For
Town of Sharon
Zoning Board
of Appeals
On
Alternate
Members: Walter Newman, Janis Edinburg
The
hearing was called to order at 8:06 p.m.
Old Post Road, LLC Old
Post Road
The Sharon Zoning Board of Appeals pursuant to a remand order from the Massachusetts Housing Appeals Committee in HAC case No. 04-31 concerning the application of Old Post Road, LLC for a G.L. c. 40B comprehensive permit to construct a 66 unit affordable housing development on property located on Old Post Road in Sharon, Mass.. The remand is for the purpose of determining whether or not the Board will amend it’s November 2004 approval with conditions of Old Post Road, LLC’s original application for a G.L. c. 40B comprehensive permit and issue a decision approving the subject development in a form substantially as attached as exhibit A to said remand order, or take such other and further action on the development as the Sharon Zoning Board of Appeals deems advisable.
Notice read.
Sitting on case: Richard, Walter, Janis
J.
Gavin Cockfield, Attorney for Applicant described
history of case. How the waste water was
going to be handled is the subject of concern by the Board. Anticpated flows
were near the 10,000 gallon per day limits.
Provision that Board of Health must approve the system before
construction. 4 Units will have lofts
that will remain open and provision in deed to not to allow lofts to be used
as bedrooms.
All
units will be changed into 2 bedroom units.
Monitoring wells will be installed upon abutters request and if
contamination is found in abutters wells, Applicant will pay abutters up to
$5,000.00 to connect to town water supply.
There
was some discussion regarding a 200 foot buffer and a nearby stream. Attorney Cockfield
noted that they received Conservation Commission approval.
Attorney
Dan Hill discussed the case and referenced page 4 and page 5 of decision. He noted that deed restrictions are hard to
enforce. He questioned the fair market
value of the property and accuracy of appraisal.
Attorney
Hill discussed the similarities between this project and a project in Dennis,
MA which was denied due to the density of the project.
He
noted that Title 5 states that waste management should not be under
pavement. Attorney Hill argued the Board
should scale the project back.
John
Lee, Resident of Sharon, spoke that the density of the proposal is too high.
Attorney
Cockfield noted that the remand order was negoitated with Sharon Town Counsel. Decision states that project must be approved
by peer review. Also there is a
significant amount of open space in the plans.
There is 13 acrs of open space.
There
was discussion on deed restriction versus conservation restriction. Also discussion regarding storm water
management and plans for storm water management. Board reviewed original decision on case
regarding storm water management. There
was discussion on adding new language to new decision.
Discussion
between Board and applicants attorney regarding changed economics of project
due to two bedroom units. Price of unit
will depend on buyer’s income for affordable units according to Attorney Cockfield.
Ray
Peliter, Sharon resident, spoke that he is not an
abutter but uses well water and is concerned about possible water quality
issues.
There
was discussion with Greg Meister and Attorney Cockfield on septic leaching field being paved over and
possibility of having a pervious surface and effect on project.
Janice
asked what does the town gain from the revised project. Attorney Cockfield
noted a number of benefits to town.
There was also discussion of the blanket waiver grant.
John
Lee requested that the town counsel confer with Attorney Hill
Hearing
closed at 10:15 p.m.
Hearing
continued to 07/13/2005.
#1529 Davis, Laura 38
N. Main Street
Applicant
seeks two findings and a special permit relative to proposed garage expansion
to a structure on a nonconforming lot.
Property is located at 38 N. Main St. and is situated in the Historic
District 1 within the Groundwater Protection District.
Hearing
opened at 10:17 p.m.
Sitting
on Case: John, Richard, Walter
Conservation
Commission letter dated 06/21/05 read. Stating no objections.
Historical
Commission letter dated 06/18/05 read. Stating proposal approved.
Donna
and Lance Kyed, 50 N. Main St. Stated that they have talked with Ms. Davis but,
does not feel that there has been any compromise. They are looking for a buffer
zone between the properties.
Ms.
Davis states she is willing to make compromises with what type of buffer zone
and that she is 26.2 ft. away from the property line.
The
Board and Applicant reviewed the plans.
The
buffer zone will consist of 6 ft. abbreviates, 3 ft on center along the right
side. There will be 165 ft of plantings
parrell to the front edge of the house to rear of property.
Hearing
closed by Applicant at 10:40 p.m.
Vote
in Favor
Standard
conditions with plot plan dated 04/19/05 and scaled drawings dated 04/08/05.
John
– Yes
Richard
– Yes
Walter
– Yes
Conditions:
The buffer zone will consist of 6 ft. abbreviates, 3 ft on center along the
right side. There will be 165 ft of
plantings parrall to the front edge of the house to rear of property. Except where existing white pines prevent
this from happening. No pines will be
removed and plantings shall be maintained.
Hearing
closed at 10:43 p.m.
#1535 Merchant, LLC 4
Merchant Street
Applicant
seeks variances and a special permit relative to site conditions at 2-4
Merchant Street. Property is located at
2-4 Merchant Street and is situated in the Light industrial Zone within the
Groundwater Protection District.
Hearing
opened at 10:45 p.m.
Notice
read
Sitting
on case: Richard, Walter, John
Conservation
Commission letter dated 06/21/05 read.
Stating no objection.
Board
of Health letter dated 06/21/05 read.
Stating no objection.
Bob
Moriaty discussed the re-issuing of a Special Permit that had been granted in
2001.
Mr.
Moriaty described the plans as 10,000 sq. ft. of office space and 15,000 sq. ft
of warehouse space with a mezzanine.
There is 41% of existing vegetation and 36.2 sq. ft of proposed
landscaping.
The
Board and Applicant reviewed the plans and discussed the project having an
updated on the Storm water management plan.
The
Board plans to vote on the Applicants project July 13th.
Hearing
closed at 11:15 p.m.
Next Zoning Board
meeting is scheduled on July 13 at 7:30 p.m. in Town Hall.