TOWN OF SHARON

PLANNING BOARD

 

Minutes of a Meeting of the Planning Board held on Wednesday, April 13, 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.  The Minutes of the March 23, 2005, and April 6, 2005, meetings were reviewed and accepted with corrections.

 

FORM A PLANS

None.

 

SIGN REVIEW

None.

 

II.         PUBLIC HEARING – PROPOSED PETITION ZONING ARTICLES

Mr. Solomon explained that these zoning changes were brought by various citizens in the Town.  The Board will discuss them, take comments from the public and then make a decision as to whether or not to recommend approval of these articles at Town Meeting.

 

Mr. Cohen read the public hearing notice for the first proposed change.  The main change requested here has to do with buffer areas in CSD’s, requesting an increase in the required buffer area from 20’ to 50’.  Mr. Bradley was the petitioner and explained that he was requesting this change as a reaction to the Hunter’s Ridge subdivision to provide some level of minimum protection against the potential harm that can be visited on neighborhoods under the CSD by-law as written.

 

                                                         _______________________

                                                                 Administrative Assistant

Minutes of Meeting                          Page Two                           April 13, 2005

 

Mr. Bradley said that he felt there were many things wrong with the CSD, which came to light because of the Hunter’s Ridge subdivision.  This is the simplest way to address the most egregious of the issues.  An area like Hunter’s Ridge, that is already densely developed, needs to be protected by controlling the size of the buffer area and the impact it has on the existing neighborhood.

 

Mr. Cohen pointed out that there is no buffer area required in a conventional subdivision.  Mr. Solomon added that in a conventional subdivision you could clear the back yard right up to the property line.

 

Mr. Hauser said that when you do the math, the setback from the rear property line in a conventional subdivision is approximately 20’.  With a CSD subdivision, you get a 20’ buffer plus a setback, so it could be as much as 30’ total.  With a 50’ buffer, you will be taking away almost 25-30% of land.  While he understands the concept, he thinks more research is necessary to understand what this would mean to a CSD.

 

Mr. Solomon further explained that if this type of buffer were allowed, you would be creating a cocoon effect in the center of the property with all preserved land being around it.  This would basically be telling developers you do not want a CSD.  Mr. Wine of Lantern Lane had to agree with this if you only had a small lot.  However, with a large parcel there would be a great deal of creativity if the 50’ buffer were maintained.  Mr. Solomon said that there were very few large lots in the Town that could be developed.

 

Mr. Bailey, the Town’s MAPC representative, said that he brought several articles from the MAPC that had been adopted in other towns.  The original proposals included language for small lots.  Twenty acres is considered a very substantial piece of developable property.  You need the kind of flexibility that exists under the present by-law and there is more open space and buffering under the CSD than under a conventional subdivision.  For every person who likes to see developments of a whole series of similar boxes, there are just as many others who would like to see more of a variety in the Town.  This existing CSD by-law provides that variety.  He hoped the Board

 

 

Minutes of Meeting                                  Page Three                       April 13, 2005

 

will think very carefully about advocating a change without going over all the impacts those changes would have.

 

Article B – Mr. Wine spoke on behalf of the proponent of this Article, who was not able to be in attendance.  The proponent has young children who walk to school and he believed that Hunter’s Ridge will result in a severe increase in traffic.  He was concerned that an adequate traffic study had not been done.  He is asking that for any CSD development, a traffic study be required to show that traffic will not be any greater nor have any adverse effect on the neighborhood than a conventional subdivision would.

 

Ms. Maniscalco commented that every subdivision that comes before the Board has always had some type of traffic impact study.  Mr. O’Cain added every major subdivision that he has reviewed since working with the Board has had a traffic impact study.  He also mentioned that the wording in this proposed change was very vague and would not be enforceable.  Mr. Cohen said that the way it was worded would actually eliminate certain incentives.  Mr. Bradley said that that was the point of the article – to limit what you could do under the CSD, but admitted that the language was vague.

 

Article C – Mr. Randino of Lantern Lane was the proponent of this Article.  He said the purpose of it was to return zoning to at least ½ acre lots as we had previously.  The houses proposed in the Hunter’s Ridge subdivision were well above affordability. He asked the Board what the term “affordability” meant.  Ms. Maniscalco said that there were two units in the Hunter’s Ridge subdivision that met the requirement of Affordability, which is defined by the State as (1) it has to meet the median income of the primary metropolitan statistical area (80% of the median pmsa income which in this area is $88,000); (2) no family should be spending any more than 30% of their income on housing; and (3) should meet the median price of a home in that area.

