Town of Sharon Planning Board

Meeting Minutes of 10/20/10

Amended and Approved on 11/17/10

Sharon Community Center

Filmed by SCTV

 

Planning Board Attendees

Susan Price, Chair

Anne Bingham, Clerk

Eli Hauser, Vice Chair  - absent

Amanda Sloan

David Milowe

Peter O’Cain, Town Engineer

 

Attendees

Leene and Bob Chavez

Shirley Schofield

Susan Gooltz

David Hazell

 

Chair Report

Chair Price called the meeting to order at 7:30 PM and read the Chair’s Report. Included in the report was a letter from Attorney Cindy Amara regarding Mr. Hauser entitled “Non Profit Board Member – Conflict of Interest Opinion” as well as a letter from the State Ethics Commission regarding the same matter. Both letters concur the Conflict of Interest Law does not prohibit Mr. Hauser from being an officer in an organization in a proposed business arrangement between the Town and a not for profit business organization in which Mr. Hauser is associated provided that Mr. Hauser does not act as an agent for the organization in appearing before Town Boards and he shall not participate in any matter involving the organization  before any Board or Commission of which he is a member.

 

Ms. Price reported that she and Mr. Hauser met with the Selectmen on October 12, 2010 and presented Article 1 regarding P.O. Square. The Selectmen stated they do not have to vote to recommend their support but each individually stated that he did support the article. Ms. Price and Mr. Hauser also attended the Finance Committee meeting and presented the updated changes to the article. The Finance Committee recommended approval to Town Meeting 7 – 2. 

 

Meeting Minutes

Ms. Bingham moved to accept the meeting minutes of 10/4 as amended. Mr. Milowe seconded the motion. The Board voted 3-0-1 in favor. Ms. Sloan abstained as she was not in attendance.

 

Form A/Signs

Mr. Hazell of Sharon Optical, 5 North Main Street, came before the Board with a sign permit request. He said that a sign is not currently in place. The new sign would be 1.75 feet by 7.5 feet and he is using historic colors.  Mr. O’Cain said the materials are acceptable and the size is within the requirements.

 

Ms. Sloan asked if in the sign regulations there is any ruling about the relationship between the size of the lettering to the size of the sign itself. Mr. O’Cain replied no.

 

Ms. Bingham suggested placing a border around the edge of the sign. As the property is in the center of Town, she commented that she does not want the sign to look modern.

 

Mr. Milowe was fine with the sign.

 

Ms. Sloan moved to accept the sign for Sharon Optical with the cream colored background, historic colors and pinstripe around it and that Peter O’Cain can have the authority to sign the permit as Agent for the Board. Mr. Milowe seconded the motion and the Board voted 4-0-0 in favor.

 

188 Ames Street

Town Engineer Peter O’Cain reported on a request from Dr. Robert Chavez of 188 Ames Street (historic granite home at corner of Ames and East Streets) for a review of a subdivision proposal.  Dr. Chavez can currently do an ANR subdivision of his lot with the historic home.  He wants to purchase 182 East Street (another historic home) and bring a road in through that lot without disturbing the historic home located there.  The roadway would, however, be located within 500 feet of other roadways.  Planning Board Regulations prevent construction of a new roadway within 500 feet of an existing roadway.  Dr. Chavez said that he would be willing to put a restriction on the main home lot, so it could not be divided, if the Board would approve the waiver for the new roadway, which would be on paper only and would actually be a shared driveway for two new lots. 

 

Dr. Chavez spoke to the Board and said the home is a 17 room granite residence that he has enjoyed for 35 years. It also has a 3 story carriage house. He had the home placed on the Historic Registry of Homes. He recognizes the opportunities he has and the Town has in order to maintain the home in perpetuity. If the current zoning regulations were used he could divide the land into 3 or 4 lots. He does not want to do that and is asking to do a trade for the land in front of East so another parcel can be built. He discussed putting future restrictions on the main home lot in order to keep the historic value.

 

Mr. O’Cain said when you create a new roadway, it’s considered a subdivision. Dr. Chavez wants a new driveway for two homes to be created in the back of his property. In reality he would apply for a waiver for the road to be built as a driveway.

 

Ms. Bingham asked if there is enough land on 182 East to take the land out for the driveway. Mr. O’Cain said yes but there are engineering costs for an ANR Plan versus a subdivision. Mr. O’Cain said that Dr. Chavez wants to know if the Board will give him a waiver. The question is whether he should pursue a subdivision or ANR Plan. Ms. Schofield on behalf of the Historic Commission said it is not good to subdivide the lot near where the historic house is.

 

Ms. Bingham asked if in the preliminary engineering plan, can 2 lots be built and have supporting septic. As part of a subdivision this would need to go to the Board of Health as well.

