For
Town of Sharon
Zoning Board of Appeals
On
Alternate Members: Walter Newman, Janis Edinburg
The Board will vote on Merchant, LLC
#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.
Peter O’Cain, P.E., Assist. Town Engineer letter dated 07/2005 read. The seven comments in Mr. O’Cain’s letter shall be entered into the final decision.
The Board reviewed the draft decision provided by Attorney Bob Moriaty.
Vote in Favor
John – Yes
Richard – Yes
Walter – Yes
Conditions: 1) The seven comments provided by Peter O’Cain.
2) Applicant will provide Building Inspector will plans for any retaining wall greater than 4 ft.
Hearing closed at 7:50 p.m.
New Case
#1536 Hallett, Sharon 21 Leonard Road
Applicants seek two findings and a special permit relative to proposed habitable space expansion to a structure on a nonconforming lot. Property is located at 21 Leonard Road and is situated in the Single Residence A Zoning District.
Hearing opened at 7:53 p.m.
Notice read
Sitting on case: Janis, Lee, Walter
Board of Health letter dated 7/11/05 read. Stating no objection.
Conservation Commission letter dated 7/11/2005 read. Stating no objections.
Applicant described plans for a two story expansion and adding of a second garage. The three bedrooms on the existing first floor will be moved to the second floor.. The second floor will consist of a master bedroom with master bathroom over the two car garage, office, a laundry room, two bedrooms and a full bathroom. The first floor will consist of a family room, a bathroom and a half, a kitchen with breakfast area, dining room and living room. There will be an 8 ft. opening between the dining room and living room.
There is not change in the foot print.
The existing living space is 1700 sq. ft. and the proposed living space is 1850 sq. ft.
The Board reviewed the plans dated 5/16/05.
Mr. Barmash, resident 24 Leonard Rd. expressed approval of the plans.
Vote in Favor
Janis – Yes
Lee – Yes
Walter – Yes
Conditions: 1) The 8 ft. opening between the dining room and living room shall remain.
2) The 3 bedroom home will remain 3 bedrooms.
Hearing closed at 8:05 p.m.
New Case
#1537 Champion Door and Window (Kokkotos) 19 Colburn Dr.
Applicant seeks two findings and a special Permit relative to proposed sunroom expansion on an existing deck to a structure on a nonconforming lot as defined in Sharon Zoning Bylaws Sec. 2431. Property is located at 19 Colburn Dr. and is situated in the Single Residence A Zone within the Groundwater Protection District.
Hearing opening at 8:06 p.m.
Notice read.
Sitting on case: Lee, Richard, Walter
Board of Health letter dated 7/11/05 read. Stating no objections.
Conservation Commission letter dated 7/11/05 read. Stating no objections.
Champion Door and Window described the Applicants plans to add a 3 season porch on the existing deck. The stairs on the proposed 3 season porch will be changed.
The Board requests a new floor and plot plan.
Hearing continued until 7/27/05.
Hearing closed at 8:19 p.m.
Lee left at 8:19 p.m..
Continuance
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.
Hearing opened at 8:27 p.m.
Sitting on case: Richard, Janis, Walter
Dick Gelerman gave a brief overview of the Amended Decision.
The Board reviewed the waiver #W re: Board of Health (Article 7) Septic Regulations.
The Board discussed concerns with the Blanket wavier.
Attorney Dan Hill reviewed letter dated 7/13/05 regarding a recent appraisal commissioned by the Walpole Country Club. The true market value of the Project site is $550,000. Striar’s development budget states a site acquisition “cost” of $1,250.000, more that double the fair market value. Mr. Hill states that the project acquisition cost has been misrepresented.
Mr. Hill’s expressed concern on whether a permit can be granted on misrepresentation.
The Board requested a copy of Applicants appraisal. Attorney Cockfield denied request for Applicants appraisal.
John Lee had concerns with the blanket wavier, adding of swimming pools and the density of the project.
Dan Hill concerned with the issues of Rattlesnake Hill vs. Old Post Road. Mr. Cockfield stated that each project is considered separate.
Richard read a letter from Peg Arguimbau dated 7/11/05. She feels that the decision the Board makes at this meeting regarding that proposal puts others in an awkward position because it relates directly to plans for Rattlesnake Hill. She hopes that the Board will approve the Amended Decision.
A resident of Old Post Road, expressed concern that if construction drawings change, will they need to come before the Board again. Response by the Board: Yes, they will need to come before the Board.
The Board and Attorney’s reviewed the findings on the Amended Decision.
Walter is concerned with finding # 17. Regarding open space to be used only for passive recreation. The Board would like to request a Conservation restriction.
Janis spoke of concerns with Town having final review of Stormwater and issues with lofts being used as bedrooms. (8 lofts). Also, issues of 15% to 20% profit.
Richard had concerns with #35 stating there should by a Deed restriction stating affordable units will remain affordable. Concern with #39 Applicant shall maintain all landscaping.
Mr. Watts, Walpole Country Club is wondering why there is no landscaping or fencing plans for the northerly side near the Country Club.
The Board reviewed Sign By-laws: the sign will not be 10 ft. from the abutters property. The Sign will be consist with the Signs on other properties.
There were concerns expressed with storage sheds. The size will be 72 sq. ft. The shed set back will be 20ft. from the property line and will be constructed in the same material as the complex.
Sharon resident John Lee, 509 Old Post Road, expressed problems with site distance on #18.
Sharon resident, 481 Old Post Road, questioned how will they know it’s private property.
Hearing closed by Applicant at 11:35 p.m.
Dick Gelerman reviewed all finding changes agreed to by Attorney Cockfield.
Voting:
Janis – No : Concern with blanket wavier and the fact that the Applicants Attorney will not provided a copy of their appraisal.
Richard – Yes
Walter – Yes
Approved with amended conditions.
Hearing closed at 11:45 p.m.
Next Zoning Board meeting is scheduled on July 27 at 8:00 p.m. in Town Hall.