Town of Sharon Planning Board

Meeting Minutes of 11/28/07

Amended and Approved on December 12, 2007

 

 

Planning Board Attendees

Eli Hauser – Chair

Paul Lauenstein

Arnold Cohen – Vice Chair

Amanda Sloan 

Susan Price – Clerk

 

 

Peter O’Cain, Town Engineer, Consultant

 

Attendees

Michael Campagnoe – Miller Engineering

Joel Fishman

Fred Clark – Mirrione Realty Corp

 

Nick Mirrione – Mirrione Realty Corp

 

 

Meeting Initiation

The meeting was called to order at 7:30 PM by Chair Eli Hauser who read the Chair’s report.

 

Meeting Minutes

Mr. Cohen moved to accept the minutes of 11/14/07 as amended. Ms. Price seconded the motion. The Board voted 4-0-1 in favor. Mr. Hauser abstained because he was not present on 11/14/07.

 

Review/approval of the meeting minutes of 10/31 were deferred until 12/10/07.

 

Form A’s

·         Mr. Cohen moved to approve the plan of relocation of property lines on 345 and 355 Massapoag Avenue, owners Douglas and Jane Kelly and Doris and Philip Baraske, dated July 24, 2007 and revised October 30, 2007 as not needing approval under the subdivision control law. Ms. Price seconded the motion and the Board voted 5-0-0 in favor.

 

·         Mr. Cohen moved to approve the plan of land owned by Hanna N. Fadel - 320 Norwood Street dated October 25th, 2007 as not requiring approval under the subdivision control law. Ms. Price seconded the motion and the Board voted 5-0-0 in favor.

 

·         Mr. Cohen moved to approve the plan for the subdivision of Griffin Lot for Eugene Griffin - 435 East Foxboro Street as not requiring approval under the subdivision control law. Ms. Price seconded the motion and the Board voted 5-0-0 in favor.

 

·         Mr. Cohen moved to endorse the plan of land (Glendale Village) dated November 1, 2007 as not requiring approval under the subdivision control law. Ms. Price seconded the motion and the Board voted 5-0-0 in favor.  This plan creates two non-buildable lots. One lot is to be conveyed to the Town of Sharon and the second conveyed to an abutting property owner.  In addition, two waivers were requested; one to pay the filing fee and the second to not show wetlands 150 feet beyond the property perimeter.  Mr. Cohen moved to grant the two waivers set forth in the 11/28/07 memo from John Rhodes. Ms. Price seconded the motion, The Board voted 4-1-0 in favor. Mr. Hauser voted no.

 

·         Mr. O’Cain discussed the as-built plan for Aspen Road Extension.  He confirmed to the Board that he verified the lights, hydrants etc. Mr. Cohen moved that the Planning Board approve the Aspen Road Extension As-Built Plan dated 8/30/2006. Mr. Lauenstein seconded the motion. The Board voted 4-0-0 in favor. Ms. Price recused herself from the vote.

 

Hunter’s Ridge

Mr. Nick Mirrione, Trustee of Hunter’s Ridge Realty Trust came before the Board to request an amendment to the Special Permit for the Hunter’s Ridge development located at 155 and 157 North Main Street. Specifically, the request is to substitute page three of the Special Permit decision, paragraph one, last sentence which reads as follows: “Residents of the units must be at least 55 years of age.” They requested that the Planning Board strike the existing language and substitute the following language: “All dwelling units must be age qualified residents as defined by section 4363 of the Town of Sharon Zoning By-Law.”

 

Mr. Mirrione stated he wants to have one person less than 55 to be allowed residency. He said that the Fair Housing Act or HOPPA states the minimum age as defined by the state to have live in a home is 18 years of age. He has had two instances where he could not sell houses because one person is under the age of 55.

 

Mr. Cohen stated he was unsure if the language within the special permit would allow this. Mr. Clark, Attorney for Mr. Mirrione, said this is common language.  Mr. Lauenstein expressed concern that other people who already bought units did so under the existing terms that prohibit occupants under age 55, and might object to changing the rules after the fact. He also pointed out that a density bonus was granted for the age restriction, and expressed concern that school age children might move in.

 

Mr. Cohen stated that a Public Hearing would be required for the Planning Board to reach a decision to amend the Special Permit.

 

Ms. Sloan stated we should have a Public Hearing. She felt that, regardless of where the original special permit language had come from (in this case it came from the developer), in view of the strong feelings townspeople have around this development, the language should not be changed without going before the town. She stated that in many ways the conditions calling for the change in language could have been predicted and wondered why the language had originally been written the way it was.

 

Mr. Cohen stated he wrote the special permit based in part on the draft language developed by the developer. Mr. Hauser said that the Planning Board did not restrict the age of 55. It was submitted the way it was presented by the applicant.

 

Ms. Price asked if the remaining 5% as per the definition in the zoning bylaws, can be sold to younger people and Mr. Mirrione said according to the Fair Housing Act and the special permit, 5% can be for people under 55 years of age. Mr. Mirrione indicated he would prefer to have all of the units age restricted and that they would write the permit to continue having only people over 55 years of age (with the new 1 person between 18 and 55).

 

Mr. Hauser suggested that Mr. Mirrione work with Attorney Gelerman for the exact language that they want the Planning Board to consider. He asked that Mr. Mirrione pay Mr. Gelerman for his fees as well as the cost to advertise the Public Hearing in the newspaper. Mr. Mirrione agreed to pay for these costs.

 

Mr. O’Cain agreed to provide an abutter list and associated labels for a mailing.

 

Mr. Mirrione said he will bring the 3 current owners of Hunter’s Ridge properties as well as interested buyers to the Public Hearing. 

 

Inclusionary Housing Bylaw

Mr. Lauenstein stated that Mr. David Wluka, President of New England Realtors, said that he does not feel the financial burden for affordable housing should be born by the developer. We should allow density bonuses for requiring affordable units. Mr. Lauenstein asked the Board for their opinion prior to replying to Mr. Wluka.  Mr. Cohen asked if other towns have passed Inclusionary Housing Bylaws without offering density bonuses.

 

Mr. Hauser suggested that in order to proceed with the Inclusionary Housing Bylaw, Mr. Lauenstein should decide if Inclusionary Zoning is a production plan to produce homes or insurance against backsliding on our 40B quota due to large developments. He suggested clarity was needed. He is not in favor of density bonuses. He recommended that 2 to 3 meetings with the Finance Committee be set-up as a working session to solicit ideas and feedback as well as hold a Community meeting.

 

Ms. Sloan is in agreement with Mr. Hauser. She stated the process is important, brainstorming sessions are needed and people want to be heard.

 

Ms. Price suggested looking at other towns that adopted the bylaw, with and without offering density bonuses.

 

Mr. Cohen stated this illustrates so many different angles that people can disagree on. The state is telling us we need 10%.

 

Other Business

Ms. Sloan provided the Board with a copy of the New Low Impact Development Bylaw adopted by the Town of Ashburnham.  She commented that this bylaw will provide guidance that will prevent harmful impacts from land development activities.

 

Calendar of Events for the Planning Board

Next meeting dates: 12/12 and 1/2

 

Sign Review

None.

 

Bond Reduction

None.

 

Meeting Adjournment

Mr. Cohen moved to adjourn the meeting at 10:00 PM and Mr. Lauenstein seconded the motion. The Board voted 5-0-0 in favor.