 

Mr. O’Cain commented that as per the regulations, you need a 50 foot right of way for a driveway. If you have a 22 foot paved road you can have grass on both sides of the road so the roadway/driveway would not be on the property line. The proximity to the home is well within the limits. 186 Ames will not be impacted.

 

Mr. Milowe asked if there would be a safety issue by putting in this driveway. Mr. O’Cain replied you would have to do a line of sight study.

 

Ms. Sloan asked if the access road would only be on lot 182 and Mr. O’Cain replied yes.

 

Ms. Price asked if the frontage requirement is 66 feet and Mr. O’Cain said yes.

 

Ms. Bingham asked if there are any limitations on developing the property because it is on the National Register and Mr. O’Cain said it does not apply to land.

 

Dr. Chavez commented that he wants to ensure this home would be for Sharon residents in perpetuity. As far as the historic designation, any work to the exterior of the home needs approval.

 

Mr. O’Cain asked Dr. Chavez if he planned to make any modifications to 182 and Dr. Chavez said he has not decided.  Mr. O’Cain said if Dr. Chavez does do a subdivision then a public hearing and public notice to residents would be required.

 

Ms. Sloan said the intent of this is noble. It is a unique house worth preserving. Ms. Bingham said she agrees with Ms. Sloan and appreciates Dr. Chavez wanting to preserve the house.

 

Ms. Price said she would not want to break up the main lot. She is wondering if there is a simpler solution. She admires Dr. Chavez wanting to keep the corner property intact but noted that he owned another adjacent lot, which could be used for access to the proposed rear lot(s).  She questioned whether a flag lot should be used here instead.

 

Mr. Milowe said he is conceptually okay with the project and commends Dr. Chavez for doing it.

 

Dr. Chavez said that without the approval of the Planning Board he cannot proceed. Mr. O’Cain said the Board can only approve what is formally filed.

The Planning Board said that three members were in favor of Dr. Chavez’s plan and Ms. Price is unsure.

 

Bella Estates

Mr. O’Cain stated there are still financial items pending for Bella Estates. He had just received an email from Mr. Shelmerdine regarding the status of several outstanding items such as the $4,000 due to the Thomas family, the Griffin fence and the Estrin fence. He will email the Board with the details as he did not have a chance to review the email in depth.

 

Mr. O’Cain said he is still waiting for the new bond. He has also sent an email to Mr. Shelmerdine regarding the status of the installation of the finger drains and receiving mylar copies of the definitive plan. He said things are currently going through Town Counsel.

 

Other Business

Ms. Price provided the Board with Joint Committee on Municipalities and Regional Government Comprehensive Land Use Reform and Partnership Act Description of Sections dated May 18, 2010. Ms. Price received this documentation at a Three Rivers Council meeting which talked about this draft bill. She said it might become relevant as we revise the subdivision regulations. She said the MAPC is looking for any comments that Towns may have. She reviewed some of the changes being suggested. She commented that if any Board member has a comment she can take it back to the Council.

 

Sharon Commons

Ms. Bingham commented that she is a member of the Design Review Committee. The ZBA is moving ahead with the revised plans for BJ’s and Target. The Design Committee sends their recommendations to the ZBA for vote. She said the developer keeps coming to the ZBA for variances so the large anchor store can be built. Small stores are shown on the plan. She said that if the ZBA approves changes they should do it with the condition that we get what was voted for.

 

Sacred Heart Reuse Committee

Mr. O’Cain reported that the RFP was opened yesterday. Weighted value has been assigned to each condition. They received 2 bids. Mr. O’Cain said that in doing a quick read of the RFP, it did not indicate that housing is what is being looked for. The matrix and scoring is online he said.

 

Housing Production Plan

Jenny Raitt will be attending the November 17th meeting to review updating the Housing Production Plan.

 

 Next meeting dates

11/3, 11/17, 12/1, 12/15 and 1/4.

 

Adjournment

Ms. Bingham moved to adjourn the Planning Board meeting at 8:50 PM. Mr. Milowe seconded the motion and the Board voted 4-0-0 in favor.

 

Attached Documents

1. October 8, 2010 – Non Profit Board Member – Conflict of Interest Opinions letter from Attorney Cindy Amara

2. October 12, 2010 letter from the State Ethics Commission regarding Mr. Hauser.

3. GIS Map of 188 Ames Street provided by Peter O’Cain.

4. May 18, 2010 Commonwealth o Massachusetts Comprehensive Land Use Reform and Partnership Act Description of Sections – provided by Susan Price

5. Ms. Bingham’s October 12, 2010 email to Selectmen Heitin, Roach and Powell