Town of Sharon Planning Board

Meeting Minutes of 9/21/10

Amended and Approved on 10/4/10

Sharon Community Center

Filmed by SCTV

 

Planning Board Attendees

Susan Price, Chair

Anne Bingham, Clerk

Eli Hauser, Vice Chair

Amanda Sloan 

David Milowe

Peter O’Cain, Town Engineer

 

Attendees

Alice Cheyer – 1 Glenview

Bob Shelmerdine

 

Chair Report

The meeting was called to order at 7:35 PM by Chair Susan Price and the Chair’s Report was read.

 

Meeting Minutes

Mr. Milowe moved to approve the meeting minutes of 9/15/10 as amended. Ms. Sloan seconded the motion. The Board voted 4-0-0 in favor of the motion. (Mr. Hauser was not present for the vote).

 

Form A/Signs

None

 

P.O. Square Zoning

Chair Price read the September 13th email from Thelma Newberger-Hirsch into the record regarding the PO Square revisions. This email was supposed to be read into the 9/15 public hearing but was inadvertently omitted. 

 

Bella Estates

Chair Price read Attorney Cindy Amara’s September 21st, 2010 email into the record regarding her final review of the “HOA (Actually Declaration) - Bella Estates.”

 

Ms. Price asked if additional changes had been made since the September 15th meeting and Attorney Shelmerdine replied that there were just a few typos.

 

Mr. Milowe questioned the reserve amount that would be held for drainage problems. Ms. Bingham had asked Mr. Shelmerdine if, instead of using the number $5,000, to try to calculate the annual maintenance costs for finger drains etc. to determine if $5,000 is correct for the reserve amount.

 

Mr. Milowe asked how the funding would be done with the homeowners. He is concerned that if the $5,000 placeholder remains and it is not an adequate number then it is a liability for the Town.  Attorney Shelmerdine replied that in section 7.8 of the document it states that the Town shall have no responsibility for drainage or repair in the subdivision, Attorney Shelmerdine said, in a CSD subdivision, the infrastructure is private.

 

Mr. Milowe asked who will be responsible and what would happen if in ten years from now there is a $50,000 problem and there is only $5,000 in reserve. Attorney Shelmerdine said that section 7.8 affirms that the Town is not liable.

 

Mr. Milowe questioned what would happen if they do not have enough money to repair the problem.  Attorney Shelmerdine stated that it is incumbent on the Trustees of the Association to establish sufficient reserve. There are requirements to obtain DEP and BOH approval. Prior to these approvals mechanisms had to be established and recorded in the registry of deeds. He further stated that the developer is responsible to make sure the basins are kept clean. The Town has the choice to issue or withhold permits based on compliance. Before the last permit is issued, the developer will make sure the site is properly grassed.

 

Ms. Sloan asked what would happen if there is a problem with the detention pond which is a part of the drainage system.  Attorney Shelmerdine replied that, in this subdivision, the CSD is the mechanism of the Homeowner’s Agreement and they will take care of it. He said in a normal subdivision, the Town would be responsible.  He further stated that to require additional reserves would be overkill. He said the documents say the Town is not responsible.

 

Ms. Price asked if the Town could step in, in an emergency situation, and the HOA would have to reimburse the Town and Attorney Shelmerdine said yes.

 

Ms. Bingham reiterated she is uncomfortable with the $5,000 reserve.

 

Ms. Price asked if a payment arrangement was worked out with PSC and Attorney Shelmerdine stated there was a meeting tomorrow re: PSC, Attorney Gelerman, taxes and the DPW outstanding bills.

 

Town Engineer Peter O’Cain said the Board cannot vote on the bond for Bella Estates because Attorney Shelmerdine has not submitted the paperwork. Mr. O’Cain said he would like the Building Inspector to review the finger drains, etc.

 

Mr. Milowe moved to approve the September 15, 2010 modified Bella Estates Homeowner’s Association Agreement plus correction of typos and the agreement that a reserve will be funded by the developer within 60 days. Ms. Sloan seconded the motion. The Board voted 5-0-0 in favor.

 

Mr. O’Cain asked Mr. Shelmerdine when the money has to be in the account and when does the association take over. Attorney Shelmerdine replied that that it is due on transfer of the final lot by the developer. Before that, the developer is responsible for all drainage. The Town holds a $428,000 bond. The developer is responsible until all of the work is done and then they will ask for the termination of the bond. The association will take over when the work is completed at the subdivision. The documents are already recorded at the Registry of Deeds. It runs for twenty years and if terminated by the declarant or conveyance of lots all continues until the work is inspected by the Town.

 

Mr. Shelmerdine said that the new bond is $428,000. Mr. O’Cain said that 50% maintenance fees were included. All plants were priced as part of the bond. He said he feesls comfortable with the estimates provided. A brief conversation between the board members ensued. Mr. O’Cain further explained that this is a performance bond. It represents the money needed to complete building at the subdivision. It is overestimated by 50% which is a standard used for protection against any errors.

 

Mr. Milowe questioned if the acceptance of this bond aggregates the bond of the previous owner, Mr. Mirrione. Mr. O’Cain said he has the Mirrione bond. Mr.  Shelmerdine said one is a substitute for the other. It does not release Mr. Mirrione. The Planning Board could request monies be held from the bond.

 

Ms. Bingham asked what is the bond in terms of negotiable credit. Mr., Shelmerdine replied that the bond cannot be cancelled for lack of payment of premium. The terms cannot be cancelled without the Town signing off. There is a procedure to go through if the developer does not comply with their obligations. The Planning Board could have a hearing, and can vote to attach the bond to do the required work via permit. Mr. Shelmerdine said, for posting the bond, the developer gets a covenant release.

