Town of Sharon Planning Board

Meeting Minutes of 3/21/12

Approved on 3/28/12 as amended

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

Ed McSweeney 65 South Walpole Street

Bob Shelmerdine

Jack O’Leary - Engineer

 

 

Chair Report

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

 

Meeting Minutes

Mr. Milowe moved to approve the minutes of 2/29/12 as written. Ms. Bingham seconded the motion. The Board voted 4-0-1 in favor. Mr. Hauser abstained as he was not present at that meeting.

 

ANR 64 Billings Street

Peter O’Cain presented the ANR Plan for 64 Billings Street. A discussion ensued. Mr. Hauser moved to approve the ANR Plan for 64 Billings Street dated 3/19/12, finding approval not required under the subdivision control law. Mr. Milowe seconded the motion and the Board voted 5-0-0 in favor of approval.

 

Public Hearing – FEMA flood maps

Mr. Milowe moved to open the public hearing regarding the FEMA flood map. Mr. Pannone seconded the motion and the Board voted 5-0-0 in favor of opening the pubic hearing.

 

Mr. Pannone read the legal notice that appeared in the Sharon Advocate.

 

Mr. O’Cain presented the article to the Board. He stated that the Town of Sharon is part of the federal flood insurance program which provides insurance for homeowners with homes located in Zones A and AE. Often owners cannot receive insurance because they live in the flood zone. This article changes the zoning maps and the language in section 2120 of the Zoning Bylaws. He said that in the past maps were hand drawn using 1970’s technology. The new maps are more detailed and were created from an aerial flyover. Most of Commercial Street has been added into flood zones. If this change is not adopted, the Town cannot be a part of the flood insurance program.

 

Mr. Pannone asked if there is any other way for homeowners to obtain the insurance and Mr. O’Cain replied that most go under the FEMA program.

 

Ms. Bingham asked if the Finance Committee is satisfied. Mr. O’Cain said they have not yet voted. Mr. O’Cain has notified residents through the newspapers and on the community television channel. Information also appears on the DPW website. Mr. O’Cain said that on the new maps, individual homes can be seen because an aerial flyover is used on the new maps.

 

Ms. Price opened up the hearing to the audience for questions.

 

Ed McSweeney of 65 South Walpole Street said he was concerned that the pending mall near his home could create a flooding problem.  Mr. O’Cain said that this article is about editing the zoning regulations to include map changes. It does not concern Sharon Commons.

 

Mr. O’Cain said that if the Board does not vote to approve the maps, the Town will not be a part of the federal flood insurance program.

 

Mr. Hauser moved to close the public hearing. Mr. Milowe seconded the motion. The Board voted 5-0-0 in favor of closing the public hearing.

 

Mr. Hauser moved to recommend approval of the FEMA flood map article to Town Meeting. Mr. Milowe seconded the motion and the Board voted 5-0-0 in favor of this article.

 

Public Hearing – FEMA flood insurance rate maps

Mr. Milowe moved to open the public hearing regarding the FEMA flood insurance rate maps. Mr. Pannone seconded the motion and the Board voted 5-0-0 in favor of opening the pubic hearing.

 

Mr. Pannone read the legal notice that appeared in the Sharon Advocate.

 

Mr. O’Cain presented the article to the Board. He stated that the article basically changes map numbers, makes building code number changes and the DEP wetland order changes. It is a cleanup of changes to reflect the latest in the map numbers.  The article would change language in section 4410 of the Zoning Bylaws.

 

Mr. O’Cain indicated that he will send out a full description of the differences between the two articles to the Board, via email.

 

Mr. Hauser moved to close the public hearing and Mr. Milowe seconded the motion. The Board voted 5-0-0 in favor of closing the public hearing.

 

Mr. Hauser moved to recommend to Town Meeting the approval of the article regarding the FEMA insurance rate maps, and Mr. Milowe seconded the motion. The Board voted 5-0-0 in favor of approval.

 

Public Hearing – Adult Uses Article

Mr. Milowe moved to open the public hearing regarding the Adult Uses article.  Mr. Hauser seconded the motion and the Board voted 5-0-0 in favor of opening the public hearing.

 

Mr. Pannone read the articles language as appeared in the Sharon Advocate.

