SHARON ZONING BOARD OF APPEALS MINUTES OF NOVEMBER 28, 2007
A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, November 28, 2007 at 8:00 P.M. in the Lower Level, Town Office Building. The following members were present: Regular Members John Lee, Chairman; Kevin McCarville, Clerk, Lee Wernick (8:17 P.M.) and Alternate Members Larry Okstein (8:05 P.M.) and Seth Ruskin.
Mr. Lee opened the meeting at 8:00 P.M.
8:00 P.M. New Hearing – Case No. 1601
71 Mohawk Street
Mr. Lee read the public hearing notice. He also read a letter dated November 27, 2007 from Jim Andrews, Health Agent and a letter dated from Greg Meister, Conservation Agent, dated November 28, 2007. There were no issues with Ms. Gallagher’s request.
Ms. Gallagher stated that the front of her house does not face the street, but faces the yard. The stairs need to be replaced so they will build right over what exists. The house is presently 5’1” from the street. Mr. Lee asked if there is a porch there now and Ms. Gallagher stated no, just stairs. Mr. Lee stated that 5’ from the road would be a concern, but he has spoken with the Building Inspector and he is not concerned because the road dead-ends after Ms. Gallagher’s house. Also, this will not increase the non-conforming nature.
Mr. McCarville asked if the porch will be heated and Ms. Gallagher stated no, it will just be an open porch. Mr. Lee stated that she is before us because of the 5’. Further, the town will not likely be improving the road at any time in the near future.
There were no public comments.
Mr. Lee stated that the members voting on this request will be John Lee, Kevin McCarville and Seth Ruskin.
Mr. McCarville moved to approve this request as per a plot plan dated October 12, 2007 for 71 Mohawk Street with the board’s standard conditions and the following special condition: 1) no construction will be closer than 5’1” to the property line. We recognize this is a dead end street and the property is adjacent to the train tracks. It is unlikely that the town will ever improve this roadway.
Motion seconded by Mr. Ruskin and voted 3-0-0.
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8:09 P.M. New Hearing – Case No. 1603
Elizabeth and Joseph Daley
21 Beach Road
Mr. Lee read the public hearing notice. Mr. Lee read a letter from Jim Andrews, Health Agent dated November 27, 2007 and a letter from Greg Meister, Conservation Agent dated November 28, 2007. Mr. Meister does have an issue with this request as per his letter. Mr. Lee asked for a copy of the original decision.
Mr. Daley stated they would like to modify the original plan by adding more footage to be used closet space and other interior things. They would like to increase the foundation by 12’ in depth. They would like a 3-bedroom house, as it would be more functional than a 2-bedroom house.
Ms. Daley stated that her parents will be coming in the summer and their house is presently only two bedrooms. Mr. Daley stated they will fit this into the existing footprint. He submitted a copy of the actual floor plan to the board. Mr. Lee asked what the current septic plan is for and Mr. Daley stated it is for a 3-bedroom house. Mr. Daley stated he also did a retaining wall that was approved by the Board of Health. The extra footage will go back toward the woods, not the lake. The bedroom will be where what was going to be the cathedral ceiling above the family room.
Mr. Lee stated that the property does have a 1500-gallon tank, which would be for a 3-bedroom house.
Mr. McCarville stated that the illustration before them doesn’t show what they are planning above the family room. Mr. Lee asked Mr. Daley where on the plan it shows what they are proposing and Mr. Daley stated on page 3 of the floor plan that was submitted. Mr. Daley stated it is shown where the second bedroom was supposed to be larger. The only difference is the one wall separating the bedroom. Mr. McCarville asked if they are going over only half the family room and Mr. Daley stated yes. Ms. Daley stated it is basically a lofted room with a wall for privacy. Mr. Lee stated there will be three levels according to the plan. He asked if there are any neighbors present and there were not. Mr. Daley submitted a letter from a neighbor, Bradley R. Cook, 24 Beach Road dated November 27, 2007. He has no objections to what the Daley’s are proposing to do.
Mr. Wernick asked if there will be one tub and two showers upstairs and Mr. Daley stated yes.
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Mr. McCarville stated we previously approved everything except the 12’ addition at the back of the proposed foundation and the third bedroom. There will be an added bedroom above the garage and den 12’ across the entire back or 12’x44’7”. Mr. Daley stated that it is within the same dimensions that this board approved last year.
