Town of Sharon Planning Board
Meeting Minutes of 9/24/08
Planning Board Attendees
|
Arnold Cohen, Chair |
Susan Price |
|
Paul Lauenstein, Vice Chair |
Amanda Sloan |
|
Eli Hauser, Clerk |
|
Peter O’Cain, Town Engineer, Consultant
Attendees
|
Donnell Murphy |
Walter Roan |
|
Hilary and Stephen Annino |
Kevin Webber – Tree Warden |
|
Rich and Barb Secor |
Marc Bluestein |
|
Beth Vitulli |
Maryjane and John Ahern |
|
Paul Aronson |
Leore Olsen |
|
Phil Macchi |
William Holmes |
|
Michael Labbe |
Ruth Barnett and Neil Birnbaum |
|
Ryan Madden |
|
Chair’s Report
The meeting began at 7:30 PM. Chair Cohen read the Chair’s Report.
Meeting Minutes
Ms. Price moved to accept the minutes of 9/18/08 as amended. Ms. Sloan seconded the motion. The Board voted 5-0-0 in favor of accepting the minutes of 9/18/08 as amended.
Zoning Bylaw Updates
Mr. O’Cain commented that Attorney Lisa Whelan of Attorney Gelerman’s office stated that since the sign bylaws appear in both the Zoning Bylaws and General Bylaws, they should be removed from the Zoning Bylaws. This article will be presented at Town Meeting.
Sign/Bond Approval
None
Capital Outlay Appointments
Ms. Amanda Sloan was appointed by the Board to the Capital Outlay Committee.
Scenic Roads Public Hearing
Clerk Eli Hauser read the Public Hearing notice which stated that “This is a scenic road Public Hearing in conjunction with the Tree Warden to review the proposed removal of street trees and the possible removal and reconstruction of stone walls on the northerly side of Lakeview Street between East Foxboro and Livingston Streets for construction of a pedestrian sidewalk.”
Mr. O’Cain provided a detailed PowerPoint presentation of the proposed Lakeview Street Sidewalk Project. He stated that the construction of a sidewalk arose from recommendations at Public Hearings on sidewalks, Board and Committee inputs. Additionally, several years ago, some of the residents petitioned for the installation of a sidewalk on a portion of Lakeview Street between Livingston Road and East Foxboro Street. He stated that it would also improve pedestrian safety in the area of recreational facilities. He explained what a scenic road hearing is and what is addressed. He provided details of what the project would involve including the removal of up to 27 trees, curbing requirements, impact to retaining walls as well as required easements. He provided the specific home addresses that would be affected along with the number of trees that would need to be removed. He also provided pictures of each address along the proposed route of the sidewalk. He commented that the project has an existing budget. Since asphalt prices have changed the project would need to be rebudgeted. The project actually began three years prior when a gas line was relocated from underneath the area from where the sidewalk is now being proposed. In the past there had been several Public Hearings of the Town Advisory Board, Selectmen, DPW and residents and adding a sidewalk to Lakeview Street was number one on the sidewalk priority list.
Mr. Cohen asked if the sidewalk could be built without cutting trees. Mr. O’Cain said the right of way is small and additional easements would be needed. Mr. O’Cain said residents may not be receptive to that. Ms. Sloan asked if the easements would need to be voted individually or together at Town Meeting and Mr. O’Cain said it is one package.
Mr. Lauenstein asked if the sidewalks would be plowed in the winter and Tree Warden Weber said they would.
Mr. Cohen asked if a Public Hearing under the Scenic Road Act had been previously held before the Planning Board for this sidewalk and Mr. O’Cain said yes but the project was dropped due to a homeowner objection.
Mr. Cohen said he thinks it is important to preserve the scenic quality of the road and suggested putting the sidewalk behind the trees. Mr. O’Cain said if people would let the sidewalk meander on the property he could but that would require additional easements.
After the Board commented the floor was opened to the residents.
Marc Bluestein of 3 Livingston Road stated that from 36 to 38 Livingston the road is wider. He suggested the sidewalk could come out farther into the road and not that many trees would need to be cut down. Mr. O’Cain said he would look into that as long as the radius is not made irregular.
Dave Martin of 350 N Main Street representing the Historical Commission said he oversees historical stone walls and the wall at the corner of Livingston may be historical. Mr. O’Cain said he was only looking at an easement and not touching the wall. Impact to the wall should not be an issue. All of the walls are being moved back, not taken down. Mr. Martin asked that he be kept informed of any wall movement issues.
John Ahern of 14 Livingston said he wants the sidewalk located in front of the boulder on his property.
Hilary and Stephen Annino of 40 Lakeview Street are opposed to any easement on their property.
Barb Secor of 6 Livingston asked if the sidewalk can at least be built from East Foxboro to Sturges if easements are a problem between Sturges and Livingston. Mr. O’Cain said this would be possible.
