For
Town of Sharon
Zoning Board
of Appeals
On
Alternate
Members: Walter Newman, Larry Okstein
#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.
Hearing opened at 7:43 p.m.
The Board reviewed a document from Town Counsel stating that lot 32 Michael Ln. is a buildable lot and therefore has drafted decision at the Boards request. The Board reviewed the draft decision and made one revision.
Lee motioned to approve decision and John second the motion.
Vote in Favor
John – Yes
Richard – Yes
Lee – Yes
Hearing closed at 7:55 p.m.
New Case
#1542 Lisle, Brad 5 Foxfire Dr.
Applicant seeks two findings and a special permit relative to proposed expansion to a structure on a nonconforming lot. Property is located at 5 Foxfire Drive and is situated in the Rural 1 Zone within the Groundwater Protection District.
Hearing opened at 7:59 p.m.
Notice read.
Sitting on Case: Lee, Larry, Richard
Board of Health letter dated 12/13/05 read. Stating permit #8373 has been issued to make the system compliant.
Conservation Commission letter dated 12/13/05 read. No objection but, would recommend the standard conditions relative to projects within the Ground Water Protection District be incorporated in the decision.
Applicant describes plans to add a two story addition. On the first floor a mud room and a 1 car garage changed into a 2 car garage. On the second floor a home office will be built off the master bedroom. Applicant plans to redesign the master bed room to add a walk-in closet and enlarge the master bathroom. The only entrance to the home office will be from the master bedroom.
Walter brought it to the Applicants attention that the front of the proposed addition will increase the front set backs and the nonconformity of the lot.
The Board suggested that the Applicant revises the plans or a letter stating why the Board should grant this relief. Also, to get letters from the neighbors stating in favor.
Hearing continued until 1/11/06.
Hearing closed at 8:19 p.m.
New Case
#1543 Craig, Joanne 32 Beach Rd.
Applicant seeks two findings and a special permit relative to proposed structure replacement of a single-family home on a nonconforming lot. Property is located at32 Beach Road and is situated in the Rural 2 Zone within the Surface Water District.
Hearing opened at 8:20 p.m..
Notice read.
Sitting on case: Kevin, Richard, John
Board of Health letter dated 12/12/05 read. They are waiting for the final plans.
Conservation Commission letter dated 12/13/05 read. Recommended that the level of pre-treatment of the septic effluent that had been imposed on other applicants on Beach Road. And would have no objection as long as the applicant’s willingness to provide this level of standard pre-treatment.
Applicant is represented by Attorney Joel Fishman. Mr. Fishman describes the Applicants plans to tear down the existing structure and rebuild a two story structure and
Detached garage. On the first floor there will be a kitchen, dining room, living room, full bathroom and bedroom/office. On the second floor there will be a master bedroom suite with master bathroom and walk-in closet, bedroom and roof deck.
Joe Kent, Building Inspectors letter dated 11/28/05 read.
The existing living space is 910 sq. ft. and the proposed living space is 1561 sq. ft. with basement.
The applicant explained what went on with the Board of Health. Ms. Craig stated that her original proposal was for a alternative system 3 ˝ ft ground water separate system. The Board of Health recommended 3 alternatives to increase the ground water separation to a 4 ft. ground water separation or to maintain the 3 ˝ ft. ground water separation to addition add a UV system or traditional system ( mounded system). The applicant will probable choose the traditional system.
John asked Attorney Fishman if, they are asking for relief on set back. Attorney Fishman responded yes on the front set backs.
The Board suggested that the garage be moved back a little bit.
Neighbors Robert Harold, 18 Beach Rd., Jennifer Brown, 22 Beach Rd. and Ken Hyman, 49 Beach Rd. all approve of the Applicants plans.
A drive way of crushed stone allows infiltration.
The Board will wait for the Board of Health approval.
Hearing continued until 1/25/06
Hearing closed at 8:51 p.m.
New Case
#1544 Perlman, Andrew 69 Arboro Dr.
Applicant seeks two findings and a special permit relative to proposed habitable space expansion of a single-family home on a nonconforming lot. Property is located 69 Arboro Drive and is situated in the Rural 2 Zone within the Surface Water District.
Hearing opened at 8:52 p.m..
Notice read.
Sitting on case: Lee, Kevin, Richard
Board of Health letter dated 12/13/05 read. Stating permit #8228 has been issued to make this system compliant.
Conservation Commission letter dated 12/13/05 read. No objection, as long as other parameters of the proposal are consistent with past approvals.
Applicant describes plans to add a two story addition. On the first floor the den will have a 4 ft. opening to the foyer with no doors. On the second floor a master bedroom with a master bathroom, walk-in closet and office/study. A laundry room will be put on the second outside the master bedroom.
The existing living space is 1908 sq. ft. and the proposed living space is 952 sq. ft. The total living space will be 2860 sq. ft.
