Town of Sharon Planning Board
Public Hearing
Meeting Minutes of February 28, 2007
Amended and Approved March 28th, 2007
Planning Board Attendees
|
Eli Hauser - Chair |
Amanda Sloan - Clerk |
|
Arnold Cohen – Vice Chair |
Paul Lauenstein |
Meeting Initiation
Meeting was called to order at 7:33 pm by Chair Eli Hauser
Meeting Discussion
Mr. Hauser described the agenda of the meeting as consisting of two presentations: a) the development team will provide an overview of the proposal and a description of what is being proposed. b) A 10 – 15 minute presentation from Tom Houston, an independent consultant hired by the town to bring input to the other boards. And then questions from the audience.
Mr. Cohen stated the purpose of the public hearing is that under Massachusetts law by statute if the article on the town warrant calls for amendments to the zoning bylaws. A public hearing before the Planning Board is required. The Planning Board after the public hearing will take a vote and decide whether to recommend approval of the article at Town Meeting.
Ms. Sloan read the public hearing announcement to the group.
Attorney Shelmerdine, representing Michael Intoccia Companies provided a site orientation of the 56 acre parcel to be developed. He stated it was a lifestyle center with 450,000 square feet of retail space and 45,000 square feet of office space. 3 larger stores are permitted; two would be at 80,000 square feet and 1 would be 75,000 square feet. Other than these large stores the next largest one could not exceed 60,000 square feet. One store will be a grocer and the other a movie theatre. The zoning bylaw says additionally that 15% of the space shall be limited to stores with no more than 8,000 square feet. The developer has entered into a Memorandum of Agreement (MOA). If the article is passed, the developer will donate 28 acres of land to the Conservation Commission; another 25-30 acre parcel will be donated in its entirety to the Town of Sharon; and a final 11 acre parcel as a potential well site. Access to the lifestyle center is solely from South Main Street and up the corridor to Old Post Road. Also the MOA includes a residential component but that is not a part of the rezoning effort.
Additionally the MOA describes traffic and roadway improvements to South Main, Gavins Pond, Laurel Road and Mitchell Street. There will be a signal at Shaw’s, the lanes will need to be widened and traffic signs put up. The level of service can not fall below its current standard. The developer is working with the Town and Mr. Houston regarding traffic and an analysis is underway. They also propose making Laurel Road a dead end, taking measures to isolate this street from the noise of the center. Traffic will be completely isolated from residential streets that surround it. They are collecting as much data as possible to make informed decisions on zoning changes. The developer will pay town expenses for the Town Meeting. Mr. Shelmerdine stated that historically the entire site is under the control of Michael Intoccia and in the last 4-5 years Mr. Intoccia had put together several residential proposals. In late fall of 2006, Mr. Intoccia was asked by town officials to add commercial to the site instead of residential and thus the current proposal.
With reference to revenue within the warrant article is a 6 page appendix prepared by the Finance Committee which shows that 2.3 million dollars in revenue will be brought to the town from this project.
The representative of Arrowstreet Architects provided a conceptual diagram of the site. He said the cranberry bogs are a nice feature to be part of the development. The site lies out with the center part looking like an hour glass. The main street analysis will include retail space with businesses above. It will have pedestrian friendly streets. It will take 6-12 months to obtain permits excluding the treatment plant. It will take 12-18 months for the treatment plant to get permits and 18-24 months for development.
Mr. Hauser stated that there have been multiple meeting held including 3 cross board meetings of the Economic Development Committee and the Selectmen. The objective is for all Boards to be informed on the project and provide feedback.
Mr. Tom Houston walked through the process and outlined the warrant article to describe how vision turns into legal dialogue to build a useful development but introduce safeguards to existing zoning for both state and federal zoning. Mr. Houston is the President PSC a Planning and Engineering Firm located in Foxboro, Ma. He was engaged to provide technical assistance to formulate 2 zoning bylaw articles – 1) to create a new business district D and 2) amend the zoning map to place district D on the zoning map. The two articles are interrelated. He stated the Planning Board directed him to formulate the article which balances development on the property while strengthening environmental controls and protecting to abutting neighborhoods. The land is currently zoned for residential. Creating a business District D will facilitate the building of a lifestyle center. The Board of Appeals can engage outside experts to look at the impact on the environment. The developer has to use by right and follow all guidelines. In order to obtain a special permit they would have to go before the Board of Appeals. Mr. Houston reiterated the store sizes and said there will be a 100 foot setback between the buildings and the residential areas. There will be a 50 foot no cut zone on South Main Street. No vehicles can access through South Walpole Street accept emergency vehicles through a gated access.
Mr. Houston went on to state that he strengthened storm water management requirements. There are stringent performance criteria. The proponent must prove that it will put a waste water treatment plant on site subject to permitting by the EPA. They are still subject to the regulatory process of the BOH. There are stringent standards that the effluent, when it reaches the property line, has to meet drinking water standards. Additionally there are rigid performance criteria that at every intersection have to be upgraded by the proponent to level of service D. The MOA will be recorded at the Registry of Deeds and must be complied with by the proponent.
