TOWN OF SHARON

PLANNING BOARD

 

Minutes of a Meeting of the Planning Board held on April 6, 2005, at 7:30 p.m., in the Town Offices.

 

                   PRESENT:   SAMUEL SOLOMON, CHAIR

                                      REGINA MANISCALCO, VICE CHAIR

                                      ARNOLD COHEN, CLERK

                                      ELI HAUSER

                                      PETER O’CAIN, ASST. TOWN ENGINEER

 

Business Transacted:

 

I.                Meeting called to order. 

 

FORM A PLANS

None.

 

SIGN REVIEW

None.

 

II.            TOWNSMAN IV

The Board informed Mr. Iverson that Town Counsel researched the issue of whether or not the Board could grant any further extensions after the eight year time period for subdivision build out had passed.  It was Town Counsel’s opinion that the Board could not grant any further extensions, both under its own Rules and Regulations and under the State Statute.  Therefore, Mr. Iverson would have to refile that part of the subdivision.  The Board cannot create a bond nor release lots in a subdivision that has technically expired.

 

 

 

                                                                             ____________________________

                                                              Administrative Assistant

 

 

 

 

Minutes of Meeting                               Page Two                                          April 6, 2005

 

III.  HUNTER’S RIDGE

The Board informed the applicant that it had received a letter from the Fire Chief.  The Fire Chief requested that there be two means of egress from this subdivision due to the large number of houses and that there be sprinklers in each of the homes.  Mr. Solomon asked if the applicant was going to install call boxes.  Mr. Merrione said that the last time they spoke with the Fire Chief, he indicated they were not necessary as people don’t really use them any more.  However, he said he would do whatever the Fire Chief and Board required.  Mr. Solomon said that if the Fire Chief did not require them, neither would the Board.

 

Mr. Faria brought the Board up to speed on what they have been doing since their last meeting with the Planning Board.  They have met with Peter O’Cain in Engineering, with the Conservation Commission, with the consultant Earthtech and Board of Health.  There have been no substantive changes to the plans.  They meet with ConCom tomorrow night and hope to finalize things with them.

 

Mr. Faria explained that because the septic system is a shared system, it needs DEP approval.  In this regard, they have already made all the changes the consultant suggested, and the Board of Health has sent endorsement letters to the DEP.  Therefore, the preliminary approval from the Board of Health is in place.

 

The applicant is meeting with the Conservation Commission tomorrow night.  Mr. Faria has met with Greg Meister of ConCom and with Earthtech.  Mr. Faria feels they have met all the ConCom’s requirements and he is hoping the ConCom will vote on this tomorrow night.

 

As regards the landscape plan, Mr. Faria provide a copy of the plan to the Board.  He said they will grade in the buffer and will replace plantings and enhance it after construction.  Mr. Solomon said that the Board wanted to make sure that the buffer is replanted and the abutters protected.  Mr. Merriken added that he would like to have the Board


Minutes of Meeting                                 Page Three                           April 6, 2005

 

come out and walk the property and let them know if there is anything else the Board would like to have them do.  Mr. Solomon responded that the Board would defer to the Tree Warden who has much more experience in plantings than the Board members do.

 

In response to abutters concerns about possible water problems pre and post construction, Mr. Solomon responded that given the information received from the drainage calculations, that the Town’s consultant has thoroughly reviewed, there should not be any water problems.  The design here should lead to less water coming off the site than does now.  Mr. O’Cain added that in theory this plan should work.  There will actually be more water intercepted with the drainage designed than is being stopped now. 

 

The resident at 41 Lantern Lane said that she had had her septic system replaced six years ago, inspected by the Town and it has again failed due to too much groundwater coming onto her property.  She wanted to know what assurance the Town was going to give her that the system would not fail again, given that there will be over 50 homes in this subdivision that could create more water problems and she is very concerned it not affect her.  She wanted to know if the Board was going to require the applicant to put an insurance binder in place to protect the abutters from any water damage after the subdivision is built and the developer is no longer around as had been mentioned at an earlier meeting.  Mr. Solomon explained that the drainage system gets reviewed by the Town Engineer, the consultant that was hired by the Board, the Board of Health and in this case, also by DEP.  This system is getting much more review than in a conventional subdivision.  It was not within the Board’s purview to require the applicant to post a surety for things that might happen some time in the future.