The Board request that the Board of Health clarify that there is an increase in design flow and that it still will be okay.
The Board and a Applicant made design change in the plans. The Board needs the revised plans and clarification from the Board of Health.
Hearing continued until 1/25/06.
Hearing closed at 9:14 p.m..
Applicant
seeks a Comprehensive Permit under MGL Chapter 40B, Section 20-23 for
development of thirty-two town house condominium units, comprised of nine
buildings, plus one existing home located at 9 Glenview Road. Property is located off Rob’s Lane, Town of
Sharon Assessor’s Map 102-Parcels 87,88
and 92-1 and is zoned Residential B.
Hearing
opened at 9:15 p.m..
Notice
read.
Sitting
on case: John, Richard, Walter, Lee (alternate)
John
introduced Ralph Wilmer who will be assisting the Zoning Board in any way the
Board needs. He is a land use planner
through Mass Housing Partnership.
Alice
brought it to the attention of the Board that the PE letter had expired and
should there be a hearing since that has happened.
The
Applicants, Attorney Peter Freeman states that he has planned to renew the PE
letter.
John Rhoads, Norwood Engineering gave a brief overview of engineering matters to date.
Mr. Rhodes stated that there are no significant changes to the level of engineering. There are still 6 buildings, 28 units. The septic system has been sited.
Regarding depression number 1, the applicant authorized Eco Tec, Inc. to submit information to Natural Heritage to certify as a vernal pool.. We expect it to be certified.
Whitman homes engaged GZA GeoEnvironmental Inc. to be designer of septic system. They have done test pits and soil borings, which was completed on December 1, 2005. Septic system design is in the process of being finalized.
Mr. Rhodes stated completed plans with engineering calculations and support documents will be submitted to the Board on or about January 3, 2006 and will be circulated to town agencies, outside engineering reviewers and peer review.
John questioned regarding fire protection issues. Mr. Goldberg spoke that there are very old cast iron pipes affecting water flow. He also stated the there is a self contained water system with a buried tank and that will be just off the cul de sac with a pump house.
The Applicant is willing to donate to the Town the cost of the onsite septic and fire repression system. To upgrade the water mains in the immediate area. To replace the 6 inch cast iron pipes on Brook Rd. and Glendale Rd.
John inquired about the number of bedroom and the heights of the buildings. The response to his question was there are 84 bedroom and the height of buildings are 30 ft.
All units have 3 bedroom, no dens or loft. No age restriction.
John had issues with the ground water mounding between areas one and two of the leaching fields. John wondered if they are going to be dowsed. Response the leaching field by code does have to be a pressure dowsing system.
The storm water management’s are in the same location. There obligation are to the balance the rate of discharge between the pre-condition and the post condition. There is another obligation because they discharges to an outstanding water resource. There are separate roof recharges for the buildings.
Debbie Bayha of 10 Glendale Road asked how long is the retention basin and if there will be a fence around it. It will be a 150 feet long and 40 feet wide there will be a five foot depth. Ms. Bay expressed concern that this will be in the middle of an area where there are a lot of homes.
Walter suggested that landscaping could help turn what is considered a negative aspect of this project into a positive.
There was a question regarding the runoff from the emergency access road. Applicant stated that they are looking at pitching the road and having grass to prevent runoff. Also looked at is having a catch basin at the end of the road.
Jane Hyman of 3 Robbs Lane questioned about changes to the public road.
Paul Skolnik, of 174 Billings Road expressed concern with flooding. Mr. Freeman stated that if you can balance the rates of discharge then that would prevent flooding.
Mr. Whitten stated that the applicant has not produced any new information and that the Board is reviewing previously submitted information. Mr. Whitten asked whether there has been a new pro forma presented. Mr. Freeman disputed that statement and stated that new information has been presented. Mr. Whitten stated that the pro forma is an integral part of the process and should be reviewed.
John stated that he would like to have a pro forma in January.
Alice Cheyer expressed concern with the emergency exit. She questioned whether the Sharon Fire Chief has approved the plans. John stated that he has heard from the Fire Chief and has his letter on record.
Greg Meister asked how from the wetlands one part of the project is located. Mr. Freeman stated 50 to 70 feet.
Joanne Douglas resident of 12 Robbs Lane, expressed concern about the slope of the property.
John stated that peer review will be done by Earth Tech.
John stated that the consultant from Earth Tech should make a site visit.
Lois Miller, Resident from Sharon asked what issues peer review will look at. John stated traffic, ground water, storm water, and waste water, fire protection, public safety, wet land review.
Alice Cheyer asked if there will be a 30 foot buffer along the property between the project and the neighbors.
Hearing continued until 3/8/06.
Hearing closed at 10:45 p.m.
Zoning Board
meeting is scheduled on January 11 at 8:00 p.m. in Town Hall.