TOWN OF SHARON

PLANNING BOARD

 

Minutes of a Meeting of the Planning Board held on April 27, 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

 

77 & 87 Bullard Street, applicant – Peter Cedrone.  The applicant was taking a small portion of Lot 2A to add to Lot 3 to be able to site the septic system.  Neither lot currently has homes on it.  The Board noted that the only item missing from the plans was the water distribution plan.  Mr. Cohen moved to authorize Eric Hooper, Superintendent of the DPW and authorized agent of the Board, to sign the plans provided the water distribution map is added.  Seconded by Ms. Maniscalco and unanimously voted.

 

II.            PUBLIC HEARING – ZONING CHANGES

 

Ms. Solomon explained that the Board was holding a second hearing on these proposed changes, as there was a glitch with the advertising of the first one.  There had been no changes made to these articles.  Mr. Cohen read the legal notice for the first zoning change to open the public hearing.  There were no comments or discussion.

 

                                     

 

 

                                                          ____________________________

                                                                        Administrative Assistant

 

 

 

 

Minutes of Meeting                              Page Two                             April 27, 2005

 

Mr. Cohen then read the legal notice for the second proposed change.  This change had to do with the Mixed Use Overlay District (“MUOD”) by-law that was passed last Fall.  The original by-law did not include Shaw’s Plaza, Heights Plaza and the Wilber School as areas that could fall within this by-law, because they are in the groundwater protection district.  While development has already been allowed in these areas, since proposing this change, an issue has come up where the Board of Health is concerned about nitrate issues as some of these areas may be near Town wells.  This zoning change would not change any Board of Health regulations.

 

Mr. Towner raised some issues concerning this change.  The Town created water protection districts back in the 1980’s for water and environmental protection.  The Wilber School is being taken out of the water protection district under this proposed change, which is 2,000 feet from the Town’s highest production well.  The groundwater flow from the Wilber School, the Heights Plaza and Shaw’s Plaza goes directly into the aquifer.  Mr. Towner said this change would just add to the problems we currently are seeing with the wells.  He indicated that this change would be doing away with the groundwater protection districts. 

 

Mr. Solomon asked him why he thought that way.  The Board was not eliminating groundwater protection districts by allowing a MUOD in that district.  Mr. Towner answered that the MUOD would create greater density, more septic and more pollutants.  He thought the Wilber School could handle a 50,000 gallon septic system but that it would generate enough pollutants to destroy the Town’s largest well producer. 

 

Mr. Cohen said that no one came to the first hearing on these zoning changes and so none of these issues were raised.  If it hadn’t been for a glitch in the advertising, this public hearing would not have been held.  Since this issue has been raised, it might not be a bad idea for the Board to put off bringing this to Town Meeting until the Fall.  Mr. Solomon repeated that in no way would this change have any effect on any Title V or Board of Health regulations. 


Minutes of Meeting                                Page Three                        April 27, 2005

 

Mr. O’Cain said that he was at the Board of Health and Board of Selectmen meeting where this was discussed and he agrees with Mr. Towner but with some qualification.  The Town has won a grant to study a proposed septic system for that area, which would include a study on nitrates and mounding.  Mr. Towner is jumping the gun saying that the wells will go to pot if housing is included in these areas.  You will need some type of housing if you are to attract developers to develop the Wilber School. 

 

Mr. Joel Tran, a member of the Wilber School Reutilization Committee, wanted to update the Board on his committee’s activities.  The Committee started working back in September to investigate what would be the best use of the site and present its recommendations to the Board of Selectmen.  They have looked at all zoning and physical constraints of the site, and are awaiting the results of the water study.  Retail use would be the most desirable because it would not create any hardships on the school system and would generate additional taxes to the Town.  If you can also bring in affordable housing, it would go a step further to meet the State’s 10% requirement.  The site will be rented and not sold, and it will be up to the person who develops it to determine what he wants on that site.  On the other side of this, if you do not allow an MUOD,  you could subdivide the parcel into single family lots.  You could build somewhere around 20 homes on that parcel.  The Town is not interested in doing that, but instead wishes to maximize revenue for the Town and meet the goals the Committee has created.  They would like to see something that would act as a gateway to the Town.  They would have preferred to use the building as a municipal use, but that doesn’t seem to be realistic due to the expense.  The MUOD would allow some kind of retail and office use on the bottom floor with residences above.  However, no RFP’s will go out until they have the results of the water study, or changes in the zoning by-law allowing more flexible retail space than is currently allowed.  So, to get moving, they will need the requested change to the MUOD before the Fall Town Meeting and would like to see this go forward for this Town Meeting.  It is important as it would add incentive to developers.

 

Mr. Meister of the Conservation Commission added that the Commission’s biggest concern was Well #4.  He said that none of these three sites are appropriate for that type of density because they are too close to the wells.


Minutes of Meeting                               Page Four                            April 27, 2005

 

Ms. Maniscalco said that she understood and supported all the water needs and dangers.  But one of the reasons the Board has brought this change is that it is trying to find some kind of zoning that would allow developers to create affordable housing because the Town is also up against a State mandate that says we have to have 10% housing stock affordable.  We are also concerned with developers coming in with more 40B’s.  If the Town does not make some movement toward creating even the possibility of getting some affordable housing, then we have no possibility of fighting any 40B’s.  That would be much worse for the Town than fighting a few apartments in the Wilber School or the Heights Plaza.  The Board is not eliminating the groundwater protection district by bringing this change. 

