Town of Sharon Planning Board

 Meeting Minutes of 9/16/09

Amended and Approved on 10/28/09

 

 

Planning Board Attendees

Paul Lauenstein, Chair 

Susan Price, Vice Chair

Eli Hauser

Amanda Sloan

David Milowe, Clerk  - Absent

 

 

Peter O’Cain, Town Engineer, Consultant

 

Attendees

Brian Cook - Sharon Advocate

Elizabeth Essex - Mountain Street

Cheryl Weinstein - 4 Coach Lane

Edmond Burr - 2 Coach Lane

Ivars Apse - Coach Lane

Katrena/Tim Traut-Savino - 38 Morse St

Marilyn Kahn - 114 Ames Street

Arlyne/Richard Mandell - 580 Mountain

Susan Kerr - Mountain Street

Edward A. Welch – 281 Mountain St.

Bob Daylor - Tetra Tech Rizzo

Marty Spagat - Brickstone

John Twohig - Goulston & Storrs

David Hearne

Rita Corey - 282 Mountain Street

 

 

Chair Report

The meeting was called to order at 7:35 PM by Chair Paul Lauenstein who read the Chair’s Report and welcomed the televised audience via Sharon Cable Television. A small discussion ensued between the Board members regarding Bella Estates and the upcoming review of the landscape plan at the next Planning Board meeting on 9/30. It was noted that the landscaping plan would be available at the Library prior to the meeting. Also discussed was the open invoice to Mr. Tom Houston for services rendered which was to be paid by Intoccia Companies. Mr. Lauenstein confirmed his discussion on this matter with Mr. Shelmerdine and said that the invoice would be paid on 9/18/09.

 

Form A’s/Sign Reviews

None.

 

Meeting Minutes

Ms. Price moved to approve the minutes of 9/02/09 as amended. Ms. Sloan seconded the motion and the Board voted 3-0-0 in favor (Mr. Hauser had not yet arrived and Mr. Milowe was absent for the vote).

 

Sign Committee

Ms. Price reported she had found discrepancies in the Sign Bylaws between what was in printed form. There are minimal substantial changes that need to be made and she noted that there is an issue with the description of a Sign Committee that is not in operation. She suggested adding a sentence that would state which board would serve as the Sign Committee when there is no appointed Sign Committee. As this is a general bylaw, changes would need to be approved by Town Meeting. This may be a Town Clerk article but Ms. Price said she would assist with the process. A placeholder for this currently exists. Mr. O’Cain commented that edits have already been made to this bylaw and he questioned as to whether a public hearing is required. Ms. Price said she would verify this information with Attorney Cindy Amara.

 

Ms. Sloan thanked Ms. Price for the work she did on this project. She commented that she is concerned that she does not want the Town to look all the same and noted that signage is a big part of what people see while driving through Town. She stated that she would want a Sign Committee to be educated on what the standards are. Mr. O’Cain commented that he is unsure if the entire sign process can be homogeneous because the Light Industrial District and “Business D” have different sign goals and requirements than “Business A and B” districts. Mr. Lauenstein suggested this issue should be tabled for a future discussion. 

 

 Brickstone

Vice Chair Price read the Public Hearing Notice as published in the Sharon Advocate on 8/28 and 9/4 as follows:

 

The Planning Board will hold a public hearing on Wednesday, September 16, 2009 at 8:00 PM at the Sharon Community Center Hearing Room, located at 219 Massapoag Avenue (also marked Dubinsky Drive) in Sharon, Massachusetts to consider the proposed adoption of each of the following proposed zoning articles:  

 

To see of the Town will vote to amend the Zoning By-Laws of the Town of Sharon, Massachusetts as follows: By amending Section 4380 “Senior Living Overlay District (Senior Living District)”, Section 4382, Definitions, by adding at the end thereof the following: Unified Building System Area – An area shown on a drawing entitled “Senior Living District Development Plan” (last revised 08/06/2009) on file with the Town Clerk and incorporated herein as part of this By-Law within which, notwithstanding the building height and story provisions of Section 4385.c., the maximum building height including any accessory features, rooftop equipment, and mechanical penthouses but excluding elevator headhouses, shall not exceed elevation four hundred eighty-two (482) feet National Vertical Geodetic Datum, or to take any other action relative thereto.

 

To see of the Town will vote to amend the Zoning by-Laws of the Town of Sharon, Massachusetts as follows: By amending section 2312 “Permitted Community Service Uses” by adding to the second sentence after the words “water tower”, the words “water tank, water pump station”, changing the “:” after the word “building” to a “,”, and inserting the words ”and/or” before the word” park”, and adding at the end of the sentence the phrase “or any combination of the foregoing”, so that the revised second sentence reads:  “Municipal building, and/or park, water tower, water tank, water pump station or reservoir, or any combination of the foregoing.”

 

By amending section 2400 Dimensional Regulations, sections 2423, Coverage Limits, by adding at the end thereof the following: “the foregoing notwithstanding, for any lot located adjacent to the Senior Living Overlay District and that provides permitted community service use or uses, the following coverage limits shall be required:

   Maximum lot coverage:  thirty (30%) percent.

