TOWN OF SHARON

PLANNING BOARD

 

Minutes of a Meeting of the Planning Board held on March 23, 2005, at 7:30 p.m., in the Town Offices.

 

                          PRESENT:   SAMUEL SOLOMON, CHAIR

                                              ARNOLD COHEN, CLERK         

                                              ELI HAUSER

                                              PETER O’CAIN, ASST. TOWN ENGINEER

 

BUSINESS TRANSACTED:

 

I.    Meeting called to order.  The Minutes of the March 9, 2005, meeting were reviewed and accepted with corrections.

 

FORM A PLANS

None.

 

SIGN REVIEW

None.

 

I.                II.  TOWNSMAN SQUARE IV.

 

The applicant had requested an extension of the time within which to complete the subdivision.  He was also seeking to set a bond for work to be done on the new street.  Since the applicant had exceeded the four years allowed to build the subdivision as well as the four additional years allowed by extension, the Board indicated it was not sure it could allow any additional extensions for completion.  However, Town Counsel would be consulted on this matter.  Therefore, this issue would be put on the next agenda and no action taken this evening.

 

 

 

                                                                                                                                                                           _______________________________

                                                                 Administrative Assistant

 

 

Minutes of Meeting                          Page Two                                March 23, 2005

 

I.                III.  KING PHILLIP ESTATES

 

Mr. O’Cain advised the Board that the applicant had put in the basins and infiltration areas on the plan but hasn’tt worked out the particulars for them.

 

Mr. Clow, engineer for the applicant, said that the most pressing issue requiring the most effort on their part was to demonstrate the control of runoff from the site.  They worked towards developing a concept that would give Mr. O’Cain a level of comfort indicating that they could control the changes in the hydrology and runoff.  In working with Mr. O’Cain, they have come up with a scenario they hope will be acceptable and provide a satisfactory solution, for which the Board would consider deferring the detailed analysis of that system as part of its decision.

 

The proposed roadway profile breaks the road in half at about Station 414.  Any water above that Station will be stopped and go to a basin.  Mr. Solomon asked if the 25 year storm would over run the break and Mr. Clow answered that it would not.  Rather than building a crowned road, it is banked to the right and there is no curbing so that water will run off to the shoulder.  It will then go to an existing depression and will collect a certain volume of water.  From the crest, the road will be banked left going downhill.  There is a drainage easement laid out under the 12 lot subdivision for water management and grading.  They are proposing a series of shallow six inch ditches.  They are currently only showing three on the plans, but per Mr. O’Cain’s request, will be adding more and grading around them.  Mr. Solomon reminded the applicant that as discussed previously, any drainage would have to be designed to meet the approval of the Town Engineer. 

 

Mr. Clow added that they want to make sure that they can capture all water to keep it from going onto Mansfield Street.  In that regard, curbing may be necessary to create a gutter line for the first 200’ of the subdivision to prevent the water from going onto the abutters property. 

 

Minutes of Meeting                             Page Three                           March 23, 2005

 

Mr. O’Cain agreed with this, indicating that the berm will guide the water into the catch basins.  He felt the applicant had a good plan and that the applicant has worked with Mr. O’Cain to address this issue. 

 

Mr. Solomon advised the applicant that the Board had received a number of letters from abutters requesting that the houses be placed closer to the road so as to preserve the historical Native American sites on the premises.  It was suggested that a 600’ buffer be provided to preserve the archeology of the site so that the homes will not be visible from King Phillip’s Rock.  Mr. Solomon asked the applicant what their opinion was about this request.  Mr. Clow answered that that configuration would significantly diminish the value of the project.  Mr. Wluka added that they have spent eighteen months and a lot of money on this project.  They are not willing to provide this buffer and it is not a discussion they feel is worth having.

 

Mr. Cohen explained that there were some letters and people coming to these meetings to provide the Board with information. The Board just wanted to go over some of the issues that had been raised by the abutters and see if there could be some compromise reached on this matter that was raised as an issue of concern.  Mr. Wluka added that such a large buffer would affect other things as well and not just the houses, such as a tennis court.  They could not be constrained in marketing the property in this way.  They were not willing to go through the time or expense of going through this again. 

