MEETING RECORD
For
Town of Sharon
Zoning Board of Appeals
On
June 23, 2004
Attending Regular Members: Dan Rosenfeld, John Lee, Lee Wernick
Alternate Members: Janis Edinburg, Walter Newman, Richard Powell
The hearing was called to order at 8:04 p.m.
New Cases
#1498 Small, Keith and Lori 140 Hampton Road
Applicants seek two findings and special permit relative to proposed expansion to a structure on a nonconforming lot. Property is located at 140 Hampton Road and is situated in the Rural 2 Zone within the Surface Water Protection District.
Sitting on Case : Dan, John, Richard, Janis, Lee, Walter
Notice Read.
Conservation Commission: Greg gave a verbal no objection.
Board of Health letter dated 6/24/04 read stating will not increase design flow. The leaching field in place is in compliance with all state and local regulations.
Applicant described the expansion of the sunroom on the first floor by 570 sq. ft. and removal of the deck. Applicant described the expansion of two existing bathroom and walk-in closet by 320 sq. ft..
Hearing closed at 8:10 p.m.
Vote in Favor – with normal conditions
John - Yes
Richard – Yes
Dan – Yes
#1499 Lopes, Joseph 7 Flintlock Road
Applicants seeks two findings, and a special permit relative to a proposed expansion of a sunroom space to a structure on a nonconforming lot. Property is located at 7 Flintlock Road and is situated in the Single Residence B Zone within the Ground Water Protection District.
Hearing opened at 8:14 p.m.
Sitting on Case: Janis, Dan, John, Richard, Walter, Lee
Notice Read.
Board of Health letter read – no objections
Conservation Commission – Greg gave a verbal no objection.
George MacGrady spoke for Applicant and described plans to turn the existing deck into a sunroom. No new deck will be added. The sunroom will be 12 x 15 ft and can not be heated. Mr. MacGrady provided the Board with pictures of the proposed sunroom.
Hearing closed at 8:20 p.m.
Vote in Favor
John – Yes
Richard – Yes
Dan – Yes
Conditions – no heating or plumbing
#1500 Weisman, Ann 119 S. Main Street
Applicant seeks a variance relative to rear yard fencing in excess of six feet. Property is located at 119 S. Main Street and is situated in the Single Residence B Zone within the Groundwater Protection District.
Hearing opened at 8:22 p.m.
Notice Read.
Board of Health letter dated 6/22/04 read no concerns at this time
Conservation Commission- Greg gave verbal no objections
Applicant described plans to increase the fence from 6ft to 8 ft. in the rear of property and 6ft fence on both sides.
John Motolesky rear abutter stated approval for plant.
Hearing closed at 8:26 p.m.
Vote in Favor – 8ft. fence on back property
John – Yes
Richard – Yes
Dan – Yes
Continuances
#1495 Heinberg, Charles 440 N. Main Street
Applicant seeks two special permits relative to parking vehicles from 450 N. Main St. on the property at 440 N. Main Street. Property is situated in the Single Residence A Zoning District.
Hearing opened at 8:34 p.m.
Notice Read.
Paul Lorincz, Attorney for Dr. Heinberg presented a traffic study and information on lighting .
Traffic Assessment letter dated 6/18/04 read..
Michael Abend, Traffic Planning Service made the following recommendations. The bushes and trees just west of the exit driveway be removed so that visibility to the right for exiting drivers is adequate. With this clearing it is expected that the sight lines will be more than adequate, extending several hundred feet to the west along North Main Street.
Additional recommendations include the following.
Provide signs indicating that the parking is private parking only with violators to be towed.
Parking for the residents of the single-family house (two spaces) should be designated on the plan.
The area along the entrance to the site and the professional building driveway should be maintained to allow for pedestrian circulation between the two lots without having to walk onto North Main Street. It is estimated that parkers in the first half-dozen spaces closest to the street will find this route to be more convenient than the steps at the northerly end of the lot.
Mr. Abend’s opinion was that the proposed parking for the professional building on the adjacent site at 440 North Main Street can be provided in a safe and efficient manner. Access to the site will include separate inbound and outbound driveways and parking will be along the easterly side of the site, with a stairway connecting the two sites for pedestrians. The exit from the site is in a location that will be better than the existing professional building exit location. Although the overall parking supply will be increased, there will be no increase in traffic associated with the professional building since the activity at the building will not be changed as a result of this proposal. It is recommended that private parking signs be posted within the lot, that “enter-only” and “exit-only” signs be posted at the driveways and that the area between the existing driveways to the two sites be maintained to provide safe access between the lots for pedestrians.
The Board had requested at the last hearing that the two lots should be integrated. New plans were presented that show the lots had not been integrated. The Board indicated desire for one entrance and one exit for both lots.
Dr. Heinberg stated the difference in grade at that point in the back corner is about 7ft. John states that he went to the site and stood in it and he is not 7ft. John stated the grade is probable 51/2 – 6 ft. At 5% grade which is code means the ramp is at least 120ft. long. 5% is the handicap code. The area where the ramp is adjacent to the wet lands. The concern of the Conservation Commission is fill immediately adjacent or going into the wet lands area. Part of the rear access turn around the rear of the property is within the 100 ft buffer zone. The Conservation Commission stated they do not want anything changed in that area. Dr. Heinberg described the ramp in great detail.
Dan wanted to know if the Applicant engineer had indicated that they could not integrate the parking lots without impacting within the 100ft buffer. Dan questioned if it would be possible to put a ramp in to connect both lots without impacting the area within the 100ft buffer. The engineer stated that it is not possible.
The Board inquired if the new parking lot needed handicap parking spaces and is there ratio for handicap parking per lot.
