Town of Sharon Planning Board

Meeting Minutes of 1/4/12

Amended and Approved on 1/18/12

Sharon Community Center

Filmed by SCTV

 

Planning Board Attendees

Susan Price, Chair

Anne Bingham

Eli Hauser, Vice Chair - arrived at 7:45 PM

Pat Pannone, Clerk

David Milowe

Peter O’Cain, Town Engineer

 

Attendees

James Spoto, 61 Lantern Lane

Steve Vazza, 155-157 N. Main Street

Alice Cheyer

Bob Pace 155-157 N. Main Street

Robin Estrin, 66 Cheryl Drive

Sheila Griffin 18 Huntington Avenue

Jim Hanlon, 57 Lantern Lane

Dan Huse, 54 Huntington Avenue

Bob Shelmerdine

Scott Hickey, 155-157 N. Main Street

Israel Yaer

Rob Rubin

 

Chair Report

Ms. Price called the meeting to order at 7:30 PM.

 

Ms. Price and Ms. Bingham will attend the Board of Selectmen’s 2/7/12 meeting to discuss the Telecommunications Facilities Bylaw.

 

Foxboro Casino

The Board discussed the proposed casino in Foxboro. Ms. Bingham said that Foxboro is making their position clear that they are not interested. Walpole is also taking a position and the MAPC guidance said that surrounding towns should show interest. She asked whether the Planning Board should weigh in with an official position. It was asked if the Board of Selectmen discussed this yet and it was determined they had not. Ms. Price spoke to the Foxboro Planner regarding the building height and other articles related to the casino project which the Foxboro Planning Board had voted against recommending, and the commuter rail study. She had said she would respond to Ms. Price after the holidays. Ms. Price noted that the Wrentham Selectmen voted 4-0-1 against the gambling complex.

 

Adult Entertainment Uses Zoning Bylaw

Ms. Price prepared the Adult Entertainment Uses Zoning Bylaw draft for the Board to review (attachment). It is a way to control adult uses. She said you cannot prohibit adult uses from the entire town because it becomes a freedom of speech issue. You either need to create an overlay district or allow them as a special permit use in a particular district. She said it can be a special permit use in the Light Industrial District with a minimum distance requirement between adult uses and other sensitive uses like schools, churches and parks. You need to make sure that there is at least one property where adult uses can be located.  Mr. O’Cain provided a map (attachment) to show the areas where it could be located using those distance requirements.

 

The task for the Board is to review the proposed language and compare it to bylaws of other towns which were provided as handouts by Mr. O’Cain. Ms. Price said we need to create a bylaw to state where adult uses can and cannot be located. Ms. Price said the Board could either present this at the Spring or Fall Town Meeting. Mr. O’Cain said he will ask Ms. Thaler for a placeholder for the Spring Town Meeting.

 

ANR Mt. Fern

The applicant will attend a future Planning Board Meeting. Mr. O’Cain said that Mt. Fern is a private way. Mr. O’Cain researched and found there was no order of taking for this property. He said the question is how this road became a scenic roadway. A determination needs to be made if the road has adequate width.

 

Attorney Lisa Whelan provided an opinion letter dated December 28th, 2011 regarding Mont Fern Avenue (attachment).

 

Signs

None

 

Bella Estates

Mr. O’Cain said he invited Bella representatives because it is important to discuss what is going on at the site. Some lots have been issued certificates of occupancy but abutter mitigation issues have not all been resolved.  He noted that landscaping cannot be done in the winter.

 

Ms. Bingham said she is surprised that we are dealing with a new entity and wants an understanding of who owns the property.

 

Mr. Scott Hickey said he is the Treasurer, representing 155-157 N. Main Street, who bought the property from Middlesex Bank in 2009. He pre-sold lots to Mr. Intoccia after he made a pre-sale. 155-157 N. Main Street currently holds 8 of the 29 lots.

As stipulated by Mr. Hickey the "officer" of 155-157 North Main Street, Mr. Intoccia was the agent of record (the legal representative) for 155-157 Main Street from 2009 (the take over from Mirrione) until September 2010. 

Mr. Hickey after being asked three times said that neither he nor 155-157 North Main Street and/or 1921 Financial (the name of the financial entity that funded 155-157) had a banking relationship with the company RBC that Mr. Milowe works for.

Mr. Shelmerdine said that Mr. Intoccia negotiated the acquisition of the development. He obtained a private investor (155-157 N. Main Street) to sign the purchase and sales agreement in order to acquire the development. Instead of the original 52 lot proposal, Mr. Intoccia came back to get a special permit to amend the project to what it is today. 155 -157 N. Main Street has a financing arrangement as a financier. Mr. Intoccia did not have the legal title.

Ms. Bingham says she feels deceived.

 

Mr. Hickey said that there is a fund that invests in 155-157 N. Main Street.

 

Mr. Shelmerdine says he apologized to the Board for material non disclosure. Mr. Intoccia had an arrangement to buy the lots when he found a buyer.

