For
Town of Sharon
Zoning Board of Appeals
On
Alternate Members: Walter Newman, Janis Edinburg
The hearing was called to order at 8:03 p.m.
Continuance
#1506 Acheampong, Kwaku and Joyce 58 Barefoot Hill Road
Applicants seek two findings and a special permit relative to proposed expansion to a structure on a nonconforming lot. Property is located at 58 Barefoot Hill Road and is situated in the Rural 1 Zone within the Ground water Protection District.
Sitting on case: John, Dan and Richard
The Board Members and Applicant reviewed the new plot plan with correct measurements.
Vote in Favor
John – Yes
Richard – Yes
Dan – Yes
Conditions: The basement will have no heating or plumbing.
Hearing closed at 8:06 p.m.
Continuance
#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.
Sitting on case: Richard, John and Walter
The Board Members review new plot plan provided by Applicants
Applicant closed hearing at 8:10 p.m.
Vote in Favor
John – Yes
Richard – Yes
Walter – Yes
Hearing closed at 8:11 p.m.
New Case
#1510 Horowitz, Noah and Jessica 48 Ames Street
Applicants seek two findings and a special permit relative to proposed habitable space expansion to a nonconforming structure as defined in Sharon Zoning Bylaw sec.2434. Property is located at 48 Ames Street and is situated in the Single Residence B Zoning District.
Hearing opened at 8:12 p.m.
Sitting on case: John, Richard and Walter
Notice read
Board of Health letter dated 10/13/04 read. Stating septic system in place is in compliance with all state and local regulation
Conservation Commission letter dated 10/09/04 read – No objections
Applicant described plans for a 12 X 28 addition to enlarge kitchen and master bedroom and add a half bathroom.
Board members reviewed the plans.
Existing living space: 1422 sq ft
Proposed living space: 336 sq ft
Hearing close for vote at 8:23 p.m.
Vote in Favor
Walter – Yes
John – Yes
Richard – Yes
Hearing closed at 8:24 p.m.
New Case
#1511 Schenkler, Barbara 34 Sunset Drive
Applicant seek two findings and special permit relative to proposed structure expansion on a nonconforming lot, and a special relative to an in-law apartment. Property located at 34 Sunset Drive and is situated in the Rural 1 Zone within the Groundwater
Protection District.
Hearing opened at 8:25 pm
Sitting on case: Dan, John, Richard
Notice read
Board of Health letter dated 10/13/04 read. – No objection
Conservation Commission letter dated 10/09/04 read. – No objection
Applicant described plans to add an in-law apartment above the existing garage. And turn the existing garage into a basement. A new two car garage will be added onto that structure. Applicants In-law’s requested that a set of stairs be added to the outside of the house.
John read from the Zoning By-laws stating any additional units share a common entrance in the existing structure.
The Board request that the Applicant return with a modified plans showing a set of stairs in the garage coming up into a common area. A new plot plan is required.
Arnold Kublin, 17 Partridge Hill, represents the Council of Aging. States that the applicant came to him asking for help. He feels that the By-laws should be changed to accommodate the Seniors with in-law apartments. Walter responded that this Board has never denied an In-law apartment.
Hearing continued until Nov. 24
Hearing closed at 9:00 p.m.
Continuance
#1495 Heinberg, DDS,Charles 440 N. Main St.
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 9:01 p.m.
Dan read letter from Attorney Paul Lorincz, Attorney for Applicant, dated 10/06/2004. Attorney Lorincz letter, in part, reported his findings on the issue of temporary or conditional permit.
Although there is no provision for a temporary or probationary special permit, Massachusetts law holds that a special permit may impose conditions, safeguards and limitations on time or use. Attorney Lorincz concluded that the Board can grant a special permit for a specified period of time in order to preserve an opportunity for Board review of the operation of the additional perking area as a means of insuring that it is safe operation.
Attorney Locincz’s letter suggested a special permit condition to require the applicant to post a sign stating Employee Parking Only, Violators will be Towed.
