The increase in taxes in the last several years has created hardships for many people in the Town, especially the elderly. Although everyone loves Sharon for its greenery, the Board was asked to consider what could be done to mitigate the situation. The Town made the decision to limit commercial development and the Board will not
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be in a position to greatly reduce people’s taxes. Small steps to limit the need to increase services can be taken to make things better. The Board has to look at areas that would be most conducive to commercial development – one is Edgehill and Route 27, and another is the Cobb’s Corner area. The Board has to take into consideration what could be done in those areas. Some of the things the Board looks at are the proximity to existing commercial areas, access to major roads and highways. The rezoning would have to create some benefit to the Town as a whole.
Mr. Tran further explained that the Board primarily wanted to start discussions about these changes with other Town Boards, and discussions will continue over the next several months. The idea was to start off with those people in the Town who are responsible for planning and running the Town. There are currently too many areas in the Town where the Town is losing control because of 40B’s being filed. The proposed changes would not eliminate the by right use of any homes.
From a legal standpoint, the Board has to have a formal public hearing before bringing this issue before the Town at Town Meeting. The Board is trying to get as much information and feedback to determine what, if anything, the Board wishes to bring to Town Meeting. The Board has not as yet determined what it is going to do with these proposed changes.
Mr. Newman of Bay Road informed the Board that at some point Bay Road is going to be rebuilt. The engineering for this is complete. The proposal enhances the historical and environmental issues, including Bay Road as a historical byway to Narragansett Bay. So there is some historical interest in Bay Road also. He further suggested that the Board craft a plan for this area that would enhance the Tavern rather than detract from it. There are ways through zoning that would allow archeological controls and buffer zones.
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Another resident of the area was concerned that they would not be able to replace their residences in Sharon if they are paid fair market value. They will be forced to move quite a bit south of Sharon to be able to purchase something comparable.
Mr. Tran explained that this is already more of a commercial area now than a residential area. You have all the requirements of a commercial area, such as access to major roadways, other businesses, heavy traffic. These are the qualifications that make up a commercial area and that is one of the reasons the Board is looking to rezone this area. He also noted that the rezoning doesn’t change anything immediately – it just allows it to happen some time down the road.
Another resident was concerned about the property value of the homes on the fringe of the zoning change. A Walgreens would have a negative impact on their property. Mr. Solomon explained that the Sharon Green condominiums on one side and Nasir Ahmed Road on the other would act as buffers to any commercial development.
Mr. Hauser explained that recently the average homeowner has seen a 5-8% increase in his taxes, with approximately 85% of the taxes going to the school department. Many people are expressing an interest in finding opportunities to reduce the pressure of increasing taxes and bring in some type of commercial development. There are several 40B’s going in, over which the Town has little or no control. The Board is trying to rezone certain parcels that would attract commercial development and ease the tax burden on the individual.
D.A. Keating was also present at the hearing as an abutter to this area. He said that the Board had to also consider any infrastructure costs that would be instrumental in rezoning this area. He said you can’t leave the Cobb’s Corner intersection the way it is and incorporate all the suggested changes. By taking the worst traffic area and saying it is already bad so let’s make is worse, is not necessarily good planning.
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By rezoning this area, you are forcing these people out of Sharon, which basically amounts to a “taking.” He knows that the Board has good intentions, that this is part of their job and that it is a hard job, but he asked the Board to think it through in terms of what the benefits are and what the costs will be as well as what the effects will be on the people who live in this area.
IV. KING PHILLIP ESTATES
Ms. Maniscalco indicated that she felt access is a real problem to this subdivision, as well as sight distances. She was also concerned with the turning radius in the cul-de-sac for fire equipment.
Mr. O’Cain added that there was also a problem with drainage into Mansfield Street, as there was no drainage there. He was also concerned about the amount of blasting that would have to be done. He suggested that this road remain a private way.
V. PROPOSED CHANGES TO ZONING
The Board discussed various options that could be included in the proposed zoning changes. In order to move this along, the Board would meet again next week to finalize the language that could be advertised.
VI. There being no further business before the Board, the meeting was adjourned at 11:30 P.M.
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