Town of Sharon Planning Board

Meeting Minutes of 10/06/11

Amended and Approved 10/18/11

Sharon Town Hall

Filmed by SCTV

Planning Board Attendees

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

Attendees

Neal Fineman 15 Huckleberry Lane	Adam Goldman 57 S. Pleasant Street
Xin L 19 Huckleberry Lane	Thelma Neuberger Hirsch 66 Ames Street
Howie and Beth Green 11 Huckleberry Lane	Arnold Cohen Tall Tree Lane
Dave Wluka	Sherry Clancy, National Development

Chair Report

Chair Susan Price called the meeting to order at 7:30 PM. She explained that for each Public Hearing, the Clerk will read the notice, the proponent will make a presentation and then the members can discuss and comment. After comment by the Board, then public comments will be recognized.

Public Hearings

Assisted Living - Article 3

Ms. Bingham moved to open the Public Hearing. Mr. Pannone seconded the motion. The Board voted 5-0-0 to open the hearing. Clerk Pannone read the legal ad.  Ms. Price said the Planning Board is not the sponsor of this article. Since the representative has changed based on ownership, the language needed to be changed. Mr. Pannone read the changed article.

Sherry Clancy of National Development said that they work with Epoch Nursing Home as a joint venture and would like to create an assisted living project together. Mrs. Barton, who owns the land, is the proponent of the article. National Development has created 21 assisted living projects. Epoch has formed Bridges, which is the name of the project. It would be developed to care for the needs of those with dementia or memory issues. The residents will need personal care for daily living assistance. Town Counsel determined that this was different from the nursing home definition so they said a new definition for this type of facility is needed. Nursing homes are currently permitted by special permit in all residential zones. This proposed language change would affect all residential districts. The project is for a single story 48 unit facility. All rooms have their own bed and bath. There are common areas for cooking. It is not an apartment or regular nursing home model. People are living longer, but need this type of care as they cannot be home alone.  Ms. Clancy said there is a definite need for this. There is a benefit to the Town for this program and a fiscal benefit as jobs will be created. As none of the residents are able to drive, there will be no real need for Town services. Approximately three house lots are needed and the project will cost $6-7 million. She said she verified with DHCD that this does not count toward 40B inventories because it is not an apartment type of housing.

Ms. Bingham asked for renderings of the site.  Mr. O’Cain commented that we are reviewing a zoning article and they may or may not submit this project.

Ms. Clancy said that if this definition is allowed in zoning, all projects would have to go through the ZBA review.

Mr. O’Cain said that Chapter 19D is important to this project. Ms. Clancy said that if someone wanted to set up a nursing home on their own, they would have to work with DHCD to meet basic parameters. There is Massachusetts General Law governing this, and he said you “cannot set up a home”.

Mr. Hauser said he wants to understand any unintended consequences that would arrive from zoning. He wants to understand the boundary if this is going to be approved for use all over Town.

Ms. Bingham said the unintended consequences of this proposed change are significant and inadequately explained. Specifically its potential applicability to the pending Sacred Heart and Brickstone projects should be explored.

Ms. Clancy said there would be outdoor gardens, lawn activities for the resident and it would reside on approximately 5 acres of land.

Adam Goldman of 57 South Pleasant Street said he is the Administrator of EPOCH. He said the Office of Elder Affairs certifies assisted living facilities. There are 200 pages of rules that cover housekeeping, maintenance, safety, fire regulations, generators, staffing, etc.

Peter O’Cain said that there is a special permit process delineated. The ZBA will not grant permits for what is not appropriate. He said we need to better understand Chapter 19D.

Ms. Clancy said that Bridges will be a stand alone facility, not connected to EPOCH. It is a new entity but a joint venture.

Dave Wluka of 64 Massapoag said he thinks this is a valid use to have in Town and supports the project.

Howie Green of 11 Huckleberry Lane asked how big the Barton land is.  Ms. Clancy replied that it is 5-6 acres.

Beth Green of 11 Huckleberry Lane said they are direct abutters but were not notified. Mr. O’Cain said that abutters would be notified by the ZBA when the project application is received and a public hearing date has been set.

Ms. Clancy said there is a need to add a definition to the regulations which does not currently exist. You cannot do spot zoning. Changes have to be made to all zones. All zones allow nursing homes currently.

Howie Green of 11 Huckleberry asked if he can build a nursing home on Aspen, Ames etc. Ms. Price responded yes, if it had a large enough lot and obtained a special permit.

Ms. Bingham moved to close the Public Hearing. Mr. Milowe seconded the motion. The Board voted 5-0-0 to close the Public Hearing.

