Town of Sharon Planning Board
Meeting Minutes of 6/17/09
Amended and Approved on 8/12/09
Planning Board Attendees
|
Paul Lauenstein, Chair |
Susan Price, Vice Chair |
|
Eli Hauser |
Amanda Sloan |
|
David Milowe, Clerk |
|
Peter O’Cain, Town Engineer, Consultant
Attendees
|
Robin Estrin |
John Shocket |
Meeting Initiation
The meeting was called to order at 7:37 PM by Chair Paul Lauenstein who read the Chair’s Report.
Sign Reviews
None
Eisenhower Drive
During the 6/3/09 meeting of the Planning Board, at the conclusion of the discussion regarding the landscaping of Eisenhower Drive Extension, Mr. Shocket agreed to put together a plan to present back to the Board at a future meeting. Mr. Shocket returned to the 6/17/09 Planning Board meeting with a plan.
Mr. O’Cain stated that Mr. Shocket hired Site Design Professionals, LLC to create the plan of Eisenhower Drive Extension in Sharon, MA, dated June 16, 2009. It was prepared by Paul Brodmerkle. The plan shows the sidewalk width was reduced by one foot in the cul de sac area. Mr. O’Cain said he discussed the tree plantings with the abutters and they want to choose the variety and number of shrubs in the cul-de-sac. He questioned if the bushes in the cul-de-sac will survive snow plowing. Mr. O’Cain said that on the new plan, the five foot grass strip indicated on the original plan was four feet, seven inches. Mr. Shocket could change back to four feet, seven inches all the way to the cul-de- sac as per the original plan. He also said that the abutters are happy and this would not affect their landscaping.
Ms. Price commented that she likes the idea of shrinking the sidewalk and asked if the utilities are within the three foot, five inch strip. Mr. Shocket said the utilities would be unaffected.
Mr. Hauser likes the plan and stated if lot 6 does not want trees in the strip the money should go to the tree fund. He does not like the cul-de-sac plantings. Mr. Milowe said he was pleased to hear that the neighbors are happy and the trees are consistent around the cul-de-sac. Ms. Sloan said that the plantings look fine. Barberry is no longer available in Massachusetts because it is so invasive and stated that the trees in the cul-de-sac are not too closely planted.
Mr. Lauenstein asked if there is any irrigation system in the cul-de-sac and Mr. Shocket said no, the grass needs to be watered. He will apply for the $200 from the Town for the cul-de-sac maintenance. Mr. Lauenstein recommended planting drought tolerant grass.
Ms. Price made a motion to approve the modification of the Eisenhower Drive Extension Subdivision from the 4/25/01 original approval as shown on the 6/16/09 plan of Eisenhower Extension subject to the following conditions – a) grass strip in the straightaway shall be shown as four feet, seven inches on plan, b) barberry shall be removed from planting note #6, c) island planting shall be revised to show grass strip and bushes, d) the applicant shall use porous pavement for the sidewalk, e) the width of the sidewalk in the circle shall be reduced to four feet as shown on the plan and f) the width of the grass strip between the sidewalk and pavement shall be reduced to three feet, six inches. Mr. Hauser seconded the motion and the Board voted 5-0-0 in favor.
Bond Reduction
Mr. O’Cain reported that Mr. Shocket, the developer of the Eisenhower Extension subdivision, Eisenhower Drive LLC, 6 Huron Drive, Natick, MA 01760 is requesting that the performance bond for the Eisenhower Extension subdivision be reduced by $14,300 for the granite curbing installed at Eisenhower Drive Extension. Ms. Price moved to approve the bond reduction for Eisenhower Extension subdivision by $14,300 to $97,700 as discussed in the 6/17/09 memo from Town Engineer Peter O’Cain. Ms. Sloan seconded the motion and the Board voted 5-0-0 in favor. Ms. Levitts will prepare the bond reduction request to the Town Treasurer.