Mr. Lee stated he would like the Daley’s to come back to another meeting, as he wants to review what was approved previously. He would also like to review how the additional 12’ affects the remainder of the house. The Daley’s say it is an extra 12’, but we don’t actually see it. Mr. McCarville agreed as he would like to see the difference.
Mr. Daley stated they paid lots of money to their architect to draw what is in front of the board. Mr. McCarville stated he would also like to see the original filing, decision and plans. Mr. Lee asked the members to drive by the house to see this. He stated we are concerned about the height as this is a sensitive area.
Mr. Daley gave the board copies of what is approved.
Mr. Lee continued this hearing to December 12, 2007 at 8:00 P.M. He asked that the Daley’s submit architectural plans for both inside and outside, also what was approved back in 2006 and what they are proposing now. Mr. Wernick agreed as he would like to see what was approved and what they are requesting.
8:32 P.M. New Hearing – Case No. 1604
34 Longmeadown Lane
Mr. Lee read the public hearing notice. He read a letter from Greg Meister, Conservation Agent dated November 28, 2007 and a letter dated November 27, 2007 from Jim Andrews, Board of Health Agent, who stated the applicant needs to resolve septic system issues.
Mr. Lee asked Mr. Klein where he stands with the Board of Health. Mr. Klein stated he needs two estimates from the contractors. Mr. Lee stated we do not approve anything without approval from the Board of Health first.
Mr. Klein stated he is proposing to take down a 3-season porch and add a kitchen and also storage space in the basement. Mr. McCarville asked if he is planning on shifting anything else around and Mr. Klein stated no. Mr. McCarville asked if there will be more bathroom and Mr. Klein stated no. Mr. Wernick asked what the plan in front of them is and Mr. Lee replied it is the whole house. Mr. Klein stated he is pushing out a wall. Mr. Lee asked if this will be all new construction and Mr. Klein stated yes and that it will look exactly the same from the outside. Nothing will be made bigger.
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Mr. Lee asked if there is a bedroom in the basement and Mr. Klein stated yes. Mr. Wernick asked if there is a bathroom in the basement and Mr. Klein stated yes. Mr. Lee asked if this is presently a 3-bedroom home and Mr. Klein stated yes. Mr. Wernick stated he would like to see the septic plan before proceeding any farther.
Mr. Lee asked why there are two mailboxes out front and Mr. Klein one belongs to the person across the street.
Mr. Lee stated he will not close this tonight and asked if the board wanted to give the applicant their consensus. Mr. Wernick stated he would like a restriction on the walls not being put up again. Mr. Lee stated we are concerned about people creating new bedrooms as it changes the character of the neighborhood also. He stated it might not happen now, but could happen 10-20 years from now by someone who might buy this house. He would like the French door widened, so it can’t be made into another bedroom. Ms. Klein asked if the door can still be closed and Mr. Lee stated yes, but it should be obvious that the room is a music room or a reading room. Mr. Lee asked them to get on the Board of Health schedule for approval of the septic system upgrade. They should then come back to this board with their Board of Health approval in hand.
Mr. Lee continued this hearing to January 23, 2008 at 8:00 P.M.
8:45 P.M. Continued Hearing - Case No. 1602
TKG Fitness
700 South Main Street
Mr. Lee asked Mr. Parham if he had a letter from the Chief of Police and he stated no, but he does have a letter describing the safety character of the site. Mr. Lee stated he dropped off a packet at the police station after the last meeting. He stated that the chief is concerned about drinking alcohol on the premises and if something does happen what would be the town’s recourse. The chief feels that if problems do develop, we need to be able to go back and look at this. We will look at the hours of operation tonight.
Mr. McCarville questioned the security system. Mr. Parham had originally stated there would be 4-6 cameras, then he said six. Also, there will be no lead to the police station. He again asked the applicant how many cameras is he planning to put there and Mr. Parham stated six. Mr. McCarville stated the cameras you are suggesting are low grade. The quality doesn’t lend itself to any legal situation. He asked Mr. Parham if this is the only system available to him and Mr. Parham stated they will be using a card reader also. Mr. McCarville stated he does have serious concerns with a 24/7 operation that is unattended; he would feel better if something on site were “live”. The area in question is directly off Route 95. He is disappointed with their security measures as the cameras could be better quality and the card readers could have a thumbprint. This 24/7 has never been done before.
