Town of Sharon Planning Board
Meeting Minutes of 10/29/08
Amended and Approved on November 17th, 2008
Planning Board Attendees
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Arnold Cohen, Chair |
Susan Price |
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Paul Lauenstein, Vice Chair |
Amanda Sloan |
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Eli Hauser, Clerk |
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Peter O’Cain, Town Engineer, Consultant
Attendees
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Phillip Macchi, Attorney for High Plain Overlay |
Bob Shelmerdine, Attorney for Sharon Commons |
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Richard Merrikin, Engineer for High Plain Overlay |
Deborah Robertson, 241 Moosehill Road, Walpole |
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Patricia and Scott Curran, 261 Moosehill Road, Walpole |
Robert and Virginia Christopher, 306 Moosehill Road, E. Walpole |
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Mary Mello, 3 Orchard Drive E. Walpole |
Homer and Martha Everhard, 334 Moosehill Road, E. Walpole |
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Alfred Cabral Jr., 329 Moosehill Road, E. Walpole |
Dante Ferrara, 275 Moosehill Road, E. Walpole |
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Emad El Bially, 20 Johnson Drive, 57 High Plain Street, Sharon |
Hesham Sadek, 20 Johnson Drive, 57 High Plain Street, Sharon |
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Aamir Rashad, 26 Laurel Road, Sharon |
Margaret and Edward McSweeney, 68 S. Walpole Street , Sharon |
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Adam Costa, Attorney for Town of Sharon |
Ryan Madden, 11 Lakeview Street, Sharon |
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Richard Scalzi, 6 Lakeview Street, Sharon |
Richard Gray, 756 Mountain Street, Sharon |
Meeting Initiation
The Public Hearings began at 7:30 PM.
Public Hearings
Mr. Cohen laid the groundwork for the format of the six public hearings to be held. He noted that State law says either Town boards or Town citizens can present articles in the Town Meeting warrant to amend Zoning Bylaws. He said that the proponents of each article will first present the articles, then the Board members can ask questions and then comments from the other attendees will be taken one at a time. He said that the public attendees should wait to be recognized and then should state their name and address before making a comment and asking a question.
Johnson Drive Public Hearings
Paul Lauenstein read the three legal ads for the Johnson Drive articles as appeared in the Sharon Advocate dated 10/10 and 10/17.
Phil Macchi of 1256 Washington Street, Norwood, is the attorney for the proponent and provided a background of the articles. Mr. Macchi stated that after Route 95 was constructed, there were two roadway layouts that led to nothing. Several parcels of land listed in the 1932, 1962 and 1966 layouts were not being used. When Route 95 was rerouted, this land became cut off. The first part of article 6 is to create a layout of the roads.
Mr. Richard Merrikin of Merrikin Engineering in Millis said the ultimate goal of Article 6 is to create a legal road in Sharon called Johnson Drive. It currently exists as an accepted road in Walpole. He further elaborated that in getting ready for Route 95 the State cut off connection to Moose Hill Drive. There was a small portion of High Plain Street that ended. At that point, the Town of Sharon took a small piece of the land as a Town Way. He said that the Selectmen have accepted the layout as 60 feet wide. He said the Town Meeting needs to authorize the Johnson Drive layout. He continued by stating that the second portion of the article deals with the rest of the land owned by the Town. He wants to discontinue the Town Way (like an easement) and it would become Town land free of the easement. The article directs the Selectmen to declare the land as surplus if it is agreed that is it not usable for any other purpose by any of the Town Boards or Committees. In summary, the article authorizes a revised layout, the removal of the Town Way, and the Selectmen to declare the land surplus and sell the land if they so decide.
Attorney Macchi continued by stating that Article 8 discusses what is being proposed for the Zoning Map. If the Town approves Article 6, Mr. Macchi would go before the County Commission to abandon the easement. Once the easement is abandoned there will be one piece of land owned by Sharon. The overlay will encompass area of land and roadway owned by Sharon and Mr. Chitvanni (proponent). The Article would create a new overlay district on the Zoning Map.
Attorney Macchi said that Article 7 contains the new text for the Zoning Bylaw for the new overlay district. In the latest draft proposed Bylaw, they have reduced the building height to 45 feet and have taken out all heavy industrial uses. This would result in a smaller office building with reduced parking. They have tried to include general commercial and light industrial uses. They said they are asking for an overlay because changing the zoning otherwise would constitute unlawful spot zoning. Attorney Macchi said that the Town of Sharon will benefit from legal and engineering work performed by Mr. Chitvanni’s experts. If this land can be developed, then the commercial tax base will increase for the Town.
Mr. Alfred Cabral Jr., of 329 Moose Hill Road in East Walpole, presented Mr. Cohen with a copy of a letter addressed to Chairman Francis O’Brien of the Norfolk County Commissioners that expresses the concerns of the neighbors. Mr. Cabral said that his family’s land was taken by eminent domain and the cul de sac where it was located was a partial extension to High Plain Street. His family lost a portion of the front and back of their property but had been compensated by the State.
