Town of Sharon Planning Board

Meeting Minutes of 9/14/11

Amended and Approved on 9/27/11

Sharon Community Center

Filmed by SCTV

Planning Board Attendees

Susan Price, Chair	Anne Bingham
Eli Hauser, Vice Chair  - absent	Pat Pannone, Clerk
David Milowe	Peter O’Cain, Town Engineer

Attendees

Paul Brodmerkle, Site Design Professionals	Alice Cheyer
Robert and Leene Chavez, 188 Ames Street	Mr. Dave Martin – Historical Commission
Donna West, 195 East Street	Susan Gooltz, 200 Longmeadow Lane
Andy and Doreen Kriegel, 15 Knife Shop Lane	Toni and Michael Guardabascio, 194 East St
Alan Robbins 3 Knight Road	Alma Calimilim – CVS
Ron Weeden - CVS

Chair Report

Chair Susan Price called the meeting to order at 7:30 PM and postponed the reading of the Chair’s report until the next meeting. The bills were reviewed.

Chair Price said that the Capital Outlay Committee needs two representatives from the Planning Board. David Milowe has agreed to continue in this position and Ms. Bingham does not wish to reapply for the position.

Ms. Bingham moved to reappoint David Milowe as representative to the Capital Outlay Committee. Mr. Pannone seconded the motion and the Board voted 3-0-1 in favor (Milowe abstained).

An advertisement was posted on SCTV for the 2^nd appointee position. Mr. Alan Robbins came to the Board and stated that he would like to fill the open representative to the Capital Outlay Committee position.  He had been referred by Paul Linehan for the position. Mr. Robbins stated he has lived in Sharon since 1993 and spends a lot of time coaching youth sports. Professionally, he owned Allied packaging and recently sold it to Romanow container. He feels it is important for the Town to be progressive. Mr. Milowe explained the responsibilities and time commitment needed for the Capital Outlay Committee.

Ms. Bingham moved to nominate Alan Robbins as the Planning Board’s second representative to the Capital Outlay Committee. Mr. Pannone seconded the motion and the Board voted 4-0-0 in favor of the appointment.

Signs

CVS came before the Board to discuss the option for new signs, lighting and awnings for the South Main Street CVS. Ms. Prices recused herself from the discussion because her husband is employed by CVS.

Ron Wynn from CVS and Alma Calimlim, the sign vendor, came before the Board to present the ideas for a refreshing of the front signage/lighting of the CVS store. They have developed a program over the past two years to give 50 Massachusetts stores a new look.

Mr. O’Cain said that the proposed signage needs to meet the P.O. Square sign guidelines for District A. Historic colors need to be used because of the stores location within District A. The red color proposed is not in the Benjamin Moore historic color palette and the graphics recently put up do not meet the Guidelines either.

A discussion ensued amongst the Board Members regarding the signage and lighting. Mr. Pannone asked as part of branding, could historic pictures be used to replace the multi colored window ornamentation.

Mr. Dave Martin of the Historic Commission but speaking on behalf of himself said he is not happy with the eye popping colors and brightness of the window decoration.

Mr. O’Cain said he will pull the Zoning Board decision to see what was supposed approved in the past for CVS.

The Board discussed what colors might look better and be more appropriate.  Each member had a varying opinion. Mr. Wynn said he will come up with a historical solution and will come back to the Board with new plans. 

Meeting Minutes

Approval of the 8/31/11 minutes was postponed until the 9/27/11 meeting.

Public Hearing Stoneholm Estates - continued

Ms. Price re-opened the Public Hearing and reiterated the Public Hearing rules that would be followed by the Board.

Mr. Paul Brodmerkle, of Site Design Professionals, engineer for Dr. Chavez for the Definitive Subdivision Plan entitled “Stoneholm Estates” in Sharon, MA dated July 1, 2011, provided the Board with a view of a plan with the two new subdivision lots and an additional potential ANR lot carved out on East Street on the main property..

Ms. Bingham stated that one reason that she agreed to consider the subdivision was her understanding that the front portion of the property would remain untouched. That is now different than what is displayed on the new plan.

Mr. Brodmerkle said they are bringing this plan forward. They could do a five lot ANR plan “as of right”. ANR lots could be created on both East and Ames Streets. Four new lots could be created out of the existing home lot. He said they only want to develop the back lots and the roadway but this other version was shown for illustration purposes to demonstrate another way to develop the property.

Mr. O’Cain said if they can carve out 3 or 4 lots, it is more than the proposed 2 lot subdivision.  It would contain four new lots versus three new lots with the subdivision and the one ANR lot on East Street.

Mr. Milowe asked if there is a restriction placed on the house, will that carry over if the property is sold. Mr. O’Cain said it would carry with the deed, if properly written and reviewed by Town Counsel.

Mr. Martin representing the Historical Commission said Dr. Chavez had just met with the Historic Commission regarding the property, which is on the National Registry. The Historic Commission would like the least intrusion on the property with reference to building new homes and they will discuss this again at their October meeting.

There is a question as to who owns the stone walls; the town or Dr. Chavez.

Mr. O’Cain said according to the county survey, the East Street wall is in the right of way and the Ames wall is part of the Chavez property.

Dr. Chavez of 188 Ames Street said that he apologizes for any misunderstanding and said he thought he was clear that he wanted no division on the Ames Street boundary but he did anticipate the third lot in addition to the two new houses on the new road.

Ms. Bingham said the third lot changes the visual experience.

Doreen Kriegel of 15 Knife Shop Lane said that she feels the subdivision is more intrusive for the neighbors and feels her opinion is opposite that of the Historic Commission.

Donna West of 195 East Street asked if anyone spoke with the Conservation Commission or Town Counsel regarding any restriction on 188 Ames Street with reference to the conservation easement or use for the main property.

