Town of Sharon Planning Board
Draft Meeting Minutes of 43/1128/12
Amended and Approved on 4/25/12
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
|
Michael
Gelbwasser, Sharon Patch |
Dave
Coonan, Tedeschi Food Shops |
|
Bob
Shelmerdine |
William
Welch,
59 Bella Road |
|
Jack
O’Leary Merrill Associates, Hanover |
Myron
Dickerman, 40 Cortland
Drive |
Chair Report
Ms. Price called the meeting to order at 7:30 PM and reviewed the Chair’s Report.
Ms. Price reported that she attended the Finance Committee meeting to request additional funding to offset the legal and advertising line items that were over budget. These large expenses were due to Town Meeting articles, and normal unforeseen expenses. This year the Board received more contentious applications and thus the legal bills increased. The Finance Committee agreed to pay $2,314.40 from the reserve funds back into the Planning Board budget.
Meeting Minutes
Mr. Milowe moved to approve
the minutes of 3/281/12
as amended. Ms. Bingham seconded the motion. The Board voted 4-0-10
in favor of approval (Mr. Hauser abstained as he was absent on 3/28/12).
Bond Reduction Cattail
LaneBella Estates
Mr. O’Cain presented
the Board with a Bond Reduction letter for Townsman IV Subdivision dated March
28, 2012. He explained that the developer, Mark Iverson, Goodheart, LLC 14
Hickory Way, Sharon, MA, is requesting a bond reduction for completed items on
Cattail Lane.
Ms. Bingham moved
to approve a bond reduction for Cattail Lane and stated that Peter O’Cain
reduce the bond from $139,787.34 to $30,000, a reduction of $109, 787.34. The
Board voted 3-0-1 in favor of the reduction. (Ms. Price abstained.).
Ms. Levitts will
issue a letter to the Town Treasurer regarding the bond reduction.said
that he wants the bond for Bella Estates reworked
before having the Board sign it. He confirmed that
Mr. Fowler, Town Treasurer,
is comfortable with the bond company to be used for the bond. The problem
currently is that the document does not reference specific trees,
fences, or addresses of
the recipients and he would like
it more detailed. It needs to
reference the mitigation measures in the abutter mitigation spreadsheet.
Ms. Bingham brought up the idea of issuing a letter to the homeowners regarding the homeowner’s agreement. Mr. O’Cain said that he cannot locate the recorded modified agreement on the Norfolk Registry of Deeds website but each bill of sale should refer to the modified agreement. He spoke with Attorney Whelan regarding what the Board’s involvement is legally supposed to be and said that he would not be issuing a letter.
Mr. O’Cain questioned if there is a legal way to retroactively apply the homeowners agreement to homes built by Mirrione (2 or 3 homes) sold before the non amended HOA was filed.
Ms. Bingham said that even though its only 2 or 3 homes it is 10% of the number of homes and it is important if counting on the HOA to raise money to maintain the streets and catch basins.
Mr. O’Cain said that he does not get involved with sales agreements when homes are sold. He said if they have not recorded a modified agreement then it is a problem. .
Mr. O’Cain said he has a copy of the amended agreement but it’s not recorded. He sent an email to Mr. Shelmerdine requesting that the homeowners be informed.
Mr. Milowe commented that the applicant has an obligation to record the documents for the HOA.
Ms. Bingham said we need to consider if they are not in compliance.
Mr. O’Cain said the issues for 155-157 North Main Street include: is whether the 6 month deadline for work completion is valid and that the bond needs to not say Hunter’s Ridge. It also has to reference the mitigation spreadsheet.
No vote was taken.
Mr. Shelmerdine arrived at the meeting and informed Mr. O’Cain that the document is in process of being recorded. He said all homeowners signed subject to the HOA as written or amended. He said he is unsure if they will be mailing out a new agreement. Mr. Shelmerdine said that he believes that in the closing process there is discussion with the homeowners. Mr. Shelmerdine said he will talk to Town Counsel. Attorney Shelmerdine said it was part of the HOA that they could retroactively apply changes to the agreement to homeowners who have already purchased properties.