Several other Walpole residents expressed that they applaud the developers for trying to increase Sharon’s tax base but they are all opposed to the overlay district. They fear that their access will be limited; they are concerned with their children’s safety, property values, and that people will drive into the neighborhood to avoid the traffic signals on Route 1.
Mr. Sadek of 20 Johnson Drive and 57 High Plain Road presented the Board with a letter of his concerns and stated the information being presented fails to show the conditions of parcels adjacent to his property that have existed since 1962. He requested that the Board deny the proposed amendment. He said that his driveway, which crosses some of the land in question, does not have an easement. Attorney Macchi replied that the proponent would provide a legal easement and build him a driveway. Mr. Sadek said that he spoke with a real estate agent who said his property would be worthless with a commercial building on the property next to his house.
Mr. Christopher of 306 Moose Hill Road in Walpole said that he is concerned for the safety of the autistic children who attend the nearby League School and who walk through the neighborhood.
Mr. Cohen commented that while the Board may not be ready to vote, they are required by the Zoning Statute to have a Public Hearing. He said the Planning Board makes recommendations to Town Meeting and the Town Meeting then votes. The Town Meeting does not have to follow the Planning Board’s recommendation. Articles 7 and 8 are both zoning articles and require a 2/3 vote at Town Meeting.
Ms. Price asked Attorney Macchi if there is any change to the physical layout of Johnson Drive under the proposed articles and he replied there was not.
Mr. Cabral of 329 Moose Hill Road, East Walpole, asked where the access to the building is. Mr. Merrikin replied that they do not have a specific proposal and that this is only a public hearing on a proposed zoning article.
Ms. Sloan asked if there would be a time when other Town players could weigh in on the land and its use. Attorney Macchi replied that if the Planning Board voted to let the Selectmen sell the land as surplus, the Selectmen would first ask if any of the Town departments was interested and if not could then put it out for bid. It doesn’t necessarily mean it will be sold.
Mr. Lauenstein asked which uses would be allowed by right. Attorney Macchi said only residential. All of the rest would require a special permit.
Mr. Cohen said that with the changes discussed, a substitute article for Town Meeting is preferable. Attorney Macchi said he would make a redlined copy and bring it to Town Meeting.
The Board discussed voting on the articles and decided to meet next week on 11/5, to discuss further and vote.
Mr. Lauenstein wanted a clarification on the by right uses. Mr. Hauser suggested that Mr. Lauenstein check with Attorney Gelerman on the uses. He pointed out that a research facility could include research on hazardous chemicals which the Town might not want. The Board will vote at its next meeting and given the unique nature and the problem of incremental zoning, he would be interested in how the proponent would use the site and buffer.
The residents requested that the Board drive through the neighborhood.
Mr. Lauenstein moved to close the Public Hearing and Mr. Hauser seconded the motion. The Board voted 5-0-0 to close the hearing.
The Public Hearing on Johnson Drive was closed at 9:07 PM.
Sharon Commons Public Hearing
At 9:10 PM, Mr. Hauser read the legal notice for Articles 4 and 5 which pertain to Sharon Commons.
Attorney Bob Shelmerdine for proponent Old Post Road Development described and explained Article 4 and 5 as appears on the Town Warrant. He also introduced Adam Costa, an attorney who works for Michael Bobrowski who was hired by the Town to consult on 40R and these articles.
Attorney Shelmerdine stated that the Town and developers entered into an agreement regarding Sharon Commons in 2007. He said 58 acres were rezoned as commercial, part of the MOU conveyed 30 acres of bog land to the Conservation Commission, 16 acres were given to the Town for potential well site feasibility and 29 acres were restricted to natural heritage. He said that the Town hired Mr. Bobrowski to review the LIP that was also provided for in the MOU, and in their discussion decided that rather than doing a 40B the Town could create an overlay district pursuant to 40R. The Selectmen have submitted a 40R application to the State. He said development plans will remain the same if it is a 40B or a 40R. If a 40R is approved, 38 additional units will be built with parking inside of the building. Article 4 is a vote for the 40R overlay district which has zoning and design review. This is concerned with the 168 units provided for in the 2007 MOU. Article 5 takes the 168 units and adds 42 townhouse units. He said 25% would be designated as affordable if this property is developed as a 40R. If the 40R is passed, the developer, according to Attorney Shelmerdine, is considering paying for field lighting at the High School.
Adam Costa spoke to the Board by stating that he was hired by the Town and the developer is paying for his services. He said the process to create a 40R begins with the Board of Selectmen. A Public Hearing about the 40R and design standards is held before the Selectmen. A vote is taken and the application sent to the State. The Department of Housing and Community Development then reviews it. He said that the Town is not being asked to approve a specific project. Once the 40R zoning is approved, the applicant goes to the Plan Approval Authority which needs to review the plan. The PAA can request a traffic study and engineering peer review. Under 40B, the developer can ask for waivers from town zoning and other town requirements. A benefit of 40R is there are no requests for waivers. A 40R creates a new overlay district. There is still a review process. Design standards such as building, lighting, landscape and traffic are part of the by-law. Mr. Bobrowski had a conversation with Don Schmidt of the Department of Housing and Community Development and said they are currently reviewing the proposal. The DHCD will provide edits. It is a fluid process and the substance should not change. The benefits from 40R are payments for zoning incentives from the State. The amount of funds provided depends on the number of units. He said 201 units is the standard where payments jump from $100K to $250K in a lump sum. Once the building permits are issued, the Town gets a payment of $3000 for each unit from the State. These payments are not available under 40B. Another difference between a 40R and a 40B is only 20% needs to be affordable. Mr. Shelmerdine said this was a moot point because the developer already agreed to make 25% affordable. They estimated the 40R may result in State payment of about one million dollars to the Town.
