Town of Sharon Planning Board

Meeting Minutes of 10/14/09

Amended and Approved on 10/28/09

 

 

Planning Board Attendees

Paul Lauenstein, Chair 

Susan Price, Vice Chair

Eli Hauser

Amanda Sloan

David Milowe, Clerk 

 

 

Peter O’Cain, Town Engineer, Consultant

 

Attendees

Phil Macchi

Jerrold Boxerman - 24 Eisenhower Drive

Dan Merrikin

Deb Piazza -  25 Eisenhower Drive

Donnell Murphy

Mr. and Mrs. Klayman - 29 Eisenhower

Michael Pierce - Bay Road

Peter Savage - 17 Eisenhower Drive

Edward Lyons - Architect for Bella Estates

James Freedman - 31 Eisenhower

Bob Shelmerdine - Attorney for Bella Estates

Tom Houston - PFPC

Jon Shocket -  21 Eisenhower Drive

Israel Yaar

Steve Kelley -  630 Mountain Street

Chris Regnier  - Brickstone

 

Chair Report

The meeting was called to order at 7:00 PM by Chair Paul Lauenstein.

 

Light Industrial District Review

Attorney Macchi began the discussion by stating that in September, 2008 he had come before the Board to propose additional uses for the light industrial areas. He said he mirrored the changes to what is allowed in Walpole, Sharon’s neighboring town. He met informally with the Finance Committee and the Board of Selectmen. During the fall and winter there were a number of iterations of the uses. The Selectmen said they wanted a broader view and wanted an independent review of the changes and suggested Tom Houston be hired. A contract was initiated between the Selectmen and Tom Houston for which Mr. Macchi’s client paid the bill. Mr. Macchi said that Mr. Murphy, his client, owns 28 acres on Route 1 in Sharon and also Walpole Park South. They want to continue development because using the land solely for warehouses isn’t practical. They want to create a smaller industrial park in Sharon to be a combination of warehouse and office space. They need more flexibility on the uses and want to add a waste water treatment plant. He stated that Mr. Houston agreed with the uses to allow a waste water treatment plant, retail space and office park. This may provide an estimated range of $252,000 - $339,000 in tax revenue to the Town.

 

Tom Houston provided the Board with a sixteen page document comparing the current language for the Light Industrial District as compared to the proposed language by highlighting the changes clearly in color.  He stated that the document does not change the current provisions of the aquifer protection district which would need a special permit process for impervious materials.

 

Light Industrial District Public Hearing

The Public Hearing began at 7:30 PM with Clerk David Milowe reading the Public Hearing notice as printed in the Sharon Advocate on 10/2 and 10/9. The Board was asked if they had any comments or questions by Chair Lauenstein. Mr. Hauser suggested to the Engineer, Mr. Merrikin, to make the maps used for display, consistent in their orientation. He also asked that a slide be included in their presentation for revenue of current versus proposed and to include the number of acres and tax dollars generated. He stated he appreciates the proponents work. Ms. Price suggested labeling buildings on the map for easy identification by the public.

 

Mr. Lauenstein asked what provisions were in place as relates to hazardous chemicals. Mr. Houston said that the aquifer protection district prohibits hazardous chemical uses in amounts greater than household uses and in the part not covered by water in the resource protection district; hazardous materials could be used within the buildings but not discharged into the ground. The laws are very restrictive. The DEP has oversight of everything discharged into the ground. Mr. Lauenstein then asked what would happen if a company wanted to produce anthrax. Mr. Macchi said that BIO-4 businesses are not permitted in Massachusetts. Mr. Lauenstein questioned if the access from Route 1 would be an issue as it was for Simpson Housing and Mr. Houston said that the Simpson issue was on a different part of Route 1 but the access is not a problem in this location. Mr. O’Cain complimented Mr. Houston’s review of the proposed changes to the Light Industrial District including the chart showing the differences between the old bylaw and the new one.

 

Ms. Price moved to close the Public Hearing at 7:55 PM. Mr. Milowe seconded the motion and the Board voted 5-0-0.

 

Ms. Price moved to support the proposal to change the uses and impervious coverage of the Light Industrial District and recommended approval at Town Meeting. Mr. Milowe seconded the motion. The Board voted 5-0-0 in favor. Tom Houston agreed to draft a letter on behalf of Mr. Lauenstein so as to provide confirmation of the Planning Board’s vote for this issue.

 

Eisenhower Drive Street Acceptance Hearing continuation from 9/30

Mr. Lauenstein began the hearing by stating that he wanted Town Engineer, Mr. O’Cain, to review the punch list he had developed for Eisenhower Drive dated 10/14/09. A copy of the punch list was provided to each Board member.