Hunter’s Ridge
Mr. Lauenstein stated that as per Chapter 40A Section 9 of the Massachusetts General Law, the Planning Board vote taken on 5/20 regarding Hunter’s Ridge was invalid. He called the Town Attorney and she said it was not valid so the Public Hearing has to be held again. She also said that the hearing should be within 65 days of the April 29th filing and that 15 days were needed to repost the meeting. He said he spoke with Mr. Shelmerdine, attorney for the developer, who agreed to an extension until a new hearing to be scheduled for July 8th. He said that the Board will have 90 days from 7/8, the new date for the Public Hearing to issue a written Decision, including any conditions. He said he thinks two votes are needed; 1) approve or disapprove the development and 2) vote on the conditions. Both Ms. Sloan and Mr. Lauenstein said that the Planning Board should draft its decision and conditions with care. Mr. Lauenstein, Ms. Sloan and Ms. Price all provided their thoughts along with those of Mr. O’Cain.
Mr. O’Cain, in his capacity as storm water manager, said that as per the General Bylaws, the storm water permit is not transferable to the new developer. A public hearing would need to be held but the stormwarter manager can waive the requirements. He suggested that the Planning Board let him waive the public hearing but require that a new storm water permit be obtained. He also suggested that Tom Houston evaluate the storm water plan from Mr. Intoccia.
Mr. Hauser moved to allow Peter O’Cain to waive the Public Hearing for the storm water permit and allow Mr. O'Cain to issue the storm water permit without a Public Hearing. Mr. Milowe seconded the motion. The Board voted 5-0-0 in favor.
Robin Estrin of 66 Cheryl Drive asked the Board about Saturday work being performed on the property. Mr. O’Cain said that he will ask Attorney Gelerman if the old contract with Mr. Mirrione, which said that the hours of operation, is 7am – 5pm with no noise generation on the weekends, is binding. He said he will also contact Mr. Intoccia. Mr. Lauenstein said he had already sent a copy of the language regarding Saturday work to Mr. Shelmerdine but has not yet received a response. Mr. O'Cain said that the General Bylaws allow for work on the weekends so it matters if the previous decision is binding.
A brief discussion amongst the members ensued in which they discussed the use of professional services to assist with the preparation of the conditions as well as to provide input. Mr. Lauenstein said he spoke with Mr. Shelmerdine who said he would like to see a scope of the work to be performed by Mr. Houston before agreeing to anything.
Peter O’Cain said there are several legal issues that need to be addressed. They are 1) are the Jacobs and Bradley agreements with Mr. Mirrione binding? 2) is the previous decision binding until the new decision is written?, and 3) is there a limit to the number of building permits issued each year? Do 40B’s count?
Mr. Lauenstein said he will negotiate on behalf of the Board between Mr. Houston and Mr. Shelmerdine to get the scope of the work and bid.
Mr. Hauser provided his suggestions for the clubhouse which include 1) sell to residents to be used as a clubhouse, 2) donate to the Town as a youth center, 3) move the structure elsewhere in Sharon to be used for affordable housing or 4) take it down. He commented that it should not be converted to housing at the site if that would cause the development to exceed the limit on the number of housing units.
Ms. Estrin asked for clarification on whether the abutters requested plantings or fencing and suggested that a plan needs to be created to establish buffers. Mr. O’Cain said each abutter should sign off on their choices. He wants a plan for the fences and plantings from Mr. Intoccia.
Kendall Funds
Mr. Hauser reported that in April, The Economic Development Committee, under Susan Price’s direction, received a proposal from Land Strategies to prepare new zoning for P.O. Square estimated at $6,600. They also received a proposal for the creation of three color renderings for $10,000. $5,100 is also needed to complete a traffic study. Mr. Hauser asked if the Kendall Funds could be used to help with these costs. Ms. Levitts will email Roni Thaler to determine the dollar value in the Kendall Funds. Ms. Price moved to approve the use of the Kendall Funds for the outstanding portion of the traffic study not to exceed $5,100 and for the rezoning study for P.O. Square and renderings not to exceed $16,600, for a total expenditure of $21,700. Mr. Hauser seconded the motion. The Board voted 5-0-0 in favor.
Ms. Price moved to approve the minutes of 4/29/09 as amended. Mr. Hauser seconded the motion. The Board voted 4-0-1. (Mr. Milowe was absent)
Ms. Price moved to approve the minutes of 5/20/09 as amended. Ms. Sloan seconded the motion. The Board voted 3-0-2. (Mr. Milowe and Mr. Lauenstein were not in attendance.)
Meeting adjourned at 10:00 PM. Ms. Sloan moved to close the meeting and Mr. Milowe seconded the motion. The Board voted 5-0-0 in favor.