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Minutes of April 14, 2004
MEETING RECORD
For
Town of Sharon
Zoning Board of Appeals
On
April 14, 2004

Attending Regular Members:  John Lee, Dan Rosenfeld, Richard Powell
  Alternate Members:  Janis Edinburg, Walter Newman


The hearing was called to order at 8:00 p.m.

ZBA Business

Alice Cheyer approached Board about placing times on the agenda.  She also asked that the Board keep all ZBA records available to the town.  It was stated that a file request can be made through the ZBA Administrative Secretary and then the file will be made available to requestor at the Town Clerks office.

Gary Werden, 95 Beach Road, approached Board to review his plan revisions from the previous owners and to give approval.  Board stated he must go through process in order for residents to respond unless Building Inspector will grant permit.

Continuance

#1486                   McAvoy, John                            13 Marie Ave.
Seeks two findings and a special permit relative to a proposed structure replacement on a non-conforming lot.  Property is situated in the Single Residence B Zone within the Groundwater Protection District.

Existing sq. footage is 35.5 x 27 (3 floors)
New sq. footage is 48 x 28
This is a 14 – 16% increase in size.

It was noted that they must keep 12.1 feet from the corner of the house to side lot line.  Discussion centered on moving deck to be off of breakfast area.

Vote in Favor:
John – Yes
Dan – Yes
Janis – Yes

Conditions:  Deck needs to begin not less than 11 feet in from existing plan.  Letter of Intent with Conservation Commission must be filed.

Hearing closed at 8:54 p.m.


New Cases
#1491                   Delaney, Mark                                   3 Carlton Rd.
Seeks two findings and a special permit relative to a proposed structure expansion on a nonconforming lot.  Property is situated in the Single Residence B Zone within the Groundwater Protection District.     

Hearing began at 8:55 p.m.

Sitting on Case:  Richard, Dan, and John.


Notice Read.
BOH letter read dated 4-13-04 and no objections.
Conservation Comm. Letter read dated 4-14-04 and no objections.

The addition is a proposed family room and converting an existing porch into a master bath.  Currently there are 2 baths and they are expanding to 3 baths.

Existing house = 1721 sq. ft.
Addition = 256.5 sq. ft.
15 % increase

Hearing Closed at 9:05 p.m.

Vote in Favor:
John – Yes
Richard – Yes
Dan – Yes

Standard Conditions


Continuance
#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.

Hearing began at 9:10 p.m.

New correspondence was read.
·       Letter from Devin regarding hearings being promptly heard dated 4-14-04.
·       Letter from Dana Clow dated 1-28-04.  He reviewed each item and status with Board.

Devin stated engineers have been in discussion and appear to have met requirements according to the comprehensive permit regulations.

Mike Levin, 157 Mansfield, spoke regarding the easement that ERPOL Construction is looking for from his property.  He met 4-11-04 with David Wuluka and others regarding agreement of easement, but he will be represented by council and stated they are in the process, but can not state where they are or if an agreement will occur.

Dan asked about the cost of a wall.  Wuluka stated he could get that information and the ProForma includes building a wall.  He will get info regarding cost without a wall.

Dale McKinnon, Earth Tech, reviewed his 3/24/04 letter regarding King Philip with Board.
Item 1 – Applicant providing safe stop sight distance, but it is recommended to provide greater.  They must meet minimum sight distance requirement.  Wuluka stated they are able to go beyond the minimum.  Dan requested an updated traffic report from Gillon Assoc..

Item 2 – Earth Tech has not received report on boring, but BOH was present during testing.  Earth Tech has requested report.  This is an issue due to mosquitoes.

Item 5 – They did testing and results will be forthcoming.

Item 4a – EarthTech believes Conservation Commission should see if legally they need to provide easement.

Item 6 – Water pressure concern is issue only if DPW is concerned.


Board inquired regarding the Zone II.  Dale reviewed that it is difficult to specifically pinpoint where Zone II exactly is – It can be placed on plans.

Mark, friend of Dr. Martin & hobbyist astro archeologist, sent letter regarding the site and the astro archeological aspect of the site.  He gave a brief overview of his opinion that King Philip Rocks are not random.

Dana Clow submitted new and supporting evidence for soil.  The official report will be forthcoming.

Hearing Continued till Wed., May 26 at 8:00 p.m..


Next meeting scheduled on Wed., April 28 at 8:00 p.m. in Town Hall.