Mr. Hauser said that a 2/3 vote is needed to pass the zoning article at Town Meeting. He said there are a few unanswered questions and there are the 19D regulations. He suggested that Ms. Clancy help the public to understand by not having unknowns. He said to be clear on what it takes for someone to open a home and whether anyone can do it. He said if there is uncertainty at Town Meeting, a large group of voters are inclined to vote no.

Ms. Price said she thinks this is a move to a more modern type of facility than was provided for in the zoning bylaws. To her, it is a similar use as a nursing home.

Mr. Pannone agreed that it is nursing home like. It seems to meet all types of services.

Mr. O’Cain said that Title V will restrict use.

Mr. Milowe said that this is a logical extension of a nursing home and the specific article details for 19D should be available.

Ms. Price stated that an association with Brickstone will come up and suggested Ms. Clancy prepare for that.

Mr. Pannone moved to recommend to Town Meeting the approval of the proposed Amendment to the Zoning Bylaws to add a new subsection (5) for section 2315 to allow assisted living facilities by special permit in the General Residence, Single Residence, Suburban, Rural and Housing Authority Districts.; and to add a new definition of assisted living facilities to Article V definitions, Assisted Living. Mr. Milowe seconded the motion. The Board voted 3-1 (Bingham)-1(Hauser) in favor.  This is Article 3.

Scenic Road Regulation - Article 9

Mr. Milowe moved to open the Public Hearing for the Scenic Road Regulations and the Scenic Road Fine Article #9. Mr. Pannone seconded the motion and the Board voted 5-0-0 in favor of opening the hearing. Clerk Pannone read the legal notice.

Ms. Price said that there were a few scenic roads that were not listed in the regulation and this will be an additional revision. Billings, East and Edgehill were missing and Morse was listed twice. A clarification of the list will be made.

Ms. Bingham provided a history of the issue. Most important about the regulatory change she said is that it helped to clarify the authority of the Tree Warden. A lot of roads are designated as scenic. The Planning Board can collect a penalty for disruption of trees. It also made destruction of a stone wall more restrictive.

Ms. Bingham explained that the second part of the hearing relates to fines and said other Towns have similar fines.

Ms. Bingham moved to close the Public Hearing on Scenic Road Regulations and the Fine article. Mr. Milowe seconded the motion. The Board voted 5-0-0 in favor.

Ms. Bingham moved to adopt the changes to the Planning Board’s Scenic Roads Regulations. Mr. Milowe seconded the motion and the Board voted 5-0-0 in favor of the revisions to the Scenic Road Regulations.

Ms. Bingham moved to recommend approval of the $300 fine in Article 9 to Town Meeting. Mr. Milowe seconded the motion and the Board voted 5-0-0 in favor of Article 9.

Post Office Square Uses, Site Plan Approval and Definitions - Article 5

Mr. Milowe moved to open the Public Hearing on this Article and Mr. Pannone seconded the motion. The Board voted 5-0-0 in favor. Clerk Pannone read the Article.

Ms. Price said that at last Fall Town Meeting, there was one article related to Post Office Square Zoning that narrowly missed the super 2/3 majority. The Finance Committee suggested that the article be broken down so that it would give everyone a better understanding of the topics individually. These articles all stemmed from a 2 year Economic Development Planning Study of Post Office Square. One recommendation was to update zoning. Most zoning revisions have to do with Business District A. There is no rezoning or development project involved. The goal is to have updated zoning. Today, the zoning encourages strip shopping centers. This article will help to clarify and add definition. 

Each Board member was provided with a comparison chart of the regulations, what currently exists and the proposed regulations.

Ms. Price said that this article would increase the Town control over development in Post Office Square, add additional standards for review, incorporate PO Square design guidelines, discourage blank walls, encourage windows, discourage one and two-family homes in Post Office Square, disallow additional drive thrus, clarify unclear regulations. If this is not approved, projects up to 60,000 square feet would not need to have special permit review, there could be additional drive thrus and it could encourage 40D or MUOD development.

Mr. Hauser says he believes the majority of the proposal is more constraining than current zoning. He complimented Ms. Price on her summary chart.

Ms. Bingham said thanks to Ms. Price for clarifying the changes.

Mr. Milowe said Ms. Price did a great job organizing.

Ms. Bingham moved to close the Public Hearing and Mr. Milowe seconded the motion. The Board voted 5-0-0 to close the Public Hearing.

Ms. Bingham moved to recommend approval to Town Meeting of Article 5, Post Office Square Uses, Site Plan Approval and Definitions.  Mr. Milowe seconded the motion and the Board voted 5-0-0 in favor of recommending approval of Article 5.

Post Office Square Dimensional Standards - Article 6

Mr. Milowe moved to open the Public Hearing. Mr. Pannone seconded the motion. The Board voted 5-0-0 in favor of opening the hearing. Clerk Pannone read the legal ad for the article.

