SHARON ZONING BOARD OF APPEALS

MEETING MINUTES OF JULY 25, 2007

A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, July 25, 2007 at 7:30 P.M. in the lower level of the Town Office Building.  The following members were present:  John Lee, Chairman (8:00 P.M.); Kevin McCarville, Lee Wernick (8:00P.M.), Walter Newman, Associate Member, Larry Okstein, Associate Member.

Mr. McCarville moved to go into executive session to discuss pending litigation with Cindy Amara of Gelerman & Buschman.  Motion seconded by Mr. Okstein and voted 3-0-0.  Mr. McCarville asked for a roll call vote:  Mr. Newman:  yes; Mr. Okstein: yes; Mr. McCarville: yes.  The board went into executive session at 7:33 P.M.  Mr. McCarville stated the board will return to open session.

Mr. McCarville made a motion to come out of executive session.  Motion seconded by Mr. Okstein and voted 3-0-0.  Mr. McCarville asked for a roll call vote:  Mr. Newman: yes; Mr. Okstein: yes; Mr. McCarville: yes.  The board came out of executive session into open session at 8:00 P.M.

Appointments:

8:25 P.M.              New Hearing                        David Winter

                                Case No. 1590                      29 Harold Street

Mr. Lee read the public hearing notice as advertised.  There was no public present for this hearing.  Mr. Lee asked Mr. Winter if he has filed with the Board of Health yet and Mr. Winter stated no.  Mr. Winter stated they have three children plus twins born today.  They have tried to sell their house although they like Sharon and would like to stay in the area.  However, they need additional room.

Also present was Thelma Newberger, who designed the proposed addition.  She stated there were design challenges with this house and what is being presented is what is most efficient and in keeping with the neighborhood. 

Mr. McCarville asked how many square feet are being added and Mr. Winter stated 1600 s.f. is existing and 1,079 s.f. is being proposed.  They are trying to utilize what is existing.  Ms. Newberger stated the addition is going over what is existing on the first floor on the right side of the house.  The setbacks are not changing.  Mr. Winter stated that currently the space on the first floor is the master bedroom and it will be converted to a living area.  Mr. Lee asked if the footprint is changing and Ms. Newberger stated only in the back of the house.  Mr. Lee asked if the house will remain a three bedroom home and Ms. Newberger stated yes.  They will all be on one floor with a laundry and there will be small sink in the boys' room for religious purposes.  They will be dormering the front to keep in character with Harold Street as most of the homes in that area are two story homes.  They will add some attractive windows and spruce up the front vestibule area.  There is small walk out and they will be removing the bulkhead.  In the end there will still not be a lot of square footage, but the Winters can’t find anything they like as much as this house.

Mr. Lee stated he is concerned that there is no plot plan showing the setbacks especially on the left side of the property.  Mr. Winter stated they are trying not to increase the current nonconformity.  Mr. Newman asked the distance from the proposed addition to the lot line and Ms. Newberger stated it is 20’ to the main addition.  Mr. Newman stated a condition of approval would be that the proposed addition will not be any closer than “x” amount of feet to the property line.  Ms. Newberger stated she will return with the exact figure.

Mr. Lee stated the board still needs a plot plan as it is important that what is being proposed meets the required setbacks.  Mr. Winter stated that Joe Kent thought they would be all right.  They need to expand as soon as possible because of the two new babies.  Mr. Lee stated he will not vote on this without dimensions and a plot plan.  He continued this hearing to September 19, 2007 in order to receive a plot plan.

SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 25, 2007   (2)

8:45 P.M.              Continued Hearing             Simpson Housing

                                Case No. 1573

The applicant was represented by Patrick McMann, Esq. who stated they petitioned the Town of Walpole for a sewer and water connection, but they have withdrawn that petition as they are now contemplating an on-site septic system and water from Sharon.  They will need a leaching field.  They have spoken with Mr. Guiterrez regarding purchasing a portion of their land to place the leaching field and water facilities.

Susan Saunders, Chairman, Sharon Housing Partnership:  stated the town is not looking for little units to meet the affordable housing requirements.

Mr. McMann stated this property can be accessed via Route 1.  Also, they did have Mass Highway permit, but it has lapsed.  Mr. Wernick stated he would like to see the actual permits. 

Mr. Lee continued this hearing to October 24, 2007.

8:55 P.M.              New Hearing                        Arthur Gutierrez,

                                Case No. 1592                      Carriage Lane @ Old Post Road

Mr. Lee informed the applicant they need to do an amended 40B application because they changed the property configuration.  The application as submitted referenced eight units, but now they are talking about five units because they have an agreement with Simpson Housing. 

Mr. C stated that are intending to build single family houses with attached garages.  Mr. Lee asked the total square footage and Mr. C stated 2900-3200 s.f. is being proposed.

Mr. Wernick asked the bedroom mix on the five units and Mr. C. stated three 4’s and two 3’s.  He asked the board if they would like a draft agenda on what they would like to cover including a time frame.  Mr. Lee stated that would be good.  Mr. Lee continued this hearing to October 24, 2007.