   Maximum area of impervious materials including structures: fifty 50%) percent.

   Maximum natural vegetation area: twenty (20%) percent.

 

By amending Section 2424, Building Location,  by adding at the end thereof the following: “the foregoing notwithstanding, there shall be no minimum separation between buildings and/or structures on the same lot for any lot located adjacent to the Senior Overlay District that provides a permitted community service use or uses,” or to take any other action relative thereto.

 

All persons interested in these matters are invited to attend such hearing. Copies of the referenced plan are on file with the Town Clerk. Sharon Planning Board Paul Lauenstein, Chair.

 

Paul Lauenstein pointed out that the words “maximum vegetation area” should be “minimum vegetation area”.

 

After the public hearing legal ad was read, Attorney John Twohig from Brickstone requested the Brickstone hearing be continued because all five members of the Board were not in attendance. The Board entered into discussion and received advice from Attorney Gelerman that there is a provision in the law that members can miss one meeting as long as a video is available and it is under the Chair’s discretion. Mr. Lauenstein determined that the meeting would continue but he would advocate for not voting tonight.  Mr. Hauser arrived during this discussion.

 

Mr. Twohig began the Brickstone presentation of Sharon Hills, A Senior Living Community which can be found on the Town of Sharon website . He discussed that the zoning change requested will create a square around the development with a maximum vertical elevation of 482 feet. The development will include 624 over 62 age-restricted residences included within 5 residential buildings, parking underground, an amenities building and a 150-bed nursing facility located within a unified building area.

 

Bob Daylor of Tetra Tech Rizzo stated that since last Fall they have been working on how the project could be built, and the appropriate design to use. He discussed utilizing elevation changes to minimize the amount of cut and fill, reduce site disturbances, reduce traffic by minimizing excess site materials, relocate the nursing facility to a unified building system away from Mountain Street, relocate the wastewater treatment plant and maintenance building to the unified building area, create a unified building system and clarify the height calculations to create an absolute height limitation. He stated that the changes proposed will result in buildings with absolute height no higher than currently allowed by zoning.

 

A chart depicting the maximum elevation of the buildings within the unified building system area was used by the project proponents to explain the varying building heights and proposed changes.

 

Cheryl Weinstein of 4 Coach Lane stated she thought all of the buildings could be 115 feet in height.  Mr. Daylor replied that that they would be staggered in heights with the maximum building height at 105 feet;115 feet including all mechanicals.

 

Ivers Apse of Coach Lane stated that there was nothing in the zoning bylaws which talked about podiums and the current zoning addresses the number of stories. Mr. Twohig replied by pointing to the chart that the red line at the top demonstrates six, eight and ten stories

 

Bob Daylor, for the proponent, interjected that if they build within the unified system area then the eight stories, 115 feet doesn’t apply within the square.

 

Ed Welch of 281 Mountain Street stated that when they set the elevation at the top of the box it is not an average contour. He said they picked the high spot so a 10 story building could fit. He asked how high the elevator building on top of the building is going to be. Mr. Daylor replied 11 feet. Mr. Welch expressed that the average across the square should be where the red line is set and that they are trying to make the system work. Mr. Daylor said that the real issue in looking at this is that the podium is sometimes buried in the ground and sometimes it is not.

 

Richard Mandell of 580 Mountain Street said there are a lot of semantics being used. He said that looking at the slide it is not clear what the possibilities are. He asked how many feet down are we blasting to make a 10 story building. This was supposed to be a low blasting site. He asked what is under the present height of the top of the building and how much blasting underground will there be.

 

Mr. Daylor replied that he has earth works that balance. He does not want to offer a wrong number but believes there is 24 feet of excavating underground. He said that the program is to fit in the 20 acre box. He wants to have language that is easy to understand.

 

Ivers Apse of Coach Lane thinks that the buildings can exceed the red line shown on the chart. Mr. Twohig replied that it is incorrect. The new zoning is far more restrictive.

 

Ed Burr of 2 Coach Lane said that the eight story limit exists only outside of the restricted area.

 

Cheryl Weinstein of Coach Lane asked if the could build an eight story building outside of the box and Mr. Daylor replied no, only within the unified area.

 

Chair Lauenstein asked if there will be a place on the website for public access to the presentation. Mr. Twohig said they intend to place the presentation on the website.

 

Chair Lauenstein then asked for input from the Board.

 

Mr. Hauser asked how much land is being undone due to reducing the nursing home and Mr. Daylor replied 6 acres are saved and shifted under the podium from hardscape to greenscape. Mr. Hauser said that the overall height will be similar or less than before.

 

Ms. Sloan asked if what they are calling a podium is a hollow structure with a garage. She asked Mr. Daylor to sketch on the slide where the foundation would be.  Mr. Daylor said that the foundation would bear on rock and they would excavate on the down gradient end. He said earth materials will be segregated. The rock will be blasted in a quarrying operation. Garages and service areas run completely through the podium area so they can have access in and out. He said there are two sets of foundation: 1) the ones that carry concrete structures, some pass through garage and 2) the podium does not run completely through from one side to another. The deep ends of the podium will sit on rock.

