Town of Sharon Planning Board

Draft Meeting Minutes of 2/9/11

Amended and Approved on 3/2/11

Sharon Community Center

Filmed by SCTV

 

Planning Board Attendees

Susan Price, Chair

Anne Bingham, Clerk 

Eli Hauser, Vice Chair

Amanda Sloan - absent

David Milowe - absent

Peter O’Cain, Town Engineer

 

Attendees

James Miller, Miller Engineering

Alice Cheyer

Jenny Raitt, MAPC

 

 

Chair Report

Chair Susan Price called the meeting to order at 7:45PM and began the Chair’s Report.

 

Chair Price reported that the Housing Production Plan was approved and acknowledged receipt of an email from Ms. Alice Cheyer dated 2/9/11 suggesting language corrections. Ms. Price said she will review the request and will send it to Jenny Raitt when she follows up on updating the census information to the report.

 

Form A’s, ANR’s, Signs

ANR - Mr. O’Cain presented an ANR Plan for 64 Billings Street to the Board. The existing home he said, has two septic systems and one of the cesspools is located on the new lot and is in failure.  The owner is Patricia Yutzy and the plan was prepared by Miller Engineering of Seekonk, MA. The owner wants to create new buildable lots on 1.4 acres. Mr. O’Cain pointed out that as stated on the plan the owner needs to have an approved plan with the Board of Health prior to construction. This is not a new subdivision as no new roadway is being created. Mr. O’Cain pointed out that no permits will be issued on lot 2 until the septic failure is resolved.

 

Ms. Bingham moved to approve the ANR Plan for 64 Billings Street as approval not required under the subdivision control law and authorizes Town Engineer, Peter O’Cain to make changes to the plan as needed and to sign as agent for the Board. Mr. Hauser seconded the motion and the Board voted 3-0-0 in favor.

 

Form A - Mr. O’Cain presented a Form A for the Plan of Land on South Walpole Street prepared by GLM Engineering, Holliston, MA. In 2006, the land was divided into 11 lots and the owners later filed a plan with Registry of Deeds which combined lots 1-8 into one lot without Planning Board approval. The purpose now is to reapprove the plan done 5 years ago.  Ms. Bingham moved to approve the ANR Plan on South Walpole Street on the map dated January 25, 2011 as approval not required under the subdivision control law. The Board also authorized Peter O’Cain to sign as agent for the Board. Mr. Hauser seconded the motion and the Board voted 3-0-0 in favor.

 

Jenny Raitt, Chief Housing Planner, Metropolitan Area Planning Council

Ms. Raitt began the discussion by stating that there are two rounds of South Coastal Rail funding; 2010 and 2011. The 2011 funds were used to create the Housing Production Plan for Sharon. The 2010 funds need to be expended by June 30th, 2011 if the Board wants to proceed with the creation of a 40R District bylaw. Ms. Raitt mapped out the process that would need to be followed which included drafting the bylaw, receiving a DHCD review, creating a second reiteration of the draft and then having a required Public Hearing by the Planning Board. She proceeded to outline expected dates to receive a draft and subsequent drafts after that. She stated that 40R zoning is a tool that encourages communities to access state funding and via incentives, opportunities to create dense residential or mixed use smart growth zoning districts, including a high percentage of affordable units, to be located near transit stations, in areas of concentrated development such as existing city and town centers. Projects must be developable under the community’s smart growth zoning adopted under Chapter 40R, either as of right or through a plan review process. She said the center of Town qualifies under the zoning tool ACD (area of concentration). Last year she had a site visit to the area to view the Delapa properties.

 

Ms. Bingham said she thought you have to prove before 40R zoning is considered, the availability of infrastructure capacity.

 

Ms. Raitt replied that if the Town can demonstrate they can accommodate growth then it is okay.

 

Ms. Bingham said she is confused because Mr. Delapa is not sitting at the table discussing rezoning of his property. How can we assume it is okay with him? How can we get specific without consultation from the owner of the land being proposed?