9:07 P.M.              Continued Hearing             Sharon Commons Lifestyle Center

                                Case No. 1588

The applicant was represented by Robert Shelmerdine, Esq. Route 1, Foxboro, MA.  He stated that they last met with this board on June 13 and at that time they did a basic presentation.  They are back tonight to continue that presentation.  Also, Tom Houston is present tonight.  They have submitted a site plan to the various other boards:  Board of Health, ConCom, Planning Board, Board of Selectmen, Library and DPW.  On June 13, Kohler had finished their preliminary analysis dated June 13^th.  It was submitted last week to the other boards.  They also submitted a traffic report dated July 2007.

Richard Rudman, Coler & Colantonio stated that land in a residential district can be used to satisfy different requirement regarding the passive use of land. There will be no development in the residential land; in fact it will be put under a conservation restriction and will only be used to meet the zoning requirements.

Mr. Lee stated we do have a memo of understanding that was entered into on March 6, 2007 with Old Post Road Development and the Board of Selectmen.  A number of things have already been agreed to regarding what the applicant will do for the town. 

Tom Houston submitted two memos to the board already and they are in the process of completing three other memos:  peer review of the site plan, peer review of the traffic and impact study, and peer review of storm water comparisons.  Regarding the first memo, plans as submitted to substantially comply with the by-law:  1) requirement for major site plan approval; 2) requirement for a special permit for impervious material cover; 3) special permit required for a single building having a total floor area of 120,000 s.f.; and

SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 25, 2007   (3)

4)  possibly a special permit required for construction buildings and alteration of land in the wetland setback area.

Mr. Lee asked the impervious cover on this project and Mr. Houston stated 48%.  He stated the largest store is 80,000 s.f., which is allowed by right.  The problem is that the 80,000 s.f. store is touched by two other stores for a total of 120,000 s.f.  If it were free standing, it would be a use by right or 80,000 s.f. plus 20,000 s.f. plus 20,000 s.f.

Mr. Lee asked if they will be able to meet with the Conservation Agent, Greg Meister, to identify the wetlands.  Mr. Houston stated yes as they need a determination from Mr. Meister.  Mr. Lee stated that keeping this as agriculture would work to their benefit and Mr. Caputo agreed.  Mr. Lee asked if they have already filed with Conservation and Mr. Shelmerdine stated they filed for an ANRAD as they have an ORAD already and they do need to file a Notice of Intent.

Mr. Lee asked why they didn’t rezone the parcel when they changed the zoning by law and Mr. Shelmerdine stated that the Conservation Commission asked them not to.  They only rezoned what they would be building on.  Mr. Lee stated it would have made things easier for this board had they rezoned it.  Mr. Shelmerdine stated they have agreed to give whatever they don’t need to build the mall to the town.

Mr. Houston stated there are many determinations that will require environmental and traffic analysis, but as yet they are not available.  The site is to be laid out in groups of buildings and they believe the plan complies with that.  Mr. Lee stated there is a mixture of parallel and adjacent parking.  Mr. Houston agreed.  With respect to the parking, they elected to show 60 degree parking as that is traditional in New England villages. They also show parallel parking on both sides.  Mr. Lee did not think they want parallel parking and Mr. Shelmerdine stated the ZBA can waive this if they choose. 

Mr. Houston stated there are 240 parking spaces maximum in the parking fields.  The parking shall be no closer than 40’ if there is a door; however, the sidewalks are 15-20’ wide, not 40’.  This board can also waive that.  Mr. Lee stated there should be large pedestrian walkways.  Mr. Lee asked if they feel that is sufficient and Mr. Caputo stated yes as downtown is maybe 10-12’ wide and these will be 20’ wide.

Mr. Lee asked if they have filed with the Board of Health and Mr. Caputo stated they will do so in August.  Mr. Shelmerdine stated they are working on a large MEPA filing right now that covers a lot of things.  They tried to file last week, but got extended for two weeks.  Mr. Lee stated that puts the ZBA in a tough situation as they are asking for things that need to be addressed by other boards.  Mr. Houston stated the board is required to make a determination as to what is an adequate number of parking spaces.  They are providing 2200 and 2400 is required.  They are also submitting a parking evaluation which says what the parking demand would actually be.  Mr. Caputo stated that memo also demonstrates the adequacy of the number of sites.  Mr. Houston stated that the entire site is within the groundwater protection district, which means that a storm water management plan is required.  There will be no increase in the volume of run-off and the storm water management report will have to demonstrate compliance with the provisions of the by-law. 

Mr. Lee stated we have put out the word that we need a design review committee. We have four people now, but we are still looking for more.  Mr. Newman asked when that committee will be formulated and Mr. Lee stated that Ed Hershfield stated it would be by our next meeting.  At this point, we are looking for an architect.  Mr. Houston stated that basically the ZBA has to establish the scope of environmental and related analyses.  They don’t want a Sharon traffic study and a MEPA traffic study.

Mr. Newman asked if traffic, ground water impact and air/noise were the top three environmental concerns and Mr. Houston agreed.

SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 25, 2007   (4)

Mr. Lee stated that the Sharon Historical Commission would like to speak.  Dave Martin from the commission stated he never received anything on this project to date.  Mr. Caputo stated they are on the circulation list for next Tuesday.  Mr. Martin stated he would like all the boards to up on the historical aspect of this area.  Somewhere on the site there is the first structure ever built in Sharon.  Also, Mass Historical considers the bogs to be historical.  There is a cemetery there and they would like full protection of that.  There are a lot of historical issues on the property along with Old Post Road itself.  Michael Intoccia stated he spoke with someone from the Sharon Historical Commission and they were going to put a mark with a date in the area, which is in reference to a cellar hole that is there.  Mr. Shelmerdine stated they have done almost everything that was requested by the Sharon Historical Commission in their memo.

Mr. Caputo stated there will be a summary in the MEPA filing.  They don’t want to put everything out there now as they are afraid it will be vandalized.  Mr. Martin stated he didn’t realize this was already in progress.  Mr. Caputo stated he will make sure that David Martin gets the results.  He doesn’t want just anyone running out there on the site.  Mr. Shelmerdine stated they are all directed by what the Massachusetts agencies want to reveal.  Mr. Martin asked if there will be anything close to the cemetery and Mr. Caputo stated the Old Post Road way, but it will be buffered.

There were no comments from the public.  Mr. Lee continued this hearing to September 26, 2007 and October 10, 2007.  Mr. Intoccia asked that the board have a list of volunteers by September 19^th.  Mr. Shelmerdine asked that the peer review committee be established in the next two to three weeks.  Mr. Lee stated he would like everything to come through the Zoning Board.  Mr. Shelmerdine stated they will be an adhoc committee to the ZBA and asked John Lee to email the members' names of the peer review committee to him.

Other Business: 

Lexus, Route 1:     Mr. Lee stated that the special permit has been granted and the project has been built out.  However, the buffer of trees has not been provided to the satisfaction of the neighbors and also the building inspector.  Rick Merrikin, Merrikin Engineering, Millis, MA was present to represent Lexus.  They had worked out a plan with the neighbors for a certain number of trees to be provided voluntarily by Herb Chambers.  What has transpired is the berm has become longer that originally presented by 15-18’ and it is also higher than what was originally agreed, approximately 11-13‘ above the property line.  Mr. Chambers thought that would address the concerns of the neighbors.  He has tried to accommodate all the neighbors.  They did do various types of work on the abutting properties, but the issue seems to be the end of the berm that was added toward the Guitterez property.  Suffolk Construction got frustrated as it seemed that it was never enough.  However, they will plant more trees if that is what the board wants, but they would prefer to not have to be back before the board in a month or two.  Mr. Merrikin further stated that 10-12’ trees were ordered from Lovell’s.

Mr. Lee stated that the trees were not added “voluntarily”, but was part of the decision.  Further, the applicant agreed to plant 10-12’ high trees.

Bob Higgins, 2 Carriage Lane, Walpole:  he is an abutter to the site and has measured the trees and there is not a 10’-12’ tree on the property.  He submitted pictures to Mr. Lee.  He stated he questioned the landscaper why they were planting 8’ trees and the subcontractor/landscaper stated he was doing what he was told to do.  Mr. Higgins stated it is hard to believe that a reputable landscaper would substitute 8’ trees in place of 12’ trees.  At this point, all he is asking that they continue the trees along the top and have them come down the side.  He has spoken with Ken Treen, a Walpole landscaper, who stated that would be no problem to do.

Mr. McCarville asked if there are six trees in total and Mr. Higgins stated yes.   Mr. Merrikin stated they would be happy to replace those six trees.  Mr. Higgins stated they would like a 15’ pine tree as that would cover the top part.  Mr. McCarville asked if that was it and Mr. Higgins stated yes.  Mr. Newman asked

SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 25, 2007   (5)

Mr. Merrikin to draw up a plan and get Mr. Higgins to sign off on it and then bring it back to the Zoning Board.  Mr. Merrikin stated that presently there are 43 trees and only 38 were originally required along with a berm.  They do have to be careful as the water and sewer go through this property.

Mr. Lee asked if Lexus would agree to plant seven 10-12’ high trees and one (1) 15’ pine tree and Mr. Merrikin stated yes.  Mr. Lee stated that the project is beautiful and is an asset to the town.

Bob Sansone, Old Post Road:  he lives behind Lexus and that berm on other end is inadequate as there is a big wide space that allows him to see cars from his kitchen window.  Also at night the lights should be brought down to 50% and that is not happening. It seems they don’t ever turn them off.  Mr. Merrikin stated that the switch was broken.  Mr. Sansone stated that the short berm was not adequate and also there is a reflection from the cars during the day time.  They also have not watered any plants in at least two months.

Lexus General Manager:  stated there is an irrigation system that takes care of the watering.

Joe McManus, 16 Neal Street:  stated that Neal Street is a dead end at the Lexus property.  He thought there was suppose to be a fence.  Mr. Lee stated no, just trees and a berm.

Mr. Lee reminded Mr. Merrikin that they agreed to seven 10-12’ arborvitaes and a 15’ pine tree.

It was moved, seconded and voted to adjourn.  The meeting adjourned at 10:40 P.M.

                                                                Respectfully submitted,