Town of Sharon Planning Board

Meeting Minutes of 9/27/11

Amended and Approved on 10/18/11

Sharon Community Center

Filmed by SCTV

 

Planning Board Attendees

Susan Price, Chair

Anne Bingham

Eli Hauser, Vice Chair (arrived @7:50 PM)

Pat Pannone, Clerk

David Milowe

Peter OÕCain, Town Engineer

 

Attendees

Paul Brodmerkle, Site Design Professionals

Alice Cheyer

Robert Chavez, 188 Ames Street

Peter Hamilton, 5 Post Office Square

Paul West, 195 East Street

Len Simons 35 Crest Road

Andy and Doreen Kriegel, 15 Knife Shop Lane

Toni and Michael Guardabascio, 194 East St

Glenn and Nadine Tung, 12 Knife Shop Lane

Alma Calimlim, CVS

Stuart and Teri Schnitt,  8 Knife Shop Lane

Sheldon Kriegel, 7 Lothrop Way

 

Chair Report

Chair Susan Price called the meeting to order at 7:30 PM and read the ChairÕs report.

 

Meeting Minutes

Ms. Bingham moved to approve the meeting minutes of 8/31/11 and Mr. Milowe seconded the motion. The Board voted 3-0-1 (Mr. Milowe abstained as he was absent).

 

Mr. Milowe moved to approve the meeting minutes of 9/14/11. Mr. Pannone seconded the motion. The Board voted 4-0-0 in favor.

 

Signs

1. Peter Hamilton of 5 Post Office Square provided a sign request for his business. Mr. OÕCain said the sign and paperwork appear to be compliant with the P.O. Square guidelines. Dimensional requirements are met.

 

Ms. Bingham moved to approve the vinyl sign for 5 Post Office Square for ÒIn Your Defense Martial ArtsÓ on the condition that the colors on the sign match to the Benjamin Moore historical color palette as best as possible for the vinyl sign.

 

2. CVS Sign for 66 A South Main Street.

Vice Chair Elli Hauser led this discussion as Ms. Price had to recuse herself because her husband is a CVS employee. Ms. Calimlim from CVS brought several color samples for the signs for the Board to review. She also said that CVS is changing the vinyl window coverings back to the original condition of beige to match the existing mullions. Goose neck lamps are also being proposed to go along the fascia boards.  The fascia board sign can be a maximum of 30 feet.

Ms. Calimlim showed the Board some picture of other stores in Sharon that use their corporate colors in their logo, like Rite Aid (ShawÕs Plaza), in trying to show that corporate colors have been allowed and she would like to use the CVS red. She also pointed out businesses that use cabinet type lights like Mandarin Taste.

 

Mr. Hauser said he is okay with the color red as long as it is reasonably compliant. He said he appreciated the effort Ms. Calimlim made to review the zoning. He said he is concerned that a painted sign will peel. Ms. Bingham said she appreciated the effort as well. She prefers to stick with vinyl for the sign. She agrees that a larger sign looks better facing Main Street.

 

Both Mr. Pannone and Mr. Milowe said they were okay with using the CVS color red and agreed that a larger sign on South Main Street was appropriate as well.

 

The majority of the Board also agreed that there could be three CVS signs for the building where now there are only two. The awning color will match the chosen red and there will be no signage on it.

 

Mr. Milowe moved to accept the proposal for CVS signage at 66A South Main Street to allow three signs: a 30 foot sign on the front of the building and two 15 feet signs; one on each side off the building. They also agreed to goose neck lighting, window graphics in beige and red plexi laminate signs. Ms. Bingham seconded the motion and the Board voted 4-0-0 in favor.

 

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. She asked if the applicant wanted to present any additional information before the Board discussed the topic.

 

Mr. Paul Brodmerkle, of Site Design Professionals, engineer for Dr. Chavez as pertains to the Definitive Subdivision Plan entitled ÒStoneholm EstatesÓ in Sharon, MA dated July 1, 2011, said the Board was going to determine if the applicant should move ahead with the subdivision or pursue an ANR plan.

 

Mr. Hauser said that for the record, he looked at the DVD of the 9/14/11 hearing so he is up to date on the Stoneholm Estates Public Hearing.

 

Ms. Bingham questioned why the home listing shows the property as 130,680 square feet when, according to Mr. Brodmerkle, the lot is four acres. Mr. Brodmerkle said he does not know where that measurement came from. A brief discussion ensued. Ms. Bingham then asked Dr. Chavez about this and he replied that three acres will remain after the subdivision (removing two 20,000 square foot lots) is approved. The listing will be changed if the subdivision is not approved.