Bill Holmes of 18 Lakeview asked for an extra accommodation for the double tree on Livingston because it adds so much beauty to the street. Mr. O’Cain replied that it was number one on his list. Mr. Weber said that trees up to 12 feet tall can be replanted but would need the homeowner’s approval. Ms. Sloan asked if replanting was included in the budget and Mr. O’Cain said the Town has trees in stock.
It was asked of Mr. O’Cain if there would be any impact to existing driveways and the answer was no.
Mr. Bill Homes of 18 Lakeview said his lawn was dug up when the gas company removed the line and Mr. O’Cain told him the gas company is responsible to reseed.
Paul Aronson of 36 Lakeview said he doesn’t want his wall moved and Mr. O’Cain said he would try to make it work. He said he needs three easements from residents not in attendance and he would touch base with them. Right now the Town can only build the sidewalk from Sturges to East Foxboro Street without any easements.
Mr. O’Cain’s sense from the crowd is that everyone but one homeowner was in favor of the project. He stated that he did not believe an additional Public Hearing was needed. Only the easements would be voted on at Town Meeting. Ms. Sloan said she would like Mr. O’Cain to hear back from the other homeowners needing easements. Mr. O’Cain asked that the Board vote on making the sidewalk from East Foxboro Livingston to Sturges. Chair Cohen said the voting should be postponed until the next meeting.
Mr. Cohen commented that he prefers to preserve scenic roads. He is not in favor of nullifying the scenic aspect of the road by cutting down trees and building sidewalks with granite curbing that widens the paved part of the road. Ms. Sloan supported Mr. Cohen’s thoughts and said that in general, having the sidewalk off of the road is preferred. Mr. Lauenstein agreed as well that this is part of the character of the community. Mr. Hauser commented that you can’t build until the spring and that Mr. O’Cain will do what he needs to do. He feels the Board is in support of this and we will vote in two weeks.
Mr. O’Cain said he will explore moving the sidewalk out to avoid as many easements as possible. He is hopeful to get approval from Sturges to East Foxboro Street.
Ms. Price asked the owners of 40 Livingston Road if they were opposed to both the easement and to the removal of trees. They replied that there is value to the scenic road; it is a driving force in keeping speed down and thinks that putting in a sidewalk would ruin the look and hurt the appeal. They feel that building a sidewalk is inviting more people to walk closer to the houses. They bought this particular house because of its rural location and the trees.
The Board agreed to vote on this issue at the next meeting.
Light Industrial Use Regulations
Attorney Phil Macchi representing Mr. Donell Murphy provided a proposal for changes to Zoning Bylaw - 2330. Light Industrial Districts. Attorney Macchi said that Mr. Murphy, at some point in the future, would like to develop business property he owns in Sharon. They found that the by-law in Sharon is somewhat restrictive and possibly out of date as to allow uses under section 2330. They are trying to add uses in the light industrial district in line with neighboring towns. They went before the Board of Selectmen and if the Planning Board is interested, more study can be undertaken. They are asking the Planning Board to move forward with looking at their suggestions for an amendment to the by-law.
Mr. Cohen asked if they thought these changes would increase the potential for development.
Mr. Murphy said he grew up in Walpole and owns Walpole Park South which is 500,000 square feet on Route 1 not far from the property in Sharon that he owns. The next project he wants to tackle is a 300,000 square foot business park on his Sharon property.
Mr. Hauser said he is concerned with potential unintended consequences. He suggested there is usually a peer review of such a request. He asked what types of business they were interested in that could not be put there today. Mr. Murphy commented that they took reasonableness into account. The request is for good clean businesses as outlined in their proposal.
Mr. O’Cain said you cannot have dry cleaners, carwashes, repair shops or storage of chemicals in a Water Protection District.
Mr. Macchi asked the Board to consider his suggestions. He agreed with the Board’s consensus that we should to wait until the spring Town Meeting to present a proposed by-law change. He also commented that Attorney Gelerman has reviewed this.
Mr. Hauser asked about anticipated tax benefits for his clients project and was told that there would be between $400 – $450K in gross revenues.
Mr. Cohen said he wants to encourage and facilitate development. It makes sense to discuss this at Spring Town Meeting so we could have an adequate amount of time to review the proposal. Ms. Sloan said she strongly supports waiting until the spring. She thinks it is broadly written, a review is needed as well as time.
The applicant agreed to a peer review by Tom Houston.
Mr. Lauenstein asked where waste water would go and was told septic systems.
Ms. Price said she would like to look into simplifying the language in the Light Industrial District as well as put into the by-law the uses the Town wants to see and those that will make the town competitive.
Mr. O’Cain will provide the proposed by-law amendment to Tom Houston and request a price estimate to review the proposed zoning changes.
Next meeting dates
10/15, 10/29, 11/5 (tentative for public hearing on 40R), 11/12.
Meeting adjourned at 10:20 PM. Mr. Lauenstein moved to close the meeting and Ms. Price seconded the motion. The Board voted 5-0-0 in favor.