 

 

 

 

 

Minutes of Meeting                           Page Four                             April 13, 2005

 

Mr. Wine said that the purpose of this article was to add one more benefit to abutters of CSD developments to ensure that their property values will not decrease.  They feel that the conventional development would not decrease their property values as the CSD could.  Going back to the Hunter’s Ridge subdivision, the abutters are very concerned that this CSD, especially if it does not have a 50’ buffer and traffic impact statement, could adversely affect the property values of their homes. 

 

Mr. Solomon explained that the Planning Board takes into account what would be in the best interests of the Town in any subdivision, which would include the impact on the people living next to a proposed subdivision.  The Board tries to protect abutters from any adverse impact from any development, but can’t deny a subdivision that meets Board regulations just because the abutters don’t want it there.   The language in this proposed zoning change is very vague and he was not sure how you would determine the monetary impact of one type of subdivision vs. another.

 

One woman said that there were very many waivers allowed here.  It seemed that the Board was bending over backwards to appease the builder rather than the abutters.  This has been a most difficult, unpleasant and unfair experience for the abutters.

 

Mr. Cohen answered that that is not what Mr. Solomon was saying.  The Board has been working on the property that Hunter’s Ridge is located on for many years since the first submission several years ago.  That subdivision was disapproved by the Board basically for bad engineering.  The real threat here is that the applicant can come in with a 4OB subdivision, which would put even more homes on this property.  That has happened in many other areas of Town.  The Board has to look at this particular subdivision and do what it thinks is best.

 

 

 

Minutes of Meeting                                 Page Five                            April 13, 2005

 

Mr. Bailey said that he did not think there was any precedent for this kind of protection of someone’s property from adjacent development and thought it might even border on being unconstitutional.  What is being proposed here is so difficult and complex that no court could get through it.  In Massachusetts, we do not allow ourselves to go that far in restricting the use of other people’s property.

 

Article D – Mr. Wine was the proponent of this proposed change.  He said the language was clear – it represents the abutters’ support of the CSD concept.  They recognize that it promotes age qualified housing and is beneficial to the Town.  When the CSD by-law was first brought before the Town, the concept was approved by Town Meeting and Town Boards.  The idea of having some type of dense property with open space was desirable.  What bothers the abutters of Hunter’s Ridge is that they feel that subsequent to that original by-law, they recognize that they could make out a lot better if they were dealing with small parcels.  The residents of the Town did not understand what they were voting when they voted to reduce the acreage requirement from one acre to 20,000 sq. ft.  What happened at Hunter’s Ridge should not happen to another neighborhood in Town – a greatly dense development in an already congested area of Town.  These types of developments should be limited to less densely populated areas in the Town.  They are looking to rescind the amendment to the original by-law and return to the original language in the CSD.  Mr. Wine suggested that the reason for the amendment was in response to a request to the Board made by a developer.

 

Mr. Cohen said that this article of the four proposed was the most interesting and that he could see the logic behind it.  The Board’s impetus for proposing the CSD change had nothing to do with any developer coming before the Board.  That was something the Board came up with on its own. The issue he has with this proposed change is that they are throwing out the baby with the bathwater.  If someone had a 20,000 square foot lot under conventional zoning, they would not be able to put a CSD on it, even though it might be more desirable. 


Minutes of Meeting                                   Page Six                          April 13, 2005

 

With this proposed language you would not be able to do that.  What might be considered is diminishing the density bonus on the smaller lots, and give a smaller reward.  The Board was proposing a change to the CSD that would require a developer to build duplexes or attached houses instead of single family homes. 

 

Mr. O’Cain added that his recollection for the change in lot size was that there would be circumstances where you would have a small lot that is not economically attuned to build a conventional subdivision.  The only recourse in that instance could be a 40B.  The CSD would give a developer more options to get more homes rather than going the 40B route.  Since a CSD requires a special permit, it adds another layer of protection. 

