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Minutes of May 12, 2004
MEETING RECORD
For
Town of Sharon
Zoning Board of Appeals
On
May 12, 2004


Attending Regular Members: Dan Rosenfeld, Richard Powell, Lee Wernick, John Lee
Alternate Member: Walter Newman

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

New Cases

#1494           Archer, Steve                   36 Quincy St.
Seeking two findings and a special permit relative to proposed expansion to a structure on a nonconforming lot.  Property is situated in the Single Residence B Zone.

Sitting on Case: Dan, John, Richard, Lee, Walter

Notice Read.
Conservation Commission letter dated 5/11/04 read and no objections.
Board of Health letter read and they would like the septic system upgraded.

Applicant described the project to place dormers in attic to allow more living space.   Property is currently 3 bedrooms and will remain three bedrooms.  Applicant proposes removal of middle bedroom allowing a set of stairs going to the attic. Attic would then have third bedroom and an extra room.  Applicant described new high tech septic system he is planning to use.

The Board has decided that since the applicant is putting the new septic system in the back yard and it is less than 100ft from the stream, that he will need a filing from the Conservation Commission.

The Board requests building permits pulled from previous renovations done 5 years ago in order to investigate if special permits were granted by this board.

The Board discussed the case, however decided that a more detailed plan is needed of third floor and remainder of house and what will be on each floor.

The Board stated that if all concerns are met on May 26, 2004, any approval will be with the condition that there is Board of Health approval of new septic system.

Hearing  closed at 8:45

#1495           Charles Heinberg                                        440 N.Main St.
Applicant seeks two special permits relative to parking vehicles from 450 N. Main Street on the property at 440 N. Main Street.  Property is situated in the Single Residence A Zoning District.

Sitting on case:  Dan, John, Richard, Lee, Walter

Notice Read.
Conservation Commission letter dated 5/11/04 read and no objections, but recommendation for Conservation restriction

Board of  Health letter dated 5/10/04 read with concerns: 1) 440 N. Main St. being residential has it passed title 5 inspection?; 2) septic system not of commercial use rating.; 3) must be protected from traffic flow.

Paul Lawrence, attorney for applicant, briefly reviewed project.  31 spaces is not adequate to serve needs of building. Requesting 18 additional spaces to be used for building staff only.

Mr. Lawrence argued the following:  proposed use is in harmony with purpose and intent of By-law changes.  To be done without detriment to neighborhood. Parking is as close to Prof. building as can be.  House will remain on property as buffer.  Special permit conditions:  1) crushed stone parking area looks non-commercial; 2) no lighting will shine on residences.

Dan suggested that a traffic study be completed on how it will impact traffic at Cobbs Corner Intersection and  how to intergrate lots on entering and exiting.

Paul Millner, tenant of building, 403 Massapog St., stated that he feels that it would improve the traffic situation by making it safer for entering and exiting the lot.

Martin Sydel, 439 N. Main St., lives directly across the street and feels that moving the exit will make it easier for him to back out of his drive way.

Milly Berman, 31 Bayberry Dr., states that she has trouble parking when she comes for an appointment and feels adding additional spaces for the staff will take care of that problem.

Mrs. Bergman, 430 N. Main St., does not agree, she feels that it will be more traffic in area.

Susie Hamilton, 436 N. Main St.,  has adjacent property to lot  and has concerns about the buffer and wet lands.  The Board suggested that she submit in writing a plan that would satify her concern and Board will take her suggestion into consideration.

Jim Freeman, 31 Eisenhower Dr., states that he was at the Town Meeting when they were voting on the addition spaces and 20 spaces were approved.  He voted for additional spaces.

Barbara Christian, Canton resident, states adding addition spaces would make parking easier.  She said that her children had an appointment at the building in the winter and there were no parking spaces left in the lot.  She had to park in Brook's Pharmacy lot and walk.  It was in the winter and the walking condition were very unsafe.

Arnold Kublin, Partridge Hill, found parking difficult had to park elsewhere and found walking back unsafe.  

The Board suggests there be a cap on 18 parking spaces.

Case cont. until 6/23/04   

Hearing closed at 9:35 p.m.

#1472   Old Post, LLC                                   Old Post Rd.
Seeks a Comprehensive Permit under section MGL Chapter 40B to allow a 66 unit, residential condominium development consisting of apartment type units.  Property is located on the eastern side of Old Post Road at the Sharon/Walpole town line and is in the L-1 Light Industrial Zoning District.

Hearing opened 9:40 p.m.

Dan suggests that only matter to be considered this evening be Peer reviewers. There are 3 Peer Reviewers bidding on this project.  They are Mainstream, Pfishner and Gayle Associates, Inc.  Dan asked J. Gavin if he had a preference.   J. Gavin stated that Mainstream was unaceptable because there was no outlined proposal and no cost amount.  His first choice would be Pfishner's fee at $3600.00 with good qualifications.  Gayle Assoc. Inc. is requesting a budget of $10,000.00.

Dan informed J. Gavin that the Board will make a decsion on who the Peer Reviewer will be and let them know in the earlier part of next week.  Continued until 7/14/04 to allow time to prepare.

John Lee, 509 Old Post Road, stated that he had traffic and enviormental issues.

Hearing closed 10:05 p.m.  

#1496           Gagnon, Jeffrey         96 South Pleasant St.
Seeking two findings and a special permit relative to proposed structure expansion on a non-conforming lot.  Property is situated in the Single Residence B Zone within the Groundwater Protection District.

Vote in Favor:
John - Yes
Richard - Yes
Walter - Yes

Conditions:     1) Nitrogen Removal System added with approval from Board of Health.
2) The new structure/porch will not increase the non-conformity of the front of the house to street.
3) No more than 3 bedrooms.
4)  5 foot entry to study


Hearing closed at 10:17 p.m.

Next Zoning Board Meeting scheduled on Wed., May 26, 2004 at 8:00 p.m. in Town Hall.