Town of Sharon Planning Board

Meeting Minutes of 6/9/2010

Amended and Approved on 6/23/10

Sharon Community Center

 

Planning Board Attendees

Susan Price, Chair

Anne Bingham, Clerk - absent

Eli Hauser, Vice Chair

Amanda Sloan 

David Milowe

Peter O’Cain, Town Engineer

 

Attendees

Frank Gallagher, Gallagher Engineering

Bob Shelmerdine

Bobby Hearne, Intoccia Properties

Dave Sanderson, PSC

Joe Lombardi, Intoccia Properties

Michael Intoccia

Robin Estrin, 66 Cheryl Drive

Mr. and Mrs. Thomas

 

Chair Report

The meeting was called to order at 7:40 PM by Acting Chair Susan Price and the Chair’s Report was read.

 

Meeting Minutes

Mr. Milowe moved to approve the meeting minutes of 5/12/10 as amended. Ms. Sloan seconded the motion. The Board voted 3-0-0 in favor of the motion.  

 

Signs

A sign application was presented for Sol Cleaners located at 5B Post Office Square. The sign will be wall mounted, made of wood and include gold letters on a black background. Mr. Milowe moved to approve the application for 5B Post Office Square, for Sol Cleaners. Ms Sloan seconded the motion and the Board voted 3-0-0 in favor of the motion.

 

A sign application was presented for Sharon Cleaners who wanted to move their existing sign to a new location. The Board postponed making a decision regarding this sign until it is cleaned, sanded or repainted and a location for the sign is specified.

 

Bond Reduction

Mr. O’Cain presented a bond reduction for Eisenhower Drive Extension to $5,000 from the current $15,000 bond. Mr. Milowe moved to approve this bond reduction for Eisenhower Drive Extension to $5,000 as per Peter O’Cain’s 6/7 recommendation. The Board voted 4-0-0 in favor of the motion. Ms. Levitts will issue a letter to the Town Treasurer regarding this matter.

 

Bella Estates

Ms. Price reported that she spoke with Attorney Gelerman regarding the decision for Bella Estates and associated plan. Attorney Gelerman told her that the Board does not need to vote on the plan but rather it is when Town Engineer, Peter O’Cain, is satisfied with its content. Mr. O’Cain stated that Mr. Houston added a lot of good things that should be contained within the decision.  Ms. Price indicated that Bella Estates should be held responsible for not complying with the decision and that the Building Inspector could issue a cease and desist order. The Board could recommend that the Building Inspector do this or hold a public hearing to amend, modify or revoke the special permit. The Board could also develop certain dates with associated action items that they would need to complete.

 

Mr. Shelmerdine came before the Board to state that since May 12th a lot of information has been processed from the Building Inspector and Tom Houston. He stated he does not have all of the answers to the 61 points that are open. He summarized that the subdivision was purchased by Mr. Intoccia who greatly improved the site after stepping into existing shoes. Three homes have been sold and 3-4 permits are pending. The March storm caused many issues and questions started to arise. He stated that the Building Inspector will not allow them to proceed with building until the questions are answered. They cannot proceed and currently have agreements pending for 4 homes.

 

Mr. Intoccia stated that he cannot get additional funding to help keep things going because the building permits have been stopped. He cannot pull the permit for the next 4 foundations.  Mr. O’Cain said he needs a plan which he never received and he cannot set a bond because he has nothing to compare to. He stated he needs a plan and the open items addressed.

 

Mr. Shelmerdine stated that they submitted a plan on 9/18/09 in which Mr. O’Cain requested modification of 7 items. On 11/25/09, they provided a second modification to the sub division plan. In April, they received 5 additional items from Mr. O’Cain and in May, an additional plan was submitted. In June they received a 61 item letter from Tom Houston with additional considerations.

 

Mr. Intoccia stated that they have shown good faith, the retaining wall and its problems was an inherited issue. He stated he has done what everyone wanted, there is dirt all over and the neighbors are complaining but he is at a standstill.

 

Mr. O’Cain said that neither he nor the Board have any say over the Building Inspector and permits.

 

Ms. Price stated that item #27, which refers to the wall, needs to be on the plan. Ms. Sloan said that the slope of the wall is an issue and they cannot ask her to sign her name to a plan that is unsafe or not permittable. Peter O’Cain said he wants what he reviewed with Engineer Gallagher to be put on the plan. Mr.  Gallagher stated he thought all issues were satisfied as of 5/18 but Mr. O’Cain said the wall is not resolved. Mr. Gallagher also said that the Building Inspector has issues with the grading and expressed concern. As per the onsite meeting the Building Inspector wanted the plan of every single house which is called a master grading plan. This plan went to Tom Houston and it’s now linked to the subdivision plan along with the wall. Mr. O’Cain said the grading plan is new. Things are added as the project evolves. Mr. Gallagher said he can complete the open items in two weeks and provide a plan to be signed. Mr. Intoccia promised he will complete the Bella Estates project. Ms. Price indicated that in speaking with Attorney Gelerman, the Planning Board does not have to approve the plan or vote. They can vote to allow the Town Engineer the authority over the plan. Mr. O’Cain stated that Mr. Houston wanted to see the easements for the wall. Mr. O’Cain said he wants to see the homeowner’s agreements so Mr. Shelmerdine can review with Cindy Amara in the declaration of covenant agreements. Mr. O’Cain said he wants to see the easements and asked that Attorney Gelerman, email them to him. Ms. Sloan said that it is her understanding that after the 61 open responses are replied to, PSC will continue to observe the site’s progress. Mr. Hauser asked what the disposition of the clubhouse is and Mr. Intoccia said it will be 2-4 affordable housing units.

