MEETING RECORD

For

Town of Sharon

Zoning Board of Appeals

On

July 28, 2004

 

 

 

 

Attending Regular Members: John Lee, Lee Wernick

Alternate Members: Walter Newman, Richard Powell

 

The hearing was called to order at 8:04 p.m.

 

Continuance

#1501              Judson, Scott and Elisa                                  432 East Foxboro Street

Applicants seek two findings and a special permit relative to proposed expansion to a structure on a nonconforming lot.  Property is located at 432 East Foxboro Street and is situated in the Rural 1 Zone within the Groundwater Protection District.

 

Hearing opened at 8:06 p.m.

 

Sitting on case: Lee, John, Richard

 

Notice read.

 

Board of Health letter dated 07/14/04 read stating that the proposed addition will not increase design flow and septic system is in compliance will all regulations.

 

Using scale drawings Applicant described the plans.  Proposed expansion will add new master bedroom, but number of bedrooms will remain the same.  The two story planned additions as reconfiguring the bedrooms on the second floor and extending it by 12 ft. which would allow them to make a 12 x 24 (with a 2 foot overhang) master bedroom suite with bathroom.

 

Lower level will be a an addition of a garage bay and addition of driveway drains at the entrance to the new garage and existing garage.  Applicant also included a plot plan of the premises.

 

Applicant stated that the proposed addition will increase living space by approximately 25% in the upper level.  The proposed addition will add 312 sq. ft of living space and 280 sq. ft. to the garage.  The existing living space upper level is 1196 sq. ft. and lower level garage is 776.  Total  existing living space is 1972 sq. ft. with the addition it will be 2284 sq. ft.

 

Applicant closed hearing at 8:10 p.m.

 

Vote in Favor:

John  - Yes

Richard – Yes

Lee – Yes

 

Conditions:  Standard Conditions

 

Hearing closed at 8:11 p.m.

 

Continuance

#1496              Herb Chambers of Sharon, LLC                   55 Gen. Edwards Hwy.

Applicant seeks variances, a special permit pursuant to section 2334(g) and site plan approval under Section 6321 relative to site conditions at 15 and 55 General Edwards Hwy. and 845 Old Post Road.  Property is located at 55 General Edwards Hwy., 15 General Edwards Hwy., 845 Old Post Road and 000 Field Street and is situated in the Light Industrial Zone District.

 

Hearing opened at 8:12 p.m.

 

Notice read.

 

John read letter from Peter O’Cain Asst. Town Engineer dated 7/27/04 stating that due to heavy workload, review of plan was not possible by July 28, 2004.  Noted that some items were still missing from the filing.

 

Correspondence from Sharon Board of Health Jim Andrews indicating that no septic system submittals have been done as of date of letter.

 

Letter from Conservation Commission Greg Meister that the commission continues to review proposal but the commission has not had suitable time to fully review project and provide response.  Recommendation that Board await response from Engineering and Board of Health.

 

Correspondence from Sharon Police Chief, Dennis Mann indicating no issue with Applicants plans but deferring to Engineering department regarding sight distances and other issues relative engineering.

 

Attorney Joel Fishman summarized materials presented to Board, and the prior hearings on this matter.  Attorney Fishman introduced Mark Regent.

 

Mr. Regent described visiting other Lexus dealerships in different parts of the United States for design ideas.  He described in detail the plans for the dealership that includes valet parking. 

 

Richard Merrikin, Applicant’s Engineering representative gave an overview of changes to Applicant’s plan, including modification of rear berm.  He described the drainage system and catch basins.  He described the septic system will be under pavement and will be vented. 

 

Mr. Merikin described plans completed by John Lineck, Applicant’s Landscape architect.  He described in detail the plantings that will be done, including species.    There will be a 12 high headwall which acts as a retaining wall.  Landscape architect recommends mix of white pines and Norway spruce for durability.

 

John Lee asked about other retaining walls in the Applicant’s plans and the depth of the retaining walls.  Walter suggested the addition of an attractive balustrade on the top of the wall.

 

Mr. Merrikin described the lighting plan.  77 lights, 28 feet tall on a 2 foot base, with a total of 30 feet.  Lights will be pointed in and down, shielded from the property in back.  Average lumens for site is 17.8. 

 

Bob Higgins  2 Carriage Lane, a direct abutter spoke.  He was concerned regarding the lights and the fact that they will be 28 feet high and is concerned that the light will affect those next to the property.  He suggested that the lights should be at a lower height (20 feet).  He questioned the amount of time the lights will be on.  Present plans is to have lights on until 11 p.m. and suggested having the lights in the back area turned down to 50 percent at scheduled closing time. 

 

There was discussion about the height of the lighting poles and spacing between lights.

 

William Good of Carriage Lane, discussed a letter to Joel Fishman from Robert Higgins dated July 25, 2004. that addressed in part, lighting of the property.  The reason for requesting shorter poles is to avoid light scatter.  Mr. Good also discussed who will be responsible for watering proposed plantings. 

 

Attorney Fishman requested that his Memorandum in Support of application submitted May 26, 2004 be incorporated into the minutes as if he had read it in its entirety.

 

Case cont. until 9/08/04

 

Hearing closed at 9:08 p.m.