Mr. Cain asked if the Town can still charge for the building permits and Mr. Costa said yes.
Mr. Shelmerdine said the benefit of 40R to the developers is that there are no profit limitations and no cost certifications. The negative of 40R is there are no waivers but they need to comply with all local regulations. In a 40B, there are profit limitations of 20%.
Ms. Sloan asked about the design standards that are appended to Article 4. Mr. Costa said that Tom Houston created them. Mr. Costa stated that the DHCD feels that Sharon Commons is a highly suitable location for a 40R.
Mr. Lauenstein commented that we are living in turbulent times. He questioned what would happen if the mall does not get built. Mr. Costa said that without the mall this would not be considered “smart growth.” He said the infrastructure and sidewalks need to get built. The State would make payments contingent on sidewalks and infrastructure. It would be a 40R because it would be a more dense development and in close proximity to retail. Mr. Costa said that the DHCD is acting on the assumption that the project will be built; what is important, is pedestrian access.
Mr. Shelmerdine reported that the Phase 2 approval is in place for the mall. On November 12th or 13th, the developer can begin the process of having construction on site.
Mr. Costa said that fiscal impacts of this project can be reviewed in advance of Town Meeting and provided.
Mr. Edward McSweeney of 68 S Walpole Street is concerned with the site design, the number of parking spaces allocated and the evacuation roads. Mr. O’Cain said that the plan shown could be changed. Mr. Cohen commented that all that is before the Board is the 2 warrant articles. The plan still needs to be approved by the Plan Approval Authority. Mr. McSweeney will have access to Public Hearings held by the ZBA.
Mr. Aamir Rashid of 26 Laurel Road asked if the two houses on Old Post Road are being taken down and Mr. Shelmerdine replied yes. Boundaries were discussed and Mr. Shelmerdine said they need to meet with the abutters and neighbors and address their concerns. He said all of this will be brought out at the ZBA hearings. Mr. Rashid said he has no faith in the agreement because it was said there would be a 20 foot buffer. Mr. Shelmerdine said there would be a buffer and improvements.
Mr. Lauenstein moved to close the Public Hearing and Mr. Hauser seconded the motion. The Board voted 5-0-0 to close the hearing at 10:30 PM.
Sign Bylaw Public Hearing
Mr. Hauser read the legal notice as pertained to the Sign Bylaw. This is Article 14.
Mr. O’Cain explained that the Sign Bylaws appear in both the General and Zoning Bylaws. Town Counsel had suggested having them in the General Bylaws only. The proposal is to delete the Sign Bylaws from the Zoning Bylaws.
Richard Gray of Mountain Street asked who would enforce the Sign Bylaws. Mr. O’Cain said that the Planning Board is responsible for issuing permits for Business District A. He said the Building Inspector is the final enforcement officer.
Mr. Lauenstein moved to close the Public Hearing and Mr. Hauser seconded the motion. The Board voted 5-0-0 to close the Public Hearing at 10:36PM.
Mr. Hauser moved to vote in favor of recommending approval of Article14 at Town Meeting. Mr. Lauenstein seconded the motion and the Board voted 5-0-0 in favor of this motion.
Public Hearing on Lakeview Street Easements.
At 10:39 PM, Mr. Hauser read the legal notice for Article 13. Mr. O’Cain commented that the Town of Sharon received a petition from the residents to build a sidewalk on Lakeview Street. Existing portions of the roadway are on private property. This article will allow the Town to accept easements for the roadway which encroaches on private property. The plans have been completed... The Article authorizes the Town to accept the easements.
Mr. Richard Gray of 756 Mountain Street said Lakeview Street was never constructed according to old plans. He stated that people are paying land taxes and some are not paying enough. He states that, in 1956, the Board of Selectmen made an error and he is asking that the action be tabled because of this error.
The Board decided to hold a vote on this article at the next meeting. Mr. Lauenstein moved to close the Public Hearing at 10:55 PM and Mr. Hauser seconded the motion. The Board voted 5-0-0.
Chair’s Report
Chair Cohen postponed the reading of the Chair’s Report until the next meeting, due to the late hour.
Sign/Bond Approval
None
Meeting Minutes
Review was postponed until next meeting.
Next meeting dates
11/5, 11/19, 12/3, 12/17
Meeting adjourned at 11:00 PM. Mr. Lauenstein moved to close the meeting and Mr. Hauser seconded the motion. The Board voted 5-0-0 in favor.