Town of Sharon Planning Board

Meeting Minutes of 12/18/08

Amended and Approved on January 8, 2009

 

 

Planning Board Attendees

Arnold Cohen, Chair 

Susan Price

Paul Lauenstein, Vice Chair  - absent

Amanda Sloan - absent 

Eli Hauser, Clerk 

 

 

Peter O’Cain, Town Engineer, Consultant

 

Attendees

Kevin Weber – Tree Warden

Richard Gray – 756 Mountain Street

Alan Watterson – 335 Mountain Street

Nyles Nager – Outback Engineering

Joe Kessler – 214 Mountain Street

 

 

Meeting Initiation

The meeting began at 7:45 PM with Chair Arnold Cohen reading the Chair’s Report.

 

Form A

Mr. O’Cain described the Form A for two existing houses on Mountain Street owned by Alan Watterson. The lots are being split to make one lot larger and one lot smaller. They will be two conforming lots. There was an unanswered question regarding the setback for the septic field as defined on the plan.

 

Mr. Hauser moved to authorize Town Engineer Peter O’Cain to endorse the Form A Plan for 335 Mountain Street in Sharon, MA as not requiring approval under the subdivision control law. Mr. O’Cain will review the appropriate setback for the septic field. Ms. Price seconded the motion. The Board voted 3-0-0.

 

Mr. O’Cain will sign the Form A after reviewing the septic field setback.

 

Public Hearing

The Public Hearing notice as published in the Sharon Advocate was read by Mr. Hauser as follows: “The Planning Board in conjunction with the Tree Warden will hold a Scenic Roads Public Hearing On Wednesday, December 17, 2008 at 9:00PM in the Sharon Community Center Hearing Room, 219 Massapoag Avenue, also known as Dubinsky Drive, Sharon, MA to review the proposed removal of street trees and the removal of a portion of a stone wall located at 335 Mountain Street.” The hearing began at 8:00 PM.

 

Tree Warden Weber stated that the trees to be removed are insignificant. He said that Mr. Watterson will remove the stone wall and reset it to its previous location. There are four small trees that fall under the Scenic Road Bylaws since they are 5 to 8 inches in diameter. The reason they are being removed is because the driveway is being relocated.  This matter involves the same property as the Form A that was discussed earlier in the meeting.

 

Mr. Richard Gray of 756 Mountain Street asked how far the driveway would be from the property line. Mr. O’Cain replied that it is 45 feet as per the setback and in addition, the stone wall is in the right of way.  Mr. Gray questioned if the stone wall or driveway is being built on a county way. He believes Norfolk County owns it. Mr. O’Cain stated he will contact the County regarding the construction of the driveway being on County land. Mr. Gray stated he does not want a precedent set.

 

At 8:15 PM Mr. Hauser moved to close the Public Hearing. Ms. Price seconded the motion and the Board voted 3-0-0 to close the Public Hearing.

 

Discussion on Public Hearing

The land owner, Mr. Watterson, said that he would reconfigure the driveway and reset the stone wall.  Mr. Hauser moved to approve the proposed removal of four trees on the scenic road and reconfiguration of the stone wall at 335 Mountain Street. Ms. Price seconded the motion. The Board voted 3-0-0 in favor.

 

Hunter’s Ridge

The Board discussed the possibility of Mr. Intoccia purchasing and developing the Hunter’s Ridge Project. Mr. O’Cain said he is waiting for numbers from Mr. Shelmerdine and that Mr. Mirrione said that two parties were interested in purchasing the property. Mr. Cohen said he does not see how the waiver of the maximum number of units would work in this situation. 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. Hauser said the key question is if they are grandfathered in, there could be a different type of waiver. Mr. Cohen stated that if they were grandfathered it would probably not matter. Mr. Hauser said if it were grandfathered they were approved for fifty units. Mr. Cohen said he believes the numbers will still be off. Mr. O’Cain interjected that if they can only build forty two units, it needs to be financially feasible for Intoccia to take over the project. Mr. Hauser stated that we need to see what Attorney Gelerman decides. Mr. O’Cain said he told Mr. Shelmerdine to contact Attorney Gelerman and he will follow up to determine if Mr. Intoccia’s proposed revised project would be grandfathered.

 

Sign/Bond Approval

None

 

Inclusionary Housing

No discussion

 

Sign By-Law

It was stated by Mr. O’Cain that the Building Inspector wants the Sign By-Laws to be part of the Zoning By-Laws so he would have authority to enforce them. The question still remains if they should be removed from the General Bylaws. Ms. Price said she will look into this matter and try to determine when the Sign Bylaws originally became a part of the General Bylaws. The question that needs to be asked of Attorney Gelerman is whether the Building Inspector can reinforce the Sign Bylaws if they are in the General Bylaws and not the Zoning By-Laws. The question must also be asked if grandfathering exists for signs. Ms. Levitts will forward a copy of the Zoning Bylaws to all members.

 

Meeting Minutes

The review and approval of the 12/3/08 meeting minutes was deferred until next meeting.

 

Next meeting dates

1/7, 1/21

 

 

Other Business

1. Ms. Levitts will determine the dates for items to be received for next Town Meeting.

 

2.  Ms. Price wants the Board to discuss which articles to pursue, including Inclusionary Housing, Sign Bylaw, Light Industrial District and Johnson Drive layout and abandonment article. Mr. O’Cain said Mr. Houston is working on the Light Industrial District Article and will determine if it will be ready for May Town Meeting.

 

3. Mr. Hauser discussed the Post Office Square Parking issue. He said this is not ready for Spring Town Meeting. He said there are three zoning questions to be discussed: 1) density parking issue, 2) creating a septic district and 3) in order to put 40R in a special permit is needed.  Mr. Hauser asked Mr. O’Cain is he can find out if the Delappa property is 40R, if he wants to redevelop two sites, is it a special permit or by right process.

 

4. Mr. O’Cain said he would walk through the Lakeview Sidewalk Project site with Ms. Sloan. He invited the Planning Board to join them.

 

5.  Charter Commission Survey – Ms. Price sent her comments to Mr. Cohen for review.

 

Meeting Adjournment

Meeting adjourned at 9:15 PM. Mr. Hauser moved to close the meeting and Ms. Price seconded the motion. The Board voted 3-0-0 in favor.