TOWN OF SHARON
PLANNING BOARD
Minutes of a Meeting of the Planning Board held on August 11, 2004, at 7:30 p.m., in the Town Offices.
PRESENT: REGINA MANISCALCO, VICE CHAIR
ARNOLD COHEN, CLERK
NADINE OSTROW
ELI HAUSER
PETER O’CAIN, ASST. TOWN ENGINEER
Business Transacted:
I. Meeting called to order. The Minutes of the meeting held on July 21, 2004, were reviewed and accepted with corrections.
II. PUBLIC HEARING – PROPOSED ZONING CHANGES
Mr. Cohen read the legal notice opening the public hearing.
Ms. Maniscalco explained that there were three proposed by-law changes that would be coming before Town Meeting this fall:
1. the Mixed Use Overlay District
2. Changes to the Floodwater Hazard District
3. Stormwater Discharge changes generated by construction activity and elicit discharge by-law.
Language changes to both #2 and #3 are generated to meet Federal mandates.
The proposal for a new district, the Mixed Use Overlay District (hereinafter “MUOD”), comes from discussions the Planning Board has had over the last couple of years while working on the EO418 plan.
_______________________
Administrative Assistant
Minutes of Meeting Page Two August 11, 2004
From these discussions, it has become evident that there is a need for more diverse housing and more development of a walking neighborhood. The Board is looking for planning which would be consistent with the Town’s revitalization of the down town area. On a related note, the Delapa family contacted the Board with general sketch plans for property they own in the center of Town, that tie in with the things this Board has discussed.
Ms. Wardlow of 5 Summit Ave., said that she was concerned about setbacks shown on the sketch plans, especially frontal setbacks which would go down from ten feet to zero, as well as a reduction in the open space in that area from 30% to 15%. Ms. Wardlow observed that there are many beautiful residences in the center and she is concerned with over-development in the center.
Ms. Maniscalco explained that there was not a lot of space in the center, and at this point, the Board does not know what a potential developer’s final plans may be. To date, only sketch plans have been presented. There are ways to increase the landscaping and site design that would allow for more open space. The Board does still need to look at setbacks and discuss this issue with the developer when more formal plans are presented. Ms. Maniscalco also assured Ms. Wardlow that it was the intent of the Board to closely review all proposals suggested by a developer. A developer would still need to meet guidelines set by the Town. The Board does intend to maintain the natural beauty of the town center. However, the Town did need to concentrate on getting more diversified development and the center is the best place for this as it is close to the shops, the train station, etc.
Mr. Cohen added that the applicant would have to apply for a Special Permit, which would govern what is done here, and it
Minutes of Meeting Page Three August 11, 2004
gives the Board flexibility on what it allows. A public hearing would also be held to receive input from Town residents.
When asked what benefit this change would afford the Town, Mr. Cohen answered that it could add more commercial development to the Town, more small businesses as well as more diversified housing.
There being no further questions, Mr. Cohen moved to close the public hearing, seconded by Ms. Ostrow and unanimously voted.
Mr. Cohen said that the two DPW articles are not controversial and the Board could vote on them tonight. However, he would like to hold off on the MUOD article to further review it before making any decisions. The Board decided to postpone action on any of these articles at this time.
III. BRAMBLE LANE – PUBLIC HEARING
Mr. Cohen read the legal notice to open the public hearing.
Mr. O’Cain reported that not much had been done on this street as yet. Upon the Board’s approval, he would be sending a letter to the owner setting September 15, 2004, as a final completion date. If all outstanding issues had not been corrected by that time, he would recommend that the acceptance of the street not go forward at Town Meeting.
The Board concurred with Mr. O’Cain’s suggestion. Mr. Cohen then moved to close the public hearing on this issue, seconded by Ms. Ostrow and unanimously voted.
Minutes of Meeting Page Four August 11, 2004
IV. PUBLIC HEARING – HUNTER’S RIDGE SUBDIVISION
Mr. Cohen read the legal notice to open the public hearing.
Mr. Merrione, the applicant, who had just come into the meeting, requested that the Board not open the public hearing. He said that according to State law, in these types of subdivisions, there needed to be at least four Planning Board members in attendance at each meeting hereafter when this issue will be discussed, and it needed to be the same four members. Since the Chair of the Board was not present tonight, they would rather the hearing be postponed and rescheduled.
Ms. Maniscalco explained that the public hearing had in fact already been opened, that the Board did not see the need to postpone, as they were very many people here who had come to the meeting for this hearing.
Mr. Cohen agreed, adding that if the hearing was not finished this evening, it could be continued to a later date when the same four Board members could attend. There was a large group in attendance this evening and he thought the Board should move forward with the hearing.
Mr. Merrione said that he would rather follow the letter of the law on this, as this had happened to him in another Town and they basically went through the entire process, only to find that the Attorney General’s office overturned that subdivision approval and they had to start from scratch, for this same reason. He would rather not have the public hearing tonight, and reschedule when there were five Board members present, so that if at the next meeting one was not there, they would still be covered with having four of the five present.
Minutes of Meeting Page Five August 11, 2004
Mr. Bradley of North Main Street said that he agreed with Mr. Merrione on this issue, as they would like to make sure their comments were all legally on record and that he would rather not go forward without the Chair of the Board taking part in the decision making process.
Mr. Roth of Huntington Avenue agreed with Mr. Bradley and felt the Board would be ill advised to go ahead without the Chair present. This was an important issue for the community and he wanted to see it done correctly.
Mr. Merrione said that given the fact the public hearing had been opened, they would be willing to withdraw this application and refile and restart the process anew, than to go forward and find out later that they had to refile anyway. He did ask the Board to consider waiving the preliminary stage of this filing that had already been acted upon, as well as waiving the fees, since they had already been paid upon this filing.
Mr. Cohen moved, that if the applicant, because of what transpired this evening, files a withdrawal of its application of the CSD as they represented tonight at this meeting, and they refiled the same application, he recommends waiving the filing fees for the new application and starting the new process at the definitive stage and not the preliminary. Seconded by Mr. Hauser and unanimously voted.
Mr. Cohen then moved to close this public hearing, in light of what transpired this evening, and on the premise that the application will withdraw this application and file a new one. Seconded by Mr. Hauser and unanimously voted.
Minutes of Meeting Page Six August 11, 2004
V. OTHER BUSINES
Possible land swap lots – Mr. Hauser asked Mr. O’Cain to prepare new maps showing possible buildable lots that could be exchanged as follows: Town owned lots that can be exchanged should be in red; Town owned lots that are buildable should be in orange; and Conservation Commission lots that can be buildable, in blue.
VI. There being no further business before the Board, the meeting was adjourned at 9:30 p.m.