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Mr. Lee asked if he would feel better if the camera had 30 frames per second and Mr. McCarville stated he would like a live feed to the police station, which is what would make him feel better. This is a first for the town and he doesn’t want to put our response team into jeopardy. Mr. Wernick agreed as he is concerned with the hours also as we are directly off the highway. We are now almost an urban town in our approach and he agrees with Kevin McCarville on the security upgrades. Mr. Okstein thinks it is a great area for a gym. He also doesn’t like the access to the highway. People don’t do things if there are cameras around. There are however people who are in a different “state” that the cameras won’t matter to. He would like the hours to be the same as Shaw’s, but if it is open all night, he would like it staffed. He doesn’t like the idea of someone walking to their car across an empty parking lot. He feels that if they want to be open after 11:00 p.m., it should be staffed between 11:00 p.m. and 6:00 a.m. He does realize that to be unstaffed does allow them to keep down their costs. Mr. Ruskin stated he shares the 24-hour concerns, but if the police chief is comfortable, he would be also. He is willing to agree to contingencies. Mr. Okstein asked how the applicant would feel about a camera to cover the parking lot and Mr. Parham was okay with that.
Jim Zoppo, South Main Street and an Associate of Irv Frankel, Property Manager: he stated he has contacted the Police Chief, who indicated he would like a monitor in the police station, but wouldn’t demand it. He was, however, aligned with giving approval for 24-hour use, but would like the ability to revisit in light of any improprieties. Mr. Lee stated that in the decision, we could state that the police would have 100% legal access to the applicant’s video. Mr. Parham stated that would not be a problem. Mr. Wernick stated he still doesn’t like it and feels it would be a very attractive nuisance. Mr. Lee asked if it would be legal to put about the police in as a condition and Mr. Wernick stated yes as the business would typically turn over their tapes to the police. Mr. Parham stated he doesn’t have a problem with that but he understands that the police chief declined to do that. Mr. Wernick stated that puts the problem back on this board.
Irv Frankel, Mall Property Manager: just asks that the board is reasonable. So much has happened over the past five years. Mr. Ruskin asked what the bank that is in the plaza thinks about the 24/7 hours and Mr. Parham stated they have no problem with it. Mr. Frankel stated the board needs to be reasonable with what goes in there. This space has been empty for over a year. They have turned down a number of interested people, and now feel they have found the perfect fit.
Mr. McCarville stated this has nothing to do with Mr. Parham personally; his concern is about a freak accident and also about the safety of the townspeople. Mr. Parham stated he hears that and that no one would want that on their conscience. Unfortunately, there are no perfectly safe places in the world. He believes this is a safe environment and he has been looking at this concept for the better part of a year. There have been zero incidents of theft and they feel they will provide a reasonably safe environment for their customers. Mr. Frankel stated that several abutters can’t wait for the fitness center to open.
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Also, they have thrown hundreds of thousands of dollars into this mall to make it a better shopping center. He feels some consideration needs to be given to that. He asks that the board be practical. He should be allowed to open this fitness center.
Jim Zoppo, South Main Street: stated he has been in this area for over thirty years without problems. Mr. Ruskin asked Mr. Parham to talk about the 24/7 concept and asked what if they were closed between 11:00 p.m. and 5:00 a.m. Mr. Parham stated it is an important part of the value proposition. Further, 92% of the people polled liked the idea of 24/7. Mr. McCarville asked him if he would attract enough clientele to fund a person on site after hours. Mr. Parham stated he doesn’t know, but it would change the break-even point. Mr. McCarville stated that the people in Sharon would go to this gym if they wanted to regardless of the price. Mr. Parham stated this would simply offer convenience and there are people who have various needs who would like a 24/7gym.
Mr. Lee stated one option is 24 hours as proposed. There will be three people voting, so it needs to be unanimous. Mr. Parham stated there are five people sitting. Mr. Lee stated there are alternates. He stated we could limit the hours to be the same as Shaw’s. If this board does vote this, it would be without prejudice so they can come right back to the board with any changes, if necessary. Mr. Parham asked if the could proceed with 24/7 and come back if there is a problem. Mr. Lee stated that is not our legalese. He asked Mr. Parham if it would sense for them to limit their hours of operation? He asked Mr. McCarville if he would feel better with an upgraded security system and Mr. McCarville stated he feels staff should cover the hours regardless of the upgrade. Mr. Okstein stated he does understand that the concept is not to have it staffed. Mr. Parham stated it would only be staffed part-time in general. Mr. Okstein asked why it couldn’t be staffed during the third shift only and Mr. Parham stated it needs to be staffed during the peak hours. It would change the break-even point also.
