MEETING RECORD
For
Town of Sharon
Zoning Board of Appeals
On
October 1, 2003
Attending Regular Members: John Lee, Dan Rosenfeld (arrived at 8:00 p.m.)
Alternate Members: Janis Edinburg, Richard Powell, and Walter Newman
Cont’d
#1457 Barnett, Byron & Kathleen 16 Pine Rd.
Continuance from September 10, 2003.
Hearing Opened at 7:40 p.m.
Byron Barnett submitted the Fairbanks Rd. Decision regarding a variance request. The Barnett’s requested a 1.9-foot variance and resubmitted plans that show the fireplace being built within the house wall. It was noted that there is no overhang and everything is flush with the foundation.
Hearing closed at 7:58 p.m.
Vote in Favor: Walter – Yes; John – Yes; Janis – Yes
The Standard Conditions apply along with suitable landscaping between house and neighbor to provide a green buffer.
#1458 ERPOL Construction, LLC 155 Mansfield Street
Applicant seeks a Comprehensive Permit under section MGL Chapter 40B to allow 12 single family homes. Property is located on the westerly side of 155 Mansfield Street and is situated within the Rural 1 Zone and is substantially within the Wellhead Protection Area.
John Lee, Dan Rosenfeld, and Janis Edinburgh sitting on hearing.
The Hearing opened at 8:10 p.m.
Dan reviewed agenda.
- Select Peer Review Consultants
- Outline future meetings
King Philip Correspondence was reviewed.
- Memo received from Canoe River Aquifor Committee
- Letter from Frederick Martin
- Letter from Historical Commission dated Sept. 16, 2003
- Memo from Planning Board dated Sept. 12, 2003
- Correspondence from Massachusetts Historical Commission dated Sept. 17, 2003 [submitted by David Wuluka]
It was discussed that an RFP would go out on Friday, Oct. 3, 2003. Included in the RFP would be correspondence/information submitted from Planning Board, Conservation Commission, Eric Hooper, and Dana Clow response. The most recent development plans would be included.
The areas of review would include:
- Engineering (road, water pressure, septic design, sight distance, grading plan, and storage)
Dr. Fred Martin stated that the Mass. Historical Commission does not have authority over local board and they do not have all the evidence, which has been brought before the ZBA.
Dan suggested an RFP go out to archeologists for an archeology review.
RFP would request that company proposal be returned by October 17th to David Wuluka. Board would speak with D. Wuluka on October 22nd to agree upon peer review consultant. Peer Review is to be completed by November 19th, 2003. At the next meeting, December 3, 2003, the peer review will be discussed.
Applicant submitted revised plan showing retaining wall due to an easement not being granted by abutting property. The retaining wall would be a southerly wall, 188 linear feet and reinforced with concrete. The wall would go from 0 to 10 feet, if the road is more than and 8% grade.
Isador Feedman, 30 Marcus Rd., asked if the wall would be a cliff type.
Dana Clow responded that protection would be provided such as a chain link fence, which is a requirement of the law.
Louis Levine, 157 Mansfield Street, stated there is only 39 feet from their property to the development.
Dana Clow submitted a response to Eric Hooper’s letter. It was noted that a soil test was done to verify that septic tanks would be feasible and ledge has not been found.
Dana demonstrated visually what a 10% grade would be using a 2 foot piece of paper.
Greg Meister, Conservation Commission, stated that he met with Dr. Martin and David Wuluka. Greg contacted the Trust Republic regarding minimizing the number of house on property to conserve conservation land and the surroundings at the development. It was noted that the Town voted to protect King Philip Rock. Greg stated that he would like the zoning districts outlined in the development. If development is in Zone 2, then a 1-acre lot would be required before a new septic could be installed.
Greg spoke in regards to the 25% proforma. He asked if 3 houses and 1 affordable unit be doable. Would it be economical and at what point does the development become uneconomical?
Dana Clow clarified that Zone 2 is within the development and the applicant will provide a zoning map. Septic systems would not be impacted.
The next meeting regarding the King Phillip Estates (ERPOL Constr.) Applicant will be held on Wednesday, December 3, 2003 at the Town Hall basement and will start at 8:00 p.m.
The meeting was continued till Oct 1st, 2003.
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