Town of Sharon Planning Board

Meeting Minutes of 4/30/08

Amended and Approved on 5/14/08

 

Planning Board Attendees

Eli Hauser,  Chair  

Paul Lauenstein 

Arnold Cohen,  Vice Chair

Amanda Sloan

Susan Price,  Clerk

 

 

Peter O’Cain, Town Engineer, Consultant

 

Attendees

Ken Caputo, Coler and Colantonio, Inc.

Richard Rudman, DLA Piper

Bob Shelmerdine, Intoccia Construction

Arlyne Mandell

Carl J. Kusch

Richard Mandell

Robert Daylor, Tetra Tech Rizzo

Paul Keane, P.E., TetraTech Rizzo

John Twohig, Goulston and Storrs

Christopher Regnier,  Goulston and Storrs

 

Chair’s Report

The meeting began at 7:30 PM with Mr. Hauser reading the Chair’s Report.

 

Meeting Minutes

Mr. Cohen moved to accept the minutes of 4/9/08 as amended.  Ms. Price seconded the motion. The Board voted 5-0-0 in favor.

 

Sign Review/Bond Approval

None.

 

Form A’s

A Form A application for the land off of Old Post Road was presented to the Board by Attorney Bob Shelmerdine, a representative of Sharon Commons. Mr. Shelmerdine stated to the Board that the development had received Phase One approval from the ZBA. Currently, they need to create a consolidated lot for the Sharon Commons project in order to show where Sharon Commons will exist and to ensure that the floor ratio requirement is met.  The plan had previously been provided to Peter O’Cain who provided his comments. The plan subsequently was updated pursuant to Mr. O’Cain’s comments.

 

In addition, Mr. Shelmerdine is requesting a waiver from Section 3.1.1.13, as the plan does not include wetland information 150 feet beyond the property line, which would include land across Route 95.  Mr. Hauser asked Mr. O’Cain if the Form A plan provided was compliant and Mr. O’Cain replied that it was.  Mr. Hauser also wanted to confirm that the developer was combining their lots within Business District D and 4.44 acres within Single Residence A (from land they are restricting from development) to become a 59.885 acre parcel in order to achieve their desired FAR and other dimensional requirements. Mr. O’Cain commented that Attorney Lisa Whalen from Attorney Gelerman’s office agreed with the proponent’s proposal and approach for the Form A application and provided case law precedent where the courts upheld a similar configuration.

 

A brief discussion ensued amongst the Planning Board members. Mr. Lauenstein expressed concern of using residentially zoned land to meet a density requirement in a commercial zone. Mr. Cohen commented that if Town Counsel stated it was okay, we should abide by that opinion. Ms. Price agreed with Mr. Lauenstein but stated that she understood it was an issue that had already been addressed by the ZBA. Ms. Sloan asked if the Conservation Commission expected to receive any of this land and Mr. O’Cain replied that it was stated within the Memorandum of Understanding that a portion of this lot may need to be kept as part of the development but would be restricted.  The remainder of the residential land, which includes the cranberry bogs, is to be given to the Conservation Commission. Mr. Shelmerdine stated that Tom Houston raised this issue to the ZBA last year and that is what generated them to ask DLA Piper, in a memorandum dated July 25, 2007, to show that case law allows for what they are proposing.  Mr. Cohen moved to approve as not required under the subdivision control law, the plan of land off Old Post Road, Sharon, MA prepared for Sharon CFII. LP c/o Congress Group, Inc. dated 4/25/08. Ms. Price seconded the motion. The Board voted 3-1-1. Mr. Lauenstein voted no and Ms. Sloan abstained.

 

Sharon Hills

The Board needed to vote, and, if approved, sign the Definitive Subdivision Plan for Sharon Hills. They also reviewed the draft decision addressed to Marlene Chused, Town Clerk, drafted by both Mr. Cohen and Ms. Price regarding the Sharon Hills subdivision plan. Mr. Lauenstein commented that the letter reflected the intent of the 4/9/08 Planning Board meeting. Mr. Cohen moved to endorse the decision dated 4/30/08 and Ms. Price seconded the motion. The Board voted 5-0-0 in favor of the motion. Ms. Levitts will forward the signed copy of this decision to Town Clerk Chused once transferred to Planning Board letter head.

 

Additionally, Mr. Hauser read a letter from Don Gilligan regarding the water quality sampling from Briggs Pond that was never provided by Tetra Tech Rizzo. Mr. Hauser spoke to Brickstone representatives and they stated they would forward the study to Mr. Gilligan.

 

Hunter’s Ridge

The Planning Board held a discussion on Hunters’ Ridge regarding the Board of Health’s

decision to allow the reduction of the age of one of the occupants in a portion of the units. The BOH comments are as follows: MOVED: (Bingham/Rosen) to amend the BOH prior approval for Hunter’s Ridge to require that the Homeowners’ Association documents be amended to include the allowance of five of the 49 units being occupied by one person between the age of 22 and 55; and that the developer be directed to issue no more than 5 deeds allowing no more than l person between ages 22 and 55. Furthermore, that the BOH be presented with the amended form of the deed and homeowners’ association documents for review and analysis prior to development of final language to assure how it will effectuate the board’s purpose.

 

Mr. Hauser stated that he spoke with Attorney Gelerman regarding the BOH allowing the age to be reduced to 22 years of age (instead of reducing it to 18) and Attorney Gelerman said the Town was allowed to be more restrictive than the State. Mr. Cohen moved that the Planning Board amend the decision on Hunter’s Ridge according to the same language adopted by the Board of Health as set forth in the 4/30/08 agenda. The Board voted 4-0-1. Ms. Sloan abstained.   

 

Other Business

1.      Ms. Levitts to prepare letter for Town Meeting regarding Article 29. As per Attorney Gelerman’s office no letter is required for Article 30.

2.      Mr. O’Cain said the State is potentially acquiring the land on Route 1 that was the proposed site for Simpson Housing. Ms. Levitts to email Mr. Cohen to write a letter to Ben Puritz regarding the taking of land on Route 1 owned by the Gutierrez  family.

3.      Mr. Cohen will further research the recent court decisions regarding 40B’s.

4.      Ms. Sloan asked Peter O’Cain to discuss the tailors/cleaners in the center of Town who display a ”hem pants sign“ that was not approved by the Board.

5.      The Tree Warden will be writing a negotiation settlement regarding Sharon Commons. Mr. O’Cain is waiting to view the full landscaping plan from the developer.

6.      Mr. Lauenstein commented that he had a group of volunteers go on the Sharon Commons property and count the number of trees over four inches in diameter. They determined there were 838 such trees. The count was sent to Attorney Shelmerdine who suggested to Mr. Lauenstein that certain trees were not in a “vehicular traveled way” and should not be counted.

7.      Mr. O’Cain will talk to the Tree Warden as he needs to negotiate the value of the trees. He will also follow-up with Mr. Shelmerdine regarding the landscaping plan.  He will ask the Tree Warden to write up the value as both a net plan (the gross number of trees over four inches in diameter to be removed minus those to be planted along the roadway) as well as a total plan and then provide it to the ZBA. Mr. Cohen suggested that if the Tree Warden needs guidance, he should come to the next meeting.

8.      Officer elections will be scheduled for the 5/14 meeting.

 

Next meeting dates through the end of May

·         5/14 and 5/28 - additional meetings

 

Meeting Adjournment

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