MEETING RECORD

For

Town of Sharon

Zoning Board of Appeals

On

February 28, 2007

 

 

 

 

Attending Regular Members: John Lee, Kevin McCarville, Lee Wernick

Alternate Members: Larry Okstein

 

The hearing was called to order at 8:11 p.m.

 

New Case

#1575              Kessler, Jay                                              10 Borderland Road

Applicants seek two findings and two special permits relative to proposed habitable space expansion to a home on a nonconforming lot.  Property is located at 10 Borderland Rd. and is situated in the Rural 2 Zoning District.

 

Notice read.

 

Sitting on case: Kevin, Larry and Lee

 

Board of Health letter dated 2/26/07 read.  Stated no objections to the project.  But, asked the Applicant consider the use of low-flow toilets and other water-saving devices due to the size of the tank.

 

Conservation Commission letter dated 2/26/07 read.  No objections

 

The Applicant described plans to enclose the existing deck to enlarge the dining room and add a new enclosed deck.  The applicant plans to put sliders between the dining area and the new enclosed deck.

 

The Board requested the Applicant provided new plans showing the existing home and the proposed addition.

 

Hearing continued until 3/28/07.

 

Hearing closed at 8:23 p.m.

 

Continuance

#1569              Nussbaum, Beth and Kern, Michael                 25 Moose Hill Pkwy.

Applicants seek two findings and two special permits relative to proposed expansion to in a structure on a nonconforming lot.  Property is located at 125 Moose Hill Pkwy. and is situated in the Single Residence A Zoning  within the Ground Water Protection District.

 

Hearing opened at 8:23 p.m.

 

Applicant presented the Board with enlarged plans of the proposed addition.  Showing the 3 bedrooms being moved upstairs with a full bathroom and the half bathroom on the first floor being removed.  The existing living space is 960 sq. ft. and the proposed addition living space is 960 sq. ft..

 

The Applicant presented a signed letter of support by the neighbors in the area of the proposed addition.

 

Kristen and Andrew Camili, 5 Moose Hill Pkwy. are in favor of this project.

 

Jeff Seul and Ester Whitfield, 19 Moose Hill Pkwy represented by Holland & Knight, LLP letter dated 2/28/07 read.  Stating that if the project is granted it will cause a substantial detriment to the neighborhood, not least of all because of the serious adverse impact the proposed expansion would have on the use and enjoyment of the Seul’s Property which is a historically significant structure.

 

Mr. Seul presented a letter from David Fixler, AIA, President, DOCOMOMO-US/New England explaining the history of a modernist home. new pictures and a quarterly newsletter of Sharon Historical Society, that talks about Modernist homes and there property.

 

Approach Architects, presented documentation showing how the Applicants addition would effect the Seul’s view during the course of the year.

 

The Board reviewed new documents presented by the Applicant.

 

Shaun Fitzgerald, Fitzgerald Appraisals a certified appraiser represents the Applicant, describes how view the prospectus of the entire neighborhood.  Speaking is response to view amenities of the neighborhood.  Mr. Fitzgerald provided the Board with pictures of properties in the neighborhood, Assessor maps showing how the land rises in elevation from the north and south, and views from the abutter’s property. Mr. Fitzgerald stated that 25 Moose Hill Pkwy. was constructed 2 years after 19 Moose Hill Pkwy. was built.

 

Lee questioned if there the Abutter or Applicant had site easement. 

 

Emily Smith-Lee, Moose Hill Pkwy., spoke on behalf of the Applicant.  Stating that the house is a problem waiting to happen because of it’s size.

 

The height of the total project is 26 ft. from the top of the foundation. This is will be the maximum height for the project.

 

Hearing closed by Applicant at 9:40 p.m.

 

The Board will vote on this Applicant on 3/14/07.

 

Hearing closed at 9:50 p.m.

 

Continuance

#1489                          Whitman Homes                           Glendale Road

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.

 

Richard Powell present for hearing.

 

Hearing opened at 9:52 p.m..

 

Daniel Hart, Real Estate Development, Consulting & Investment’s letter dated 2/26/07 read.  Mr. Hart gave a preliminary conclusion: Though still feasible, the project is aggressive and “tight” from a developer’s perspective.  The Profit margin over cost is less than expected for a project of this scope. 

 

After reviewing Mr. Hart’s letter the Board had a few questions.  1) Site Acquisition is it based on unrelated or third party sales.

 

Mr. Houston responded that it is made up of 3 components the transaction of Whitman Homes purchasing the back land, 12 acres 400,050 dollars, 2 Robbs Ln. for 500,050 dollars and the appraisal value of 280,000 dollars for 9 Glendale Rd.

 

2) Hard costs are these numbers the result of bids received by the developer from qualified subcontractor and there is a $10/sf. Difference in the construction costs for the market rate and affordable units and assumes this is for a lesser quality interior finish.  Mr. Houston responded Yes, it applies to the kitchen cabinets and flooring.

 

The Profit on this project is 13% which is less than the 20% threshold as established in MGL. Ch. 40B.

 

Hr. Houston responded that there was an estimate done by Thomas McConey a local contractor from Sharon.

 

Mr. Witten presented the Board with a document dated 1/13/07, This pro-forma is just an exercise to show that 16 dwelling units is still economical and would preserve some of the wooded area.

 

Bill Lapel, Sharon resident stated that the abutters have never agreed a lesser number of units.

 

The Board discussed the economic value of this project.

 

Nancy Allison, Billings Rd. has concerns with hard/soft cost of this project.

 

Jane Hyman, 3 Robbs Ln., question was have the concerns with the septic systems and Board of Health issues been resolved.  John’s response was the Applicant will have to go before the Board of Health for a title V permit.

 

Alice Cheyer has issues with the retaining wall and catch basin.  Also, with the building of the road and she feels it will take away from the wooded area.

 

Hearing closed by Zoning Board of Appeals at 10:30 p.m..

 

Hearing closed at 10:40 p.m.

 

Next Zoning Board meeting is scheduled on March 14 at 8:00 p.m. in Sharon High School Library.