For
Town of Sharon
Zoning Board of Appeals
On
Alternate Members: Walter Newman,
Continuance
#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 8:10 p.m.
Notice read.
Sitting on case: Lee, Richard, Walter
The Board reviewed the new plot plan and floor plan provided by the Applicants representative.
The new floor plan showed the 4 by 8 landing with stairs coming off the proposed 3 season porch. The entrance to the 3 season porch will be from the kitchen.
Hearing closed at 8:15 p.m. by the Applicants representative.
Vote in Favor
Lee – Yes
Walter – Yes
Richard – Yes
Hearing closed at 8:15 p.m.
#1534 Massapoag Realty Trust Lot 32 Michael Ln.
Applicant requests the Board of Appeals to overturn a decision of the Building Inspector regarding the definition of “Lot Area” in Article 5 of the Zoning By-Law. Property is located at Lot 32 Michael Ln. and is situated in the Single Residence A Zone.
Notice read.
Sitting on case: Walter, Richard and John
Board of Health letter dated 6/6/05 read. Stating on 8/30/04 the Board decided that no variance was needed and permit #8196 was issued for a 3 bedroom house.
Attorney Robert Mangiaratti representing Massapoag Realty Trust gave a brief overview of the documents he presented the Board.
The Board and Attorney Mangiaratti reviewed the letter dated 4/13/05 from Joe Kent. Stating the reason for denying the permit for Lot 32 Michael Lane is that the existing lot area requirement hat at least 90% of the lot area required for zoning compliance in a subdivision shall be land other than that under any body of water.
Attorney Mangiaratti provided documents stating the Planning Board approved the plans on 10/4/78.
Attorney Mangiaratti stated The zoning freeze provisions of M.G.L> c. 40A require the Town to look back to previous versions of the by-law only when subsequent amendments are more restrictive. In this case, the current version of the “Lot Area” definition does not a restriction on Applicants lot. The fourth paragraph of Section 6 of M.G.L. c. 40A, which created the single lot zoning freeze, states, “The provisions of this paragraph shall not be constructed to prohibit a lot being built upon, if at the time of the building, building upon such lot is not prohibited by the zoning ordinances or by-laws in effect in a city or town.
Sharon resident, 17 Magnolia R., Opposes the plan for lot 32. And also has concern with what type of buffer zone will be provided and the set backs.
John responded that there is a 20ft. set back from the abutters property line.
Greg Meister recommend that the Board have Town Counsel review these documents.
Walter has concern with the date 12/13/78 in Joe Kent’s letter.
Attorney Mangiaratti says the freeze starts with the Planning Board signature.
Walter would like to know what the By-law stated when the lot was created in 1978.
Hearing continued until 9/28/05
Hearing closed at 8:43 p.m.
#1532 Senior Operations, Inc. 1125 Providence Hwy.
Applicant seeks special permit to extend or alter prior nonconforming condition under MGLA CH 40Sec 6 and Sharon Zoning Bylaws Sec 6412b. Property is located at 1075 Providence Hwy. and is situated in the Light Industrial Zone within the Groundwater Protection District.
Hearing opened at 8:45 p.m.
Notice read.
Sitting on case: John, Lee, Walter (Richard present)
Board of Health letter dated 6/6/2005 read into record, stating no objections to application
Letter from Joe Kent, Town of Sharon building inspector read into record, indicating no objections.
Letter from Town of Walpole Board of Sewer & Water dated 7/1/2005 stating in part that splitting the lot would increase impervious coverage and would adversely affect School Meadow Brook Aquifer. Any change in making the area more non-conforming could be detrimental to water flows. Letter also noted that reducing lot size would change how monitoring of contaminated well would be determined in the future.
Letter from Town of Walpole Board of Sewer & Water dated 7/26/2005 was also read. Letter noted a misunderstanding on how proposal would affect recharge area. Letter expressed support of conservation restrictions proposed for lot. Request was made for notice to Town of Walpole should any activity be proposed for Lot B1.
Attorney for Applicant, Len Simons, addressed the Board and gave a brief overview of prior actions of this matter. He noted review of appeal in the Mass. Land Court on a remand order.
Greg Meister, from Sharon Conservation Commission noted a conservation restriction within 100 feet wetland buffer. He also noted concerning improvements to the stormwater management will be upgraded. Ground water flow will not affect the front 2/3 of adjacent lot.
Len Simons spoke about the storm water management plan. He also spoke about the special permit and variance applications. He mentioned that for 1075 General Edwards Highway, special permit from Board of Appeals is required when impervious lot coverage exceeds 15%.
Walter expressed concern regarding Town of Walpole’s wells and the issue of relief to the Town of Walpole. Attorney Simons responded that he would have to speak with his client regarding future uses of lot B-1.
Don Meyers, from Norwood Engineering noted that lot B-1 must have a conservation restriction. Greg Meister stated that he felt comfortable with the conservation restriction.
Kevin Trainer, Geologist, discussed his letter of 5/11/2005. He noted testing and monitoring on the site. He had reviewed plans and indicated there would be no adverse effect. He noted that the recharge facility should be 75 to 100 feet from the storm water leaching galley. He indicated that the septic flow would be 4,800 gallons per day. He recommended that the sewage components be greater than 400 feet from the edge of the dissolved plume.
Mr. Fontecio CEO of Senior Operations also gave a brief history of the case. The Board and applicant also discussed Massachusetts by-laws and the application
Hearing closed at 11:00 pm.
Next Zoning Board meeting is scheduled on September 14 at 7:30 p.m. in Town Hall