Attorney John Rockwood from Gelerman’s office stated that the MOA was close to being finished and he expected the final version to be distributed on Friday.
Mr. Lauenstein asked what the current level of traffic service was and Mr. Houston replied it is unknown but there will be sufficient information by Town Meeting. A traffic sensitivity study is due next week to tell us the existing levels.
Audience questions included:
1) Ed McSweeney who was concerned with his private well. He asked if the town or developer had insurance should his well be contaminated. Steve Campbell stated that he has been discussing this with the BOH and they have to maintain a drinking water level. A contingency plan would be for the proponent to tie the residents into the new water pipe.
2) Alan Eisner – 6 Blair Circle questioned if the development of Patriot Place in Foxboro would have any economic impact on this project. Mr. Hauser stated that a macro economic study has not been looked at. Patriot Place is 1.2 – 1.3 million square feet and would house big stores.
3) Suzi Walsh of 60 South Main asked what is happening to the lot adjacent to the cemetery and was told it is not a part of the rezoning effort but part of the MOA for the residents. She also questioned the noise factor and time restrictions relative to trucks and trash removal. She was told they do not envision this to bed a problem as there is a single entity of management. She then asked about the upkeep of the site like trash removal and was told there is a solid coordinated plan. She also asked about the current tenant’s in Shaw’s plaza and road widening issues. The response stated there will be some striping of roads and any improvement will be achieved within town right of way. With reference to Shaw’s they have no control but were told that the current owners would like to improve the shopping center.
4) Christine Turnbull of 293 Moose Hill Street questioned a recent article regarding Foxboro's estimate on revenue from Patriot Place and Mr. Shelmerdine said he cannot comment on Foxboro’s proposal as there may be a different tax rate, etc.
5) Beth Green of 11 Huckleberry Lane asked where the residential components would be and was told near route 95. There would be 150 – 160 apartments and/or condos in a friendly 40B.
6) Suzi Peck of the Board of Health said this had been a process to change the regulations but there are some issues that were not captured in the article. She asked that issues of storm water and water treatment plant, key things from the CSD, and when the Sharon Zoning Board of Appeals hires a contractor she feels the BOH, and Con Comm. should help scope the study.
7) Aamir Rashid of 26 Laurel Road asked why the traffic study was performed during the school vacation week and the developer’s representative said they will apply a correction factor to compensate for school vacation week. The developer’s work was not a full blown traffic study but an attempt to predict traffic patterns.
8) Josh Martin of Laurel Road questioned a test well and the Town hiring an attorney to gain access to the land. John Rockwell said the town filed a lawsuit against one land owner to force the landowner to drill for exploratory test wells to see if it was a suitable site for a well. Mr. Cohen interjected that the town wanted access to the potential new well for a period of time and the owner was not cooperating. The Town authorized the town counsel to file a lawsuit. Mr. Lauenstein, speaking as Chair of the Water Commission said that $3,000 was authorized by the town on 2/05 to initiate a lawsuit to gain access to the land which is still ongoing. The developer has offered land that they believe may be a better site to locate a well.
9) Mr. Robert Stepansky of Colonel Gridley Road asked if the financial analysis looked at the police and fire demands on the town and Mr. Hauser replied yes.
10) Len Segal of Lyndon Road said it is the policy of the Registry of Deeds for Norfolk County to place recorded documents such as the MOA on the web within 24 hours. He also asked if the cranberry bogs are an easement or given to the town. If it is just maintained by Con Comm they do not have the budget, the bogs can go down hill. Mr. Hauser replied that Con Comm is taking ownership and that Mrs. Arguimbau and Mr. Heitin have engaged in discussion to maintain the bogs.
11) Suzi Walsh of 680 South Main Street asked where the residential area would be located and Mr. Intoccia said he hasn’t decided but agreed to discuss the type of residential housing with the Selectmen.
Mr. O’Cain, Assistant Town Engineer said that Appendix A of the Town Warrant discussed the lots to be rezoned.
Some of the Board members discussed their opinion of the pending articles and exchanged views and ideas as to how to think about the issues. They debated on whether or not to vote and after discussion decided to vote the night of the Town Meeting at 6:30pm
Mr. Cohen moved to close the Public Hearing on Article 1 for the Special Town Meeting; Mr. Lauenstein seconded the motion and the Board voted 4-0-0 to close the Public Hearing.
Ms. Sloan read the notice for Article 2. No discussion was held. Mr. Cohen moved to close the Public Hearing on Article 2 for the Special Town Meeting, Mr. Lauenstein seconded the motion and the Board voted 4-0-0 to close the Public Hearing.
A Special Town Meeting to be held on March 12th, 2007 to vote on the South Main Street Rezoning proposal. The Planning Board will convene at 6:30 pm to prepare their recommendation.
Meeting Adjournment
Mr. Cohen moved to adjourn meeting at 11:45 PM; Mr. Lauenstein seconded the motion; passed unanimously, 4-0-0.
Respectfully submitted,
Rachelle F. Levitts
Administrative Assistant