Town of Sharon Planning Board

Meeting Minutes of 3/2/11

Amended and Approved on 3/23/11

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

Eric Wendel, 162 Upland Street

Kevin Olson, Wright Pierce, Andover

Dave Coonan, Tedeschi 68 Pond Street

Suzi Peck, 1 East Street

Andrew Stead, 25 Morse Street

Alice Cheyer

 

Chair Report

Chair Susan Price called the meeting to order at 7:43 PM and began the Chair’s Report.

 

ANR Plan 162 and 168 Upland Street

Mr. O’Cain presented an ANR plan for the properties located at 162 and 168 Upland Street. The request is to do an exchange of 2092.84 square feet of land from John and Jill Horowitz to Mr. Eric C. Wendel as well as an exchange of 2092.82 square feet of land from Mr. Wendel to John and Jill Horowitz. Mr. O’Cain said the request meets the shape factor requirements. Mr. Wendel wanted to subdivide his property to create an additional buildable new lot.

 

Mr. Hauser moved to approve the ANR Plan for 162 and 168 Upland Street dated 2/21/11 as approval not required and authorizes Mr. Peter O’Cain, Town Engineer, to sign the plan on behalf of the Board after the plan is revised to clarify the “Plan Purpose” statement. Ms. Bingham seconded the motion and the Board voted 3-0-0 in favor of the motion.

 

Tedeschi Food Shop Signs

The Board members were provided copies of a letter from David Coonan, Jr., Director of Design and Construction for Tedeschi Shops, to Joe Kent, regarding temporary signage at Tedeschi Food Shops, 68 Pond Street, Sharon, MA 02067, with associated photos and additional photos of Tedeschi signage taken by Mr. O’Cain. Also handed out was the 1991 ZBA Decision on the Application for Special Permit and Variance for WERL Realty Corporation, Inc. for the property located at 68 Pond Street.

 

Mr. Coonan explained to the Board that Mobil Gas pulled out of the Tedeschi Food Shop with a termination date of February 28th. Mobil removed all signage related to the Mobil brand. Because of the short timeframe, Mr. Coonan was requesting a temporary sign permit to change the pylon face, pump graphics and canopy signage to “Tedeschi” brand. He provided examples of what the signage would look like.  Mr. Coonan said that Tedeschi still has plans to renovate the site and these signs are temporary.

 

Mr. Hauser commented that the request was reasonable but added that when the site is redeveloped; it should look like a New England Village. Mr. Coonan said they would change to a more traditional look. Mr. O’Cain said that they will need a Title V inspection which will determine if a new septic system is needed and he noted that the septic tank is nonconforming by current standards.  Mr. Coonan said he has hired an engineering firm to do a survey plan for the property.

 

Mr. Hauser moved to approve the signs as submitted by Tedeschi Food Shops as per the 2/16/11 letter and to authorize Peter O’Cain, Town Engineer to sign any required paperwork. Ms. Bingham seconded the motion and the Board voted 3-0-0 in favor.

 

P.O. Square Waste Water

Ms. Price said that Mr. Kevin Olson of Wright Pierce, who wrote the waste water reports for P.O. Square, had agreed to attend the meeting to assist in any discussion. Ms. Price extended her appreciation to Mr. Olson for attending. Ms. Price said that the Board developed updated zoning to modernize and clean-up the existing P.O. Square Zoning. The objective is to make a more vibrant environment, reenergize P.O. Square to function as a center and to give the town center a better look and feel.  Concerns at Town Meeting were raised regarding water and the impact on the septic with the critics asking the Planning Board to go back to Town Meeting with new data.

 

Mr. Hauser mentioned that in the report it says the current flow for PO Square is 56,200 (Title V design flow) gallons per day; 22,000 – 25,000 is the actual measured use. This 2x factor between “allowed” and actual is typically designed in as a safety factor, and is appropriate.

