Town of Sharon Planning Board

Meeting Minutes of 1/18/12

Amended and Approved on 2/1/12

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

Mike Curry 155-157 N. Main Street

Steve Vazza, 155-157 N. Main Street

Alice Cheyer

Bob Pace, 155-157 N. Main Street

Robin Estrin, 66 Cheryl Drive

Priscilla Lake, 10 Gertrude Avenue

Siva Sakhamuri, 120 Pond Street

Vitaly Pilipenko, 31 Bella Road

Bob Shelmerdine

Scott Hickey, 155-157 N. Main Street

Prashant Kaitkay, 144 Hampton Road

Michael Khoury, Foxboro,MA

Raymond Watstein, 5 Post Office Square

 

 

Chair Report

Chair Price called the meeting to order at 7:30 PM and read the Chair’s Report.

 

Minutes

Mr. Milowe moved to accept the minutes of 1/4/12 as amended. Mr. Pannone seconded the motion. The Board voted 5-0-0 in favor of approval.

 

Bella Estates

Attorney Shelmerdine introduced Scott Hickey, Treasurer of 155-157 N. Main Street, Bob Pace, General Contractor for 155-157 N. Main Street, and Mike Curry, Attorney for 155-157 N. Main Street and co-counsel for the evening.

 

Mr. Curry said that 155-157 N. Main Street took ownership of the property from Mr. Mirrione. They sold lots to Mr. Intoccia when he obtained buyers and got bank financing on particular lots. At that point, 155-157 N. Main Street transferred the lot title to Mr. Intoccia.

 

Ms. Bingham expressed her concern that 11 of the 29 lots are sold to homeowners and the homeowners association has not yet been set up. She said that there is infrastructure to maintain like the storm water and nature trails and eventually it will be the duty of the homeowners.

 

Mr. Shelmerdine said Mr. Mirrione’s Attorney created the Declaration, a mechanism of turnover. The Document was amended to reduce the number of homes from 52 to 29 units and it is no longer age 55 restricted. The declarant has special rights until they do not hold the property or give up the rights.

 

Ms. Bingham said if 155-157 N. Main Street owns just one lot then the Homeowners Agreement requirements are not operative. Mr. Shelmerdine said that the lot owners have the right to vote until the declarant gives up the special declarant rights. There has been no periodic meeting of the lot owners. In this subdivision, there are still improvements that need to be made.

 

Ms. Bingham said that usually the HOA kick over to the homeowners is at 50% occupancy. In her opinion, she stated, it is too late to wait until the last lot is sold for the homeowners to take over. This is a major concern to her.

 

Mr. O’Cain said he would prefer all work is done before it is transferred over to the HOA. There is a significant bond on Bella Estates.

 

Ms. Price asked for a progress update since the last meeting. Mr. O’Cain said that they built the level spreader better than what was indicated on the plan. They installed silt sacks on the catch basin to reduce level sediments in the pond. They pumped out silt in the pond at the outlet control center and will be removing it by Monday. He said they have made a lot of progress. He said he has not had much correspondence with abutters but there is still a lot of work to do on this front. He requested that the abutter agreements are squared away until action can be taken on abutter mitigation measures.

 

Mr. Shelmerdine provided a handout of the abutters he contacted and the status of each (attachment). Deep discussion ensued regarding each abutter and the agreement that exists or does not exist. 

 

It was said that Mr. Yaar’s property needs a change to a tree location. Mr. O’Cain can act as agent for this issue. 

 

It was said that all work on agreements for abutter mitigation will be done by 6/15/12. The abutter work needs to be completed before the Certificate of Occupancy can be issued.  Mr. O'Cain will contact the Kaplan family on 65 Lantern Lane because they have not responded to Mr. Shelmerdine’s letters regarding needing mitigation.

 

Ms. Estrin said the holdup at her property is the Tree Warden needing to confirm the suggested trees to be planted are acceptable. A lot has been agreed to regarding her property. Mr. O’Cain will work with the Tree Warden to determine a value of work to be done so that a bond can be set up for work on her property as well as the rest of the abutters with agreements. Ms. Price requested that Mr. Shelmerdine include the size of the trees to be planted on his summary sheet.

 

Ms. Price allowed comments from the audience.

 

The owner of 9 Bella Road said that he has a purchase and sales agreement for this property with Mr. Intoccia but does not have access to his home, as there is a lien on the property.

