Attending Regular Members: Edward Hershfield, John Lee, and Dan Rosenfeld
Attending Alternate Members: Janis Edinburg, Walter Newman
The meeting, held at the Sharon High School Library, was called to order at 7:40 p.m.
#1421 Mountain Street LLC 400 Mountain Street
Applicant seeks a Comprehensive Permit under section MGL Chapter 40B to allow a 250 unit residential condominium development consisting of townhouses and single-family units. Property is located on the easterly side of Mountain Street consisting of approximately 230 acres and is situated n the Rural 2 Zone and is substantially within the Surface Water Protection District.
The hearing was a continuation from September 29, 2003. The continuation was to enable EarthTech to comment on the vernal pool.
Karl Smith, Earth Tech consultant, reviewed three reports:
1. GZA report from 7/2003
2. Daylor report from 9/2003
3. Daylor report from 10/22/03
The reports discussed the hydro discharge to the vernal pools. It was determined that the water during storms would be negligible and the amount of time that the vernal pool is full may be increased, but that should not cause a negative impact. It was stated that from the reports a fish population could not be maintained, therefore, the ecology of the vernal pool does not appear to be affected by the hydro discharge.
Paul Feldman submitted a report from Daylor dated 10/22/03 to the Board. Daylor reviewed the vernal pool site over a 4-day period.
It was noted that the discharge appears to be a groundwater flow according to the Daylor review. Karl Smith, Earth Tech Consultant, stated that it appears that the vernal pool will be seasonal based on storm events and the amount of water will be less than a tenth of a foot. Earth Tech believes that the effect will be negligible.
Jon Witten asked for verification if Earth Tech had visited the site. Earth Tech stated they had not seen the sight and a visit would not affect their opinions.
David Grasfield, Mtn. St. resident and member of the Board of Selectmen, outlined the Selectman concerns documented in a memo submitted to the Board. It was noted that the Developer should pave Mountain Street and provide fire station. Having 55+ and 20-30 yr. old housing is desirable. David noted that errors were in the FXM Assoc. analysis regarding the school population and reassessment of property. It was stated that the Board of Selectmen reviewed the Planning Board suggestions and agree with their recommendations. It was also noted that the Board of Selectmen agree with the ZBA and support conditions placed on the Decision.
Richard Gray, 756 Mountain Street, spoke regarding the pavement and submitted a document, which supports Mountain Street as a scenic way.
Stephen Glickman, 291 Mountain Street, spoke to oppose the paving and suggested alternative. He submitted a memo dated October 29, 2003 outlining his suggestions. He also submitted a letter from Rita Corey of 282 Mountain Street dated 10/29/03.
Leslie Koval, member of Briggs Pond Homeowners Trust, submitted a memo to the ZBA dated 10/29/03. Paul Feldman, attorney of Developer, stated that the drinking water would be treated. Leslie responded that the state drinking water standard may not be safe long-term.
Greg Meister stated that the Conservation Commission would like to have a condition placed on the decision that money be set aside for wetlands being reviewed at a satisfactory level. Greg also gave a brief overview on other initiatives regarding Rattlesnake Hill that the Town is working on. It was noted that the State would not reveal the appraisal of the property.
Feldman stated that all permits would be pulled and reviewed after the decision is granted. Meister again stated that after the decision, they would have no authority over the project. Feldman stated that it is not the Boards position to place a standard on them.
Ed Marchant, 40B Advisor to ZBA, stated that an opinion is not unusual to have dollars placed on the decision to provide funding for permit guidelines and reviews.
Jon Witten, representative of Rattlesnake Hill Assoc., submitted three items:
1. Response to critique of Proforma
2. Standards of Organic Land Mass
3. Critique of Rehoboth Decision
It was determined that the meeting would be continued in order to obtain the State property assessment. Paul Feldman refused to sign continuance.
The next meeting regarding the Mountain Street Applicant will be held on November 12, 2003 at Town Hall at 8:00 p.m..
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