A regular meeting of the Town of

SHARON BOARD OF APPEALS MINUTES OF DECEMBER 12, 2007

A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, December 12, 2007 at 8:00 P.M. in the lower level of town hall. The following members were present: Regular Members John Lee, Kevin McCarville, Lee Wernick, and Alternate Members Larry Okstein and Seth Ruskin.

Mr. Lee opened the meeting at 8:00 P.M.

Minutes: Mr. Wernick moved to accept the minutes of November 14, 2007, November 26, 2007 and November 28, 2007 as presented. Motion seconded by Mr. Ruskin and voted 5-0-0.

8:05 P.M. Continued Hearing: Case No. 1602

TKG Fitness

700 S. Main Street

Mr. Lee stated that the voting members would be Mr. McCarville, Mr. Ruskin and Mr. Okstein.

Mr. Lee stated that the applicant has stated they could not possibly do biometrics and he asked for the board’s opinion. Mr. Wernick stated he is very concerned as he feels the parents will buy a membership and it will go around the family. Mr. Okstein stated he is concerned about it not being staffed; however, he is okay with this if there are time limits put on it. Mr. Ruskin agrees with Mr. Okstein. Mr. McCarville stated that there are three means of identification that would be acceptable to him: what you have – card; what you know – pin; who you are – bioimetric. He doesn’t feel comfortable with an unmanned operation without at least two factors such as a pin number with a card for safety. He doesn’t want something to happen to a child. Mr. Wernick stated this operation is very different and attracts a different type clientele.

Mr. Lee stated we have a draft decision before us dated November 30, 2007 which is what the board put together previously. He stated the vote needs to be unanimous. He asked if anyone is willing to propose a modification to Condition #7 by adding a pin with a card. Mr. Okstein asked if it is feasible to do that. Mr. Parnham, the applicant, stated there is no existing site that has this type of security implemented; but, they do believe they can implement this at this particular site if there are no unexpected glitches. Mr. Lee stated that would be part of the conditions, all which would have to be met in order to get an occupancy permit from the Building Inspector.

Mr. Okstein moved to amend Condition #7 to reflect it be a two-factor system consisting of a card and a pin number of six or more characters. It was also agreed that Condition #8 would require six (6) low light cameras. Motion seconded by Mr. Wernick and voted 3-0-0.

Mr. Parnham questioned Condition #9. He stated he is not sure how to accomplish one person at a time as required by this condition. Mr. Lee stated it would be in the design. Mr. Wernick stated a timed light would be acceptable. Mr. Parnham asked if it could be a timer on a light and Mr. Lee stated that would be sufficient. Mr. Lee further stated that the board is very nervous about this as there is nothing else in town similar to this application.

Mr. McCarville moved to grant the Applicant's request to approve a modification to Special Permit #965, Condition 13(vii) to allow a fitness center at the Site subject to the following special conditions:

1. The Facility shall be constructed in accordance with the plans submitted herein and incorporated herein by reference.

2. If any new toilets are installed at the site, they will be “low flow” toilets.

3. The applicant shall take reasonable steps to prevent loitering in the fitness center.

4. Hours of operation shall be 5:00 a.m. to 12:00 midnight.

5. No alcoholic beverages or illegal drugs will be allowed in the fitness center or on the plaza site.

6. If the Chief Police determines at a future date that the hours of operation are detrimental to public safety, the ZBA must review the special permit and can make modifications to the special permit. These modifications shall include but are not limited to hours of operation and supervision of the facility by the fitness center or property owner.

7. Access cards with a pin number of six or more characters shall be used as a two-step authentication system.

8. The six (6) cameras used on the site shall be “low light” cameras with resolution greater than or equal to 30 frames per second.

9. Bathroom access is to be designed to limit access to one person by the use of either timed lighting or a timer on the light.

Motion seconded by Mr. Wernick and voted 3-0-0.

8:21 P.M. Continued Hearing: Case No. 1603

Joseph and Elizabeth Daley

Beach Road

Mr. Daley submitted an architectural plan to the board. Mr. Lee stated that the original decision was from March 2006 and the Daley’s had received an extension from the board. The board had also issued a decision in June 2001.

Mr. Daley stated they would like to add an additional 12’ to the garage which will go to the family room above it. This would allow room for a third bedroom to be put in this space.