 

A resident of 170 N. Main Street commented that he invested $31,000 with Mr. Intoccia in North Attleboro and lost his money.

 

Ms. Bingham said that it is confusing that 155-157 N. Main Street has had a relationship with Mr. Intoccia all along. She said it is not proper for the Planning Board to get into a lien issue on a property. She said there needs to be assurance that the people on the street need to know what the responsibility to their property is. She wants some level of assurance that commonly owned infrastructure will be working in the future.

 

Mr. Pace said that they are finishing the project. Mr. Intoccia’s issues are his.

 

Ms. Bingham said it is great that they are coming in to fix issues that have plagued this property for years.

 

Mr. Shelmerdine said he thinks the Town should be most interested in today forward, not going backwards. Collectively what has been done in the past few months has advanced the subdivision.

 

Ms. Bingham said she wants to see the Homeowners Association get involved and thinks it is too late to wait until all 29 homes are sold and the project completed. She thinks that when the date of the transfer happens, infrastructure will be functional. She wants to see a human working organism responsible for running the development.

 

Mr. O’Cain said there is a bond to insure infrastructure is completed.

 

Mr. Shelmerdine will attend the 2/1/12 Planning Board meeting with a new bond for the abutter mitigation issues only. Mr. O’Cain will validate the values of each item.

 

The owner of 31 Bella Road said the road is not lit and Mr. O’Cain said streetlights still need to be installed and he will look into this. Lights have to be installed before the subdivision is completed.

 

Mr. Shelmerdine said that 155 and 157 N. Main Street entered into agreement for lots 18 and 29.

 

Mr. Milowe said that the Town Treasurer has a listing of bonding companies he was comfortable with and suggested that Mr. Shelmerdine confirm that the company he is using is on the approved list. Mr. Milowe said he thinks it is appropriate to check that the company being used is an organization the Town Treasurer is comfortable with.

 

VOPINION

Ms. Price said that at the last Planning Board meeting, Rob Rubin made a presentation regarding VOPINION. He said it was a way to inform the Town. She reviewed the highlights of the presentation.

 

Ms. Bingham said she likes the idea of more people discussing things openly. She resists the idea of the Board discussing the issue on a website and feels results are based on those interested in an issue.

 

Ms. Price said that items can be posted more as public information rather than as a place for debate. She wants to wait and see how other Boards use it.

 

Mr. Milowe said he does not want to use it as a tool for discussion.

 

Mr. Pannone said it can get people aware and active.

 

Ms. Price said she will contact Mr. Rubin and let him know that while the Board thinks it is a great idea and likes it as a potential additional option for the publicity of meetings, hearings and issues, the Board would prefer that discourse at this time to occur at its public meetings; and also that the Board will be interested in continuing to see how the other Boards and Committees take advantage of Vopinion.  

 

Adult Uses

Mr. O’Cain requested a placeholder for the Adult Uses Article for Spring Town Meeting. Ms. Price requested all comments be forwarded to her. She said she will reach out to the Finance Committee and noted that the Town Attorney still needs to review the language and its placement within the Zoning By-law.

 

Large House

Ms. Price said the large house problem needs to be studied before drafting a bylaw so that it is clear what the concerns are and what type of regulations, if any, would help resolve or prevent further issues. She said someone would need to go around Town and take pictures of the homes as examples.  Bylaws of other towns would need to be reviewed as references to see if they offer any solutions.

 

Ms. Cheyer commented that the Planning Board cannot regulate houses themselves. A brief discussion ensued and the Board needs to determine if they are interested in pursuing this topic.  Ms. Price said she will look at Wellesley’s bylaw.

 

 

 

Other

1.      Ms. Price and Ms. Bingham will attend the 2/7 Board of Selectmen meeting at their request to discuss the Telecommunications Bylaw.

 

2.      Ms. Price pointed out that at the BOS meeting, Sharon’s MBTA representative will be discussing the proposed fare increases, cuts to service and the elimination of the commuter rail after 10PM and on Saturday and Sunday.

 

Adjournment

Ms. Bingham moved to adjourn the meeting at 9:55 PM and Mr. Milowe seconded the motion. The Board voted 4-0-0 in favor of adjournment.

 

Attachments

Hunters Ridge Abutter Listing