Town of Sharon Planning Board

Meeting Minutes of 5/14/08

Amended and Approved on 6/4/08

 

Planning Board Attendees

Eli Hauser,  Chair  

Paul Lauenstein 

Arnold Cohen,  Vice Chair

Amanda Sloan - absent

Susan Price,  Clerk

 

 

Peter O’Cain, Town Engineer, Consultant - absent

 

Attendees

None

 

 

Chair’s Report

The meeting began at 7:45 PM with Mr. Hauser reading the Chair’s Report. A conversation ensued between the Board members regarding Sharon Commons scenic road tree issue. Mr. Hauser read an email from John Lee with the latest entry dated May 14th into the record as relates to Sharon Commons Scenic Road Trees.

 

Sent: Wednesday, May 14, 2008 11:25 AM
To: Eli Hauser
Subject: Re: FW:
Sharon Commons Scenic Road Trees
 
Eli,
 
For the Phase II decision, I would like to have a value of  the trees. Allowing the applicant to a time for "negotiation" with the Tree Warden leaves too many open issues.
 
Thanks,
 John Lee
 
 On
Wed, 14 May 2008 10:53:58 -0400
"Eli Hauser" <ehauser@solidworks.com> wrote:


Hi John

 The Town guidelines/regulations/by-laws direct a compensation value as part of the decisioning; so we are in alignment on objective and decision from the Planning Board. Our objective was for you to be appraised on the components of the decision and the condition of approval on a negotiated agreement being prepared by the Tree Warden and presented as part of the landscaping plan. This has clearly been achieved. So far so good. My understanding is the Tree Warden has prepared a calculation for discussion. The purpose of my note to you was to clarify a point I believe was communicated to you in error as regarding the permission to start cutting trees. My read on the decision is that the applicant is approved to cut the trees and proceed with the road, and that a negotiation with the Tree Warden is a condition of approval. Atty Gelerman can comment further. I deleted names from this email to not violate open meeting rules on participants.

Regards
Eli
 
> -----Original Message-----
> From: Lee, John J LTC NG NG NGB
> [mailto:john.lee18@us.army.mil]
> Sent: Wednesday, May 14, 2008 9:59 AM
> To: Eli Hauser
> Cc: jlee@norfolkaggie.org; Richard A. Gelerman Esq.;
> acohen@bassdoherty.com; kweber@townofsharon.org;
> lauenstein@comcast.net;
> Ktparkwood7@aol.com
> Subject: Re: FW: Sharon Commons Scenic Road Trees
 
 Eli,

The ZBA has reviewed the decision for Phase II of the Special Permit. Phase II deals with site preparation and engineering work on the site. This includes cutting of trees. The ZBA would like to have a cost of the trees for compensation to the Town for the loss on the
Scenic Way. I saw one estimate for $200 per tree. I was hoping to have a value for our meeting tonight. Has someone (Tree Warden?) calculated a value for the loss of trees for this project? If this value exists, please forward it or bring the calculation to the ZBA meeting tonight.

 Thanks, John Lee

> ----- Original Message -----
> From: Eli Hauser <ehauser@solidworks.com>
> Date: Wednesday, May 14, 2008 8:52
> Subject: FW: Sharon Commons Scenic Road Trees
> To: jlee@norfolkaggie.org, john.lee18@us.army.mil
> Cc: "Richard A. Gelerman Esq."
> <rgelerman@gelermanbuschmann.com>,
> acohen@bassdoherty.com

John,

I have sent the following note to Atty Gelerman for his comment today. I wanted to give you a heads up for your meeting tonight  I believe Peter's note on the construction timeline was in error that the Planning Board wants to see a compensation plan prepared and agreed to; but was not an intent of the PB to constrain the timeline.

Eli_____________________________
 
> > From: Eli Hauser
> > Sent: Wed 5/14/2008
8:41 AM
> > To: Richard A. Gelerman Esq.
> > Cc: acohen@bassdoherty.com
> > Subject: FW:
Sharon Commons Scenic Road Trees
I believe the modifier "pursuant" refers to the Act. I do not believe the intent of the Planning Board was to constrain the construction timeline; but rather to have a compensation plan prepared and negotiated by the Tree Warden and then presented to the ZBA as part of landscaping discussion for their
evaluation on "goodness" of compensation.

pls advise. Eli
 
From: Bob [mailto:bob@intoccia.com]
> > Sent: Tue 5/13/2008
3:25 PM
> > To: Eli Hauser; 'Eli Hauser'
> > Subject:
Sharon Commons Scenic Road Trees

Planning Board Chair:

 We request that the Planning Chair clarify the vote of the PB  regarding the
Scenic Road Approval. On April 9, 2008, the Planning Board voted as follows:  "Mr. Cohen motioned to approve the tree removal and moving the  stone walls pursuant to the Scenic Road Act conditioned on the  number of trees being determined and the stone walls being moved  and negotiation of a compensatory action plan that meets the  approval of the ZBA and Tree Warden. The Planning Board will write  a letter to the Board of Appeals that the Planning Board approval of the plan is conditional upon the Tree Warden's approval of the settlement for the value of the trees. The developer should  rebuild the stone walls being removed and put them in another visible location as stone walls of the same style and to identify and consider moving significant trees, if possible, and shifting  the roadway if removal of a specimen tree can be avoided. In  addition erosion control measures (i.e., hay bales) need to be in  place within 24 hours of clearing the land. Ms. Price seconded the  motion.  The Board voted to approve the motion 4-1-0. Mr. Shelmerdine  agreed to come back on 4/30/08 with the number of trees."