 

The first item on the punch list discussed the grass strip between the sidewalk and the roadway needing to have an infiltration trench constructed and be loamed and seeded. Thirty trees were to be planted in the grass strip; money was to be placed in the tree fund for future plantings and twenty five shrubs planted in the cul-de-sac. Mr. O’Cain began by stating that he met with Tree Warden, Kevin Weber, who advised against planting trees in the narrow grass strip along Eisenhower Extension because there are electrical and cable lines just three feet below the surface.  Mr. Weber suggested putting trees on the house side of the sidewalk and that $275 be donated to a tree fund for planting elsewhere. Mr. Shocket, the developer, interjected that the trench was dug along the sidewalk and the island is ready for landscaping.

 

Ms. Sloan stated she agreed with the Tree Warden. Ms. Price said she agrees with trees being planted on the neighbor’s side of the sidewalk so as to avoid the utilities and interfering with the sidewalk pavement but is bothered that sidewalks were installed with the wrong grass strip width. Mr. Hauser commented that he was frustrated with the design which was approved but came out wrong and indicated his dissatisfaction with the project management.  Mr. Lauenstein said that a decision needs to be made for item #1 ultimately as a vote to recommend that the Town accept the road as a town way. He suggested it could be subject to conditions.  Mr. O’Cain said that state law requires the Planning Board to give the Selectmen their decision and added conditions if required.

 

Mr. O’Cain said that he or Mr. Shocket needs to determine what neighbors want trees planted.

 

Ms. Sloan agreed that the grass strip would not hold the trees but wants to see vegetation between the homes and street.

 

Peter Savage, 17 Eisenhower Drive stated he wants trees planted in his grass strip and wants trees that can fit. He suggested ripping up and moving the sidewalk.

 

Ms. Price said to leave the decision to the homeowners as to whether they want the trees in the strip or on the other side of the sidewalk. She thinks the cul-de-sac sidewalks should be redone.

 

David Klayman, 29 Eisenhower Drive wants the trees planted in the strip for aesthetics.

 

Ms. Sloan suggested that the homeowner’s wish of uniformity can be achieved and drew a diagram on the board for their viewing. She stated that for the health of the trees they should not be planted in the narrow strip.

 

James Freedman of 31 Eisenhower Drive suggested placing a metal grate around the trees similar to what is done in Boston. Mr. O’Cain said this would not work and the sidewalk installation would then need to be redone.

 

The other items discussed included item #2 in which all ten survey bounds needed to be installed. Mr. Shocket said that would be completed the next day.

 

Item #3 discussed an as-built. Mr. Shocket said he spoke with Mr. O’Cain about this.

 

Item #4 required four street lights to be installed and one streetlight provided to the DPW for future use. Mr. Shocket said this was completed.  The neighbors questioned why they couldn’t choose a different style of street light.  Mr. O’Cain explained that it had to meet the Town’s standard because the parts are ordered for that light.

 

Item #5 discussed the existing double catch basin in the cul-de-sac which has an improper frame that needs to be replaced. Mr. Shocket said this would be completed by the end of the week.

 

Item #6 required all water curb stops must meet existing grade and all marker stakes must be removed. Mr. Shocket said the markers were removed.

 

Item #7 Mr. Shocket said the work will be done next week.

 

Item #8 stated that the previous developer was required to plant twelve trees at the former end of the cul-de-sac. Mr. Shocket said he would plant the trees or put the money in the tree fund.

 

Mr. Lauenstein suggested postponing the acceptance of the street until next Town Meeting. Mr. Shocket said he does not want to be responsible for plowing the street this winter. Mr. Lauenstein stated there are too many loose ends to make a decision. Specific resolution is not going to be reached tonight. He suggested Kevin Weber go to the area and discuss his thoughts with the homeowners.

 

Ms. Sloan moved to recommend postponing the Street Acceptance of Eisenhower Drive Extension until May, Town Meeting. Mr. Milowe seconded the motion. After discussion, the Board voted 0-5-0 and the motion was defeated.

 

Ms. Price moved to accept the roadway subject to conditions 1-8 as listed on Peter O’Cain’s October 14th punch list and that the developer work with the Tree Warden and property owners on location of the street trees and also the sidewalk in the cul-de-sac to be rebuilt as shown on the approved plan. Mr. Milowe seconded the motion and the Board voted 4-0-1 (Ms. Sloan abstained).

 

Ms. Price suggested that issues #9-11 be discussed at an upcoming Planning Board Meeting.

 

Mr. Hauser moved to close the Public Hearing and Mr. Milowe seconded the motion. The Board voted 5-0-0 in favor of closing the Hearing.

