Town of Sharon Planning Board

Meeting Minutes of 5/12/10

Amended and Approved on 6/9/2010

Sharon Community Center

 

Planning Board Attendees

Paul Lauenstein, Chair 

Susan Price, Vice Chair

Eli Hauser - absent

Amanda Sloan 

David Milowe, Clerk

Peter O’Cain, Town Engineer

 

Attendees

Ray Watstein

Bob Shelmerdine

Bobby Hearne – Intoccia Properties

 

 

Chair Report

The meeting was called to order at 7:40 PM by Chair Paul Lauenstein and the Chair’s Report was read. Chair Lauenstein and Mr. O’Cain discussed the many problems that need addressing with reference to Bella Estates. Mr. O’Cain said that storm water, soil testing, erosion and an evaluation of the retaining wall all are open issues. He stated that Intoccia wants the plan signed off on so they can obtain permits. He said that the bond from the previous owner, Mr. Mirrione, is still in place as per Attorney Gelerman.

 

Meeting Minutes

Ms. Price moved to approve the meeting minutes of 4/28/10 as amended. Ms. Sloan seconded the motion. The Board voted 3-0-1 in favor.  Mr. Milowe abstained.

 

Signs

Attorney Ray Watstein requested a sign application for 5 Post Office Square. Mr. O’Cain commented that he will speak with the Building Inspector, Joe Kent regarding the appropriate height for hanging the sign. The sign will be black with gold lettering. Ms. Price moved to approve the application for 5 Post Office Square, for Ray Watstein’s law offices as described and with additional historical blue color. The height will be as approved by the Building Inspector. The Board voted 4-0-0 in favor of approval of the sign.

 

Bella Estates

Mr. Shelmerdine came before the Board to discuss several issues as they relate to Bella Estates. These included 1) subdivision bond submitted in 2009, 2) abutter mitigation issue for Mr. Thomas, 3) the definitive subdivision plan as required by special permit. Mr. Shelmerdine discussed the $509,000 in bonds taken out by Mr. Mirrione and the $428,000 bond taken out by Mr. Intoccia on 12/4/09.  Mr. Shelmerdine is coming before the Board to ask them to vote on substituting Mr. Intoccia’s bond for Mr. Mirrione’s bond. Mr. O’Cain commented that Town Counsel said the old bond is still in place. Currently the two bonds are held by the Town in order for the subdivision to get covenant release. Mr. Lauenstein questioned if there should be compensation from Mr. Mirrione’s bond to cover the loam removed illegally from the site. Mr. Shelmerdine stated that he cannot answer that question. He is asking that Mr. Intoccia’s bond be accepted. Any issue related to Mr. Mirrione needs to be discussed with him.  Mr. O’Cain stated that he wants all items incorporated into the bond and needs to evaluate the specific items and their value.

 

Mr. Shelmerdine continued by stating that additional items need to be addressed such as 1) the deterioration of the hill due to the excessive amounts of rain, 2) the drainage issue in backs of the yards as per Tom Houston’s 5/10 memorandum. The Planning Board agreed not to vote on the bond because there are additional issues that need evaluation.

 

With reference to the subdivision plan, Mr. Shelmerdine stated that in 2006, the Planning Board issued a CSD approval which was recorded at the registry. The covenant went on record that no lot can be developed or sold without the release from the covenant. Mr. Mirrione built homes using the previous Planning Board approved plan. There were form A’s that adjusted lot line boundaries. When Mr. Intoccia came in, the age restriction on the housing was removed. The lots were reduced from 51 to 29 which was also a condition created by the Board within the decision. Mr. Shelmerdine noted that the modified subdivision plan was submitted and Mr. O’Cain reviewed it and as of 5/10, there are 5 items remaining to be addressed. 

 

Mr. Houston in his review identified certain issues that need to be addressed. Mr. O’Cain stated that a new plan is needed. Mr. Lauenstein stated that the decision should be read along with Mr.  Houston’s email and those things should be done right. With reference to the driveways, he wants the water to drain back into the ground. He also said he wants Mr. Houston paid which Mr. Shelmerdine agreed to do.

 

Mr. O’Cain said he reviewed the Conservation Commissions letter of 5/6/10 and Mr. Shelmerdine said he is addressing the issues with the Commission on 6/9. Mr. O’Cain said the big items to address are 1) source of runoff, 2) the basins are not emptied, they are not functional and need to be cleaned up. He is afraid that things are not getting done. He iterated that he wants all items addressed before the Plan is approved. He wants a date in which the basins will be cleared. He will recommend to Greg Meister that dates be assigned to all open items.

 

Mr. O’Cain then provided the Board with a list of abutters that still have fencing issues. He stated that as per the decision, a certificate of occupancy cannot be issued until the abutters are satisfied.

 

Mr. Milowe asked Mr. Shelmerdine if any monies were borrowed by Intoccia Companies from the Royal Bank of Canada because if so, he would need to recuse himself. Mr. Shelmerdine replied no.

 

The Board also clearly stated that they will not meet on 5/26 without Mr. O’Cain having received all requested materials from Mr. Shelmerdine by 5/21. Mr. O’Cain will keep the Board apprised of his status.

 

Mr. O’Cain will ask Attorney Shelmerdine if there is any reason not to release Mr. Mirrione’s bonds.  

 

Housing Production Plan

Jennifer Raitt, Chief Housing Planner at MAPC will speak to the Board on 6/23/10.

 

Next meeting dates

5/26, 6/9, 6/23

 

Adjournment

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