Ms. Price said the purpose of this change is to allow for more flexibility and encourage development that is not strip style. She envisions it to be more pedestrian friendly, with parking in the rear of the buildings, and consistent with Post Office Square design guidelines. The goal is to move the buildings closer to the street. Some existing Post Office Square buildings are consistent with this article.

Language was added so the Planning Board or Zoning Board of Appeals as the reviewing authority can increase the front yard setbacks. If the buildings were redeveloped they could move forward to be closer to the sidewalk. If the article is not approved, setbacks remain uncertain, new development will continue as strip style and parking will face on the street.

Ms. Bingham talked about the current state of septic systems at the DeLapa properties and Town Hall. She said the problem with the article is allowance of lot coverage and density. She thinks this article is putting the cart before the horse. She said that because the well is downhill, the Town needs to take the septic issue seriously. Allowing greater density and lot coverage will cut off chances for the water supply.

Ms. Price said that the main change for coverage is that mixed uses goes from 50% to 60%.

Mr. Hauser said that each person needs to make their own decision. Since last year, the Planning Board did a survey as to whether the owners would be interested in building a central treatment plant, and asked how much land would be needed and what type of technology should be used. The cost would be $6-8 million.  The Board received 25 responses from the survey; 2/3 said they were not interested and 1/3 said they would be interested in a shared system but do not want to pay for it. Mr. Hauser said he is of the opinion that risk is understood.

Ms. Bingham in reviewing the septic system map prepared by Mr. O’Cain said that based on the age of the systems she thinks there is massive noncompliance and allowing for greater density is wrong.

Mr. O’Cain said that the article’s proposed changes will address Ms. Bingham’s concerns. He said that Title V requires setbacks for the septic to the property line and the structure.  Also, the more units, the larger the septic field.  Therefore, lot coverage and unit numbers are limited by Title V.   Also, Article 7 requires new septic systems for any new structure; therefore, old systems will be updated when new structures are built.

Mr. Pannone said he does not see the article working against the waste water issue.  He sees it working together. He thinks this will allow us to get to the aesthetics of Post Office Square. You will have to address waste water issues regardless and it will get us closer to the town center that is pleasing.

Mr. Milowe said that this article provides a better definition.

Thelma Neuberger Hirsch of 68 Ames Street and member of the Economic Development Committee said she read through the article and said it makes sense. There are possibilities to make things happen. She said she wants to encourage it and supports the majority opinion.

Mr. Milowe moved to close the Public Hearing on the Post Office Square Dimensional Standard. Mr. Pannone seconded the motion. The Board voted 5-0-0 to close the hearing.

Mr. Pannone moved to recommend to Town Meeting, Article 6, as relates to the Post Office Square Dimensional Standards. Mr. Milowe seconded the motion. The Board voted 4-1 (Bingham) -0 in favor of recommending approval of this article.

Post Office Square Off Street Parking and Loading - Article 7

Mr. Milowe moved to open the Public Hearing and Mr. Pannone seconded the motion. The Board voted 5-0-0 in favor of opening the hearing. Mr. Pannone read the legal ad for this article.

Ms. Price said that this article came out of the consultants’ planning study and would modernize off-street parking and loading standards. She said the current standards are unrealistic and discourage building. The article will reduce off-street parking and loading requirements in Business District A.  If this is not approved, new development and uses will be discouraged. The current regulations are unrealistic for a small town center. If approved, there will be no loss of existing parking.

Mr. Pannone said he thinks parking could be shared between different properties.

Mr. O’Cain said that Land Strategies did a parking utilization survey and 60% was the maximum amount of parking used in Post Office Square.

Mr. Milowe said he agrees with Mr. Pannone that we need more beautification of town center.

Ms. Bingham said she does not like the underground parking notion provision. She thinks there needs to be a narrative standard so every developer can contribute to the notion of walkable and friendly.   She also questioned the existing standard of a minimum of one parking space per residence.

Ms. Price said that the standard of one parking space per dwelling unit is the existing standard, which is just a minimum. The consultant recommended the multi-level parking, which would be limited to two levels, and which also exists in the MUOD.  She later noted that there is a separate parking standard for multi-family residences which is based on the number of bedrooms.

Mr. O’Cain said it should be noted that a lot of cities are banning or restricting town center parking.

Mr. Pannone said in his experience with underground parking garage, you reduce the footprint to stack cars up. You gain public space and landscaping. Still it is completely unlikely in Sharon.

Mr. Bingham said a tiered parking garage in Sharon is not how she perceives a hopeful future.

A discussion ensued amongst the Board members.

Mr. Milowe moved to close the Public Hearing for Post Office Square Off Street Parking and Loading. Mr. Pannone seconded the motion. The Board voted 5-0-0 in favor of closing the Public Hearing.

