MEETING RECORD

For

Town of Sharon

Zoning Board of Appeals

On

November 24, 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 8:05 p.m.

 

Continuance

#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 8:06 p.m.

 

Notice read

 

Sitting on case: Dan, Richard, Walter

 

Applicant provided the Board with new plot plan.

 

At the previous Hearing 10/13/04 the Board had requested that the Applicant should bring the stair case on the side of the in-law addition be brought into the garage.  So, that the stair case will be coming into a common area.

 

The Board and Applicant reviewed a letter and new plans from Gordon Hughes dated 11/23/04.  Stating in part that the idea to create new stairway from the garage level and eliminating exterior stairway is not feasible and becomes life safety issue.

 

In part, the Board had suggested entrance only from existing home, thus eliminating exterior stairway and entry door into the new living room.  This is a life safety issue because during a medical or fire emergency occupants would not have a second means of egress. 

 

At the rear of the living room is another doorway which will access the backyard and small deck for sitting.  This is intended to be tied into the current deck.

 

At the Boards suggestion, Applicant agrees to provide revised plans to clear up some ambiguities.

 

Hearing continued until December 22, 2004.

 

Hearing closed at 8:26 p.m.

 

New Case

#1516              Elovic Dental Associates                               6 Washington Place

Applicants seeks two findings and a special permit relative to proposed structure replacement on a nonconforming lot as defined in Sharon Zoning Bylaw Sec. 2412.  Property is located at 6 Washington Place and is situated in the Business District A.

 

Hearing opened at 8:27 p.m.

 

Sitting on case: Dan, Richard, Walter

 

Notice Read

Board of Health letter dated 11/22/04 read. – No objection

Conservation Commission letter dated 11/23/04 read.  Stating no wetland resource areas within 100’ of the property.  Also, the site is not located within any water resource protection overlay district.

 

Attorney Michael Healy gave a brief history of a private way (Washington Place) and made reference to chp.41 sec. 81L.

 

The Board reviewed the information that Attorney Healy provided with the agenda.

 

The Board and Applicant reviewed the letter from Peter O’Cain, Assistant Town Engineer dated 11/9/04 read. Review of the site plan for the Elovic Dental Office.

 

Attorney Michael Healy disagrees with the issue #2 on Peter O’Cain’s letter.  Stating that the applicant has not provided legal information regarding the legal status of their access right to Washington Place.

 

Dan requested the Applicant to obtain written approval from the abutters in the matter of the placement of drainage structures within the right of way.

 

David Simmons, Angle Tree Consulting & Engineering, Inc. discussed the Site Plan stating the lot is 10,00 sq ft and is conforming in every respect except for frontage in one area.

 

The Applicant plans to take down the existing structure and create a new two story office building.

 

The new two story building is 1,600 sq. ft..  The first floor will be a 1000 sq. ft and the second floor will be 600 sq. ft. There are 13 parking space proposed which is required all within the lot.

 

Site Plan is set-up to maximize the open space.  The minimum required open space is 30%.  This site plan has 32 1/2% open space.

 

Applicant proposed to stripe nine new parking spaces and removal of a tree.  A sidewalk for pedestrian access out to the street and this will be flush with the pavement to allow emergency access between the two lot  The flush portion will be marked with some kind of hazard striping along the edges.

 

The Applicant plans to combined all drainage to go through a pretreatment device of vortex, which is a water quality device.

 

Ed Lyons, Architect, described the proposed building design as a two story building.  The second floor of the two story building is smaller than the first floor to obtain a porch like appearance on the front.  The first floor will a have waiting room, 5 operators for treatment and hygiene, plus two bathrooms for men and women.  All public accessible.  The second floor is only for private Doctors offices, employee lounge, bathroom and laundry area.  And will not be accessible to the public. 

 

The number of employees are 2 receptionist, 2Dentist and 2 hygienist

 

David Simmons responses to Peter O’Cain’s letter as follows:

1.      There is no planter area it will be a sidewalk.

2.      Written approval from abutters needed regarding placement of drainage.

3.      There is a basement, but not finished.

5.      States there will be new sidewalk with handicap ramps on there side of the road.  There will be one handicap parking space included in the 13 parking spaces.

6.      Requirements have been met.

 

The first floor is in compliance with handicap accessibility.

 

The Board and Applicant reviewed Phillip Kopel letter dated 10/27/04.

 

Hearing closed  at 9:17 p.m. by Applicant.

 

Vote in Favor

Walter – Yes

Richard – Yes

Dan – Yes

 

 

 

Conditions: will reflect the letter from Peter O’Cain

1.

2.      Subject to abutters written approval of site plan.

3.      The development of basement level other than storage is not approved.

4.      Part of plan addressed. 

6.  Condition that reflects item #6.

7.  Condition that reflects the     fact that your plan already takes into account #7

8.  Provide the Board and Engineer division of the septic plan included with the three sheets.

9.  Condition stating lights will be shielded and kept on property.

 

Hearing closed at 9:27 p.m.

 

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