Mr. O’Cain also pointed out that the bond refers to Bella Estates and is not specific; it should reference the mitigation spreadsheet and the 6 month deadline. Mr. Shelmerdine said he will make the corrections. Mr. O’Cain also commented that June 30th was listed as the date of completion but it’s not on the bond.
Telecommunications Bylaw
Chair Price began
the conversation by stating that the Selectmen wanted to meet with the Planning
Board regarding the Telecommunications Bylaw.
Selectmen Powell
said that a tower is going up at East Foxboro Street. This raises the issue of
whether the Town has an updated plan of where towers could be located to be
unobtrusive. He continued by stating that if there are gaps in coverage within
the Town, Federal Law allows cart blanche to locate there.
Sometimes they can co-locate but the Federal Law controls the process. Each
carrier has different needs and there may be gaps in their coverage.
Ms. Bingham said
that, based on the 2006 Cellular/PCS Antenna Site Feasibility study, 9 locations
were identified. She asked if any were particularly favorable.
Mr. Puritz
commented that the golf course has a site on it. There are two on the Massapoag
tank; there is one on the steeple at the Unitarian Church, one on Ward’s Berry
Farm and one at the DPW on Farnham Road. He said there are monopoles in Sharon,
which are permitted through the ZBA. The bylaw encourages co-location and
defines the overlay district. If there is an inability to site, there is a
mechanism through the ZBA to do it. As technology evolved, additional functions
created more demand. Due to the Telecommunications Act, certain entitlements
are provided to the carriers.
Ms. Bingham asked
how high the monopoles are and Mr. Puritz replied they can be 140 feet in
height and the ZBA has to approve them.
Mr. Powell said
our bylaw encourages co-location but this does not always work for gaps in
coverage.
Mr. Puritz thinks
we are all covered at this point. There could be a resurgence of activity as
technology increases. The Town is becoming gapless and there are fewer and
fewer requests.
After reviewing
the maps previously prepared from the AT&T Consultant, Mr. Pannone said he
was trying to figure how the plan woks because he saw gaps on the maps.
Mr. Puritz said
that the gaps are far less than a few years ago. AT&T has considerable gaps
which puts them in the position of entitlement.
Mr. Pannone said
that the proposed sites seem to be on the East side of Town near the train
tracks.
Mr. O’Cain said
that the problem with the east
side of Town is that Borderland Park is there and the town is not in control of
it.
Mr. Puritz said
that most gaps have been addressed. Small gaps have been recently identified by
AT&T for their network. He said that given the evolving technology and
broadcast points in town, it is time to reevaluate the configuration of the
overlay district. He suggested the Planning Board may want to review the
provisions of the bylaw.
Chair Price said
the Selectmen want the Planning Board to look at the Telecommunications Bylaw
and update the 2006 study with a new study.
Mr. Puritz said
that if a new study were pursued there are associated costs. We would seek
funding from Town Meeting for that purpose. He also suggested the establishment
of a feasibility committee to evaluate the accuracy of the existing study. He
said he can arrange for the RFP engineer who did the analysis for SideBand to
meet with the working group.
Mr. O’Cain
provided the IDK study which was prepared in 2010 in response to the AT&T
filing. He suggested that this be updated.
Tom Houston said
that he has general background knowledge of the process. He said the current
section of the bylaw is well written. It sights the
proclivity of radio frequency and addresses the aesthetics of the towers.
Mr. O’Cain asked
Mr. Houston if there are 50 carriers whether the Town needs to provide full
coverage to all 50 and he replied yes. The onus is on the municipality to
provide equal access.
Mr. Powell said
that if a task force is formed, it is worthwhile to determine where technology
is going.
Mr. Milowe asked
how the tower height is selected. Mr. Puritz said that the bylaw states 120
feet and if a site specific circumstance warrants a variance there is allowance
for that. The height has to be over the trees but the line of sight is also a
requirement.