 

Ms. Cheyer of Glenview Road asked if the trail entrance is included in the conditions and is that included within the bond.  Attorney Shelmerdine said yes, it is their obligation. He has met with a Conservation representative and they may want something different. Mr. O’Cain said they are required to complete anything on the definitive plan. It is part of the performance bond. The bond discussion will be continued to the next meeting.

 

PO Square Zoning

Ms. Price began the discussion of PO Square Zoning. She said she wanted to review the document/changes.

 

Ms. Cheyer of Glenview Road stated she has recommendations to change the language before the warrant is signed and published.

 

Ms. Bingham expressed she does not want to sign in advance of the Board of Health meeting next week.

 

Ms. Price referred to a question from the public hearing regarding if there are any towns with similar standards as those being proposed for Sharon.  She said she looked at Foxboro and found that their General Business District has no frontage requirements, no lot widths, no minimum lot sizes and it has 85% lot coverage (which includes impervious coverage) as of right. Canton has 90% lot coverage as of right. They have no lot area, lot width or required frontage. There are no required setbacks from Washington Street. In Stoughton the frontage and lot width is 20 feet, with no required front yard setback. Ms. Price commented that she asked the consultant from Land Strategies about frontage and they said the state sets 20 feet of frontage when there is no requirement. Needham uses a floor area ratio in its central business district, but has a front setback of 3 feet or the average of adjacent neighboring buildings, whichever is less. There are other towns with similar requirements such as what is being proposed. It is not out of the realm.

 

Mr. O’Cain provided the Board with a sketch of what a minimum width building that includes septic on site would look like.  It is titled “first floor commercial and 2nd floor apartment.” He said that what you find is if the septic is on site, the average lot coverage is 21.8%. Ms. Price said when we talk about redevelopment we can’t say this is going to happen, we do not know what lots are going to be redeveloped; we cannot estimate a lot of variables involved.

 

Ms. Price read the 9/21/10 email from Cheryl Weinstein regarding rezoning. Ms. Price said that she is working with Mr. O’Cain and Mr. Hauser to answer Ms. Weinstein’s questions.

 

Ms. Price said she analyzed the lots within the rezoning area in terms of commercial square footage and using the increase of 10% lot coverage. Ms. Price said she looked at the maximum number of apartments that could be built on each lot, based on the requirement of 1,000 square feet of lot area per dwelling unit.  She said she arrived at 90 to 120 potential additional schoolchildren (before subtracting out the current number of schoolchildren), but that she hadn’t accounted for properties of historic significance, which would have less redevelopment potential (thus lowering the number of potential school children and apartments).

 

Mr. Hauser said he created a theoretical maximum build out. He looked at 20 acres at 16, 20 and 40 units per acre to end up with the number of apartments that could be developed theoretically if every space had apartments.  He estimates 360 apartments maximum if every lot gets an apartment. He assumed you take out land for green space, septic, parking, municipal use, churches and non buildable areas. With reference to students he estimates 75 - 100 students would be the incremental addition if the entire space was filled with apartments.

 

Ms. Bingham said it is important to keep in mind that Needham, Foxboro, Stoughton and Canton are all on sewer systems. In addition she is not comfortable with accepting the numbers being provided at face value. She does not think it is fair to “subtract out” septic systems when we weren't sure whether they would be used or not.

 

The meeting continued with Ms. Price discussing changes to specific areas within the article.

 

Ms. Cheyer provided the Board with a copy of her September 21st, 2010 write-up entitled “requested emendations to Planning Board’s proposed rezoning of Business District A, Town Meeting Warrant article, 11/2010.” She provided an explanation for her requested changes/modifications and the reason she suggested these changes. She wants to force developers to change the waste water mechanisms. The Board along with Mr. O’Cain discussed their thoughts on Ms. Cheyer’s suggestions.  Mr. O’Cain said the requested changes by Ms. Cheyer should be run by Attorney Gelerman.

 

Three members of the Planning Board will be meeting with the Board of Health on September 27th, 2010. Ms. Levitts will contact the Town Attorney’s office to determine if the meeting should be posted.

 

It was requested that the next Planning Board meeting be changed from October 6th to October 4th. Ms. Levitts will make the appropriate arrangements.

 

Ms. Price said she will revise the PO Square Rezoning draft based on the meeting and would like a vote taken at the next meeting.

 

Next meeting dates

10/4, 10/20, 11/3, 11/17, 12/11, 2/15 and 1/5.

 

Adjournment

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

 

Attached Documents

1.  September 13th letter from Thelma Newberger - Hirsch regarding the PO Square revision

2.  Rezoning question from the 9/21 email of Cheryl Weinstein Garani.

3.  September 21st email from Attorney Cindy Amara regarding the final review of the HOA - Bellla Estates (actually declaration).

4.  September 21st First Floor Commercial and 2nd floor apartment layout by Peter O’Cain.

5.  September 15th amended and restated declaration of covenants, conditions, restrictions and easements for Bella Estates.

6. September 21st letter to Planning Board from Alice Cheyer regarding requested emendations to proposed rezoning of Business District A. Town Meeting Warrant article, 11/2010.

7. September 10th, initial bond recommendation for Bella Estates from Peter O’Cain.

 

Note: New Open Meeting Law. As of July 1, 2010 all Planning Board minutes and attachments will be available by contacting Rachelle Levitts at 781-784-3199.