Therefore, the elements and timing established by the Planning  Board is as follows:

1. Approval for removal of trees and stones walls within the
Old  Post Road layout as shown on the Plan entitled "Public Shade Tree  Clearing Limit" dated march 21, 2008 is approved.
2. The number of trees taken down must be determined. (Completed)
3. The stone walls being moved must be determined. (Completed)
4. The compensatory action plan must be negotiated with the  approval of the ZBA and the Tree Warden (To be determined by Tree  Warden)

5. The Planning Board will write a letter to the  ZBA that  the Scenic Road Approval is conditioned upon the Tree Warden's  approval of the Settlement for the value of  trees. (Completed by  Peter O'Cain's e-mail of May 1, 2008)
6. The stone wall replacement is to be placed in  another visible  location of the same style. (To be determined by Tree Warden)
7. Identify and consider moving significant trees, if possible, or  shift the roadway if removal of a specimen tree can be avoided.  (To be determined by Tree Warden)
8. Erosion controls measures must be established no later than 24  hours after clearing. (Completed - already installed before tree  cutting)  While there are a number of conditions, most of which have been  satisfied, there is no prohibition against tree cutting prior to negotiation of the Compensatory Action Plan with the Tree Warden  and the ZBA. But in an e-mail from Peter O'Cain to John Lee, ZBA  Chair, dated
May 1, 2008, Mr. O'Cain indicates that no trees may be cut prior to agreement of a Compensation Decision. This is  factually incorrect.  The ZBA is meeting tomorrow night to grant permission in an Early  Site Work Authorization Decision, which will allow us to go do  preliminary construction work, including cutting trees, which we  intend to do on May 27, 2008. But we anticipate that John Lee  will be chilled by Peter's letter stating that no trees can be cut  without ZBA approval. We have given the Landscaping Plans to Tom  Houston, but not to the ZBA and we do not think the ZBA will vote  tomorrow night to approve the Landscaping Plan on Tom's say so,  only. Could you please correct this notion with the ZBA and send  Mr. Lee an e-mail indicating that no such prohibition regarding Compensatory Plan Approval prior to Tree Cutting is contained in the PB vote. Please review......thank you.

 

 

Meeting Minutes

Mr. Cohen moved to accept the minutes of 4/30/08 as amended.  Ms. Price seconded the motion. The Board voted 4-0-0 in favor.

 

Sign Review/Bond Approval

None.

 

Form A’s

None.

 

Other Business

1.      Mr. Lauenstein proposed making a policy of never voting for something on the night it is heard during a public hearing. Mr. Cohen said he does not think this is necessary and Board consensus was the same.

 

2.      Ms. Price asked if there was an update on the status of the State potentially acquiring the Gutierrez land on Route 1 that was the proposed site for Simpson Housing. Mr. Hauser said he spoke with Selectmen Powell who will have someone in his office look into this.

 

3.      Mr. Lauenstein will address the Finance Committee with regard to Inclusionary Housing after determining the outcome of seven recent Supreme Judicial Court cases pertaining to 40B. Mr. Cohen will provide Mr. Lauenstein with references pertaining to recent court decisions. Mr. Hauser recommended using simple language such as one affordable housing unit for the first ten units plus one additional affordable unit for every additional seven units when writing the article including an exclusion for Brickstone.

 

4.      Mr. Hauser commented that on 5/28 the Economic Development Committee is hosting three vendors who are doing a study on P.O. Square based on the Priority Development Site Grant. Various Town Boards and Committee members were invited to attend. He wants everyone to hear about the study. Mr. Hauser said he will ask George Bailey to look into 40R Zoning. As P.O. Square is too far away from the train station, Mr. Bailey will work to have the area rezoned as 40 R. Mr. Hauser said he would like to create a sewage district in P.O. Square to facilitate economic growth. The Planning Board role for P.O. Square is 40 R Zoning, sewage district zoning and playing an advisory role on housing.

 

5.      Officer elections will be scheduled for the 6/4 meeting.

 

 

Next meeting dates through the end of May

·         6/4, 6/18, 7/9, 7/30

 

Meeting Adjournment

Mr. Cohen moved to adjourn the meeting at 9:10 PM and Ms. Price seconded the motion. The Board voted 4-0-0 in favor.