MEETING RECORD
For
Town of Sharon
Zoning Board of Appeals
On
June 30, 2004
Attending Regular Members: Dan Rosenfeld, John Lee, Richard Powell, Lee Wernick
Alternate Members: Walter Newman, Janis Edinburg
The hearing was called to order at 8:02 p.m.
Continuance
#1482 Singer, Marcy 11 Owl Drive
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.
Sitting on case: Janis, Dan, John, Lee, Richard, Walter
Hearing opened at 8:04 p.m.
Notice read
Applicant provided the Board with revised plans dated 6/27/04. Modifications were made to the in-laws addition enter brought into existing house, removal of all sliders on back deck and second bathroom was made a half bath. The only entrance to the back deck is through the screen porch and sliding windows are 5x5.
The new plans met all the Boards concerns.
Hearing closed at 8:10 p.m.
Vote in Favor:
John - Yes
Janis –Yes
Dan – Yes
Conditions:
1) Four bedroom deed restriction
2) No separate utilities
3) Approved with new septic system contingent upon Board of Health approval.
4) Standard conditions.
Hearing closed at 8:15 p.m.
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 opened at 8:16 p.m.
Notice Read.
Dana Cow read from the letter dated 5/18/04. Based upon the flow test and calculations have determined that a fire flow of approximately 1,365 GPM at 20 PSI residual pressure would be available at the high point of the water system on-site. This level of fire protection meets and exceeds the recommendations of the ISO in all instances based upon the current proposal as shown on your Preliminary Site Development Plan.
Dale Mac Kinmon, read and discussed letter dated 5/28/04. Based on the testing information provided there does appear to be some ability to infiltrate the stormwater in the proposed infiltration basin. The final design of the infiltration basin should address the amount of time that the basin will need to infiltrate the 2-, 10-, and 100-year storm. We suggest the 10 year storm be infiltrated within a minimum of 2 days.
The May 18, 2004 correspondence from Advanced Concepts Engineering Corp reviewed and have the following comments.
Flow test calculations do not take into account any elevation difference between the flowing hydrant and the residual hydrant. If the residual hydrant is lower than the flowing hydrant, then the reported “residual” pressure is higher than would actually be available, thereby decreasing the available fire flow.
Flow test was conducted at 9:30 am on May 18, 2004. This may not be representative of system conditions at peak demand periods.
Fire flow requirements are typically established by the local Fire Department, who may choose to use ISO guidelines. Reference to ISO guidelines as the final determination of fire flow requirements may not be sufficient.
Analysis only considers the available fire flows at 20psi residual. Proponent also needs to ensure that all service locations have a minimum pressure of 35 pi under all other demand conditions, prior to concluding that a water pressure boosting pump station is not required.
Peter O’Cain’s letter dated 5/26/04 read. Stating Advanced Concepts Engineering Corp.’s calculations are credible and meet the minimum ISO requirements for 750-1000 gam for recommended fire flow. The Engineering Division believes that suitable evidence of water systems adequacy has been provided by the applicant of the King Phillip Estates 40B development. That said, fire flow requirements generally require more than 20 pi of pressure for effective fire fighting capacity and approval by the Sharon Fire Department is needed.
Dennis Mann, Sharon Fire Depart. Chief’s comments dated 6/2003 read. Stating concerns with the grade, 8-10%. If the grade is to steep, the fire apparatuses are unable to reach a fire.
The Board states they need a follow-up on the Fire Chief’s data.
Jack Gillian, discussed memo dated 5/4/04 addressing site distance coming from the north. Memo states in part. Since the emerging motorist has his eye approximately 36 feet from the abutting property, the frontage leg required along the property is about 130 feet. Therefore, the sight easement should extend to the boundary line of number 145 Mansfield St. but no easement is required in front of number 145 Mansfield St.
Mr. Gillian also, discussed memo dated 4/12/04 which states the trees that are needed to be removed. Memo states in part. Since the distance from the front of most vehicles to the drivers eye is less than eight feet, the available 12.5 feet will have the existing motorist stopping with his front bumper about 4.5 feet away from Mansfield street which is safe. More over, the available stopping sight distance from 12.5 feet back is just less than six hundred feet. Further, the proponent has agreed to install a “STOP LINE” approximately 4.5 feet back from Mansfield St. if so requested by the Town.
Mike Burkes memo dated 6/30/04 read. Concluding that although proponents have provided a plan for King Phillip Drive (looking right) that would provide the minimum SSD recommended by AASHTO, it is not known whether or not the layout would be acceptable to the Town. Beyond this is the fact that the sight distance that can be made available at this location is significantly less than the AASHTO ISD requirement.