 

Ms. Price presented the article to the Board members.  She stated that the purpose of this article is to create a bylaw to address the documented secondary impacts of adult entertainment uses. Adult entertainment uses such as bookstores, theatres and paraphernalia stores are protected uses because it is considered a freedom of speech issue. These types of uses cannot be prohibited but Towns are allowed to control for the secondary impacts through zoning. Such secondary impacts have been found to include increased levels of crime, blight, and adverse impacts on property values of residential and commercial properties. Late night noise and traffic also may increase due to the late hours of operation of many of these establishments.

 

She said the provisions of this article have neither the purpose or intent of imposing a limitation or restriction on the content of any matter or materials, including sexually oriented matter or materials protected by the US or State Constitution or to deny or restrict rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this article to legalize the sale, rental, distribution, dissemination or exhibition of obscene or other illegal matter or materials.

 

Ms. Price continued that the article contains definitions for a variety of adult uses. The bylaw would allow these uses as special permit uses in the Light Industrial District. There are additional restrictions for these uses, including setbacks from residential zoning districts, residential uses, schools, municipal buildings, religious facilities, parks and recreation, daycare, nursing homes, hospitals, and also from another adult use. There are additional requirements for screening and buffers. Based on the current land uses in and around the Light Industrial District, an adult use may locate, with a special permit, around the Merchant Street; Commercial Street and Route 1 area. Sharon is late to the game – most other towns have similar bylaws, including: Stoughton, Walpole, Canton, Foxboro, Mansfield, Easton, Norwood, and Dedham.

 

If the Town doesn’t approve the article, then an adult entertainment use may locate wherever a bookstore or theatre or cabaret would currently be allowed.

 

Mr. Hauser commented that the article reads very well. He suggested that the labeling on the map describing the properties where adult uses may be located be improved with reference to description, what is being buffered, what is in and what is out.

 

Mr. Hauser moved to close the public hearing regarding adult uses and Mr. Milowe seconded the motion. The Board voted 5-0-0 in favor of closing the hearing.

 

Mr. Hauser moved to recommend approval of the Adult Use article to Town Meeting. Mr. Milowe seconded the motion and the Board voted 5-0-0 in favor of approval of this article.

 

Tedeschi’s Site Plan Review

Mr. Shelmerdine, the Attorney representing Tedeschi’s Food Shops at 68 Pond Street, stated that they are at the meeting to submit to the Planning Board a site plan for this site. He said that next week they have a public hearing with the ZBA which is the special permit granting authority. Mr. Shelmerdine provided an application to the Board. He said the proposal is to do two things: the first is to impact the convenience store with an addition of a 264 square foot cooler to the side of the store. It would be 8 feet wide by 32 feet deep. It can only be accessed from inside the store itself. The second priority for them is to add a 3rd dispensing island to allow for the fueling of six vehicles. In order for it to fit on the site; the tanks need to be rotated 90 degrees. They will run perpendicular to the street rather than parallel. This plan was the official plan of record delivered to the ZBA.

 

Mr. Pannone questioned the circulation of traffic and how the cars will queue up.  Jack O’Leary, engineer for Tedeschi’s Food Shops said the current dispensers are parallel to the street which works in low traffic environment. Now the site needs to work efficiently. If the dispenser is turned perpendicular, people can see the fueling position and not create back up in the street. It makes the traffic flow easier.

 

Engineer Jack O’Leary said that no traffic study has been done as of now.

 

Mr. Hauser said this is a special zone. The major observation is that we have huge driveways in Post Office Square. Remaking the gas station with an 80 foot driveway is of concern. He said he is more concerned with the use of the site and how it fits in the neighborhood. He questioned if there is a safety issue.

 

Mr. Pannone asked if a study was done regarding the turning radius. Mr. O’Leary said yes. 

 

 

Mr. Hauser said this is our town center, and it is not a large urban site or industrial zone similar to what we have on Rte 1.  He thinks 80 feet is too wide for the driveway width. Mr. Hauser noted that the Town had conducted a series of studies over the course of a number of years to understand Post Office Square, and had developed a set of guidelines and new zoning passed at Town Meeting for the Area. The studies helped develop a set of guidelines and  priorities, among which are concerns to help make Post Office Square in the context of a New England village, and to create a "pedestrian friendly" environment.  Along these lines, we are concerned with aesthetics, as well as safety, as well as functional flow.  