 

Mr. Len Simons of Crest Road asked if the Board approves the subdivision what can be done to restrict additional building.

 

Ms. Price said it could be written into the decision if the applicant agreed to not build on the remainder of the property.

 

Ms. Bingham asked what can be done to make sure the new owner will agree to only one one-acre ANR lot.

 

Dr. Chavez said he wants to leave a legacy to the Town by not touching the corner of East and Ames.

 

Mr. OÕCain said that the Board would have restriction rights on the property.

 

Mr. Hauser said that he is not concerned with the three acres; that can be a discussion with the buyer. The issue is whether the Board prefers an ANR or subdivision.

 

Ms. Bingham said she feels that the Board was explicitly told by Dr. Chavez in the October 2010 meeting that he was only asking for a two lot subdivision on the rear of his property.

 

Ms. Price and Ms. Bingham both said that they watched the DVD recording of the October 2010 meeting.  Ms. Price read an excerpt from the minutes of 10/20/10 and described what she saw in the DVD recording; that at one point Dr. Chavez said he would restrict development along Ames but at another point he said Ames and East.  She acknowledged that he may have meant only the corner, but noted that it was clear that everyone present thought he meant the remainder of the property where the historic house is because he kept saying he wanted to trade development from the front to the rear of the property and that he wanted to protect the area surrounding the historic home.

 

Ms. Bingham said she thought there was going to be full protection for the front/side of the 188 Ames property. She is also concerned that they are asking for 15 waivers. She said she does not want to be bewitched by the historical interest of the property. She said the concern should be the public interest. She said now an ANR is on the table.  Ms. Price noted that an ANR has not been filed.

 

Mr. Hauser said that the October 2010 meeting is irrelevant. We have the opportunity to influence this parcel. We need to address what is being proposed now.

 

Ms. Price said after the last meeting, she posed a question to the Town Attorney as to whether a compliance plan can have a waiver because waivers go against what a compliance plan is. The Town Attorney said that the Planning Board has the ability to grant waivers as long as they find that it is in the public interest and consistent with the law and noted that the BoardÕs policy statement in 5.1 of the Subdivision Regulations is  a policy and not a rule and is not binding. 

 

Ms. Bingham said that we did not get a compliance plan and a waiver plan; we got two plans with waivers.

 

Peter OÕCain said a compliance plan has at least one and potentially two waivers; the other waivers are things that can be completed. It is not uncommon that things are added to the plan after the review.

 

Doreen Kriegel of 15 Knife Shop Lane asked how many houses can potentially be built on the subdivision.  Mr. Brodmerkle said two homes in the rear and one more on the additional lot. Mrs. Kriegel then asked what the thought process is behind granting waivers. Ms. Price said most waivers have to do with reducing street size, unnecessary street lights, roads versus driveways, etc. since the road would only be serving two houses.

 

Andy Kriegel of 15 Knife Shop Lane said the two homes proposed to be built, affect him personally. He said if he cannot see the house on 188 Ames then what is the legacy that is being protected.

 

Michael Guardabascio of 194 East Street said he wants a win-win-win situation for the Town, neighbors and Dr. Chavez. He wants the public interest represented in the vote.

 

Teri Schnitt of 8 Knife Shop Lane said she does not understand why 15 waivers are needed.

 

Toni Jo Guardabascio asked if any information was compiled about school bus traffic and if the Conservation Commission was spoken to.

 

Ms. Price said at the last meeting we ran out of time to determine if we were requiring additional surveys.

 

Mr. OÕCain said he doesnÕt suspect the applicant would hire anyone without a decision.

 

Mr. Brodmerkle said that Mr. Meister will go out to the property if the applicant hires a botanist. They are not hiring anyone without receiving the BoardÕs decision.

 

David Gordon of East Street thinks the proposed street is less than 200 feet from Abbott Road which is a complicated street. It is difficult getting out on East Street. He suggested not creating a new roadway.

Doreen Kriegel of Knife Shop Lane said there are no sidewalks on East Street and this would be an issue with kids living in a cul-de-sac.

 

Michael Guardabascio of 194 East Street said it is not uncommon in a subdivision for a peer review to take place especially when it is highly contested.

 

Ms. Bingham said she was unsure if the Public Hearing should be closed.

 

Mr. OÕCain said that Town Counsel said to keep the meeting open as long as we need to gather information that can be appealed.

 

Mr. Brodmerkle said it is common to close the hearing. It is common to accept information from the applicant's engineer. He expressed he would like the Board to determine if it will be an ANR or subdivision.