 

The resident at 33 Lantern Lane was also concerned about water runoff from this subdivision.  He wanted to know if anyone on the Board had read the drainage plan and calculations submitted and if they knew how it was going to work and guarantee that he would not get more water.  Mr. Solomon answered that the Board relies on the Town Engineer and the outside experts hired to do review these materials.  Mr. Solomon said that this is not his area of expertise and that is why experts are hired.  He could not make an informed opinion on these calculations.

 

The Board then went over the review letters prepared by Earthtech and by Mr. O’Cain and had the following comments/suggestions:

 

 

 

Minutes of Meeting                                     Page Four                          April 6, 2005

 

Parking be allowed on only one side of the street – make this a part of the deed or association by-laws.

·        Storm separator units need to be maintained and cleaned out annually.  Should also be made part of the association by-laws with a requirement that the date of said cleaning be filed with the Town DPW.

·        A stormwater protection plan be provided.

·        (3m7) needs to be addressed on the plans and in the design.

·        As a condition of approval, the applicant will clean out all the detention basins at the end of the construction.

·        Have a plan in place to insure that no water problems arise during the construction phase.

·        A letter be obtained from the Fire Chief indicating his preference regarding the call boxes.

 

Mr. Wayne Godlin inquired if the Board’s expert brought up the fact that there were basins at the front of the parcel which were very close to the groundwater divide.  If the leaching field for the basin is in or close to the groundwater divide and has not been disclosed or discussed by the Board of Health or the ConCom, it should have been and the applicant is negligent in not including this in his hydrogeologic study.  If in fact there is groundwater that runs through the middle of the leaching field, you will have leaching running downstream into Car Mill Pond.  If the Board votes to approve this plan having this information, it will not properly be representing the Town of Sharon.  If the Board of Health knew about this, they would rescind this application.  Ms. Maniscalco asked Mr. Godlin if he had presented this information to the Board of Health.  He said he had not as he has just received the information today.  They will be presenting it to the ConCom at their meeting tomorrow night.  This could cause some of the wells in Sharon to be polluted.

 

Mr. O’Cain responded that if this was correct information, he would have to check if there was any conflict with Title V regulations regarding this.  He also informed Mr. Godlin that the DEP is currently reviewing this application, so Mr. Godlin should provide the DEP with this information as quickly as possible so they can review it prior to making their finding.

 

 

 

Minutes of Meeting                                  Page Five                             April 6, 2005

 

Mr. Meister of ConCom did confirm that they would be taking this subdivision up at their meeting tomorrow night and they will look at this new information at that time.  Otherwise, the applicant has indicated that they would correct whatever is required.  They were pretty far along in the process at this point. 

 

At this point, Mr. Solomon solicited Board comments. 

 

Ms. Maniscalco said that while she was in favor of the concept of this subdivision, there were still some issues that needed to be decided:

---outstanding issues with ConCom.

---while the preliminary review by the Board of Health was favorable, she would like to hear from them regarding the new information presented tonight regarding groundwater.

---work within the buffers.

---groundwater separators by detention basins 1 and 2 and require yearly clean out.

---cleaning up all the drafting issues on the plans.

---setting pre-construction requirements and stabilization during construction.

---addressing potential water issues to abutters property.

---retaining wall.

She added that the Board would work diligently to protect the natural beauty of this area.  While this subdivision required a number of waivers, it is much better than a conventional subdivision.  She is concerned that a 40B not be built here which would greatly impact the infrastructure of the Town.  The Town does need affordable and age qualified houses and this subdivision is in the spirit of what this Town needs.  As far as the traffic pattern is concerned, she feels it is a no brainer that the entrance and egress should be from North Main Street, with an emergency access from Cheryl Drive.

 

Mr. O’Cain said that the issues he was concerned about were which way the traffic was going to flow – entrance and egress; and does this subdivision meet the intentions of the CSD.

 

Mr. Cohen said that he would be flexible with the traffic flow with whatever the Board voted.  He is leaning toward the entrance and egress coming from North Main Street.  He said that if he had absolute authority as to whether or not a subdivision could be built here or anywhere else in the Town, he would never like to see any further development in the Town if he had his

 

 

Minutes of Meeting                                       Page Six                                            April 6, 2005

 

      choice.  He would also be upset as these abutters are to see a subdivision of the land

      around him if he lived on Lantern Lane or Huntington Avenue.  Fifty- one lots on this plan at

      5,000 sq. ft. per lot take up less space than a 25-lot conventional subdivision with 20,000

      sq. ft. lots.  The fifty-one 2-bedroom units have about the same number of bedrooms as

      twenty-five conventional 4-bedroom homes.  Also, the beech tree grove is being preserved.