 

Mr. O’Cain said that the DPW, the Conservation Commission and the Building Inspector put together requirements and tasks on site that arose out of the order from the Conservation Commission regarding erosion control issues. Some dates have been missed.  Mr. O’Cain said that the bottom line is the developer wants building permits and certificates of occupancy for lots, but the issues need to be aired out.

 

Mr.  Pace said that permits are needed for lots 4, 14, 17, 24 and 29. Permits were issued for lots 13, 25, 26 and 27.

 

Mr. O’Cain said the issue by the decision is that he cannot allow homes to proceed to be built as six months have elapsed since the building permits were issued.  Nothing can move on until the abutter mitigation is done and some cannot be done because it is wintertime, like trees and fences. Mr. O’Cain said he is asking the Board for guidance.

 

Ms. Bingham said she thinks there are infrastructure issues like the dirt and the emergency exit off of Cheryl Drive.

 

Mr. O’Cain said that he thinks the MOU needs to be followed.

 

Mr. Shelmerdine said that Scott Hickey of 155 and 157 N. Main Street and Mr. Pace, the General Contractor have stepped in to take over.

 

Mr. Robert Pace said in September of 2011, he introduced himself to Peter O’Cain and the Building Inspector to indicate that they would be taking over 8 lots. Lots 16, 17, 18, 19, 20, 21, 22 and 29 are waiting for building permits. He said that there was sloughing on the Huntington side. Areas have been hydro seeded. The pile of dirt which equated to 40 dump trucks of material, cost $50,000 to be removed. The catch basin was cleaned and the level spreader is starting tomorrow. The wall bollards will be installed by 5/15. He said they have not worked on the abutter agreements as those are in Mr. Shelmerdine’s court. He wants the development to be built out in the next 6-8 months.

 

Lots 16, 17, 18, 19, 20, 21, 22 and 29 are not sold to Intoccia, they are still owned by 155-157 N. Main Street (8 lots).

 

 Lots,2,3,5,6,7,8,10, 2, 3,5,6,7,8,10, 11 and 12 were sold to end buyers by Intoccia (9 lots).

 

Lots 4, 9,1, 1 3, 23,24,25,26,27, 24,25,26,27 are still owned by Intoccia (8 lots).

 

Lot 15 is owned by Mr. Welch and Lot 28 is owned by the original owner.

 

Lots 1 and  14and 14 wereas sold to another entity

 

Ms. Bingham questioned if a homeowners association has been formed based on the 11 homes that have been sold.

 

Mr. Shelmerdine said that 11 lots have sold. It is not untypical until the development is completed that the developer maintains the structures. There are 29 lots, 11 sold by Intoccia, 3 by Mirrione previously. There is a point when the homeowners take over. It is the CSD Bylaw which requires the Homeowners Association.

 

Mr. Shelmerdine said there is not a request by Mr. Intoccia for certificates of occupancy. We are here to decide what still needs to occur and what dates have not been met. Nobody is pushing other than for the 4 presales that 155-157 N. Main Street needs to own.

 

The Town still has a $428,000 bond. There is adequate security. Mr. Pace said he will do what he has to do on the site.

 

Mr. O’Cain said the road needs to be swept and the level spreader installed. The loom in the front yards is riddled with rocks but that is not part of the discussion. He also said the abutter mitigation measures are not done.

 

Mr. Hauser asked what is happening with the club house. Mr. O’Cain said they are at 29 homes, so no homes can be added at the clubhouse.

 

Mr. Milowe said that money should be placed in a separate account for abutter mitigation measures.

 

Mr. Shelmerdine said he wants to put the abutter mitigation in context. Abutter mitigation is outside landscape buffers. For the most part, mitigation on the right side has been accomplished but not on the left. The abutter mitigation must be completed before the COA is issued. On the right side, houses are built out so time was spent with Huntington residents. On the left side homes may not be built. Lots 16, 17, 18, 19 and 20 have no abutters so the COO can be issued stated Mr. Shelmerdine.

 

Mr. O’Cain said that as per Article 15, it has been over six months and there are 4 lots that need mitigation.

 

Sheila Griffin of 18 Huntington Avenue said that nothing has been done on her property. She wanted the historical stone wall rebuilt and a fence put up as well as plantings. Her property is adjacent to a home that was left by Mr. Mirrione.

 

Mr. Shelmerdine said she is correct and that they have an agreement dated 11/20/09 signed by Michael Intoccia as agent for 155-157 N. Main Street.

Mr. Pace asked for 30 days to work on abutter agreements.  He said landscaping and fences cannot be installed until later in the Spring.

 

Mr. Pannone said he thinks it is great that the project is moving along. He is in agreement with Mr. Milowe that it is a good idea to put money aside for abutter mitigation.

 

Mr. Pace said he did not realize the mitigation was such a controversial issue.