Ms. Bingham asked
if at this point anyone but AT&T is knocking at our door. Mr. Puritz said
no but there maybe an application from Nextel.
Ms. Price asked if
the Selectmen had any recommendations as to whom should be on the task force
and Mr. Powell suggested a member of the Planning Board, Zoning Board of
Appeals, Board of Selectmen appointee and an abutter or citizen who has gone
through the process. He said that so much of Town land is conservation that it
is good to get a group together to discuss and determine what is needed.
Mr. Puritz said
that the consultant is an ex public official so he understands the concerns of
the municipality. His name is Ivan Pagonovich. He said he may be willing to
attend a meeting of the working group.
Mr. O’Cain asked
if the discussion to identify sites is limited to town owned land or all of
Sharon. Mr. Puritz replied public sites but said it is good to understand the
potential private owned sites that could fill gaps. Mr. O’Cain said you cannot
always pick where to put the towers.
Mr. Milowe
commented that when the 2006 analysis was performed there were not smart phones
and multifunction devices.
Ms. Price said that at the last meeting the Selectmen suggested a working group be formed to look at the cell tower overlay district, do a peer review of the AT&T Report and the cellular PCS site feasibility study. They wanted members from different boards and a few residents to serve on the new committee. Ms. Price suggested that an ad be placed on SCTV and in the free part of the Advocate looking for volunteers.
Tedeschi’s
Ms. Price stated that the ZBA opened a public hearing and they would prefer that the Planning Board do the site plan review before they issue special permits.
Mr. Shelmerdine stated that although they submitted the application on 3/21 he will provide an extension.
Ms. Bingham said she is concerned with the 3/21 date on the application and questioned if it should be updated since the plans are new. The question is should it be updated to 4/11/12.
Mr. Shelmerdine said the problem is there was testimony on 3/21. He thinks everyone is working cooperatively and he is willing to extend the dates. He presented the new plans and reviewed the drawings.
Mr. Shelmerdine said that he met with the ZBA at a
public hearing for special permits and the modificatinmodification
oif existing permits.
The gas stations are not permitted in Business District A, but
convcenience stores are
permitted. In 1991 and in 1994 the ZBA granted special permits to allow Mr.
Welch, owner of the propertry to put in a
self service gas
station and convenience store. At present the SZoOning Board told him
that theyye want the site plan
review accomplished by the Planning BoardABord first. On 5/9/12 Tedeschi’s
will go back to the Zoning BoaAord. He said that
Tedeschi’s
took the original opplan, along with the
Planning Board’s comments regarding
access
and the number# of gas pumps
into account.
.
They made a descision to reduce the
number of pumps from 6 to 4 and the street opening
from 40 to 35 feet which is narrower than the existing opening. The dispensers
will be angleeled. The engineer for
Tedeschi’s
presented the turning radii and reviewed the new drawings.
They created a designated loading area which trucks will need to back into or
up to.
Mr. Hhauser said that he
likes the new number of pumps reduced from 3 to
2 in the plan.
and that it is a tailored environment. He likes that the Maple AAvenue corner is
integrated into the site and he likes the stone retaining wall. He said it is a
cleaner layout, creating a tailored environment and modernizing of the
landscaping.
The engineer stated
that they are proposing to plant forsythia and will install a balckblack vinyl fence to be put
up 15 feet along the street to block the view and trash from neighbor Mr.
Dickerman, as he requested from his property
on
Tolman Street.
Mr. Shelmerdine said that at the Zoining BoaAord, Mr. Dickerman wassa concerned with trash
going onto hi
s
properrty. He alsoos said the dumpster is being
enclosed.
Ms. Bingham
said
thatquestioned
if one dispenser will be
diesel and the applicant confirmed yes. . She feels the traffic
flow will make people loop
around. She is concerned with traffic flow and the possibility of
accidents.
The engineer stated that the dispensers are orientating differently as they are further from the street. He said the large canopy will not block traffic and the cars can get into position with the room they created.
