Town of Sharon Planning Board

Meeting Minutes of 2/15/12

Amended and Approved on 2/2915/12

Sharon Community Center

Filmed by SCTV

 

Planning Board Attendees

Susan Price, Chair

Anne Bingham

Eli Hauser, Vice Chair - absent

Pat Pannone, Clerk  - absent

David Milowe

Peter O’Cain, Town Engineer

 

Attendees

Dmitry Belov, 47 Bella Road

Sastry Gadepalli, 39 Bella Road

Ramanan Ramanathan,19 Bella Road

Eric Dias, P.E.

David Wluka

 

 

Chair Report

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

 

Town Engineer Peter O’Cain suggested that the Board discuss zoning regulations for commercial solar farms and wind turbines at a future meeting.

 

Meeting Minutes

Review and approval of the 2/1/12 meeting minutes was postponed until the next meeting.

 

Bella Estates Bond

Mr. O’Cain provided the Board with an abutter listing with associated mitigation measures and value of the mitigation, to review. He said he would like the Board to vote tonight to approve the bond amount of $23,000. The proponent will then come back with cash or a bond at the next meeting for a second vote. The length of the bond can be discussed. Mr. O’Cain said that 155-157 N. Main Street has been pushing to get this bond done. He called two fence companies to confirm costs allocated to the mitigation measures and they confirmed the costs were accurate. Kevin Weber called two landscaping companies and confirmed costs for landscaping as well.

 

Ms. Bingham said that the bond is important to the abutters. She thinks there are too many issues of non-compliance with the MOU’s etc. She is concerned that the residents will be able to maintain the infrastructure, road, waste water etc. She expressed that they are in a rush to get the bond approved in order to obtain building permits. She would like to hear from the residents in attendance at the meeting.

 

Mr. O’Cain said that we are issuing permits because they have satisfied certain requirements. He said that Town Counsel said we cannot stop issuing permits due to lean issues on the previous developer.

 

Mr. Milowe said there are a number of things not resolved. He wants time scheduled to discuss the Homeowners Agreement so a process can be put in place.

 

Mr. O’Cain said that historically, the Board does not get involved with Homeowner’s Agreements.

 

Ms. Bingham says she feels tricked and does not want to lose the larger context.

 

Ms. Price said she would vote to recommend they get the bond for six months in the amount recommended by Peter O’Cain tonight.

 

Ms. Bingham moved to direct Town Engineer Peter O’Cain to seek a bond from 155-157 N. Main Street with a deadline of June 15, 2012 be set to complete the work and that the is bond issued by an approved insurance entity. Mr. Milowe seconded the motion and the Board voted 3-0-0 in favor.

 

Ms. Price asked the three audience members who are owners on Bella Road if they would like to speak, noting that this is a courtesy and not a public hearing.

 

Sastry Gadepalli of 39 Bella Road said he has lived there for 18 months. He heard there was a change of guards in the construction process. He said that he has issues with his builder (Intoccia) and has not received a response. He said he signed a paper regarding a homeowner’s agreement but never received a copy.

 

Dmitry Belov of 47 Bella Road said all of the residents have a punch list of items that have not been completed. In his case, his backyard has eroded and wants to know if there is anyway to complete the task.

 

Peter O’Cain said that all landscaping is bonded. The whole development is the responsibility of the original company 155-157 N. Main Street.

 

Mr. Ramanathan of 19 Bella Road said his landscaping is not done and the road is full of dirt and stones.

 

Mr. Milowe suggested that the residents contact Attorney Shelmerdine to obtain a copy of the Homeowner’s Agreement.

 

Ms. Bingham said the Homeowner’s Agreement was supposed to be filed. We need to investigate the state of the Homeowner’s Agreement. She also suggested the owners speak with the Board of Health.

Mr. O’Cain said he has an electronic copy of the document that was recorded at the Registry of Deeds. He also stated that there are two shared systems on the property. Two lots have individual septic systems and he is unsure if they fall under the HOA.

 

Ms. Price asked Mr. O’Cain to let Mr. Shelmerdine know about the three residents that attended the meeting and their issues.

 

Mont Fern ANR

David Wluka representing Parcel 11 on Mont Fern Avenue, along with Engineer Dias, came before the Board to state that the Plan did not change much. Mr. Dias said there was a question as to the adequacy of the road. The road has been staked to 12 feet. He earmarked locations for turnarounds. He said the roadway changes needed before the permits would be issued were discussed in the field.

 

Mr. Dias said that several notes were added to the plan as requested. These include: 1. The Planning Board approval of the ANR does not mean you can build. 2. A note regarding the road being a scenic road was added as well.

 

Mr. O’Cain said that the Fire Chief wants the road to be 14 feet wide. Mr. Wluka said he would submit a plan and the Fire Chief would need to approve it first.

 

Ms. Bingham said she thinks that an adequate road needs to be on the plan. She said the ANR process requires that adequate access be designed and presented on the plans. She wants to see the road that Mr. O’Cain and the Fire Chief think is adequate.

 

Ms. Price said that the applicant would need to come back to the Board because it is a scenic roadway in order to remove trees.

 

Mr. Milowe moved to accept the ANR for Mt. Fern as approval not required with a revision date of 2/14/12. Ms. Price seconded the motion and the Board voted 2-1-0 in favor.  The Form A was signed.

 

FEMA Zoning Changes

Mr. O’Cain provided a handout of the proposed language for the FEMA maps zoning bylaw changes that are required to meet the new National Flood Insurance (NFIP) regulations. He said that the FEMA flood maps were updated by Norfolk County and that Attorney Whelan worked with FEMA to develop the language. The flood zone legislation is changing. The flood map names are specifically delineated. The article is not changing the zoning maps as it is being done within the text. FEMA wants their maps maintained as the official maps. A public hearing will be scheduled for 3/21/12.

 

 

Adult Use Article

Ms. Price said that she attended a Finance Committee meeting to discuss the draft Adult Use Bylaw article. A brief discussion ensued amongst the members.

 

Adjournment

Mr. Milowe moved to adjourn the meeting at 9:30 PM and Ms. Bingham seconded the motion. The Board voted 3-0-0 in favor of adjournment.

 

Attachments

1.  1/31/12 letter from Lisa Whalen to Joe Kent, Building Inspector regarding a proposed solar farm on Commercial Street.

2. Handout of FEMA article language.