Mr. Milowe moved to recommend to Town Meeting the approval of Article 7. Mr. Pannone seconded the motion and the Board voted 4-0-1 (Bingham) to recommend this article.

Post Office Square Affordable Housing - Article 8

Mr. Milowe moved to open the Public Hearing for Affordable Housing. Ms. Bingham seconded the motion. The Board voted 5-0-0 in favor of opening the meeting. Clerk Pannone read the legal ad for this article.

Ms. Price said that this article will add a new section for Business District A, to require affordable housing in a development with 8 or more apartments, a minimum of 12.5% shall be affordable. It is consistent with the goals of Sharon Housing Production Plan that was approved in December 2010 by the State. It is insurance against 40B back sliding. It is consistent with the Smart Growth Policy.

Mr. Hauser said it is well written and the content addresses what we need to do. It is an insurance policy so we do not back slide. That would increase our liability. It is not compliant today. We need 42 units as of current infrastructure in Town. It is a good regulation to put in place.

Mr. Pannone said he thinks this language should be the same across the Town.

Ms. Price said the Board has looked at putting in Inclusionary Housing requirements Town-wide but that there didn’t seem to be that many properties that were likely to be developed with 8 or more units.   Still, the Board has the draft article to have an Inclusionary Housing requirement throughout the Town and the Board could pursue that at a future Town Meeting.

Mr. Pannone noted that with assembling of properties and changes of use or large properties, there could be larger housing developments in Town for which this would work.

Mr. Milowe said he is comfortable with it and it is well written.

Ms. Bingham thinks the affordable should be 20%.

Mr. O’Cain said 20% is allowable by 40B requirements.

Mr. Hauser said in his estimation there is an element of assumption; is it a production plan or do we want to encourage a developer or is it insurance. It is a tough argument to say a developer needs to contribute to a housing plan.

A discussion amongst the Board ensued regarding on site versus off site building.

Mr. Hauser said the Board needs to talk to Town Counsel to determine if a builder builds to this spec do we get approval for units under our 40B count as an apartment complex. He said we ultimately want 40B apartments in Post Office Square to help the Town achieve its 10% Affordable Housing requirement.

Arnold Cohen of 6 Tall Tree Road asked as this applies to Post Office Square and in Post Office Square MUOD, how many units can be built under zoning as of right.

Ms. Price said District A allows a maximum of 16 one-bedroom units per acre. The MUOD says a minimum 20 units per acre. No affordable units are required under the current zoning but the MUOD requires 20%.

Mr. Hauser said this was drafted by a consultant specialist in 40B.

Ms. Bingham asked if it is legal to compel a developer to sell certain units. It sounds like if we say 20% that is a compulsory 40B.

Mr. O’Cain said this is not by right, this is special permit.

A discussion occurred about extending this article to the entire Town because of land like Ward’s Berry Farm.

Mr. Hauser moved to close the Public Hearing. Mr. Pannone seconded the motion and the Board voted 5-0-0 in favor of closing the hearing. More discussion will continue on 10/18.

Lot Shape – Article 12

Ms. Bingham moved to open the Public Hearing on Lot Shape. Mr. Milowe seconded the motion and the Board voted 5-0-0 in favor of opening the Public Hearing.

Mr. Pannone read the legal ad.  Ms. Price said that since the legal ad, the language has changed. The word change is from “lower” to “greater” rather than the previous language change in the legal ad. This will allow more restriction in all districts because in years since this section was added to the zoning bylaws, some subdivisions and ANR plans have skirted around the intent of the language.

Ms. Bingham moved to close the Public Hearing and Mr. Milowe seconded the motion. The Board voted 5-0-0 to close the hearing.

Ms. Bingham voted to recommend approval of Article 12, Lot Shape to Town Meeting. Mr. Pannone seconded the motion and the Board voted 5-0-0 to recommend Article 12 to Town Meeting.

Meeting Minutes

Approval of the 9/28/11 minutes was deferred to the next meeting.

ANR Plans/Signs

Mr. O’Cain presented an ANR plan for Moose Hill Street which is to redivide two lots.  The Board decided to hold off making a decision in order to look at the stone walls on the property first.

Chair Report

Ms. Price read the Chair’s report, including a letter from a realtor interested in abandoned approved projects and buildings.

Public Hearing Stoneholm Estates

The hearing will continue on October 18^th.

Next Meeting Dates

October 18^th (Milowe is unavailable), November 2^nd.  November 14^th is Town Meeting.

Adjournment

Mr. Milowe moved to adjourn the meeting and Ms. Bingham seconded the motion. The Board voted 5-0-0 in favor of closing the meeting at 10:45 PM.

Attachments

1. Public Hearing notices as appeared in the Sharon Advocate of September 16, 2011.

2. Post Office Square Major Zoning Revisions Chart for 9/16/11.

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.