 

Ms. Sloan asked if the materials that will be blasted out will need to be trucked away. Mr. Daylor said they will use the fill to bury the roof of the garage. All materials to build the road to Bay Road will come out of this process. Ms. Sloan then asked how many truck trips has this plan reduced. Mr. Daylor replied that the truck trips will bring reinforced steel and concrete to the site. Ms. Sloan stated she wants to know the number of trips and Mr. Daylor said that the traffic report which will be posted soon will contain the information.

 

Ms. Sloan asked if the unified foundation is poured at once and how will they handle water issues.  Mr. Daylor replied that it is not a continuous pour for the foundation. He said you are talking about a construction period of 16 months. The building’s foundation is structurally isolated from basements. All drainage from the garage flows to oil and gas separation and is treated and not discharged. Without treatment the runoff comes down through the buildings in a series of six acres of green space, landscaped ponds and rain gardens. The water is treated and infiltrated.

 

Ms. Sloan asked under what circumstances a building could be built outside of the unified area.  Mr. Daylor replied that they can only build what is within the Senior Overlay District. They cannot build residential or nursing home facilities. They can only do developed green space. Ms. Sloan clarified by saying that the only circumstances to build would require them to come back and do rezoning. Mr. Daylor said that all allowable density is used within the unified area so they cannot build outside of that space.

 

Ms. Price said that the “unified building system area” gives the developer the option for either building under the current SLOD zoning with a maximum of 8 stories, 105 feet, or to use the “unified building system area” and restrict the building on the site to the portion of the property indicated and to limit the absolute height of the buildings based on existing topography and elevations..

 

Mr. O’Cain said that they want to add a new definition to the bylaw to delineate the height instead of changing the height in bylaws. 367 foot of elevation shown on the drawing is within the proposed unified area.

 

Mr. Daylor said the tallest average grade within the existing zoning is within the podium area. It is not the highest elevation on the site but within the unified area.

 

Ms. Price said part of the purpose is to take advantage of the topography. Mr. Daylor replied that two ten story buildings would fit the definition but would not stick up higher in the landscape than what they could build currently.  He also said that that the parking for the nursing home will now be tucked underneath the building. The units further into the site are taller and the ones closer to Mountain Street are shorter. The 10 story building is set on a podium.

 

Chair Lauenstein asked how many cars can park underground and Mr. Daylor said 1,300. There will only be 8 spaces at the buildings’ door and some drop off parking. The majority of the parking will be under the building. Mr. Lauenstein also asked if they could add the number of stories to the cross section of the chart before placing it online. Mr. Daylor said he would do so.

 

Ed Welch asked how high the building is from the finish grade to the building height. Mr. Daylor said there are places where you enter, like from the loading dock, where it will be 14 stories in height. Mr. Welch said that 14 stories would be more visible.

 

Mr. Lauenstein asked that Mr. Welch be given Mr. Twohig’s business card so they can continue their discussion.

 

Richard Mandell asked if the 482 foot high building is above Rattle Snake Hill and Mr. Daylor said yes.

 

Cheryl Weinstein stated that the zoning is talking about no limit on height greater than 482 feet setting precedent of the building height and number of stories. She said builders can build up to 482 feet and there is nothing to stop it.

 

Ivars Apse asked Mr. Spagat for artist renderings or architects drawings for the development and Mr. Spagat said he does not have any yet. Ms. Sloan commented that a sketch-up model would help people to visualize.

 

Mr. Lauenstein said this concluded the first part of the hearing.

 

Attorney Gelerman began the second part of the hearing by stating that there is a provision in the development agreement that the developer agreed to build or give the Town a fire substation. In order to accommodate the substation and water system they want to make sure the zoning will accommodate those uses. The lot is outside of the Senior Overlay District so the fire substation and water system supply is in a residential district. They need to make sure it can be accommodated. They need to clarify the municipal tower to include the pump station which is on a lot three acres in size. This would only apply to a lot adjacent to the Senior Overlay District but that provides community service uses.

 

Mr. Lauenstein asked who the sponsor of the fire station article is and Attorney Gelerman replied that it was the Board of Selectmen. The first article is theirs as well. Mr. Hauser said  he assumes it is not spot zoning and Attorney Gelerman said it is not spot zoning as it supports community services. Mr. Hauser asked why they didn’t pursue with the ZBA and Attorney Gelerman stated that it would not qualify for a variance. Mr. Hauser then said it would require a 2/3 vote at Town Meeting.

 

Ms. Price pointed out that within the proposed amendment to section 2424 it is missing the word “living” and Attorney Gelerman said he would include it.

 

Rita Corey of 282 Mountain Street asked how the public would access the conservation land from Mountain Street given that it is private residences.  Mr. Twohig replied that there is frontage on Mountain Street.

 

Ms. Price moved to continue the hearing to the 9/30 meeting at 7:30 PM and Mr. Hauser seconded the motion. The Board voted 4-0-0 in favor (Mr. Milowe was absent).

 

Adjournment

Mr. Hauser moved to close the Planning Board meeting at 10:00 PM. Ms. Price seconded the motion and the Board voted 4-0-0 in favor.