 

Ms. Raitt replied she thinks it is useful to have the owner at the table and they should be engaged in the conversation. She said it would be beneficial but not required. She said we are discussing an overlay district which does not change the underlying zoning.

 

Ms. Raitt listed several items that need addressing in order for her to begin. The first is to get in touch with Mr. Delapa.

 

Mr. O’Cain said he would try to get in touch with him. Ms. Raitt said if 40R is adopted at Town Meeting then there is a zoning benefit payment made to the Town. The second item she wanted was a list of community partners, municipal or otherwise.

 

Mr. O’Cain suggested the Housing Authority and Jane Desberg, and the Economic Development Committee and Rob Maidman.

Ms. Raitt’s third request is that she needs to understand district boundaries, density, parking and any fundamental issues.

 

Mr. Hauser said he has a PDF of the zoning for PO square that he would review with Ms. Raitt.  

 

Ms. Price questioned whether all PO Square property owners should be involved or just one or two.

 

Ms. Raitt said she would want to bring this opportunity to them.

 

Mr. Hauser suggested this be done incrementally. Once 40R is in place, there are dynamic changes in terms of rights they are granted.

 

Ms. Cheyer asked how this relates to MUOD and 43D that exists in PO Square.

 

Mr. Hauser commented that 43D is not related as it does not impact housing or zoning. There is underlying zoning which doesn’t allow that many apartments. The MUOD already is available. Apartments can be put over stores. It is in place to encourage development which is how we got the 43D. He suggested we want to do the 40R because the state gives you money.

 

Ms. Price said the MUOD can be applied to any district. 40R would be tied to specific properties in PO Square.

 

Ms. Raitt asked if the PO Square guidelines are acceptable design standards and Ms. Price said they were.

 

Ms. Bingham said she does think the MAPC should be drafting regulations that benefit land owners who are not at the table.

 

Mr. Hauser said this is creating a draft for specific property but that there needs to be a conversation with Delapa at the table.

 

Mr. O’Cain said he will reach out to Alice Hu of Mandarin Taste, the Keating Funeral home and Delapa properties to see who is interested.

 

Ms. Raitt said it needs to be clear what district is involved. It cannot be general. It must be contiguous. At this point if the Town does not want to move forward with this, she needs to know. MAPC is a state government entity. They write lots of zoning for 101 municipalities. They are funded to do so under grant programs. The number one issue in this she said is “What is the interest of the number one land owner, Delapa?”

 

Ms. Raitt and Mr. O’Cain will follow up with each other and will provide information to Mr. Delapa.

 

Traffic Study

To be discussed on 2/16 with Tom Houston.

 

Meeting Minutes

Mr. Hauser moved to approve the minutes of 1/19/11 as amended. Ms. Bingham seconded the motion and the Board voted 3-0-0 in favor.

 

Mirrione/Bella Estates Bond

Mr. O’Cain wants to verify the Bella Estates/Intoccia Bond is active and paid up and then the Board will vote to release the Mirrione bonds.

 

Inclusionary Zoning

Mr. O’Cain handed out maps to the Board identifying realistic available lots to be divided. This conversation was tabled until a further meeting.

 

Other Business

1. 2/16 Tom Houston to present the Traffic Study. Mr. Hauser and Mr. Milowe are unable to attend.

 

2. 3/2 BOH to attend meeting regarding waste water in PO Square.

 

3. Ms. Bingham suggested building time into each meeting to discuss subdivision regulation changes.

 

4. Ms. Price said as far as adult entertainment, definitions are needed. The Board needs to look at what part of Town to allow it to be located; most likely in an industrial district.

 

5. Mr. O’Cain handed the Board a map of septic systems by age for PO Square for use at the 3/2 meeting.

 

Adjournment

Ms. Bingham moved to adjourn the meeting at 9:50 PM.  Mr. Hauser seconded the motion and the Board voted 3-0-0 in favor of adjournment.

 

Attachments

1. Chapter 40R Local Zoning Bylaw Guidance Document Overview - March 1, 2008 provided by Jenny Raitt.

2. Jenny Raitt Powerpoint printout of her presentation.