Mr. Hauser noted that the proposed width of the driveway was quite significant; and that one of the findings from the PO Square studies is both the number of driveways and their considerable widths; and that a recommendation was to figure out how to reduce and consolidate the number and width of the driveways. He is concerned that the driveways will not be pedestrian friendly.

 

Mr. Hauser was interested to know if any queuing studies had been conducted to determine the demand on the pumps. It is unclear from the presentation that 3 pumps are needed v. the existing 2.  And, yes, of course, a better configuration of the pumps and a new terminal are certainly attractive for the Town.

Mr. Hauser certainly understands and appreciates the applicant's economic interests as well as their desire to have a "corporate look."   And, we are appreciative of and acknowledge the efforts to upgrade and modernize the site, and to improve the safety and appearance of the site itself; as well as the fact that the investment and improvements will add value to Town and to the overall look and feel of the Square.   

Mr. Hauser would like the zoning and developed guidelines to be revisited by the applicant to see how and where it can be better introduced into the design, both in terms of the number of pumps, the width of the driveway, the physical aesthetics of the building, and the design of the signs and lighting.

Mr. Shelmerdine said he thinks we can move closer to a New England village. Mr. Shelmerdine said Tedeschi’s will consider public safety and efficiency to be of great concern to them.

 

Mr. Pannone suggested moving Tedeschi’s store building to the street and moving the gas pumps to the rear.

 

Mr. O’Leary said a lot of factors affect the site. He found that fire chiefs want to be able to see the gas dispensers from the street.

 

Mr. Pannone said that this is a heavy pedestrian area; it is congested to have cars filling 6 fueling slots without directional restrictions.

Mr. Shelmerdine said that both sides should take this as an opportunity. He said we want the center of town to look like a village. It is not in the budget to take down the building but they will try to get closer to the design guidelines. 

 

Ms. Bingham questioned if the landowner is aware of what Tedeschi intends to do and would like to see him more present.

 

Mr. O’Cain said he would like to see a one way traffic flow and wants to avoid any pedestrian issues. He wants the 80 foot proposed opening narrowed. He thinks they are moving in the right direction with the alternate plan.

 

Mr. Shelmerdine thinks it is a work in process.  The applicant also showed an alternative layout for the pumps.

 

Mr. O’Cain suggested that the process almost needs to be a joint decision between the Planning Board and the Zoning Board of Appeals.

 

Ms. Price brought up the landscaping plan and a brief discussion ensued.

 

Mr. O’Cain said he needs sign plans with colors and dimensions, which is part of the Planning Board responsibility.

 

Mr. Pannone suggested that the cooler addition looks stuck on and said that perhaps the design could change slightly. He suggested pushing the addition back so that the roofline could match with the gable on the main part of the building.  He also suggested that an architectural design could be placed on the blank wall.

 

Mr. O’Leary stated that the site will be getting new piping, tanks, canopy with fire suppression which is all modern and safe new equipment.

 

Ms. Price said she will send an email to Kevin McCarville of the ZBA with the Planning Board’s concerns and opinions and to discuss the review process.

 

Mr. Shelmerdine offered the Board a 45 day extension on the decision and Ms. Price accepted.

 

Adjournment

Mr. Pannone moved to adjourn the meeting at 10:00 PM and Mr. Milowe seconded the motion. The Board voted 4-0-0 in favor of adjournment. Ms. Bingham left at 9:45 PM.

 

Attachments

1. Legal notice from March 2nd from the Sharon Advocate.

2. Full text of the FEMA Flood Maps Article.

3. Full text of the FEMA Zoning Map Change.

4. Full text of the Adult Zoning Article.

5. Peter O’Cain memorandum dated 2/28/12 regarding the review of Tedeschi Food Shop Site Plan dated October 14, 2011.

6. 1973 Humble Oil Company Decision on application for variance.

7. Map of parcels for adult uses.

8. Redlined zoning regulations for FEMA articles.

9. 1977 and 2011 FEMA flood zone comparison.

10. March 21, 2012 letter form Attorney Robert Shelmerdine regarding the application for Tedeschi’s Food Shops.

11. March 21, 2012 response from Attorney Robert Shelmerdine as a response to memorandum of Peter O’Cain dated February 28, 2012 regarding Tedeschi’s Food Shop Site Plan dated October 14, 2011.

12. Artist renderings of Tedeschi’s.