Town of Sharon Planning Board

Draft Meeting Minutes of 9/1/10

Amended and Approved on 9/15/10

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

Paul Lauenstein

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 8/11/10 as amended. Mr. Hauser seconded the motion. The Board voted 4-0-0 in favor of the motion. (Ms. Sloan was not present for the vote)

 

Form A

None

 

Signs

None

 

Capital Outlay Committee Representative

Mr. Milowe agreed to continue as representative of the Planning Board to the Capital Outlay Committee. The purpose of this committee is to vote on capital outlay expenses in excess of $10,000.

 

Meeting Dates

The Board confirmed the meeting schedule through the beginning of January, 2010. The following dates will be scheduled:  September 21st, October 6th, October 20th, November 3rd, November 17th, December 1st, December 15th and January 5th.

 

Bond Reduction Eisenhower Extension

Mr. O’Cain presented the Board with a revised bond recommendation for Eisenhower Extension Subdivision. The Engineering Division of the Department of Public Works recommends that the surety for completion of the Eisenhower Extension on the Eisenhower Extension Subdivision be set at $1,000, a reduction of $4,000. The reduction is based on the fact that the tree growth at the site is still strong after one year. The remaining $1,000 will be held until grass in the grass strip has been reseeded and has filled in significantly.

 

Mr. Hauser moved to approve the bond reduction as per Peter O’Cain’s memo dated August 31, 2010 with the subject: Revised Bond Recommendation for Eisenhower Extension Subdivision. Ms. Bingham seconded the motion and the Board voted 5-0-0 in favor. Ms. Levitts will issue a bond reduction letter to the Town Treasurer.

 

Bella Estates Update

Mr. O’Cain stated that at Bella Estates, he is back on track issuing permits. He recently issued three foundation permits. He is looking at the slope erosion and water table with respect to the subdrain. Mr. O’Cain commented that the Conservation Commission Agent is working with Bella Estates on the Order of Conditions and hopes to wrap it up in a month. The Homeowners Agreement has been given to Town Counsel and the Planning Board for review.

 

Attorney Shelmerdine came before the Board and stated he asked to attend the meeting for two reasons. The first is to update the Board on the subdivision and the second is with reference to the Homeowner’s Association Declaration and Trust that needs modifications, to be in compliance with special permits.

 

Ms. Bingham asked if another escrow agreement can be put in the Home Owner’s Agreement for maintenance of the wall and storm water retention system. Mr. O’Cain said the storm water portion is already written into the Homeowner’s Agreement. He has discussed this with Town Counsel. Ms. Bingham said she suggests this, so down the road there is a certainty for money for maintenance of the shared septic system and wall. She is concerned there is clarity of who is responsible for what should there be problems.

 

Mr. Shelmerdine stated that the CSD subdivision was permitted in 2006. The Homeowners Agreement was recorded in 2007. The walls and shared septic were already in the ground. In 2009, when Mr. Intoccia took over, it was a fully built and approved subdivision. Certificates of occupancy had been issued. The conditions are in the modified special permit dated August, 2009.  The documents are the declaration trust and the covenants, restrictions and easements that deal with the subdivision. These are the operative documents. Mr. Shelmerdine stated that in March, 2010 the issues of the retaining wall cropped up. They have had to do many modifications to correct the issue. They hired a structural engineer and now need to build 10 ft pillars of concrete and construct finger drains which allow water to flow down hill.

 

Ms. Sloan asked Mr. O’Cain if the retention pond had been engineered to accept extra drainage since the installation of the finger drains and retention wall. Mr. O’Cain replied yes, the basin can accept all drainage.

 

Mr. Shelmerdine provided a copy of the amended Homeowner’s Agreement to Ms. Price.

 

Ms. Bingham said her concern is what happened in March. The drainage and wall issue make the problem more complicated. Although the Homeowner’s Agreement said it will cover it, it cannot be relied on necessarily. She wants people to recognize it’s a utility on private land that the Town can go on. Mr. Shelmerdine said to think of it as a condo and if repairs are needed, the trust through the trustees has the ability to levy payment. Ms. Bingham stated she feels strongly that monies should be set aside in case of trouble.  She would like to see an engineering calculation to determine the dollar value to be put aside for repairs. Ms. Bingham also expressed concern that portions of the drainage system, including the stormwater detention basin, would be located on town owned land. Thus, even if Homeowners had a stated duty to maintain and pay for maintenance on elements on town land, the town would retain liability

 

Mr. Shelmerdine stated he is working with Town Counsel and has entered into an agreement to pay the outstanding monies owed to Attorney Gelerman, PSC and the Town of Sharon.

 

Mr., Shelmerdine said that condition 31 requires the Planning Board to approve the Homeowners Agreement. Mr. O’Cain stated he wants to speak with Attorney Amara first.

 

Mr. Shelmerdine asked to receive any language text changes from Ms. Bingham or Mr. O’Cain within the next 15 days.

 

Mr. O’Cain also said that there is a bond that has never been formally approved by the Planning Board. It refers to Hunter’s Ridge and needs to be modified. That way the bond can be approved at the next meeting.

 

Attorney Shelmerdine requested that Bella Estates be placed on the agenda on 9/15, after the public hearing concludes, to discuss the bond and Homeowner’s Association Agreement.

 

PO Square Zoning

Ms. Price opened the topic by stating that the Public Hearing is in two weeks at Town Hall. She stated Town Counsel prepared the summary article and legal ad and she prepared a revised summary entitled “Summary of Proposed Zoning Revisions for Post Office Square, 8/31/10.”

 

A copy of Mr. Hauser’s PowerPoint presentation for PO Square Rezoning Proposal was also provided.

 

The Board reviewed the warrant article section by section and a brief discussion ensued within each section. Changes were suggested as the review ensued.

 

Next meeting dates

9/15 Post Office Square Zoning Hearing

9/21, 10/6, 10/20, 11/3, 11/17, 12/112/15 and 1/5.

 

Adjournment

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

 

Attached Documents

1. Peter O’Cain’s memo dated August 31, 2010, subject: Revised Bond Recommendation for Eisenhower Extension Subdivision.

 

2. Bella Estates amended Homeowner’s Agreement

 

3. Summary of Proposed Zoning Revisions for Post Office Square, dated 8/31/10

 

4. PO Square Rezoning Proposal Fall 2010

 

5. Warrant Article

 

 

 

 

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.