 

Mr. Solomon explained that because the Board felt there was more need to diversify the housing stock on Sharon, you could create more open space on a parcel with the CSD.  Most of the congested areas in Sharon are within the Town Center.  However, since that is walking distance to the train station, the Board is trying to encourage more CSD’s in that area as part of the transit oriented development.  Mr. Hauser added that it was the Board’s consultant in working on the community development plan that recommended the drop in acreage.  The Board is trying to get an overview of the Town rather than just focusing on a certain parcel.  There are 100-150 developable lots in the Town.  The Board is seeking to balance the development in the Town.  It seems this group does not want cluster zoning so in theory they are trying to get rid of the CSD.  The Town does not have huge amounts of land and it has to take a look at whether or not the CSD will work.

 

Ms. Maniscalco then moved to close the public hearing on the petition zoning articles, seconded by Mr. Cohen and unanimously voted.

 

 

 

 

 

Minutes of Meeting                        Page Seven                          April 13, 2005

 

Mr. Solomon then asked for Board comments on these articles.

 

Article A - Ms. Maniscalco said this proposed change might be worth

looking into, but she was concerned about  the  buffer  eating  up  all

the open space.  There may be some other way to protect the abutters but just arbitrarily throwing in a 50’ buffer doesn’t seem to be the way to do so.  Sam agreed and said it might make more sense to have something that had a sliding scale.  Mr. Cohen also felt the 50’ suggested was arbitrary.  It could make a potentially desirable CSD nonviable.  It would take away the flexibility the Board would have in dealing with the CSD.   Mr. Hauser moved that the Board recommend that Town Meeting not vote in favor of this proposed zoning change.  Seconded by Mr. Cohen and unanimously voted.

 

Article B – It was the consensus of the Board that you could not judge the traffic impact without some clear guidelines of how to do that. The wording of the article was very vague.  The Board may want to consider making a traffic study a requirement.   Mr. Hauser moved that the Board recommend that Town Meeting not vote in favor of this proposed zoning change.  Seconded by Ms. Maniscalco and unanimously voted.

 

Article C – The Board agreed that Mr. Bailey raised a valid point in that this may not even be constitutional.  Of all the proposed changes, the Board was the most uncomfortable with this one.  This type of concept was foreign to the way the entire legal system in Massachusetts works.  Ms. Maniscalco moved that the Board recommend that Town Meeting not vote in favor of this proposed zoning change.  Seconded by Mr. Cohen and unanimously voted.

 

Article D – The Board indicated it was not clear what the impact of this change would be nor how many parcels in the Town would be affected.  It could actually prohibit someone from building a CSD even if the same number of units was involved as in a conventional subdivision.  More open space can be attained through a CSD than a


Minutes of Meeting                        Page Eight                        April 13, 2005

 

conventional subdivision.  Mr. Hauser moved that the Board recommend that Town Meeting not vote in favor of this proposed change.

 

III.           HUNTER’S RIDGE

 

Ms. Maniscalco asked what had happened with the new groundwater divide issue that was raised by the abutters at the last meeting.  A representative of Horsely Witten (“HW”) answered that they had requested to be put on the Board of Health’s agenda but would not be meeting with them until June.  They had sent the same letter to the Board of Health as presented to the Planning Board at the last meeting.  Mr. Solomon explained that this was a Board of Health issue and would not affect the Planning Board making a decision at this time.  If something came out of the meeting with the Board of Health, the Planning Board could revisit its decision and modify it.

 

The HW representative indicated that the abutters were very concerned about water in the area, that there were already flooding issues and they were very concerned that these would get worse with the construction of the proposed subdivision.  There could be changes in the stormwater runoff and there were deficiencies in the plans that they were concerned with.  Ms. Maniscalco asked when was HW hired to look at this parcel.  The HW answer was that they had originally been hired by the abutters association when the Silver Tree subdivision was first submitted and for this subdivision just two weeks ago.  Mr. Solomon explained that this subdivision has been before the Board for more than a year, that there has been a lot of give and take between the applicant and the Board and the final plans submitted to all Boards have addressed all the issues raised by the Town Engineer and the engineering consultants hired by the Board.

