Town of Sharon Planning Board

Meeting Minutes of 6/20/12

Amended and Approved on 8/1/12

Sharon Community Center

Filmed by SCTV

 

Planning Board Attendees

Eli Hauser, Chair

Anne Bingham

Rob Maidman, Clerk

Pat Pannone,

David Milowe, Vice Chair

Peter O’Cain, Town Engineer

 

Other Attendees

Stephen Fenerjian,  Mangia

Mike Khoury, Madoff and Khoury LLC

Bill Buckley, Bay Colony Group

Frank Cox, Sharon Country Club

Jeff Miribile, Sharon Country Club

 

 

Chair Report

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

 

Minutes

Mr. Maidman moved to accept the 6/6/12 minutes as submitted. Mr. Pannone seconded the motion. The Board voted 3-0-1 in favor of approval (Ms. Bingham abstained as she was absent on 6/6/12).

 

Mangia/Starbucks Sign

Mr. O’Cain reported that the owner of Mangia had his sign approved to be 40 inches by 24 inches. The actual sign is 36 inches by 48 inches. They also installed a Starbucks sign that is 1.22 sq feet and an open hour’s sign that is point 3 square feet. Mr. O’Cain said that in his opinion the signs are tastefully done although not all approved. The members discussed the signs and agreed that they fit aesthetically. Mr. Pannone was concerned that we are setting precedent with allowing a larger sign. Mr. Hauser said he does not like the bigger sign size.

 

Mr. Maidman moved to approve all signs at Mangia as depicted in the provided pictures. This includes the 36 inch by 48 inch Mangia sign, the 1.22 sq feet Starbucks sign and the .3 square foot open hours sign. Ms. Bingham seconded the motion and the Board voted 4-0-1 (Hauser abstained) in favor of approval.

 

ANR Sharon Country Club

Bill Buckley, Mike Khoury, Frank Cox and Jeff Mirabile all representing the interest of Sharon Country Club came before the Board to discuss land being sold to the Sharon Country Club.

 

Ms. Bingham said she is concerned that the neighbors have not been notified that this land will eventually become a subdivision and she is not comfortable with the request. Mr. Buckley said this is not a subdivision. The statute allows the land conveyance if there is adequate frontage and access. He said then neighbors will be notified. Ms. Bingham said she wants the ANR withdrawn as she does not feel like she is fulfilling her duties as a member of the Planning Board.

 

Mr. Hauser asked if they intend to create a subdivision and Mr. Buckley said the owners of the property are planning to create a subdivision of 7 - 9 homes.

 

Mr. Cox of Sharon Country Club said the property would have to be taken out of agriculture and offered to the town to purchase at market value. They would need to pay back taxes for 5-7 years as per Massachusetts General Law.

 

Mr. O’Cain commented that notification of the abutters is not required by State law for an ANR plan.  Ms. Bingham said she sees the ANR being used for a purpose not designated.

 

 Mr. O’Cain said the Planning Board’s vote is to determine whether a new roadway is being created or not and whether the conveyance makes the existing lot non-conforming, which it does not. 

 

Mr. Maidman said he understands the law but Ms. Bingham makes a compelling argument regarding the abutter notice.

 

Mr. Milowe said he does not think it is fair that the abutters were not notified.

 

Mr. Pannone said he will have additional questions when they come back regarding the road.

 

Mr. Khoury said this plan fits within the ANR standards and a covenant would not change the ANR plan. . The Norvaisa’s are selling their property and this fits within the ANR process.

 

Mr. Hauser said he thinks they are making a mistake by not speaking with the neighbors.

 

Mr. O’Cain said the wetlands are not yet flagged.

 

Mr. Buckley said they want to present the full picture. What is being done now is within the regulatory regime. It is fair to the landowners and neighbors as well. He said the Board is granted a huge power and relies on them to approve as per the rules. He said the Norvaisa’s have the right to be treated in accordance with the regulations.

 

Mr. O’Cain said there is no basis for rejection of the plan.

 

Mr. Maidman made a motion to deny the ANR based on the Board’s comments. Ms. Bingham seconded the motion.

Mr. Milowe said it is not in the purview of the Board to accept or deny.

 

Mr. Cox said had he known he would have contacted the abutters.

 

Mr. Pannone said he does not have a problem at this point with the request.

 

Mr. Hauser said he technically does not know how to deny.

 

The Board voted 1-3-1 and the motion to deny was defeated.

 

Mr. Maidman moved to approve the plan under approval not required for the plan submitted by the Sharon Country Club dated 6/12/12 and to grant a waiver as per sections 3.1.11 and 3.1.13. Mr. Milowe seconded the motion and the Board voted 3-1(Bingham)-1(Maidman) in favor of approval.

 

Mr. Hauser suggested that they pull all of the neighbors together before coming to the next Board meeting. He said he is very interested in traffic on Azalea and Juniper Roads. He said if planning to build 7-9 homes, he would want them to build an affordable unit as this increased our "affordable required" inventory. Mr. Hauser noted this was a request, not a Sharon zoning or by-law regulation or requirement.

 

Mr. Cox said that Sharon Country Club is looking to sell the raw land and use the monies for a new club house.

 

Bella Abutter Mitigation

Mr. O’Cain reported that the abutter mitigation went well and all is set.

 

Sharon Commons

Mr. Hauser stated that the ZBA granting authority did not want to grant final approval regarding an access road within the site. The issue being discussed was about the question of two lanes turning to four lanes on the primary road to the Target store within the site, and the ZBA is concerned with pedestrian safety. The applicant withdrew the application.

 

A brief discussion ensued amongst the members of the Board.

 

88 Pond Street

Mr. Blackman who owns a pilates studio on East Chestnut Street came before the board to briefly discuss a potential sign should he move his business to 88 Pond Street. Mr. O’Cain reviewed the sign application and approval process to Mr. Blackman.

 

Adjournment

Ms. Bingham moved to adjourn at 8:55 PM. Mr. Milowe seconded the motion. The Board voted 5-0-0 to adjourn.

Attachments

1. Pictures of Mangia’s signs