Mr. Pannone
said he thinks the layout is vastly improved and thinks there are unintended consequences
with the anglieling of the pumps.
Mr. O’Cain said there needs to be space for snow to be plowed.
Mr. Milowe suggested an
extension on the hoses are retractable to allow for flexibility
which would help to
eliminate traffic issues and this will avoid
the turning radius issue.
The engineer said these typoe of hoses are a big
maintenance issue.
Mr. Shelmerdine reviewed
the architectural layout of the
builkdingbuilding. He said a fake window
will be added to the front of the building so it is not
blank.
Mr. PaAPnnone expressed that
he is concerned with the look of the vinyl window on the side.
Mr. Hhauser asked that they
look into the pylon having a
traditional look on the canopy as opposed to a modern look and the Board liked
the flat roof. He requested they
examine the pylon and make it better.and makie it match the
store. He wants the pylon header to match the canopy.
Tedeschi’s commented that they will work with the
Board regarding color choices for the building. Typically they would use the coilor desert tan, have wood clapboard
on the front of the
building and vinyl ion the sides.
The Board suggested a gray color.
Mr. Pannone questioned the nmumber of signs they
were installijng and asked why a
sign is needed ion the tanks when it is abovce the tanks as well.
Tedeschi’s said they will look into that.
Ms. Price asked if the light fixtures were being
replaceds and they said they had
not yet looked into that yet.
Tedeschi’s commeneted
that they had upgraded to lLED
lighting and will look into all of the lights.
Mr. Pannone asked if renovations will trigger ADA
regulations for the bathrooms?bathrooms. Tedeschi’s said they
will look into that.
Ms. Price asked if there is rroomm for a bicycle rack
and Tedeschi’s commented they will
look into that as well.
Ms. Bingham asked if they intended to update the
septic system and Mr. O’Caion commented that the
Board of Heath
needsHeath needs to look into this. Ms. Bingham also
asked if there were plans for a public restroom and they said no.
Ms. Bingham said she would like to know the placement of the air pump and requested as many parking spaces as possible.
Mr. Shelmerdine said that the bylaws require 6 or0r 7 spots and there is nonninee now. They are comfortable with the current air pump location.
Mr. Milowe stated that he likes the idea of two
dispensers. He would like to hear what the fire department says about the use
of extended
length flexible hoses. He thinks the use of thee flexible
hoses would solve the
retracting and other
issues.
Mr. Hhauser suggested that
they makeregrade the corner of Maple
to Pond aStrreet regarded so it is easier to
access for pedestrians.
Ms. Price asked for the elevation of
the retaining wall and thinks that something other than forsythia ccould
be put there,
such as evergreens.
Mr. O’Cain commented that whatever is put there needs to be salt tolerant.
Ms. Price requested the signte plamn and plant listings
at the next meeting. Mr. O’Cain stated he wants the drainiage plan and wants to
know if the roof drained into the
drainage system.is
flat or quartz panel. Mr. Shelmerdine said he will provide a complete package by the 19th or 20th of the
month
to Mr. O’Cain.
Ms. Bingham questioned where the emeployees can park. She
thinks that with the larger canopoolery there isare a loss of employee
parking spaces. She said it is
a small site and due to the angle of the pumps she thinks the site will be
tighter and thinks it is a safety
issue.
The Engineer said that in the existing parking lot
there are nine spaces and they will end up with one less
but will have the same outside dimensions.
Adjournment
Mr. Milowe moved to adjourn
the meeting at 9:415 PM and
Msr. BinghamPannone
seconded the motion. The Board voted 54-0-0
in favor of adjournment.
Attachments
1. Tedeschi Food Shop drawings
and pictures1. March 28, 2012 memorandum from Town Engineer
Peter O’Cain for a bond reduction for Townsman IV subdivision.
2. Cellular/PCS Antenna Site Feasibility Report by
SideBand Systems dated March 2006.
3. Maps of coverage as prepared by the AT&T
consultant