 


Minutes of Meeting                           Page Nine                        April 13, 2005

 

Mr. Solomon further pointed out to HW that the Board was aware of the existing problems with the abutting land.  The applicant cannot have any more water going off his site during and after construction than there is now.  All these issues will be addressed by a drainage system that will be put into place that has to meet the spirit and letter of the law.  The Board does not doubt that there are existing problems on Lantern Lane and knows that any action taken to disturb land uphill will, if not properly mitigated, have an impact on that area.  The way the system is designed and put together deals with all that.  If you are saying that that won’t work because the soils are so bad, then the Board needs to take another look at this.  However, if you are saying you don’t know because you have not reviewed the drainage calculations provided by the applicant, we would be happy to share that information with you. 

 

Mr. O’Cain said he had two questions for HW – had HW looked at the plans at all to be able to make these statements regarding the runoff and is this plan violating any State law regarding Title V.  HW replied that because they do not have all the materials, they are not able to evaluate the adequacy of the water plan.

 

Mr. Faria was then asked to update the Board on the status of this subdivision before the other boards.  Mr. Faria reported that they had met with ConCom and they had closed their hearing and were working on an Order of Conditions.

 

Mr. Faria further stated that they would like to request of the Planning Board an extension of time for a decision to be filed, to April 30, 2005.  Ms. Maniscalco so moved, seconded by Mr. Hauser and unanimously voted.  Mr. Cohen indicated he would be willing to draft the language for the Special Permit and would circulate the draft prior to the next meeting so the other Board members could review it.


Minutes of Meeting                           Page Ten                          April 13, 200

 

One issue of concern was parking in the street.  Earthtech’s report stated that there would be no parking in the street at all.  However, the Board was concerned that people wanting access to the open space and trails would not have anywhere to put their cars.  It was suggested that several spots be provided at the cul-de-sac for this and that people using the trails could also park at the clubhouse.

 

A request was made that the Board require the applicant to provide a surety or something else to alleviate any financial burden the abutters may incur from water damage once the subdivision is built.  Mr. Cohen said that there could be a condition added to the Special Permit (“SP”) that the homeowners association will be required to indemnify the abutters in that situation.  Mr. O’Cain added that during the construction stage, a bond is given to the Town to cover any such damage. 

 

Ms. Maniscalco then moved to approve the definitive subdivision subject to the following conditions:

·        The three standard opening conditions for all subdivisions;

·        Items 1-8 of Peter O’Cain’s memorandum to the Board dated April 12, 2005;

·        A pre-construction meeting is to be held with the Applicant, the Engineering Department and anyone else that the Engineering Department deems necessary to be included and that the design and construction of the stormwater management and roadway proceeds as approved by the Town Engineer;

·        Any heavy trucks and machinery may not enter or exit the site during the times that there are drop offs or pick ups of school children when school is in session;

·        That construction may only take place between the hours of 7:00 a.m. to 5:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturdays and Sundays.

 

Mr. Cohen then moved to approve the Hunter’s Ridge Definitive subdivision subject to the conditions listed here and including any conditions in the Special Permit to the extent applicable.  Seconded by Mr. Hauser and unanimously voted.

Minutes of Meeting                                   Page Eleven                               April 13, 2005                     

 

Having found them to be in the best interests of the Town, the Planning Board voted to allow the following waivers:

 

A.  Section         - Roadway Construction as follows:

                   Right of Way Width =  40’

                   Pavement Width       =  22’

                   6’ sloped granite curve on sidewalk side of road

                   One 5’ sidewalk on right side of road

                   12” Cape Cod berm on left side of road.

This road is to remain a private way unless it is brought into conformance with the Board’s Rules and Regulations.

B.                 Section 4.2.2.4.  Roadway Alignment.

C.                 Section 4368 – as follows:

Lot size minimum              4600 square feet

Minimum Frontage            46 feet

Front Yard Setback         20 feet

Side Yard Setback          6 feet

Rear Yard setback           15 feet

D.                Section 4.5.2.2 – Detention Basins

In Detention Basin 1, a 2.2’ separation from groundwater to the bottom of the detention basin is allows.

E.                 Section 4.2.8.1 –

Sta. 2+30 to Sta. 5+50 and Sta. 0+50 to Sta. 2+00 a 2:1 slope with a guardrail to ensure safety is allowed.

 

Mr. Cohen moved to approve the waivers as listed, seconded by Ms. Maniscalco and unanimously voted.

 

The Board then went on to review and edit the language in the Draft Special Permit.  Some items that needed to be added were:

  • The affordable units need to be made available within the first 25 units built.  Selection of eligibility for the units will be made in conformance with the Sharon Housing Partnership.
  • Parking shall be made available around the cul-de-sac and within 50’ of the end of the roadway to be constructed for people to access the open space and trails.