Dan read letter from Joe Kent, Sharon Building Inspector, dated 10/01/04, regarding current status of compliance report. Mr. Kent’s letter stated that in his opinion, there are currently 6 separate “occupied areas” in the building at 450 North Main Street. According to Mr. Kent, there are building permits for all occupied areas but in his opinion, Condition #7 of the special permit was never modified to reflect the current occupied areas and tenant arrangements.
John expressed concerns about the violation of the special permit that was issued. Walter indicated that he wants a parking management plan and a list of tenants and parking spaces for patients and employees.
The Board discussed Attorney Lorincz’s letter.
Hearing closed at 9:30 p.m.
#1472 Old Post, LLC Old Post Road
Applicant 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 at 9:33 p.m.
Dan read letter from Gale Associates dated 9/23/04. Gale received site plans, plan entitled “Site Distance Plan and Profile” and plan entitled “Autoturn Plan”. Gale letter indicated that Vanasse and Associates will forward traffic comments in a separate letter. Letter also stated that site plans revised 09/17/2004 adequately address Gale’s remaining concerns.
Dan read letter from Jeffrey Dirk, of Vanasse and Assoc. dated 10/04/04. This letter stated, in part, based on review of 09/17/04 revised site plans, VAI is satisfied that adequate lines and sight will be provided to and from the north along Old Post Road at the proposed side roadway intersection to meet the required minimum sight distance of 250 feet based on an approach speed of 35 mph along Old Post Road.
Dan read letter from Attorney J. Gavin Cockfield, dated 10/07/2004. Attorney Cockfield’s letter states that the Applicant believes that the size of the two buildings is not a significant issue. The letter stated that the Applicant was prepared to increase the number of affordable units for the development. Applicant proposed classifying an additional four units as affordable.
Attorney J. Gavin Cockfield spoke and gave a brief overview of the site distance plans.
Richard asked Arnold Kublin whether 1 or 2 bedrooms would be best for the senior housing. Mr. Kublin indicated 2 bedrooms would be best.
Linda Norton a resident of Old Post Road, spoke that she had concerns with affordable and age qualified housing.
John Lee, resident of 509 Old Post Road asked if the Town of Walpole letter have been read into the record. Dan read letter the following letters:
1. Michael E. Boynton, Town of Walpole, dated 08/03/2004 indicating concerns with proposed septic, traffic, emergency access and impacts to Walpole neighbors.
2. Robin L. Chapel, Town of Walpole Board of Health, dated 08/02/04 indicating concerns with septic system designs;
3. Margaret E. Walker, Town of Walpole Engineer, dated 08/02/04 indicating concerns with lack of test pit data, lack of utility profile views;
4. Landis Hershey, Town of Walpole Conservation Commission, dated 07/29/04 indicating questions about review under Mass. Wetlands Protection Act, roof drains, erosion control plan;
5. Scott Bushway, Deputy Chief Walpole Police Department dated 08/03/04 indicating concerns about traffic and public safety;
6. Timothy F. Bailey, Jr. Deputy Fire Chief, Walpole Fire Dept. dated 08/03/2004 setting forth concerns about entrance/exit issues and water supply;
7. Norman Khumalo, Town of Walpole Planning Board, dated 08/04/04 expressed concern of traffic impact, site driveway, drinking water and adequacy of septic system;
A Sharon Resident of 22 Ames Court, spoke about concerns with building near water sensitive areas.
Linda Norton a resident of Sharon, stated she had concerns with a 2 bedroom with loft being considered a 3 bedroom in future.
Janis asked if every age qualified unit will have at lease one resident aged 55 and older.
Bob Higgins, a resident of Carriage Lane, expressed concern with the traffic and safety issues, and that there are no sidewalks.
Janis expressed concerns with paving over the septic system.
Applicant closed hearing at 11:10 p.m.
Vote to close hearing with conditions from conservation commission.
Dan second the motion.
Hearing closed at 11:17 p.m.
Next Zoning Board meeting is scheduled on October 27 at 8:00 p.m. in Town Hall.