Mr. Wernick asked where the street is relative to the garage. Mr. Daley stated the garage is on the left end of the house. Mr. Lee asked if the addition will be on a slab. Mr. Daley stated the right side will have a full foundation and the left side will be on a slab. Everything will be well within the height restrictions. Mr. Wernick asked if this has been approved by the Board of Health and Mr. Daley stated yes for a three bedroom system. Mr. Lee stated another issue is that this was approved for a 46% increase and now they are coming back for more. Mr. Daley stated it is still less than the 46 % originally approved. Mr. Lee asked him to explain that statement. Mr. Daley stated they are at 2600 s.f.+/- including the added porch. Mr. Lee stated the top design is presently approved and the bottom is being proposed. He asked if there were any neighbors present and there were not. Mr. Daley stated the neighbors are okay with this. Mr. Wernick asked if the dimension of the living room is 15’x16’. Mr. Daley stated it is 24’x36’ or 12’x24’ additional space. It is the size of an extra garage stall. Mr. Wernick asked him to show the dimensions on the plan. Mr. Lee stated that the plans they gave to the board tonight do not show any dimensions, but they should. Mr. Daley stated he would like to work that out with Mr. Kent. Mr. Lee stated the dimensions will be referenced in our decision and at this point, the actual dimensions are not clear. He asked the board if they want to put in the decision that the addition is 12’ more. Mr. Wernick stated he is not comfortable with having the Building Inspector interpret our meeting minutes. He won’t know what he is enforcing. Mr. Daley stated the addition is simply going 12’ off the back. Mr. Daley stated he will add the dimensions to the plan and submit them to the board before the end of tonight’s meeting.

8:41 P.M. Continued Hearing: Case No. 1591

Rabinovich

435 N. Main Street

The members voting on this application will be Mr. Lee, Mr. McCarville and Mr. Wernick. Mr. Lee stated the applicant has done everything requested of them and he feels the board is ready to vote. There were no questions from the public.

Mr. Wernick moved to approve the application of Ina Rabinovich for a child care facility pursuant to MGL Ch 40A, S3. Motion seconded by Mr. McCarville and voted 3-0-0, subject to the following 11 conditions:

1) The building, parking area, playground, landscaping, building lighting, parking striping and storm water infiltration system at the premises shall be constructed and located as shown on the plans;

2) There shall be no signs on the premises except for parking lot directional signs;

3) There shall be no left turns out of the parking lot as directed by right turn only signs at the parking lot exit and striped on the ground as shown on the site plan;

4) The hours which the child care facility may operate are Monday through Friday, 7 am to 8 pm;

5) The parking lot lights and playground lights may operate Monday through Friday from 7 am to 8 pm;

6) There shall be no weekend day care related activities or programs on the premises with the exception of parent-teacher meetings. The applicant may conduct parent-teacher meetings on no more than four Sundays during any calendar year;

7) There shall be no parking of vehicles on North Main Street;

8) The basement may be utilized for storage, but shall not be used for the active conduct of the child care facility;

9) There shall not be more than 38 children occupying the premises at any time. There shall be no more than 44 persons (including children) occupying the premises at any time;

10) During the morning drop off and evening pick up times at the facility, the applicant shall schedule the staggering of the start and end times into separate sessions such that no more than 8 vehicles will be loaded or unloaded in any one 15-minute period. Applicant shall provide such schedule to the Building Inspector prior to the commencement of operations and once annually every calendar year thereafter.

11) If the Police Chief, Building Inspector and Town Engineer jointly determine that the queuing of vehicles entering the child care facility impedes the flow of traffic on North Main Street, the Zoning Board of Appeals shall be so notified and shall schedule a hearing with the applicant. After said hearing, the Zoning Board will decide how to resolve the issue, which resolution may include a police detail, the cost of which will be the responsibility of the applicant.

8:43 P.M. Continued Hearing Case No. 1573

Simpson Housing Comprehensive Permit

Located Off Route 1

William McGrath from Earth Tec stated they are proposing retaining walls to keep the grading away from the wetlands as much as possible. Also, given the size of the proposed site, there will be a storm water management plan. He stated they have requested of waivers from 1) the standard parking size; 2) the parking requirements;

3) wetland setback requirement; 4) subdivision regulations; 5) ANR contents; 6) water requirements; 7) from the required zoning district as this would be located in a light industrial zone; 8) local stormwater management requirements; 9) street trees; 10) roadway alignment issues, such as vertical and horizontal curves.

