Town of Sharon Planning Board

Meeting Minutes of 12/3/08

Amended and Approved on January 8, 2009

 

 

Planning Board Attendees

Arnold Cohen, Chair 

Susan Price

Paul Lauenstein, Vice Chair

Amanda Sloan 

Eli Hauser, Clerk 

 

 

Peter O’Cain, Town Engineer, Consultant

 

Attendees

Bob Shelmerdine

Michael Intoccia

Bobby Bernardo

 

 

Meeting Initiation

The meeting began at 7:37 PM with Vice Chair Paul Lauenstein reading the Chair’s Report.

 

Sidewalk Project for Lakeview

The Board discussed selecting a date to hold a charette regarding the Lakeview Sidewalk Project. Mr. O’Cain wants to invite those impacted and those that petitioned for the sidewalk layout. He said he will videotape trees and house locations for the Board to visualize. He will bring the layout of the sidewalk, the plan for the street and the right of way so that all can clearly understand the situation. Mr. O’Cain also wanted the Planning Board to be clear that it is their responsibility to vote on the removal of trees not the design of the sidewalk.

 

Ms. Sloan said that people are more likely to vote on the removal of trees if they can see what the outcome will look like.

 

Mr. Lauenstein suggested that Mr. O’Cain work with Ms. Sloan to determine how the charette works as the process may be helpful for more contentious issues in the future.

 

Hunter’s Ridge

Mr. Intoccia and Mr. Shelmerdine came before the Board to let them know that Mr. Intoccia was interested in purchasing the Hunter’s Ridge property and developing it himself. Mr. Intoccia reported that currently two units are sold and three or four others are built but not sold. He is interested in keeping the clubhouse (and pool) but redesigning it or offering it to the Town for public use. He wants to re-landscape and is proposing to tear down the units that are unsold. He wants to add 44 units to the existing two sold units (which would yield a lower total than under the approved CSD). He noted that the current developer has an existing legal arrangement for four of the lots within the project but Mr. Intoccia is trying to get the deeds for those as well.  He projects that his design could have 30% more open space.  He described the units as all two-bedroom units with a loft. He wants to build in clusters of three attached units per cluster. Mr. Intoccia walked the Board through sample floor plans.  

 

Mr. O’Cain said that Hunter’s Ridge is a Conservation Subdivision Design (CSD) in a Single Residence B District, and is unsure if what is being proposed would be grandfathered under the old CSD bylaw or subject to the new, more restrictive CSD bylaw that was passed subsequent to approval of the original Hunter’s Ridge development.

 

Mr. Intoccia said he needs to change the plan because it is currently impossible to get financing for over age fifty-five projects. He said he would still provide 10 age-restricted units, but the balance would only be “age-directed,” meaning that older people would tend to move in because of the relatively high price and only two bedrooms, and because the master bedrooms in about two-thirds of the units would be downstairs. There would be no affordable units.

 

Mr. Hauser suggested that the proponents read the CSD bylaws, determine the appropriate requirements for multiple units and the yield under the underlying zoning, and also compare the amount of open space, take a look at the original CSD zoning bylaw and get a determination from Town Counsel Gelerman if this new filing can be grandfathered into the old CSD. He also said that more open space would be a plus. He said that if built, the eyesore of the stripped but undeveloped property as it stands now would be eliminated. He feels the neighbors would appreciate the design and asked Mr. Intoccia if he would take on the commitment to put up fences and trees. He said that if built, the property would be improved over the current situation, and feels the neighbors would appreciate the design and asked Mr. Intoccia if he would take on the current commitment to put up fences and trees.

 

Mr. Shelmerdine said that the previous developer should have developed the property in phases rather than stripping the entire site of trees and natural vegetation and that this would have helped to minimize erosion and improve the esthetics for the first wave of residents. After the applicants left, Mr. Lauenstein commented that he hoped the irony of Mr. Shelmerdine’s remarks was not lost on the other Planning Board members in view of the fact that the entire Sharon Commons site has been stripped.

 

Mr. Cohen said he was inclined to think that this is a major modification to the CSD and a public hearing would be required. He is not sure if the Planning Board can legally provide waivers for the number of units Mr. Intoccia wants to build, given that only 10, instead of all, of the units were to be age qualified and there would be no affordable units.

 

Mr. Intoccia said he would start the first fifteen homes in the high $300’s to get the ball rolling. He also said that he would like the Board and Town to work together on this.