 

Glen Simons of Crest Road said he wants the meeting to remain open.

 

Ms. Price said that even if the hearing is closed, all meetings are public and the Board usually will let the public speak. She polled the Board members on their opinions.

 

Ms. Bingham said she is leaning toward disapproving the subdivision.

 

Ms. Price said she is leaning toward disapproving the subdivision. She said that she walked around the property since the last meeting.  She said she is unsure if she wants to set a precedent of approving a waiver on the compliance plan.  She noted that in the Planning BoardÕs unofficial manual that it says not to approve a waiver unless the subdivision plan can first be shown to comply.  She said she didnÕt see the public purpose served in agreeing to the compliance plan since she thinks that there are other ways to build in the back of the property that could comply with the zoning requirements.  She noted that the Òflag lotÓ provisions in the zoning, for a lot with reduced frontage which is located behind another lot, requires larger side and rear setbacks and an oversized lot so as to protect the neighboring homes.  She said the two lot subdivision seemed to be using the subdivision rather than an ANR so as to skirt around the flag lot provision in the zoning.  She said most of the waivers being asked for in her opinion are not an issue; some could be complied with such as wetlands surveys and the ones for the width of the pavement and street lights, etc. would be excessive for serving two lots.  She said the rear portion of the property could comply with the requirements if it used the frontage from East Street, and also noted that there may be a solution to access for the area in the rear by changing the lot lines of the other lot on East that Dr. Chavez owns. 

 

Mr. Hauser said the waivers being asked for are relatively trivial and reasonable. He is inclined to keep the meeting open. He is not clear which way is better or worse; ANR or subdivision He is unsure which is more advantageous. He is inclined to keep the decision open to understand the pros/cons. A reason to be in favor of a subdivision for example is that it would give the Town more control over the development and have fewer potential units.

 

Ms. Price remarked that the concerned land owners surrounding the rear parcel could offer to buy the land from Dr. Chavez to protect their interests.  Mr. Brodmerkle said that he generally hasnÕt seen neighbors purchase a property to protect their properties.  Mr. Hauser said that it has happened at Town Meeting.  Ms. Price noted that the Glendale neighbors contributed towards the purchase of the property they wanted to protect.

 

Mr. Milowe said if we close the Public Hearing, it cannot be reopened.

 

Ms. Price said at some point we will run into a timeframe where the decision automatically occurs.

 

Mr. Brodmerkle said the statutory clock is 135 days from July 6th.

 

Mr. Pannone said he is not quite sure whether the ANR or waiver plan will have the lesser effect. He said the water flow is affected either way as are the views. He said the entire thought process was to preserve the front property with the house. He said he is not hearing that the property in front of the house is of concern to the neighbors. He said he would like to give the applicant some direction. He said he does not see a third option; itÕs either an ANR or cul-de-sac with an additional lot.  He indicated that he would be more inclined to vote to approve the two lot subdivision if the remainder of the property was restricted from further subdivision (i.e., no potential ANR lot).

 

Mr. Milowe said he agrees with Mr. Pannone now that the third lot has been added to the discussion. He said if this is continued to October 18th, it would give the applicant more time to consider what the Board has said and perhaps for the Board members to walk around the property.

 

Ms. Bingham said if the meeting is kept open she wants to give the applicant direction to survey for wetlands.

 

Mr. OÕCain said the problem with the ANR process is that unless a restriction is written in on the sale of the house, a new owner could build what they want.

 

Ms. Price said she does not want to require the applicant to spend money on additional surveys if it is not likely to be approved.

 

Dr. Chavez, after conferring with Mr. Brodmerkle, asked if everything was checked out and the trees identified and the wetlands reviewed whether the subdivision will still be denied. He said it is unfair to ask for ancillary items. He wants direction before spending money.

Ms. Price said that the applicant knows how three of the members feel at this time from the discussion.  Mr. Pannone, Ms. Price and Ms. Bingham suggested not spending money.

 

Mr. Pannone said he wants to know what the public interest is in this subdivision.

 

The hearing was not closed. The next available discussion time is on October 18th.

 

Next Meeting Dates

October 6th, October 18th (David is unavailable), November 2nd. 

November 14th is Town Meeting.

 

Other

Mr. OÕCain reported that Bella Estates was not sold as had been rumored. The lots will be developed by the person who owns the property, which apparently is not Intoccia. They finished the finger drains and will remove the dirt pile shortly. Several houses are under construction and 10 are completed. He said progress is being made.

 

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. Various CVS pictures of the sign and window refresh opportunity.

 

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