 

Mr. Meister of the Conservation Commission added that placing the houses so far back on the property would not just affect the site at the top of the property but that you will be able to see these houses from the conservation land and trail.  The Town has spent a lot of public money to maintain the open space here and it would be nice if the improvements were not visible from King Phillips Rock.

 

Mr. Wluka again answered that it was too late to discuss this and that it would eliminate too much of the applicant’s property from being usable.

 

 

 

Minutes of Meeting                             Page Four                             March 23, 2005

 

Mr. Solomon pointed out that the applicant was requesting a large number of waivers for this subdivision.  They are waivers the Board might not consider for a regular subdivision and were only doing so here at the Town’s request to settle the litigation on the 12 lot subdivision.  However, this Board could determine that this is something it will not allow and let it go to the Housing Appeals Court for determination.  The Board is not taking your land away from you.  We are trying to determine what is in the best interests of the Town, protecting existing residents as well as any future residents that may purchase these homes.   The applicant chose to come before this Board.  This Board is considering this subdivision at the request of the applicant, the ZBA, the Conservation Commission and Town Counsel.  Frankly, it is a lousy plan and contains a lot of things the Board would not allow in a plan under normal circumstances, but three lots are better than twelve.  However, there are still issues that need to be worked out and the Board assumes the applicant will work with the Board towards resolving those issues.  These lots are significantly larger than required.  They border conservation land.  The Board is trying to protect that land and is requesting that a portion of the back land be preserved for conservation purposes.  The lots would still be large but would create a buffer for the Town land.  The land does not necessarily need to be deeded to the Town but could have a conservation restriction put on it.  Ms. Arguimbau of ConCom said that even if a conservation restriction is put on the land, there are still things the homeowners could do.  She is in favor of the three lot subdivision with waivers, but the protection of the conservation land is most important and not how it is achieved. 

 

The applicant’s attorney said that the applicant would be amenable to doing something about this, but are not there yet.  Mr. Solomon answered that if the Board feels that is something that would be beneficial to the Town, the language needs to be in the decision.  He suggested it would be in the applicant’s best interest to make a decision on this matter tonight, which may aid the Board in making a decision tonight.  The Board has only seen these plans two times and it is acting in an expedited fashion to deal with this issue.  The applicant can also act in an expedited fashion on this

Minutes of Meeting                             Page Five                              March 23, 2005

 

matter to resolve the issue tonight.  Mr. Wluka agreed to provide a  conservation restriction 100’ from the rear property line or the edge of the wetlands, whichever was more restrictive.  Mr. Solomon also suggested that language be added to the decision that a restriction be placed on the large boulder at the top of the property, so that no future home owner can make any changes to the area around it.

 

The Board then went on to review the requested waivers as listed on the attached waiver request from the applicant.   Changes are noted on the attached list. 

 

Mr. Cohen then moved to approve the King Phillips subdivision as amended

through today subject to the following conditions: 

-The first three standard Board conditions about compliance;

-That the drainage system be designed in such a way as to conform to the Rules and Regulations of the Town of Sharon and subject to approval by the Engineering Department;

-That all elements of the drainage design are not allowed to be adjusted, altered  or changed in any way without the approval of the engineering department and the Planning Board;

-That a conservation restriction be placed on the northerly side of the lot from the 100’ buffer zone of the wetlands or 100’ of the property line, whichever is greater.

-That the applicant make a good faith effort relative to preserving any archeological or site line features or rocks on the site.

-That the sedimentation and erosion plan be provided with the drainage plan designed as part of the general construction by-law.

The Motion was seconded by Mr. Hauser and unanimously voted.

 

Mr. Cohen then moved to approve the waivers as discussed tonight and noted on the waiver request letter from the applicant dated March 23, 2005.  Seconded by Mr. Hauser and unanimously voted.

 

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