Minutes of Meeting                               Page Twelve                                    April 13, 2005

 

  • The planting and screening plans be done in conjunction with the Tree Warden, who shall also accept and receive input from the abutters, and be at a level sufficient to insure the abutters property is screened.  Any issues that cannot be resolved shall come back to the Planning Board for decision.
  • That the applicant provide notice to abutters before any final planting and screening plans are made.
  • The emergency access onto Cheryl Drive shall be maintained and plowed so as to be passable at all times.  It will be the homeowners association’s responsibility to do so.  The Association shall provide to the Town Engineer the name of a contact who can be reached if the road is not properly maintained.
  • That the storm water management system be maintained on an annual basis and that a certain sum of money is maintained in the surety for a certain amount of time to ensure that this is being done properly.

 

Mr. Cohen then moved to approve the Special Permit for Hunter’s Ridge subject to the conditions the Board has written and any further conditions and modifications that may come up prior to signing the Special Permit.  Seconded by Mr. Hauser and unanimously voted.

 

Mr. Cohen further moved that the waivers requested under the Definitive Plan be

made a part of the Special Permit.  Seconded by Ms. Maniscalco and unanimously

voted.

 

IV.           KING PHILLIP ESTATES

Numerous letters had been received from abutters and three representatives from American Indian Tribes, requesting reconsideration of the Board’s prior vote of this subdivision.  A letter had been sent to the Board stating the Tribes were requesting the reconsideration.

 

Mr. Solomon had contacted Town Counsel to see if the Board could revoke its decision and make a new one.  Town Counsel advised that the Board could do that, but would have to go through the approval process all over again, including holding a public hearing.  If the Board were to do that, it would be in the same boat of having the applicant withdraw this application and continuing with the 40B hearing before the Housing Appeals Court. 

 

 

Minutes of Meeting                                  Page Thirteen                              April 13, 2005

 

Mr. Cohen asked if Mr. Wluka, the real estate agent for the applicant, had any comment about this.  Mr. Wluka said that he had just spent the last hour or so meeting with the Tribal leaders and the Sharon Historical Commission.  Mr. Wluka indicated that his client expressed a willingness to discuss the purchase of that part of the ceremonial lot with the Tribal leaders.  If the Tribes can work quickly, the applicant is willing to sell that land to them.  He did report that no one had made any attempt to contact him or his applicant about this situation.  Tonight was the first time he had heard about it. 

 

Mr. Solomon explained that the Tribes’ letter did not constitute an appeal, as the decision had not as yet been filed with the Town Clerk.  Appeals can only be made once the decision is filed, and only through the Town Clerk, not the Planning Board.  The concern at this time was not to delay the subdivision process, because if the court case continues before the Housing Appeals Court and they side with the developer, the preservation of the hilltop would basically be gone.

 

Several of the people in attendance pointed out the importance of the top of the hill and that if there had been a larger buffer required, it would have taken care of this problem as that area would not be touched.  The applicant could still get his three homes without losing any profits.

 

Mr. Cohen pointed out that when the Board voted its decision, it took all these matters into consideration.  However, there had to be some compromise as the matter would otherwise go back to the Housing Appeals Court.  If it does go back to the Housing Appeals Court, what could go in there would be far worse than what the Board approved.  He thought this decision should stay and hopefully something could be worked out regarding the hilltop.

 

The Tribal representatives indicated they were willing to sit down with all parties involved and see if there is something that could be worked out that would be acceptable to all.

 

 

 

 

Minutes of Meeting                                  Page Fourteen                            April 13, 2005

 

Mr. Solomon said that the Board now had to make a decision whether or not to sign the approval letter already voted.  The Board’s signing the letter does make it possible for discussions on the purchase of that one lot to proceed, because it makes the decision final.  If the Board does not sign the approval letter, the applicant could determine things have gone far enough and does not want to continue down this path. 

 

Mr. Hauser said that the Town has an interest that this approval goes through in a healthy way as well.  He encouraged that dialogue still go forward regarding the ceremonial site but he was not in favor of reopening the subdivision but to proceed with the signing of the approval letter.  The other Board members were in agreement and the approval letter was signed.

 

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

          11:55 p.m.