Town of Sharon Planning Board

Draft Meeting Minutes of 2/1/12

Amended and Approved on 2/29/12

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 - absent

Peter O’Cain, Town Engineer

 

Attendees

Ed Jualewicz, United Sign Company

Mark Emerson, Sharon Credit Union

Joel Fishman, Attorney Sharon Credit Union

Bob Shelmerdine, Bella Estates

David Wluka

Eric Dias, P.E.

 

Chair Report

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

 

Meeting Minutes

Ms. Bingham moved to approve the minutes of 1/18/12 as amended. Mr. Pannone seconded the motion and the Board voted 3-0-0 in favor of approval.

 

FEMA Zoning Changes

Mr. O’Cain discussed the FEMA maps zoning bylaw changes that are required to meet the new National Flood Insurance (NFIP) regulations. He received a letter which informed the Board of a change in the date that FEMA will be issuing a Letter of Final Determination (LFD). The LFD begins the statutory 6 month compliance period, during which communities that are members of the National Flood Insurance Program are required to amend their Zoning By-law and adopt the Flood Insurance Rate map (FIRM) and associated data. FEMA has held back on the LFD in order to time the compliance period to encompass Spring Town Meeting schedules. These changes need to be brought to Spring Town Meeting.

 

Hammond Residential Sign

Ed Jualewicz from United Sign Company stated that the sign for Hammond Residential, at 21 South Main Street needs to be changed to reflect the new company name, Real Living Real Estate. The sign dimensions will remain the same and they will install new posts as well. It will be in indigo blue color with white lettering in a quincy granite color. These colors are from the California paints historic collection.

 

Mr. Pannone moved to approve the new Hammond Residential sign for 21 South Main Street for both a free standing and wall sign as reflected in the pictures provided to the Board, in drawings dated 10/12/11. Ms. Bingham seconded the motion and the Board voted 4-0-0 in favor.

 

Sharon Credit Union

Joel Fishman, Attorney for Sharon Credit Union as well as Mark Emerson, President of Sharon Credit Union, presented a site plan to the Board.  Mr. Emerson began by stating that Sharon Credit Union has been in Town since 1956. It has operated a 24 hour ATM in the vestibule of the branch. Over the past several years, drive-ups have been installed at financial institutions and they now want to answer the call of their customers to install a drive up ATM as well. Mr. Emerson showed the Board the plan for the drive-up and provided a handout of his proposal. They specifically propose a two and one half foot addition to the outer edge of the building. They suggest wood framed construction with a brick surface to match the existing structure. They will also replace the night depository within the same fixture as the ATM. Regarding signage and lighting; they plan to take a minimalist approach. They will only change the surround on the existing sign to indicate a drive up ATM. They also propose that there will be no drastic change to the lighting.

 

After seeing the drawings, Ms. Price said she is concerned with the need for and the size and brightness of the “ATM Open” and “Lane Open” signs on the drive-through entrances. Mr. Emerson said that the lettering on the new proposed ATM signs is thinner and there is no additional lighting.

 

Mr. O’Cain stated that there is a limit to the number of allowed signs as per the bylaws. He commented that the Planning Board needs to send a letter of recommendation to the ZBA on what they find. Mr. Fishman said they need to go before the ZBA because the Credit Union has a special permit dating back to 1983.

 

Mr. Emerson said he will look at other ways to display the open lane and ATM signs.  Ms. Price said she thinks the new “open” signs are too large. Mr. Hauser said smaller signs are better.  Mr. Pannone suggested adding white painted wood around the new drive-up ATM rather than brick because brick is very difficult to match.

 

Mr. O’Cain said that a decision is needed on the sign and lighting and modification to the existing sign. A decision is needed on the site plan as well. The Planning Board needs to make a recommendation to the ZBA on their findings. It must also be noted that Mr. Pannone suggested white wood replace the proposed brick on the side border of the ATM.

 

Mr. Pannone moved to approve the revised site plan for the Sharon Credit Union, dated 12/13/11 with the conditions that a decision is made as to the size of the signs and type of lighting at the drive thru. Mr. O’Cain can act as Agent of the Planning Board and can sign the site plan. Ms. Bingham seconded the motion and the Board voted 4-0-0 in favor.

 

King Philip Estates

Mr. David Wluka representing Solstice Way came before the Board asking for a release of the bond for King Philip Estate’s subdivision, Erpol Construction, 5 Salamander Road, Sharon, MA 02067, in the amount of $19,000.  Mr. O’Cain, in his memorandum dated February 1, 2012, regarding the bond release recommendation for King Philip Estates stated that the Engineering Division of the Department of Public Works recommends that the surety bond for Solstice Way in the King Philip Estates Subdivision be released and set to $0, a reduction of $19,000. 