 

New Case

#1502              Sands, Gordon and Nancy                             131 Mansfield Street

Applicants seek two findings and two special permits relative to proposed expansion to a structure on a nonconforming lot.  Property is located at 131 Mansfield Street and is situated in the Rural 1 Zoning District.

 

Hearing opened at 9:10 p.m.

 

Sitting on case: Walter Newman, Richard Powell, John Lee

 

Notice Read.

 

Board of Health letter dated July 27, 2004 read stating that the proposed screen porch addition and bump out will not increase design flow.  The septic system in place requires a upgrade of a 1500 gallon septic tank and distribution box.  Board of Health permit 8056 had been issued to complete this work.

 

Conservation Commission letter dated July 28, 2004 read no objection

 

Applicant described proposed expansion addition for a new porch and back hall.  The project also includes remodeling of the existing kitchen and dinning room space and reconfiguration of enclosed space to create room for the new hall, laundry and new half bathroom.  Also addition of a new deck.  The only change on the second floor will be the relocated window and A/C unit.

 

Applicant stated the proposed addition will increase by 284 sq. ft.  Existing structure is 2098 sq. ft .  The proposed addition will be a 13.5% increase.

 

The Board asked if there will be any heat or water on the screen porch.  Applicant stated there will not be any heat or water on the screen porch.

 

Jen Santos, 118 Mansfield St. spoke in favor of Gordon and Nancy Sands.

 

Applicant closed hearing at 9:16 p.m.

 

Vote in Favor

Richard – Yes

Walter – Yes

John – Yes

 

Conditions: no heat or water on the screen porch.  Also standard conditions.

 

Hearing closed at 9:17 p.m.

 

New Case

#1503              Miller, Stanley                                                           53 Harding Street

Applicant seek two findings and a special permit relative to proposed expansion to a structure on a nonconforming lot.  Property is located at 53 Harding Street and is situated in the Rural 2 Zone within the Surface Water District.

 

Hearing opened at 9:19 p.m.

 

Sitting on case: Walter Newman, Richard Powell, John Lee

 

Notice Read.

 

Board of Health letter dated July 27, 2004 read.  Stated the proposed tear down and rebuild will not change in design flow.  Currently a set of plans in compliance is on file.  A new permit is required by the applicant who has agreed to re-permit the project.

 

Conservation commission letter dated July 28, 2004 read.  Stating the applicant has submitted a proposal which does not extend closer to the adjacent isolated wetland than the existing residence.  Therefore, no objection.

 

Applicant read from a letter to Joe Kent.  Applicant propose that the building should be razed and building a new house, within the existing foundation foot prints.

 

John read Joe Kent’s letter in response to the applicant letter.  The letter stated the structure is to the point of replacement rather than repair.  The original construction is marginal in that the structural assemblies are substantially undersized.   That the foundation is unable to adequately support existing construction, the floors are sagging and there appears to be considerable water and insect damage.   In addition there is a pervasive decay related stench throughout the first floor.

 

Applicant gave a brief overview of the reasons for razing the existing structure.  Originally Applicant planned to remodel the premises.  Applicant stated that it would cost more to repair the structure.  Applicants plan does not add any bedrooms, and reduces the first floor square footage.  Applicant intends to add a ½ bathroom on the first floor and will have a ¾ second floor.  Applicant noted that he has a septic system plan submitted to the Sharon Board of Health.

 

John read a Letter from Jim Anderson, Sharon Board of Health stated that a new permit is required and that the Applicant has agreed to re that has been approved.  John pointed out that the plan was submitted 4 years ago.

 

There was discussion amongst the Board regarding how much non-conformity may be re-built when the existing structure is destroyed.  There was discussion amongst the Board on the Applicant’s need to return to the Board with an approval on septic permit..

 

Mr. Kwaku a resident of 58 Barefoot Hill Road raised a question to the Board regarding why the Board is asking the applicant to have the septic system plan to be re-permitted.  Board responded that the plans are 4 years old and need to go through an approval again.

 

Case continued until September 22, 2004.

 

Hearing closed at 9:55 p.m.

 

 

 

 

New Case

#1504              Montella, Michael and Marybeth                            5 Francis Road

Applicants seek two findings and two special permits relative to proposed expansion to a structure on a nonconforming lot.  Property is located at 5 Francis Road and is situated in the Single residence B Zone within the Groundwater Protection District.

 

Hearing opened at 9:57 p.m.

 

Sitting on case: Walter Newman, Richard Powell, John Lee

 

Notice read

 

Board of Health letter dated July 26, 2004 read.  Stating proposed expansion will not increase design flow.  The septic system in place is in compliance with all state and local regulation.

 

Conservation Commission letter dated July 28, 2004 read.  No wetland areas were found.  No objections. 

 

Board reviewed the plans submitted by the applicants.  The Board noted that Applicants need to submit a current certified plot plan in order for the Board to render a decision.  Board suggested a more detailed footprint layout should also be provided.

 

Case continued until October 13, 2004.

 

Hearing closed at 10:10 p.m.

 

 

Next Zoning Board meeting is scheduled on August 4 at 8:00 p.m. in Town Hall.