Mr. Lee asked if they have any input from Peter O’Cain and Mr. McGrath stated not yet. He also asked if there are any significantly steep grades and Mr. McGrath stated yes, it would be 7-9% at the entrance and exit driveways. Mr. McGrath stated that would be subject to Mass Highway permitting as this project is located off Route 1. There is a sharp turn coming in off Route 1 and then a 9% grade. Mr. Wernick stated this is an area of concern for him. Mr. McGrath stated he would like a deceleration lane, but that would also be subject to Mass Highway. Mr. Lee stated that we have been waiting since day one for Mass Highway’s approval and we were told they won’t do that until the comprehensive permit is approved. This has been an issue from the very beginning.

Atty. Patrick McMann stated that Mass Highway said the Zoning Board can condition their approval. Mr. McGrath stated they have asked for clarification of accelerate/decelerate lanes on Route 1. The area in question is posted for 45 mph, but the cars go faster than that.

Mr. Wernick asked if the applicant owns the land right up to Route 1 and Mr. McGrath stated the first 30’ belongs to Mass Highway. There are no sidewalks within the site and the roads are only 20’ wide. He feels there should be a pedestrian path so people wouldn’t have to walk on the street. Also, the radius on the curves should be granite at the entrances and also within the site. He suggested that the board review Sheets 8 and 9 from the plans dated October 5, 2007 which shows the drainage. Mr. McGrath feels the drainage will meet the requirements of DEP. The system that drains into the retention pond will have a water quality unit and there will be a 6”-18” pipe. Also, a yard drain will pick up drainage from across Route 1. Mr. McGrath stated they would like to phase the project.

Mr. McGrath stated that with regard to hydrants on site, they will defer to the Fire Chief. Mr. Lee asked if the buildings will be sprinklered and Mr. McMann stated yes.

Mr. McGrath stated they have asked for some clarification on the construction details. Mr. McCarville asked if there is only one way into the site and Mr. McMann stated yes. Mr. McMann stated there is also a deed restriction for safety purposes and they changed the entrance as requested by Mass Highway. They also made it wider by 5-8’ and increase from what was originally before the Zoning Board.

Brian Yegatian, BSC Group, stated that the actual turning radius is now 75’.

Mr. Ruskin asked if there will be appropriate signage so people will slow down. Mr. McMann stated there will be signage in two places. He feels the problem will be visitors, not the people who live there.

Mr. Lee asked for questions or comments from the board. Mr. Ruskin asked if children will be living here and Mr. Yegatian stated he doesn’t know. Mr. Ruskin stated he feels an issue would be the kids on bicycles. Because of the narrow width of the street, there is no space for cars and kids. Mr. Yegatian stated he feels that is a legitimate concern.

Mr. Lee stated the applicant has spoken about encroaching on the wetlands, but feels they are doing so because the project is so dense. Further, he stated they are asking for waivers because that is a concern. We are up to 204 units now. Mr. Wernick stated maybe they should reduce the number of units. Mr. McMann stated there is no other place to go with this. They have already met with the State and they are at an impasse at this point with them.

Mr. Lee asked if there is anything on the table now with Brickstone and Mr. McMann stated no. Mr. Lee stated he has heard that there are some deals being made now that the Zoning Board is not in favor of. Mr. McMann stated this is a tight site and they are trying to balance a lot of issues.

Bob Higgins, Carriage Lane: stated he abuts this property and traffic has increased over the years. Herb Chambers Lexus is a problem and so is Patriot Place. Six or seven years ago, there was going to be an overpass over Route 1, but he is not sure what the status of that is now. He has written to Mass Highway, but has no response from them as yet. With regard to this application, there is no recreation provision at all, so there will be no place for the kids to go. They will be going into the neighborhoods and toward the country club.

There were no further questions or comments.

Mr. Lee continued this hearing to January 23, 2008 at 8:00 P.M.

9:45 P.M. Continued Hearing: Case No. 1592 – Guttierez

The applicant was represented by Bill Caulder and Brian Yegatian, BSC Group. Bill McGrath from Earth Tec is working on behalf of the Zoning Board.