 

Mr. Olson said that Title V puts you at double what is actually used. Mr. Hauser said that build out is identified as new stores and housing. Multiple objectives need to be satisfied including affordable housing and the smart growth goals. With the maximum build out, Mr. Hauser said that it would increase from 56,000 gallons per day to 90,000 gallons per day. Mr. Olson clarified that buildout would range from 75,000 gallons per day to 90,000 gallons per day, as per section 6-1 in the second report.

 

Ms. Peck said she thought the consultant had said a moderate build out was a more likely outcome and Mr. Olson agreed that a moderate buildout would allow for more options for a leaching field.

 

Ms. Price said that in the second report, there are a handful of properties that had soils tested and some were eliminated but only a few remain.  She asked if Cottage Street School was considered. Mr. Olson said it had been at one time.  He noted that waste water is a limiting factor. It starts with finding a disposal site. He said he looked at 8 sites that were short listed to 5 to include Glendale Road, Temple Israel, Sharon High School, Hunter’s Ridge and the MBTA – the Sands (Water Department) site. He summarized the effluent disposal and included the options at the end of the report.

 

Mr. Hauser said that the Temple Israel site would not allow us to support all capacity if the full build out was done. A treatment center would have to be built on a different site. Ms. Price asked what size property is needed and Mr. Olson said it depends on the soils but 1 - 3 acres probably would be required.

 

Mr. Hauser asked if the Town is ready to spend $6-10 million and who will pay for the plant. Mr. Hauser asked the BOH representatives appearing at the meeting as private citizens, if they had an opinion on when the existing sites in P.O. Square might fail, and what do the property owners have as options for repairing or replacing the system.  Mr. O’Cain provided a property chart for the Town Center color coded for known years of the age of the various septic systems.

 

Mr. Olson said there are many ways to fund a project, with the most common way being a betterment scenario where the property owners pay or amortize over years. It would be $5-9 million to build, plus operating costs.

 

Ms. Peck said that the main area that needs redeveloping is the Delapa apartments.

 

Ms. Bingham said a system should not have to be pumped every year. She thinks the Delapa properties were pumped very often. She said that maybe it’s time for the Board of Health to consider there is a public health issue because of the age of the old systems.

 

Mr. Hauser said there are 3 questions implied by the Wright Pierce study that need to be considered. These are  1) Can a complete subsystem be built for $6-10 million for the entire Square, 2) could every owner comply by having his own or a few smaller shared systems or 3) can every site can be made healthy on a 20 year cycle within its existing lot.

 

Ms. Peck said there is no ability to expand flow. Mr. O’Cain said the only way to make this work is to tie more people into it and then a bigger lot will be needed. If density is going to be increased in P.O. Square, then a system is needed.  She said that she is not seeing any evidence of large failures in the downtown from a public health perspective. The question she said is, is the expense of a central system worth it in terms of what you want to do? Mr. O’Cain said that by moving to a treatment works facility, you would lower the nitrates in the soil, if existing systems are connected to a new treatment system.

 

Ms. Peck said that if something goes wrong in a big plant it is a huge liability to upkeep, it is an ongoing commitment. She said that big plants are not a slam dunk option for small towns.

 

Mr. Hauser said there is an operating risk and a maintenance risk and asked if Ms. Peck or Mr. Stead was in favor of a shared system for the nearby residential neighborhoods.  Mr. Stead said he prefers that a mechanical system be avoided. Ms. Peck said that with a shared system, you need two owners to agree and enforcement is tough.

 

Mr. Hauser asked, in looking at the map of the businesses in the P.O. Square Area provided by Mr. O’Cain, who is incentivized to develop.   Maybe there are 10 sites, and of course the Delapa Properties are the largest. Mr. Olson said that lots of communities on the Cape know they have to do something about wastewater so they are gobbling up land and suggested that the Town do so as well.

 

Ms. Peck commented that there are risks around the Lake, risks around Heights Plaza, and risks in the Glendale neighborhood. She said that whether downtown needs a new system is questionable but other areas need it more.   She said that P.O. Square is managing at the current levels of development

 

Ms. Cheyer said Ms. Peck stated other areas need systems more than P.O. Square. The question is will P.O. Square always be okay or will zoning and increased density require the septic to change.