 

Mr. Wayne Bradley asked if there had been any discussion to building a treatment plant for the Wilber School on another site?  Mr. Solomon explained that the Planning Board had met with the Board of Selectmen to discuss creating some type of shared treatment plant for the entire Post Office Square area.  It is not a simple process.  Mr. O’Cain added that there are no lots in that area that you could bring the water to that are not close to the wells.

 

Mr. Grasfield, one of the Selectmen, said that they were looking into expanding the scope of the study to look at it town wide to solve existing problems and not just the Wilber School aspect.  He said the Selectmen’s meeting on the warrant articles suggested deferring this zoning change until the Fall Town Meeting with the hope that this study will resolve these issues. 

 

Ms. Maniscalco asked Mr. Tran what the ramifications would be if this article did not go forward at this time.  Mr. Tran answered it would be more limiting to any developer if they do not have a housing mix in the equation.   He said the office market is very poor, the demand for retail is not bad but the layout of the existing building is not ideal, and the building would have to be razed to get what a developer would prefer and the Town doesn’t want to see that. If housing is dropped, and that is one of the most prized economical benefits to a developer, you are eliminating a great deal of enticement to a developer to bid on the building.

 

 

 

 

Minutes of Meeting                                 Page Five                       April 27, 2005

 

Mr. Hauser asked Mr. Meister what it was he was objecting to at these three locations – the decrease in open space or the increase in housing.  Mr. Meister answered that it was the locations in relationship to the wells.  All three areas are already densely developed and there are already problems with nitrates.  

 

Mr. Cohen then read the legal ad for the third proposed zoning change.  This change would allow a certain number of units in the B, C and D districts which are not currently allowed under zoning.  There were no comments or discussion.

 

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

 

Board vote on the articles:

I.                  Mr. Cohen moved to recommend that Town Meeting vote in favor of this proposed zoning change.  Seconded by Ms. Maniscalco and unanimously voted.

II.             Mr. Cohen said that with all the information provided this evening regarding a water treatment facility, it may be wise to postpone action on this proposed change until this issue can be resolved.  Ms. Maniscalco agreed, as did Mr. Solomon.  They agreed the sewage issue needed to be addressed first.  Mr. Hauser was concerned that with all the information presented, no one had come up with an alternative solution.  Individual goals weren’t being put in balance with the total of the Town.  Mr. Cohen moved to not go forward with this proposed change and recommend indefinite postponement at Town Meeting at this time.  Seconded by Ms. Maniscalco.  Voted three in favor, one opposed (Mr. Hauser).

III.         Mr. Cohen moved to recommend that Town Meeting vote in favor of this proposed zoning change.  Seconded by Ms. Maniscalco and unanimously voted.

 

IV.           HUNTER’S RIDGE – DECISION DUE

 

The Board reviewed and edited, and signed both the decision for the definitive submission and the Special Permit.  The applicant requested an extension of time for the Board to file its decision with the Town Clerk to May 3, 2005, for which the Board unanimously voted approval.


Minutes of Meeting                               Page Six                             April 27, 2005

 

V.               TOWNSMAN IV

 

Per information received from Town Counsel, the Board could accept a surety for the completion of Cattail Road.  Mr. Cohen moved to leave the present surety in place covering the work on Cattail Road per Mr. O’Cain's memorandum to the Board dated April 27, 2005.  Seconded by Ms. Maniscalco and unanimously voted.

 

VI.           31-33 POND STREET

 

The owner of this property was before the Board under its site plan review by-law, seeking to pave the front of the property for parking purposes.  It is currently covered with gravel.

 

Mr. Solomon reported that this area was currently being used for parking and was to stay a parking area.  The question was would there be any impact on surface water if this area is paved.  He asked Mr. O’Cain about this.  Mr. O’Cain answered that he didn’t think water would be an issue.  His main concern was that the applicant was also planning on paving the rear of the parcel, which would make this parcel a 100% impervious lot.  However, he thought this might be a zoning issue. 

 

Mr. Hauser asked the applicant if she had looked into using a different surface that would be permeable.  Ms. Maniscalco thought it would look unattractive if the entire front of the parcel was paved.  She suggested half of it be landscaped to make it more attractive and the remainder be parking.  That was the purpose of site plan review, to beautify the center of Town.  The Board suggested the applicant come back with a revised plan showing some landscaping and two areas approximately 9x18’ for parking.

 

VII.      VII.  STREET NAMES

 

After discussion, Ms. Maniscalco moved to name the street in King Phillip’s Estates “Solstice Way.”  Seconded by Mr. Solomon.  Voted, three in favor, one abstention (Mr. Hauser).

 

The Board postponed naming the street in the Hunter’s Ridge subdivision to the next meeting.

 

 

 

Minutes of Meeting                           Page Seven                             April 27, 2005

 

VIII. There being no further business before the Board, the meeting was  adjourned at 11 p.m.