Mr. McGrath stated this project was a 5-lot subdivision, but one lot was given to Simpson Housing and the remaining four lots will be a 40B project. Mr. Lee asked if anything other than the retention basin falls within the 100’ setback and Mr. McGrath stated one house on the far corner does and also some of the grading between those houses. Mr. Lee asked if there will be sidewalks and Mr. McGrath stated none are proposed. Mr. McGrath stated this will remain a private way and maintenance will be done by the residents. Mr. Lee asked if the Walpole Fire Chief is on board with this as you can’t get to this site without traveling through Walpole. Mr. Yegatian stated they will get letters from both the Sharon and Walpole fire chiefs.

Mr. McGrath suggested that the board allow this to be kept as a private way and make that a condition of approval. Mr. McCarville asked the difference between a public way and a private way. Mr. Yegatian stated that on a private way, the residents are responsible through a homeowners’ agreement. Mr. Ruskin asked if the mailman will go up there and deliver mail or will they be required to have boxes at the end of the road. Mr. McGrath stated he is not sure.

Mr. Caulder state there would be four homes: one affordable unit and three regular market homes. Mr. Lee stated this will be a 900’ dead end and Mr. McGrath agreed. He questioned hydrants and Mr. McGrath stated there will be no Sharon water. Mr. Lee questioned the proposed waste water facility. He asked if a pipe will bring over potable water as well as waste water and Mr. Yegatian stated yes – processed water. Mr. Lee asked if Mr. McGrath has any contamination concerns with the water draining into the wells and Mr. McGrath stated he didn’t look at that too closely, therefore, he would defer to the Board of Health. He doesn’t know if they have approved this yet or not. Mr. Yegatian stated not yet. Mr. McGrath stated if the septic system becomes larger because of review by the Board of Health that could be an issue. Mr. Yegatian stated all the systems have met Title V. Also, the Board of Health has done test pits under the guidance of Jim Andrews.

Mr. Caulder stated there is an existing stonewall on site they may be able to preserve. The area is heavily vegetated now, but they are planning on doing a site walk to see what trees can be saved.

Mr. Lee asked if this is the same area where an office development was proposed and Mr. Caulder stated yes. There was an access and utility easement, but because the project did not go forward, he doesn’t know what happened with that. He will confirm the status of that easement. He also stated that all the homes will be hard wired for smoke detectors instead of battery operated smoke detectors.

Mr. Lee asked if there will be any steep grades and Mr. Yegatian stated the grades on site are around 6%. Mr. McGrath stated he has no issue with that, but it should be part of the waiver package. Mr. Lee stated we will have the town engineer look at that.

There were no questions from the public.

Mr. Lee continued this hearing to January 23, 2008 at 8:00 P.M.

10:26 P.M. Continued Hearing Case No. 1603

Joseph and Elizabeth Daley

Beach Road

Mr. Lee reviewed Mr. Daley’s request for a modification to an existing approval as follows: 1) 3-season porch, 1^st level and storage bump out; 2) second floor – larger living room (original request); 3) second floor – covered balcony (original request); 4) 15’x16’ = actual bedroom to be located exactly above the family room. Mr. Lee stated we want to make sure this house isn’t sitting up high. Mr. Daley stated they will be going 2’ into the ground and building 4’ above the ground. After the soil is in place, there will be only 2’ of the foundation showing. Also, there will be a retaining wall across the whole front and they plan on landscaping it.

Mr. Lee stated the members voting on this request will be Mr. Ruskin, Mr. Okstein and Mr. Wernick.

Mr. Wernick moved to allow Special Permit #1548 dated March 17, 2006 be modified to allow a change in the architectural plan for property located at 21 Beach Road and situated in the R2 Zone within the Surface Water Protection District. Motion seconded by Mr. Ruskin and voted 3-0-0 subject to the board’s standard conditions and the following special conditions: 1) the foundation will not be more than 2’ exposed in the front of the house; 2) this was designed as a 3-bedroom home and will remain a 3-bedroom home; 3) the plan dated December 12, 2007 shall be the plan of record.

Avalon Bay: Mr. Lee moved to change the street name from Avalon to Goodband as per request of the Historical Commission. Motion seconded by Mr. McCarville and voted

5-0-0. It was agreed to notice Ben Puritz of this change.

It was moved, seconded and voted to adjourn. The meeting adjourned at 11:00 p.m.

Respectfully submitted

Approved 1/23/08