Mr. Okstein asked how it would be determined to revisit this and Mr. Lee stated the chief of police would want the ability at his discretion. Also, any felony or misdemeanor would cause it to be revisited. Mr. Wernick stated we need to measure the public safety aspect. Mr. Okstein stated there could be a problem in the plaza that doesn’t come from the gym. Mr. Lee stated we could condition this that the hours of operation to be reviewed by the ZBA after the police chief tell us he want something reviewed.
Mr. Lee stated that the applicant must hear the concern of the board and asked if there is anything Mr. Parham could do to alleviate the concerns that have not been voiced already. He talked to the Building Inspector and this is an allowed use. It is the hours of operation that are questionable. Also, Special Permit #965 is based on water contamination issues on the site. The gym would have very little water use so it will not impact the special permit. We can simply regulate the hours of operation.
SHARON BOARD OFAPPEALS MINUTES OF NOVEMBER 28, 2007 (7)
Mr. Lee stated they can either close the hearing tonight or keep it open and come back with something the applicant thinks would be supported by the board; or, we can close and take a vote tonight with the following conditions: 1) no alcohol on site; 2) better quality cameras; and 3) revisit allowed with police issues plus any other conditions the board would like to add.
Mr. Parham stated that if the board has concerns remaining regarding what is being proposed he would like them addressed in the stipulation portion of the decision. Mr. Lee asked about Mr. McCarville’s concerns with the bio-metrics. Mr. Parham stated there are no problems at their other locations. Mr. Lee stated we could add as a condition that the applicant needs a better bio-metric.
The following conditions were agreed to by the board: 1) review by the police chief or by the majority of the Zoning Board of Appeals; 2) no alcohol on the premises; 3) special lock or controller on the bathroom door and/or lights; 4) low light surveillance on the cameras; 5) police chief has the discretion to bring this back for review if there are any problems; 6) bio-metrics along with card access and fingerprinting will be required; 7) trial period for four months and then everything will be revisited at that time; 8) low light camera system; 9) the gym will be closed from 12:00 midnight to 5:00 a.m.
Mr. Parham asked what if they modify their proposal to be closed from 1:00 a.m. to 4:00 a.m. for a three or four month trial period. If there are no incidents in that trial period, the 24-hour access could be put in place. Mr. Okstein stated if he is suggesting a trial run, he should do it the other way. Also, the cameras will change a lot of issues. Mr. Parham stated if they increase the resolution of the camera to low light, would the board be satisfied? Mr. McCarville stated he will not approve this without bio-metrics. Mr. Parham asked if the hours of operation are still a problem. Mr. Lee stated we haven’t voted anything yet. Mr. McCarville stated he would like the third shift taken out of this whole thing. Mr. Parham asked how to proceed with the non-debatable portion. Mr. Wernick stated he doesn’t think we can as this whole proposal needs to be together. Mr. Lee agreed that everything is tied together. Mr. Parham stated the decision could be written stating the approval is for use up until midnight. He wants to open 24/7, he needs to refile for a special permit again. Mr. McCarville would like the 12-5 gone. Mr. Lee asked if that would negate the need for bio-metrics and Mr. Wernick stated no.
Ed Logan, 437 N. Main Street: is there a maximum amount of time to discuss this tonight. Mr. Lee stated no.
Mr. Parham feels they should proceed with this and stated he will make sure that the hours of operation are agreeable to the board. Mr. Parham asked that the public hearing be closed at this time.
Mr. Lee stated that Mr. McCarville, Mr. Okstein and Mr. Ruskin will be voting on this application.
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Mr. Wernick moved that the above nine conditions be a part of this approval. Motion seconded by Mr. Ruskin.
Mr. Okstein feels that the upgrade in security doesn’t need to be done because of the elimination of the third shift.
Motion voted 3-0-0.
Mr. Lee stated he will forward this to town counsel before the board endorses it.
10:06 P.M. Continued Hearing – Case No. 1591
Rabinovich
435 N. Main Street
The applicant was represented by Joel Fishman, Esq. He said there should be a letter in the file from the fire chief. Mr. Lee read a letter dated November 5, 2007 from Fire Chief Dennis Mann into the record.