Dale MacKinnon, read memo from Michael Ohl, dated 6/30/04. Memo states in part. In response to Item 2. Advanced Concepts Engineering Corp. needs to investigate through a review of the water distribution system that the pressure available to the proposed development will remain above 35 psi under all system demand conditions and remain above 20 psi under all fire flow system conditions. In response to Item 4. This does not demonstrate that the 35 psi would be available under all system demand conditions, since the “water supply curve” is based on the average conditions of the flow test data. If the flow test were conducted during a higher system demand period , the “water supply curve” would be different.
Attorney Robert Devin, states they could met the stopping site distance standard.
Dale MacKinnon, stated that the stopping site distance does not meet the 10 feet site stopping distance. The Board discussed site distance coming out of King Phillip Dr. onto Mansfield St.
Dan read Mark Orzak’s letter dated 5/13/04. His letter outlined concerns with the winter runoff and the storm water plans.
Greg Meister then spoke regarding the retention basin.
Testified that he had not seen any evidence that the applicant cannot comply with regulations regarding leeching systems.
Dana Clow stated that it is their intention to comply with Conservation Commission concerns, and that there is no intent to ignore the Conservation Commission requirements.
A Resident of 45 Furnace Street spoke of the need for the Board to consider possible archeological significance to the area proposed for development.
Jim Barron of Mansfield Street spoke that there are a number of blind areas on Mansfield Street and mentioned that there are convex mirrors installed on various parts of the street to allow drivers to see the blind areas.
Lois Levine of 157 Mansfield Street, read her letter stating a number of concerns to the application. She noted possible dangers to a cement wall that may be built and concerns of water runoff onto her property.
John Lee explained concerns that the Applicant has not provided the Board with information on the economic impact to project if the Board were to grant only certain waivers. Attorney Devin stated that if the Board does not grant all the waivers, then the project could not go forward. This would happen even if one of the waivers was not granted. There was discussion between the Board and attorney Devin on that issue.
Hearing closed at 10:03 pm.
Continuance
#1489 Whitman Homes Glendale Road
Applicant seeks a Comprehensive Permit under MGL Chapter 40B, Section 20-23 for development of thirty-two town house condominium units, comprised of nine buildings, plus one existing home located at 9 Glenview Road. Property is located off Rob’s Lane, Town of Sharon Assessor’s Map 102-Parcels 87,88 and 92-1 and is zoned Residential B.
Hearing opened at 10:05 p.m.
Notice Read
Sitting on case: Janis, Dan, John, Richard, Walter
Applicant’s Attorney spoke and reviewed history of the matter. He noted that the Applicants representative met with the Town’s conservation agent and Asst. Town Engineer. Applicant’s Attorney stated that revisions were made to reduce the number of units from 32 down to 28, and reduce the number of buildings to 6.
John Rockwood, an environmental representative then testified regarding investigation of 3 potential vernal pool areas located on the property. He recounted that the results of a site-walk showed that one of the ponding areas met the conditions to be considered a vernal pool.
John questioned Mr. Rockwood concerning the organisms found in the pool and how they were collected.
Ms. Jane Hyman of 3 Robbs Lane raised a question to Mr. Rockwood asking if it were possible to find organisms in a pool at a different time of year, where there previously were none found. Mr. Rockwood indicated it would be possible.
John Rhodes, Applicants civil site engineer submitted a traffic report and memorandum. He discussed the modified plan. John raised a procedural question regarding the revised plan and whether that constitutes an entirely new application.
Mr. Whiten spoke that the revised plan should be considered a new plan subject to all notice requirements. John indicated that he would like to consult with Town Counsel on this issue, but also wanted Applicant’s representatives to continue with presentation.
Mr. Rhodes continued with his presentation of the plan. He noted the change in the spacing and size of the buildings in the new plan. He indicated that the revised plan encompassed safety changes done after discussion with the Sharon Fire Chief. Mr. Rhodes also discussed location of storm water basins and flow of water. He also indicated that more soil tests would be conducted.
The Board questioned Mr. Rhodes on changes to buildings proposed in the revised plans. There was discussion of pumping requirements.
Alice Cheyer asked about plans for removal of trees and vegetation. John Rhodes indicated that there will be some removal of trees, but there will also be addition of new trees and vegetation in appropriate areas.
Jane Hymann, resident of Robbs Lane, raised a question if there still will be a clubhouse. Mr. Rhodes indicated new plans do not have a clubhouse.
Mary Tobin 120 Glendale Road, asked whether there will be any increase in flow of water to a stream that flows into her property. Mr. Rhodes indicated that there would be no increase in the rate of flow.
A resident of 174 Billings Street, requested specifics in the revised plan on the retaining wall revisions. Mr. Rhodes indicated that the wall would be smaller.
Hearing closed at 11;18 pm
Next Zoning Board Meeting scheduled on Wed., July 14, 2004 at 8:00 p.m. in Town Hall
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