The Board inquired if the law allows them to treat the lots as one or not. The Board requested that Applicant research this matter.
The Board noted the previous special permit limits the number of offices in the building.
Jeffrey Marhen, 29 Apple Valley Dr., expressed concern that new conditions appear to be added at each hearing.
Greg Meister stated he would like to impose clear cut line condition that in the future the wet lands will not be disturbed.
James Politio, Former Fire Chief in town and patient of Dr. Heinberg’s, stated that one time he came for an appointment. the traffic was unsafe. Unable to get a parking spaces he went over to tri-town parking lot and parked Then he had to cross Washington Street to walk back to the building and that is unsafe.
Jim Freedman – Eisenhower Dr, stated the Town Meeting took a vote to change the residential zone to a business zone but, it failed only by 3 votes. He also, informed the Board what was discussed at the Town Meeting.
Debbie Pittman, 41 Bay Road, expressed concern with the safety problems with the traffic at the corner. She wanted to know who owns the brush in the west corner that needs to be removed. She would like a new process put in place to protect the wet lands.
Joe Kent’s letter dated 12/10/02 was read. John noted the need to obtain more information on how many units in the building are occupied. The Board expressed desire to have Joe Kent to review these issues.
Ed Hershfield – explained condition #7 and stated that there would only be a certain number of tenants. That there was restriction to 5 or 6 occupied areas. Dr. Heinberg stated he met all the building and parking requirements. He described the meaning of occupied spaces.
Dan discussed Joe Kent’s letter that the conditions are not in favor. John noted the need to revise special permit and is it in compliance with the special permit. Joe Kent’s letter states that the previous special permit might be in violation. Dan also discussed concerns with the traffic report. Dan noted that he would like the issue of whether the applicant is in compliance with the special conditions to be addressed and wanted a better understanding of that subject.
Applicant discussed history of the permit for the second floor. He noted that the original tenant, Beth Israel Healthcare subletted to Dr. Eric Levin space on the second floor. Applicant testified that permit was sought to finish second floor, but was denied by Joe Kent. Applicant then sought opinion from Town Counsel. That opinion was favorable to applicant and building permit was issued. Applicant stated he would provide the Board with a copy of opinion.
Applicant also stated after inquiry from Richard that the lighting would be directed towards the building and away from the abutter. Applicant stated that he would provide copies of previously approved plans detailing the existing building and parking.
The Board noted that an abutter attending the last meeting, had not submitted in writing suggestions for screening, but told the Board verbally that she desired plantings to be used as screening.
Hearing closed at 10:05 p.m.
Matter is continued to September 8, 2004.
#1482 Singer, Marcy 11 Owl Dr.
Applicant seeks two findings and two special permits to a proposed in-law addition to a structure on a nonconforming lot. Property is situated in the Single Residence Zone within the Groundwater Protection District.
Hearing opened at 10:06 p.m.
Sitting on Case: Janis, Dan, John, Richard, Walter, Lee
Letter dated June 22, 2004 from Jim Andrews was read and noted decision will be approved when revised permit is submitted.
Letter from Sharon Board of Health May 26, 2004 read. Septic system was designed for a four bedroom home and in addition the Board will be requiring a deed restriction stating that the home will remain 4 bedroom home.
Letter from Sharon Board of Health dated June 9, 2004 read clarifying that the septic system may be constructed without variances from Art. 7 of Sharon Board of Health Rules and Regulations.
Applicant described the plans for a single story in-law addition that consists of a in-law bedroom, living room and study, along with 2 bathrooms. Applicant noted that the property will still remain a 4 bedroom, since one bedroom on the second floor is being taken away to expand the master bedroom.
The Board discussed applicant’s plan to have a sliding glass door from the in-law bedroom to a new deck.. The Board noted that this presented a problem because the sliding glass door could easily be used as a separate entrance and exit to the in-law apartment. Applicant stated that the reason for the sliding glass door was to afford in-laws some degree of privacy in use of the deck. Board suggested that entrance to the deck be made in common with the main house. Richard suggested that access to deck be made through the space marked as foyer.
After discussion with Board, applicant agreed to consult with architects for alternatives to using sliding glass door as access to deck.. There was also discussion between Applicant and Board on revising plans to have 1 and ½ baths in the new addition, instead of two full baths. Board also expressed disapproval on any plans to have separate utilities to the in-law addition.
Case cont. until 6/30/04
Hearing closed at 10:34 p.m.
#1487 Sr. Operations, Inc. 1075 Providence Hwy.
Applicants seeks special permit relative to subdividing an existing parcel and extending and altering a prior impervious material non conforming condition. Property is situated in the Light Industrial Zone within the Groundwater Protection District
Sitting on case: Janis, John, Walter
Hearing opened at 10:35 p.m.
Applicant’s attorney Len Simons provided a summary of previous plans. Proposal is to divide the property and to sell a 9.1 acre lot for use as a car dealership. Purchaser and seller desire to know they have a legal lot before expending money to develop on the land.
There was discussion of plans for recovery of water and recovery wells. Discussion that there is an easement making previous owner responsible for clean up. There was discussion that Greg Meister and the Town of Sharon Engineer concur that the plan is acceptable and adequate for expected business use.
John expressed concern that the Board is being asked to take an non-conforming lot and increasing the non-conformity by splitting off the parcel. There was discussion that the Board is a precedent setting body and concern that other similar applications could follow.
The Board along with Applicant’s representatives discussed how water runoff will be collected. Present plans call for collection of roof runoff to be separate from runoff from parking lot. Parking lot runoff will be subject a oil water separator before going out to the leeching field. Greg Meister noted that he originally had some concerns, but is satisfied with plans.
Case cont. until 7/28/04
Hearing closed at 11:15 p.m.
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