Dan Huse of 54 Huntington Avenue has an agreement dated November 20, 2009 with 155-157 N. Main Street. He has erosion problems, asked that the landscaping plan be installed and is questioning when the plantings will be completed.

 

Jim Hanlon, of 57 Lantern Lane, said Ina Kornetsky sold her house to him and has mitigation issues as well. He said if the abutter mitigation is not in the bond then he wants money put aside.

 

Mr. Israel Yaar of 53 Lantern Lane asked who he should be dealing with now and was told Mr. Hickey.

 

Mr. Shelmerdine said a lot of time has been spent discussing the Homeowners Association package with those that purchased homes. Each of the 11 buyers knows it’s an exception to the purchase process. All parties who bought in Bella know it’s a private road and contains open space.

 

Ms. Bingham said she wants to know when the Homeowners Agreement will be constituted and asked Bob Shelmerdine for answers.

 

Robin Estrin of 66 Cheryl Drive has a fence issue that was taken care of. Lot 21 is near her home and she wants an agreement for landscaping once lot 21 is built. Mr. Shelmerdine said her property abuts the development and a concrete retaining wall that holds back a large detention basin. Back in 2009, she asked for 7 items. Mr. Hickey and Mr. Pace will need to go to the property as it also abuts the fire lane.

 

Mr. Pace asked for 30 days to come back to the Board and asked that the Board allow permits but hold the COO until the mitigation is done.

 

Jim Spoto of 61 Lantern Lane said he is in the process of working with Mr. Shelmerdine as he is now looking at unfinished homes.

 

Mr. Milowe asked Mr. Hickey for evidence of who is authorized to speak or act for 155-157 N. Main Street.

 

Mr. Pace said he will come back to the February 15th meeting.

 

Mr. O’Cain will discuss the meeting with the Building Inspector. He said it is up to Joe Kent to issue the permits. Mr. Pace said he wants building permits for lots 16, 17, 18, 19 and 29.

 

Ms. Bingham does not think that permits should be released because of the infrastructure issues.

 

Mr. Pace said it does them no good not to be able to sell the remainder of the lots.

 

Mr. Milowe said he is not comfortable and wants cash put somewhere to address abutter mitigation issues. He said that some agent or legal representative of 155-157 N. Main Street has the legal obligation to address abutter issues. He does not have a lot of confidence that what will be signed will be done. He wants assurance.

 

Mr. Pace said he thought the priority was to stabilize the site. He said do not put a financial burden on us, we need to sell houses to be able to satisfy abutters.

 

Mr. O’Cain said he thinks the Board wants signed contracts for the abutters. There is no guarantee or enforcement measure to ensure abutters needs, will be met. Cash in an account will make sure it happens. He also suggested that they could ask for a bond reduction.

 

Mr. Pace asked if an addendum to the bond can be done. Mr. O’Cain said you still need something to refer to, to get the bond. He wants the bond to guarantee installation of the fence, trees, etc.

 

Ms. Price said when they return on 2/15, we can discuss assurance that abutter mitigations will be done.

 

Mr. Pannone said he thinks that 155-157 N. Main Street is delinquent as a whole. He wants an estimate of what it will cost to complete the mitigation measures.

 

Mr. Shelmerdine said he wants to come back to the 1/18 meeting to address concerns.

 

Communication of Committee Issues

Rob Rubin of 23 Highland Street in Sharon came before the Board. He said he is a serial entrepreneur and thought about the personal challenge to know about local issues. Over November and December, he met with the Selectmen, Capital Outlay and various committee members to determine town issues. He said town folks are uninformed. As a computer scientist he started VOPINION which is a mechanism to promote civil debate on issues (attachment). He said issues can be viewed on the home page. He would like to see Boards and Committees use VOPINION. The only question is that of open meeting law in relation to discussing issues. Mr. Rubin is interested in public information dissemination. He would like to tie this to the Town website and asked the Board to post issues. Ms. Price asked Mr. Rubin for a summary of what he would like to do.

 

Meeting Minutes

Mr. Milowe moved to approve the 12/14/11 minutes with minor changes. Ms. Bingham seconded the motion and the Board voted 4-0-0 in favor of approval.

 

Next Meeting Dates

2/1, 2/15, 2/29, 3/14, 3/28, 4/11, 4/25, 5/9

 

Adjournment

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

 

Attachments

1. December 28th, 2011 opinion letter from Attorney Lisa Whelan regarding Mont Fern Avenue ANR.

 

2. Adult Entertainment Uses Zoning Bylaw draft dated 1/4/12.

 

3. Map 1 - of available commercial property and language from Stoughton’s Adult Entertainment Bylaw as well as that of Walpole, Canton, Westborough, Mansfield, Easton and Norwood

 

4. List of abutters, properties they abut and mitigation needed, if known.

 

5. Decision on Application for modification of special permit dated August, 2009

 

6. Memorandum of Understanding dated October 13, 2011 to Peter O’Cain regarding scheduled dates of completion for Bella Estates, Sharon, MA.

 

7. VOPINION Document