Mia Rogers, VHB, was present to discuss the landscaping plan. She stated there are two entrances into the site and there will be a 5’ island. There will also be a 5’ landscape buffer, which is a pretty dense buffer along with a 6’ board fence. There will be screen plantings along the fence also. They will try to keep the existing vegetation at the back of the site. Mr. McCarville stated that the crab apple trees will attract a lot of bees and there will be children on site. Ms. Rogers stated they could substitute the type of trees.
Mr. Lee asked if the neighbors have seen the landscape plan. Atty. George Comeau stated yes. Mr. Fishman stated there will be lights on the outside walls, which will be shielded and will not be on after 8:00 p.m. Mr. Wernick asked how were the walls and Mr. Fishman stated he is not sure. Mr. Lee stated a condition would be no exterior lights after 8:00 p.m. Mr. Fishman stated he was okay with that, but there may be a porch light on. Mr. Lee stated that is okay, but all bright lights need to be off by 8:00 p.m.
Mr. Fishman submitted a drainage report and plans. Mr. Lee stated the plan shows them to be 6” PVC off the side of the building and they will drain into the galley, but the majority will be trapped and under the pavement. He doesn’t feel they will need a stormceptor separator, as this is a small project.
Mr. Fishman stated that on occasion, some parents will come for a Hanukah party. There will be no on-street parking and there will be nine on site spaces available in the parking lot. They will move cars off site if necessary to accommodate people. Also, four times a year there will be parent conferences on a Sunday. These will be done by classes and they will adhere to the same conditions regarding parking. Also, parents can car pool if necessary.
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Mr. Fishman asked that the board allow these two things to go on as at one meeting the board had stipulated no special events. That is why he is asking that question.
Mr. Lee stated that as long as it doesn’t interfere with the traffic, the board would not have a problem. He suggested that they talk to the neighbors about these events as they are scheduled. Regarding the no-cut area, the less disturbance, the better for the neighbors.
Mr. Comeau thanked the board for their close attention to the plan and the neighbors do understand this is allowed by right, but also it is a residential neighborhood. He feels the process has gone quite well with respect to working with VHB and the attorneys. The plans have been very much improved. He would like the order of conditions to address: 1) timing of the lighting; 2) no signage plans; 3) no playground equipment shown on the plan and also the location of same; 4) regarding special events, those should be limited to face to face conversations with the neighbors. The small parties during the day could be mentioned within the day-to-day operations, but whatever happens on the weekends should be done face-to-face with the neighbors; 5) would like to see the final drainage plans; 6) to the northeast corner, a driveway exits toward the direct abutter. They would like to work with the applicant to keep the trees pruned to help with sight issues.
Sharon, 61 Bay Road: feels conventions should be during school hours. She does not want weekend functions or the noise generated by kids.
John O’Neil, 437 N. Main Street: concerned that this be kept to a Monday-Friday operation. Mr. Lee stated that will be right in the decision, but we will allow four occasions in a calendar year. They can also have parent/teacher conferences on a Sunday, but no open houses.
Lee Aster, Bayberry Drive: asked if this will be open year round. Mr. Fishman stated yes. Mr. Comeau stated they cannot park on Bayberry Drive as it is a private way.
Mr. O’Neil asked where the playground equipment will be located. Ms. Rabinovich stated it will be directly behind the building where the old garage is now.
Mr. Fishman asked to close the hearing. He stated he will draft a decision, send a copy to George Comeau and also the ZBA. They will have town counsel review.
Lee Aster, Bayberry Drive: could this be turned into something other than a day care? Mr. Lee stated no, but it could remain as daycare in this area.
Mr. Lee stated this will be a one-story building with a basement for storage.
SHARON ZONING BOARD OFAPPEALS MINUTES OF NOVEMBER 28, 2007 (10)
Mr. Lee closed the hearing and stated the board will wait for a draft decision before actually voting. We do have a copy of the final plans, but asked that a silt fence be shown on the plan. Mr. Comeau asked when the demolition and construction will begin and Mr. Lee stated that is up to the applicant. Ms. Rabinovich stated as soon as possible.
It was moved, seconded and voted to adjourn. The meeting adjourned at 10:50 P.M.
Respectfully submitted,