 

Robin Estrin of Cheryl Drive requested a lock be put on the detention basin on the property for safety purposes and Mr. Intoccia said it will be locked tomorrow. She also stated she needs 40 additional feet of fencing to her property. Mr. Intoccia said he will add this fence.

 

Mr. Hauser moved to designate Peter O’Cain as the agent for the Planning Board to review/approve the CSD plan for Bella Estates to his satisfaction. Mr. Milowe seconded the motion. The Board voted 4-0-0 in favor of this motion.

 

Attorney Shelmerdine was provided with the PSC invoice for $7,700 for services provided to them by Tom Houston. 

 

Elections

Mr. Hauser nominated Ms. Price as Chair of the Planning Board. Mr. Milowe seconded the motion. The Board voted 3-0-1 in favor of the motion. Ms. Price abstained.

 

Ms. Price nominated Mr. Hauser as Vice Chair of the Planning Board. Mr. Milowe seconded the motion. The Board voted 3-0-1 in favor of the motion. Mr. Hauser abstained.

 

Ms. Price nominated Anne Bingham as Clerk of the Planning Board. Mr. Milowe seconded the motion. The Board voted 4-0-0 in favor of the motion.

 

Other Business

1. Ms. Price reported that Land Strategies has almost finalized its P.O. Square Zoning document. Ms. Price said when it is completed; she will present it to the Finance Committee in July or August. Mr. Hauser agreed to attend the Finance Committee Meeting as well. The legal write up would need to come from Attorney Gelerman. A place holder needs to be provided to Roni Thaler.

 

2.  Ms. Price reported that Town Clerk, Marlene Chused provided her with the Attorney General’s comments regarding sign regulations. Ms. Price said she would contact the Town Attorney and Clerk regarding this.

 

3.  Mr. Milowe suggested Mr. O’Cain ask Mr. Intoccia to bring a check for Mr. Houston when he signs the plan for Bella Estates.

 

4.  Mr. and Mrs. Thomas came before the Board to arbitrate their fence issue with Mr. Intoccia. The Thomas’s stated they purchased a fence for $5,375 which was put up to protect their property somewhere between the first and second developer. There is a severe slope to the back of their house. They received a letter offering $2,500 from Mr. Intoccia and were told that he would work with them. Now they are being told to take the payment issue to the Planning Board because Mr. Intoccia will not reimburse them for the full amount of $5,375.  There has been no continued discussion between them. The fence was installed prior to Mr. Intoccia owning the land.

 

The Board and Mr. O’Cain interjected that they have never heard about the budgeted amount set for each fence. As written in the decision, item 15, on page 10, if a decision cannot be reached between the homeowner and developer, the Planning Board will arbitrate. Mr. O’Cain stated that the Thomas’ have a vinyl fence which is more expensive but they did not have the luxury of waiting to install the fence.  Mr. Hauser asked if there is a bond on the fencing/landscaping. Mr. O’Cain stated that abutter mitigation is not included within the agreement. He said this is a unique situation as other homeowners had signed a contract but the Thomas’s did not. He said they fell into a hole in between Mr. Mirrione’s ownership and that of Mr. Intoccia. Mr. Intoccia should be brought in to negotiate; Mr. Hauser said there is validity in both sides. Mr. O’Cain said the language is unclear regarding paying abutters and he will take this question to Attorney Gelerman and ask if the certificate of occupancy can be held up until the Thomas’s fence issue is resolved.

 

Mr. Milowe said there is value in meeting with Attorney Shelmerdine. Mr. O’Cain said he will speak to Attorney Shelmerdine on the Thomas’s behalf. The Thomas’s indicated that they know another family was paid more than $2,500. Ms. Sloan said that the decision said he will provide required fencing and that there is no dollar limit included. She thinks there needs to be a signed agreement between the two parties. Mr. Milowe said that Mr. Intoccia left for another meeting knowing this issue was here to arbitrate. Ms. Price said she could write a letter regarding the discussion at the meeting in conjunction with condition 15. Mr. Milowe said he would rather think the two parties could come to an agreement before a final decision was made. He would like Attorney Shelmerdine to speak with the Thomas’s. Ms. Sloan stated that Ms. Estrin has had a fencing issue for more than one year. Mr. O’Cain recommended that he call Attorney Shelmerdine to discuss. If they cannot issue a certificate of occupancy then they cannot move forward.  Mr. Milowe said that if Mr. Shelmerdine does not reach a resolution, he will be made aware that the interpretation of enforcement for not resolving the issue will be not providing a certificate of occupancy.

 

Housing Production Plan

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

 

Next meeting dates

6/23, 7/7, 7/28, 8/11, 9/1, 9/15 PO Square Zoning Hearing

 

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.