Town of Sharon Planning Board

Meeting Minutes of 4/29/09

Approve on 6/17/09

 

 

Planning Board Attendees

Arnold Cohen, Chair 

Susan Price

Paul Lauenstein, Vice Chair

Amanda Sloan   

Eli Hauser, Clerk   

 

 

Peter O’Cain, Town Engineer, Consultant

 

Attendees

Attorney Robert Shelmerdine

 

 

Meeting Initiation/Chair’s Report

Chair Cohen called the meeting to order at 7:30 PM and conducted the proceedings.

 

Hunter’s Ridge

Attorney Bob Shelmerdine representing Michael Intoccia and Hunter’s Ridge, LLC came before the Board to request an amendment to the decision on the application for Special Permit Pursuant to section 4371 of the Zoning Bylaws issued to Hunter’s Ridge Realty Trust by the Planning Board for the Hunter’s Ridge Development on April 27, 2005 and filed with the Town Clerk on May 3, 2005.  He stated that they are asking for a modification to the special permit only; they want to alter the internal lot lines by way of a Form A. He showed the Board the plan of what they would like to do which is to build town houses instead of single family homes. The utilities, open space and roads would all remain in the same place. They will be building 47 units, as mostly duplex houses so about ½ the number of individual buildings, and will be taking down the three units that currently exist as part of this. Twenty units will be age qualified; the property is under purchase and sales agreement. It is not being purchased out of foreclosure.

The terms of the purchase and sales agreement were approved. Mr. Shelmerdine stated that the definitive plan has a freeze on it so he can go by the 2004 bylaws. A deep conversation ensued between the Board members and Mr. Shelmerdine regarding the math used to calculate the appropriate number of age qualified units. They all questioned his mathematical calculations.

Mr. O’Cain said he would send the Board the original approval for Hunter’s Ridge via email. The retaining wall and fence were discussed as well. Mr. O’Cain said there is a need for a fence on the abutter’s side so it is not so dangerous. There is supposed to be public access space.  Mr. Shelmerdine replied that he is going through the modification of the existing conditions. He said the term accessible is wide open for interpretation.  Mr. Cohen said he was concerned as to whether or not they can get both the 1.75 and 1.25 bonuses for aged qualified and affordable. Mr. Cohen stated that the Town Counsel needs to determine the appropriate calculation and to determine if they can get extra no age qualified units as a result of building age qualified units.

 

Mr. O’Cain stated there were several concerns that were overlooked by the previous land owners and wanted these items brought forward. He said that the original plan called for a plan between Mr. Mirrione and the abutters to discuss the vegetative buffer, dust control and storm water plan. He questioned if the storm water pollution plan will be transferred from Mr. Mirrione.  He asked if they would be assuming the bond or posting a new bond and Mr.  Shelmerdine stated they are keeping the current bond. Mr. Shelmerdine said he was having a meeting the week before the public hearing with the abutters at the club house. Mr. O’Cain asked that the results of that meeting be sent to the Board prior to the public hearing. Mr. O’Cain stated that there are between 20K – 30K yards of dirt that needs to be removed including large rocks and asked if they have an earth removal permit.  He asked if these transfer from the previous owners or not. He also asked if Mr. Mirrrione relinquishes responsibility to the property and Mr.  Shelmerdine said the responsibility remains with the new owner. Mr. O’Cain said he would be sending all of his concerns to Attorney Gelerman.

 

Mr. Lauenstein questioned the mounds of top soil on the property and whether it could be used elsewhere. Mr. O’Cain said that the quality is not very thick and that it has to remain on the property.

 

In summary, the Board stated that Mr. Shelmerdine’s mathematical calculations need to be clear because the development is split between age qualified and non-aged qualified units. Mr. Cohen suggested that a Planning Board member speak with Attorney Gelerman about all concerns. Mr. Shelmerdine will speak with Attorney Gelerman regarding the freeze in the Zoning Bylaws as applied to this development.

 

Sign Reviews

None

 

Other Business

1.      Mr. O’Cain stated that Article 12 was dropped from the warrant for the upcoming Town Meeting because the abutters could not agree.  Mr. Cohen said that this is a Selectmen’s article and he does not accept that the owner can stop the proceedings. Mr. O’Cain said that the County will not abandon the land without the consent of all abutters. They said the attorney for Mr. Chitvanni, the proponent, wants to take this up in the fall.

 

Meeting Minutes

Mr. Lauenstein moved to approve the minutes of 4/15/09 as amended. Mr. Hauser seconded the motion. The Board voted 4-0-0. (Ms. Price had previously left.)

 

Next Meeting dates

5/20, 6/4

 

Meeting Adjournment

Meeting adjourned at 10:00 PM. Mr. Lauenstein moved to close the meeting and Ms. Sloan seconded the motion. The Board voted 4-0-0 in favor.