 

Mr. Shelmerdine said they would use the same leaching field, the same wastewater treatment system, and the same sewer lines as the original development and there would be fewer residents than under the approved plan.

 

Ms. Sloan suggested adding a few rain gardens and Mr. Intoccia was amenable to the idea. Paul Lauenstein suggested using drought-tolerant grass so an irrigation system would be unnecessary.

 

Mr. Shelmerdine will speak with Attorney Gelerman regarding which version of the CSD bylaw would apply and whether it was permissible for the board to approve Mr. Intoccia’s proposal given the number of units he wants to build where there would be only 10 age qualified units and no affordable units.

 

There was also discussion of whether the CSD approval had lapsed since it was approved in April 2004 and may have needed an extension.

 

Mr. Intoccia asked how the Board felt about his proposal as he was trying to determine if he should proceed with the purchase of this property. The Board’s final comments were as follows:

 

·          Mr. Cohen said he is unsure if the Planning Board can give a waiver for more units than are allowed under the CSD by-law and wants the opinion of Town Counsel.

·         Ms. Sloan likes the idea of what was presented and appreciates that Mr. Intoccia would be receptive to the rain garden idea.

·         Mr. Hauser likes the idea of the project; and would like to see the property developed nicely and correctly; and this is a good improvement over where the current project seems to be at right now.

·         Mr. Lauenstein is concerned with 40B backsliding. He pointed out that the 46 new units would increase Sharon’s 40B quota by almost five units, but there would be no affordable units provided by the new development. He suggested Mr. Intoccia speak with the abutters to listen to their concerns. He appreciated the high-efficiency toilets being proposed. He added that a fence should be installed at the top of the stone retaining wall along the south border of the property for safety reasons.

·         Mr. Shelmerdine responded to the affordable count observation by noting that the difference between the current plan and the one Intoccia Co is proposing is 1 unit. e.g. with 52 units, the 10% affordable needed was 5 units, and with 2 being built, there was a net increase of 3 units; here with 44 units, the 10% required is 4.4.units, with none provided, for an increase of 4 (round down) affordables needed - and hence a net increase of 1 additional unit from the previous approved plan to this plan (e.g. 4 with new plan v. 3 with existing plan).

·         Ms. Price said that she also likes the ideas that were presented and that there would be progress made on the development.  She said she liked the style of the proposed buildings.  She asked for and received assurances that the homeowners of these units would not be allowed to convert the upstairs oversized walk-in closet/study (which has a window) into a bedroom because then the units would be three bedroom plus a loft, which would be inviting to families.

Sign/Bond Approval

None

 

Zoning Maps

The Board signed the Zoning Maps reflecting the changes for subzone A and B of the 40R District as approved at the 11/08 Town Meeting.

 

Capital Outlay Alternate

Mr. Hauser agreed to be the alternate representative of the Planning Board to the Capital Outlay Committee should Ms. Sloan be unable to attend a meeting.

 

Meeting Minutes

Mr. Lauenstein moved to approve the minutes of 11/17/08 as amended. Ms. Price seconded the motion. The Board voted 5-0-0 in favor of approval.

 

Communication

The Board discussed better ways to communicate with Sharon citizens on issues affecting specific neighborhoods and the community. It was determined that a quarterly article in the Advocate will be written but it was not yet determined who will do the actual writing. Additionally, it was determined that Ms. Levitts will post the agenda on the Town’s website in advance of meetings and that announcements of meetings will be made on Sharon Cable TV.

 

Next meeting dates

12/17, 1/7, 1/21

 

Other Business

1. Ms. Price will contact Colleen Tuck of the Charter Commission regarding the survey.

 

2. Ms. Price researched the location of the Sign Bylaws in other Towns (general bylaws vs. zoning bylaws) and will provide the Board with a write-up of her findings.

 

3.  Mr. Hauser said the Economic Development Committee’s Phase 1 Study is coming to an end. Three reports are expected on January 14, 2009 and they will hold a public meeting to present the results. When the reports are completed, Mr. Hauser would like to make a one hour presentation to the Planning Board during a February meeting.

 

4. Mr. O’Cain reported that he met with Mr. Macchi regarding Johnson Drive and said he advised him to pare down the allowable uses and work out the issues relating to the abutter’s driveway. A conversation ensued between the Board members as to what may have caused the Town meeting to vote the Johnson Drive Article down.

 

Meeting Adjournment

Meeting adjourned at 10:15 PM. Mr. Lauenstein moved to close the meeting and Ms. Price seconded the motion. The Board voted 5-0-0 in favor.