      He also feels that if this does not go forward, you probably have better than a 50/50

      chance that this parcel with go to a 40B subdivision where the Town has very little control

      over what the developer can do.  A 40B would be much more dense than this proposal.  He

      is inclined to vote in favor of this subdivision and work out a decision that would protect

      the abutters as best as the Board can. 

 

Mr. Hauser said that he checked his notes and he had suggested quite a bit earlier that the applicant look into getting some insurance for possible water drainage damage.  However, our regulations do not require a developer to do that.   He said that North Main Street was probably the way to go for access and thought it might be a good idea to move the Bradley driveway to the new subdivision street rather than going out on to Main Street if Mr. Bradley so agreed.  He also felt this subdivision was much better on this property than the traditional subdivision, as well as providing the Town with some age qualified housing. Conventional would have no buffer whereas this development provides a 20’ buffer to the property line with landscaping.  He also mentioned that the Board cannot arbitrarily make up regulations to fit abutters needs, that the regulations give developers guidelines to work within and it is not up to the Board to say that we do not like this so we will do it another way.  The amount of cut and fill is a valid point and it may be necessary to have more discussion on this.  The landscape plan needs to repair the land so that it comes back to some semblance of what it was before construction.  He noted that this developer has made a serious effort to work with the Town Engineer and the Board to address the Board’s issues and concerns. 

 

Mr. Solomon said that the Board has to make a legal decision based on the Zoning By-Laws and the Rules and Regulations of the Town and has to act within that capacity.  Any person who owns property has the legal right to develop that property within those guidelines and the Board has to work within those guidelines also.  The Board also has to compare the effects of the conventional subdivision vs. a CSD subdivision.  It is his opinion that the CSD subdivision makes more sense than the conventional.  The Board will issue a special permit to the applicant under which it has more control to get what it wants, like providing

 

Minutes of Meeting                                 Page Seven                                      April 6, 2005

 

more buffers than would be permitted under the conventional plan.  However, since there are issues that still need to be addressed, he feels the Board cannot make a decision on this subdivision tonight.  Those issues need to be straightened out, and the new information provided this evening needs to be looked into.  Hopefully, more information will be available by the next Planning Board meeting and perhaps a decision voted.

 

III.       OTHER BUSINESS

KING PHILLIP ESTATES – The Board received numerous letters from citizens in the Town and from representatives of three Native American Tribes indicating concern about the historical nature of a part of this parcel.  They were requesting that the Board require a 600’ buffer from the historical and/or ceremonial part of the land. 

 

Mr. Solomon explained that the decision had already been made and voted at the last meeting and the Board could not change that decision.  Also, the applicant made it clear in no uncertain terms that if the Board were to require a 600’ buffer they would not accept that and would continue with the court case for the 12 lot subdivision.  That would be more detrimental to this site as they would pretty much go in and obliterate everything on the site to get the 12 homes in.  The Board required the 100’ buffer as a means of getting some protection to the area.  Everyone on this Board is sensitive to the archeological and historical value of this site, but the State has not seen fit to protect it. 

 

Mr. Cohen added that the Housing Appeals Court very often finds in favor of the developer and not the Town, so he strongly suspects that if the Board revisited this decision, the applicant would go forward with the 40B.  This subdivision was brought before the Board as an alternative to the 40B filing and the Board has to make a decision as to which would be better for the Town and feels that the three lot subdivision would be less detrimental to the site than the 12 lot.  The 100’ buffer the Board fought for is much better than nothing, which is what the developer wanted. 

 

It was suggested that the Tribes might be able to appeal the Board’s decision once it was filed with the Town Clerk, or bring a separate court action. 

 

 

 

 

Minutes of Meeting                                   Page Eight                                    April 6, 2005

 

The Tribe leaders asked the Board for its support in trying to get this property designated as a ceremonial site.  Mr. Solomon answered that the Board would like nothing better than to defeat this subdivision if it had the power to do so.  The Board had originally disapproved a preliminary two lot subdivision on this site as it felt it was not a viable subdivision.  The applicant then went and filed the 40B subdivision for 12 lots.  At this point, everyone was in agreement that three lots would be better than twelve, and that is the plan the Board had to act on.  At this time, there was nothing more the Board could do without compelling information. 

 

Mr. Cohen added that he did not think the Tribes could appeal a decision of the Planning Board.  He thought it could only by an abutter or another Town board.  If there is some kind of federal law to stop this, that might be the Tribes’ only hope. 

 

IV.                       There being no further business before the Board, the meeting was adjourned

          at 12:15 a.m.