 

Ms. Peck said that regardless of zoning, development can’t go in unless Title V is met. If we do not develop a centralized new treatment plant or address the sites locally, density of the development in the center cannot grow. If people want to do something but the Board of Health said no then pressure is put on the Board to cave in. She said you cannot deny that changing zoning would make it harder for the Board of Health to do their job.  Mr. O’Cain stated that there is no further pressure on the Board than on any other system because waivers from Title V cannot be provided.  Only waivers from Article 7 can be provided.  Furthermore, large systems over 10,000 GPD are approved by the DEP and not the Sharon Board of Health, although the DEP seeks the recommendation of the local Board of Health.  Ms. Price said that Ms. Peck’s statement that the zoning didn’t matter and that development cannot go in unless Title V is met is ironic because the objection at Town Meeting was to the zoning. Ms. Price said if the zoning didn’t matter, then the update to the zoning should have been approved because development would still be controlled by Title V..

 

Mr. Hauser said that the proposed zoning would not have increased density.  Mr. O’Cain said that there are many positive aspects to the zoning proposal that could still be voted on at Fall Town Meeting that would not require a change to density.  Positive changes resulting from the new zoning include being able to have a walkable downtown, move buildings closer to the sidewalk, and locating parking in the back of the properties.

 

Ms. Cheyer stated that report #2 identified Billings land but it is conservation land and permanently protected. She asked if there are any other sites available. Mr. Hauser said there is no undeveloped large sites close for P.O. Square in terms of public land but privately owned land could be purchased nearby, since the cost of running the pipes is directly affected by distance. Buying a few private properties to assemble a large enough parcel would simply add another $1M or so to the price tag. He said it could be done.

 

Mr. Hauser confirmed the opinion expressed by Ms. Peck and Mr. Stead that there is no public health issue in P.O. Square today. He said systems can be maintained for 20-30 years under the current level of development.  8-10 additional properties would most likely be developed should we develop recommendations. Mr. Hauser said P.O. Square zoning is from the 1950’s.

 

Mr. O’Cain asked if density could be removed from the article. Mr. Hauser asked if it would make sense to have a meeting with the Board of Health. Ms. Peck said in her opinion the article did not pass because of a lack of trust.  She said the Planning Board lacks credibility.  She said she would keep the same density.

 

Ms. Price wanted to point out that P.O. Square has not been fully built out under the existing zoning.  She thanked everyone for coming and would like suggestions for improvement and next steps.

 

Meeting Minutes

Ms. Bingham moved to approve the meeting minutes of 2/9/11. Mr. Hauser seconded the motion and the Board voted 3-0-0 in favor. Approval of minutes of 2/16 was postponed.

 

Other Business

Ms. Price reported she attended a MAPC meeting and the main topic was the state of equity in MAPC areas. "The State of Equity in Greater Boston" includes "preliminary findings of its research on the region's progress toward achieving the goals of the Metro Future regional plan.  These findings reveal inequities that deeply affect the lives of residents across the region."   The report on the “state of equity” will be available online. 

 

Adjournment

Ms. Bingham moved to adjourn the meeting at 10:00 PM.  Mr. Hauser seconded the motion and the Board voted 3-0-0 in favor of adjournment.

 

Attachments

1. Letter from David Coonan, Jr., Director of Design and Construction for Tedeschi Shops, to Joe Kent regarding temporary signage at Tedeschi Food Shops, 68 Pond Street, Sharon, MA 02067, with associated photos.

2.  Pictures of Tedeschi signage taken by Mr. O’Cain.

3.  ZBA’s 1991 Decision on the Application for Special Permit and Variance for WERL Realty Corporation, Inc. for the property located at 68 Pond Street.

4. GIS Map of septic systems ages from 1956 – 2006 in P.O. Square.

5. Map of the various business properties in the P.O. Square Area provided by Mr. O’Cain.