 

Mr. Pannone moved to release the bond on King Philip Estates for Solstice Way as per Peter O’Cain’s memorandum of 2/1/12 reducing the bond form $19,000 to 0. Ms. Bingham seconded the motion and the Board voted 4-0-0 in favor.

 

Bella Estates

Mr. O’Cain said that they are issuing permits for 155-157 N. Main Street LLC. Tonight, they are requesting an ANR Plan. The plan will change the property lines on lots 14 and 15 in Bella Estates. This issue arose out of the sale of an existing home that was supposed to have been razed. As a result of the sale, the homeowner has a larger lot on the ANR plan than his deed described by 3,000 sf. This ANR plan will resolve the lot size issue with the current owner. A discussion ensued amongst the Board.

 

Mr. Pannone moved that subdivision is not required for the Plan of Lots 14 and 15 on Bella Road, Sharon, MA dated 12/8/11. Ms. Bingham seconded the motion and the Board voted 4-0-0 in favor of approval.

 

Mont Fern ANR

David Wluka representing Parcel 11 on Mont Fern Avenue came before the Board with a Form A requesting an ANR Subdivision of Lot 17 shown on Land Court Plan 19557F, 185 Edge Hill Road, dated 1/12/12.  It was noted that two members of the Board previously walked the site. Mr. O’Cain said he reviewed the plan and it met the regulation 3.1.2 requirements. The Board discussed the plan.

 

Ms. Bingham thinks it is a bad precedent to say the road is accessible as a private way. She expressed she is unsure how utilities will be brought to the property because of inadequate access.

 

Mr. O’Cain said that all roads approved have been at least 18 feet wide. If this particular road is widened, it will create more runoff and erosion.

 

Mr. Hauser said that the regulations do not indicate the criteria for a public or private way. As per Lisa Whalen’s letter (need copy), and Section 3.1.6 of the Land Subdivision Rules and Regulations of the Planning Board the Board needs to consider various items such as does the road give frontage and vehicular access in a safe manner. Is the road wide enough to support access? Now there is a 12 foot wide gravel road and it may not support 2 homes for frontage.  Mr. Hauser, reading from Attorney Whalen’s letter said the Town is technically liable for the road and it needs to be made passable.

 

Mr. O’Cain said the ANR was refiled yesterday.

 

Mr. Wluka said it is a dead end road and conservation land cuts through so it’s not a thruway.

 

Mr. O’Cain said he is concerned that two cars can pass on the road at the same time. He requested pullovers or turn offs be created.

 

Mr. Wluka said he has no problem widening or flattening the road.

 

Mr. O’Cain asked how they would handle plowing as it will create erosion problems.

 

Mr. Wluka said he included an easement just in case the road needs to be widened.

 

Ms. Price wants a note about the road being a scenic roadway added to the ANR plan.

 

Mr. O’Cain asked if a homeowner’s agreement was in place as the 2 parties will need to maintain the road.

 

Ms. Price requested that the fire department review the road for safety.

 

Mr. O’Cain told Mr. Wluka to stake out where he would widen the road so he can visualize it as he cannot determine it from the plan. He wants to ensure the road widening will work due to slope changes at the side of the road.  Mr. Wluka stated that his goal is to make the road passable for a private drive with two homes.

 

Mr. Hauser said he is concerned with safety and access. He wants to ensure that the Town Engineer and Fire Department are satisfied. The Board is here to protect Lot 18 he said.

 

Mr. Pannone said he is concerned with the road and access. He thinks that it should be widened as much as possible and that turnoffs should be showed on the plan. He said we need to ensure that fire trucks and ambulances can access the road without sliding backwards.

 

Mr. Wluka said it is an existing historical road and he has to bring water, power and gas to the land. He feels the less construction the better, but will come back with a plan that shows the road is safe.

 

Mr. O’Cain said he wants the road laid out so he can see it. He noted that dirt roads will freeze over in the winter. When the road is plowed in the winter, it gets narrower. He wants the road staked out before making a decision.

 

Mr. O’Cain also wanted to add a note which said that approval of the plan does not indicate compliance with zoning.

 

Mr. Wluka said they will stake out the road to show widening and will invite the Fire Chief, Mr. O’Cain and the Board members to meet on the site.

 

Other

Ms. Price said she will be meeting with the Finance Committee about the Adult Use Zoning Bylaw. A brief discussion ensued regarding the text of the bylaw and some changes/comments were suggested.

 

Adjournment

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

 

Attachments

1.  Bond Release recommendations for King Philip Estates from Peter O’Cain dated 2/1/12.

2. Hammond Residential Sign pictures

3. King Philip Estates Form A

4. Sign and Lighting Plan for Sharon Credit Union

5. Attorney Lisa Whalen’s letter regarding Mt. Fern