 

Bella Estates

Ed Lyons of Falcon Associates, Architect, Inc., landscape architect for Bella Estates) and Bob Shelmerdine, Attorney for Mr. Intoccia were present for this discussion.

 

Mr. Lyons brought a revised landscape plan to the meeting. He commented that the parking for the trail head area as discussed at the last meeting is being worked on by Gallagher Engineers. The stone wall discussed at the last meeting, he said, is also an engineering issue. The individual abutters’ fence needs will also be dealt with on an individual basis.

 

The new plan he showed to the Board contained more specifics with various types of varieties of plantings. The detention area he pointed out now has a chain link fence on the concrete wall and screening plants. Mr. Lauenstein commented that he was pleased with the additional detail. There are now 705 trees and shrubs included in the plan with many to be planted on the buffer zones and slopes. Mr. Shelmerdine commented that he still needs to work out details with resident Mr. Israel Yaar.

 

Mr. Shelmerdine said he is looking for written feedback from the Planning Board on the new plan.

 

Ms. Sloan stated that for an official submittal of the plan, it needs to be stamped and would like it available to the abutters at the library or on line.

 

Ms. Sloan moved to approve the landscaping plan as submitted to the Board on October 14, 2009 once it is officially stamped and made available to the abutters. Ms. Price seconded the motion and the Board voted 5-0-0 in favor.

 

Brickstone

Ms. Sloan provided the Board with a visual display she prepared of what the Brickstone land could potentially look like, indicating different building heights and how mature trees could look lost against tall buildings. She also showed how 88 homes or a 40B development would look on the properties.  She said that Rattle Snake Hill is made of bedrock; big and small boulders dropped by glaciers. Each development proposed sits on bedrock. Each development proposed is in the middle of the habitat. Each development proposed is in the middle of water features. These other developments proposed by Brickstone are not easy to build. She stated she is pushing for no-build on the property. She stated that in her opinion the high rise is a bad risk and the other two options are not buildable.

 

Ms. Price moved to recommend to Town Meeting the acceptance of Article #3 regarding the fire station article. Mr. Milowe seconded the motion and the Board voted 3-0-2 (Sloan and Lauenstein abstained). The motion passed.

 

Ms. Price commented that regarding the height article, it is improved because the nursing home is put into the building clusters. She is not happy with the amended definition in the article since she feels it could be written more accurately. She noted that the property is already zoned for Senior Living Overlay and the article would keep control of the absolute height and work within the topography.

 

Mr. Hauser agrees that there will be incremental improvements through this article because the Town picks up six more acres of green land.

 

Mr. Milowe commented that he likes the additional land and that the nursing home was moved into the cluster.

 

Mr. Lauenstein said that he opposed the project from the beginning. He stated that this is irresponsible of the Town to allow new developments to be built that do not address the carbon dioxide issue. This development will need to be mitigated by future generations. He suggested that certified buildings do not generate CO2. Mr. Lauenstein said that John Twohig, Attorney for Brickstone, stated at the May 2007 Town Meeting that they would not push a 40B forward if the SLOD zoning was approved and they are now doing so. He said he cannot live with himself to vote in favor of this.

 

Steve Kelly, 630 Mountain Street said this project will destroy the quality of lives of the people within one mile. He said 5,000 vehicles per day will be added to Bay Road. Eighteen months of gravel production on-site will ruin the quietude of the neighborhood. There will be 3,600 construction traffic trips daily. By increasing the density, they will need to do far more blasting. There will be no peace in this pristine area; it will be an urban jungle.

 

Mr. Lauenstein said that the developer declined LEEDS certification.

 

Chris Regnier, Attorney for Brickstone, commented that the project will go through MEPA and the greenhouse gas production will be studied.

 

Ms. Sloan commented that she does site planning everyday for a living and has never seen a project without visualizations. She said that people are grasping at straws to see what this project will look like. She challenged the developer to come up with a vision board.

 

Ms. Price moved to recommend to Town Meeting to approve Article 1 for the proposed zoning change to Brickstone. Mr. Milowe seconded the motion and the Board voted 3-2-0 (Ms. Sloan and Mr. Lauenstein voted no).

 

Form A’s/Sign Reviews

None.

 

Meeting Minutes

A review of the 9/16 and 9/30 meeting minutes was deferred until the next meeting.

 

Other

At the next meeting discuss Brickstone’s two new proposals and the Charter Commission.

 

Adjournment

Mr. Hauser moved to close the Planning Board meeting at 10:00 PM. Ms. Price seconded the motion and the Board voted 5-0-0 in favor.