Mr. O’Cain suggested that she speak with Town Counsel regarding any restrictions.

Mr. O’Cain said he spoke with Greg Meister of the Conservation Commission who told Dr. Chavez that a wetland biologist must go out to flag the wetlands and possible resource areas.

Mr. O’Cain said determination of vernal pools cannot be made now; it has to be done in the spring.  Mr. Broadmerkle said that there are some indicators like matted leaves that could guide us with respect to whether a possible vernal pool would exist in that area.

Ms. Price said that Mr. O’Cain has aerial photos showing wetlands behind the Pollock and Holden homes on East Street.

Toni Jo Guardabascio said the Holden home has a vernal pool with the wetlands behind the home. She said their sump pump runs all of the time. She thought Greg Meister was going to visit the property.

Peter O’Cain said that the wetland biologist flags the wetlands and then Mr. Meister reviews it. He said that Mr. Meister can request a wetland biologist to be hired by Dr. Chavez to mark the wetlands and then it can be determined if they are within 100 feet of the buffer.

Mr. Brodmerkle said if the wetland is within 100 feet, the Conservation Commission has enforcement authority; if the wetlands are more than 100 feet, there is no review authority for the Conservation Commission

Mr. O’Cain said if there is a vernal pool and the runoff volume changed, that would be a problem for the vernal pool. If there is a match pre and post runoff volumes than there is no issue for the vernal pool, as long as the post development peak rate of runoff does not change. He said the developer’s engineer can match pre and post-construction peak rate of runoff match; but we need to know what, if anything is being impacted.

Mr. Pannone said there will be more runoff because trees would be cleared and without trees there is less absorption.

Anne Bingham questioned if it is in the public interest to consider 15 waivers that are being requested by Dr. Chavez. A discussion ensued.

Ms. Price said that a potential ANR subdivision could have 4 additional lots in addition to the house lot and undeveloped lot on East Street. On the compliance plan there is a 2 lot subdivision off of the new road and 1 ANR lot on East Street for a total of three new lots, in addition to the house lot and the undeveloped lot on East Street.

Andy Kriegel of 15 Knife Shop Lane said that the impact of one house on the environment seems better as he feels he is the recipient of the runoff.

Mr. Brodmerkle said there is no uncertainty to the environment.

Doreen Kriegel of 15 Knife Shop Lane asked whether with a subdivision and one ANR lot that we can assume no other development.

Ms. Price said that the Board could restrict the subdivision on Ames Street.

Ms. Price asked if the Board wanted to give the developer specific directions about tree identification and wetlands delineation, etc.

Ms. Bingham said she is concerned with the public interest as we sit on the Planning Board. She is not sure if talking about the waivers is in the public interest.

Mr. O’Cain said if an ANR plan meets the ANR regulations, it does not need a long Planning Board approval process like a definitive subdivision plan and it would simply be a 15 minute review process.

Doreen Kriegel of 15 Knife Shop Lane thinks chopping up the land may reduce the Chavez house value and wants the Board to look at all plans individually.

Mr. Pannone said it is up to Dr. Chavez to endure the hearings and wants the Board to move forward not laterally.

Ms. Bingham said they are asking to vary our regulations.

Mr. Pannone said he wants to get to the discussion.

Andy Kriegel of 15 Knife Shop said there is a large impact to the abutters both visually as well as water drainage. He thinks that an ANR plan is better.

Ms. Price asked Mr. O’Cain to clarify the decision making process that is needed. Mr. O’Cain replied that the Board needs to confirm the compliance plan is administratively complete. If the Board determines that the plan is administratively complete, then it can move on to the waiver plan review. The Board needs to decide whether it is willing to look at the subdivision plan or not and then the applicant knows how to proceed. The applicant needs a path and the Planning Board needs to make a decision.  Susan Price recommended that Town Counsel be contacted as to whether waivers are acceptable for a “Compliance Plan” or not.  If not, the applicant’s plan submission cannot be considered by the Board.

Dr. Robert Chavez of 188 Ames Street said he applauds that public interest is resting on the Planning Board shoulders. He knows the abutters are upset their environment will change but change is a function of life. He said he cannot lose with the ANR lot or subdivision plan. However, he wants the subdivision approval granted. 

Ms. Bingham moved to vote on whether the Board should continue to consider the one lot ANR with a 2 lot subdivision and waivers.  Mr. Milowe seconded the motion. The Board voted 3-1-0 to continue with the review (Bingham voted no).

Ms. Bingham moved to keep the hearing open until 9/27/11. Mr. Milowe seconded the motion. The Board voted 4-0-0 in favor.

Next Meeting Dates

September 27th, October 6^th, October 18^th, November 2^nd. November 14^th is Town Meeting.

Other

Ms. Price reported that all legal ads for the Town Meeting articles will appear in the Advocate on Friday.

Ms. Price asked if the Planning Board should be the proponent for EPOCH. Ms. Bingham said she wants to see specifics: drawings, location etc.  Ms. Bingham moved to decline the Planning Board be the proponent and to inform EPOCH of such and they need to provide plans and details at the 10/6/11 public hearing. The Board voted 4-0-0 in favor.

Adjournment

Mr. Milowe moved to adjourn the meeting and Ms. Bingham seconded the motion. The Board voted 4-0-0 in favor of closing the meeting at 10PM.

Attachments

1. 3 maps created by Peter O’Cain to depict possible ANR lots.

2. Various CVS pictures of the refresh opportunity.

Note: New Open Meeting Law. As of July 1, 2010 al Planning Board minutes and attachments will be available upon request by contacting the Planning Board Secretary via email at rlevitts@hotmail.com.