SHARON ZONING BOARD OF APPEALS MINUTES OF FEBRUARY 27, 2008
A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, February 27, 2008 at 8:00 P.M. in the Town Office Building Lower Level. The following members were present: John Lee, Chairman; Kevin McCarville, Secretary; Lee Wernick, Larry Okstein, Seth Ruskin, Walter Newman.
Mr. Lee opened the meeting at 8:00 P.M.
8:01 P.M. Edward McCarty, 20 Webb Road, Case No. 1608: Mr. Lee read the public hearing notice and correspondence received from Greg Meister and Jim Andrews. There were no neighbors present. Mr. Lee stated that he had requested that the Board members ride by and check out the property as he noticed it was already under construction. He then spoke to the Building Inspector who does not have a problem that the project had been started and then abandoned.
Mr. McCarty and his builder, Paul Dunn, 124 Singletary Avenue, Sutton, MA were both present. Mr. Dunn stated that there is an existing enclosed porch, which will now open directly into the kitchen. There will also be an exterior access way to his basement. Mr. McCarty stated there is also a small two-season porch to be incorporated into the building. He presented a certified plot plan. He stated there will be no bulkhead, but there will be a set of stairs to provide access to the basement.
Mr. Lee asked if this will be one large room and Mr. McCarty stated yes. It will be a dining room/great room. Mr. Newman asked about the porch. Mr. Dunn stated it has storm windows, but no heat and it will not be insulated. It will be usable for two seasons only. They are planning on incorporating this into the living space and will be used as a dining room. Mr. Lee stated this is extremely close to the property line and he asked if Mr. McCarty has spoken with his neighbors. Mr. McCarty stated yes and they are all behind him. He is not going any closer to the neighbors, but is just coming out toward the front. Mr. Newman asked if the addition will be on a slab or have a foundation. Mr. McCarty stated there will be a foundation so there can be stairs going to the basement. The will be a door on the side with a set of stairs going into the basement. Mr. Newman asked if they will need a sump pump in the basement and Mr. McCarty stated he has a pump, but it is not a sump pump. There is no water in his basement and presently there is a couch, television and washer/dryer.
Mr. Lee stated the new plan shows they are not getting closer to the non-conforming portion. He stated that the decision will reflect it is presently a two-bedroom house and will remain a two-bedroom house with no new bathroom.
Mr. Lee stated that Mr. Wernick, Mr. Newman and Mr. Ruskin will be voting.
Mr. Wernick moved to approve the application as submitted for 20 Webb Road as per plans dated February 26, 2007. Said approval is subject to the board’s standard conditions of approval and a special condition that the house is presently two bedrooms and will remain two bedrooms. Motion seconded by Mr. Newman and voted 3-0-0.
8:20 P.M. Sharon Commons, Case No. 1609: Mr. Lee read the public hearing notice. He asked the applicant the status of the tenants in the large building. Atty. Rudman stated they don’t know yet. Mr. McCarville stated the board has a responsibility to the town as to what will be there. He stated we need to insure that the town gets what they were promised. Atty. Rudman stated if they could say what would be there, they would. In terms of timing, the economy is in a difficult place in the retail industry.
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They are working very hard, but it is taking longer than was expected and these factors are out of their control. Mr. Ruskin asked if someone has been assigned to the big store and Atty. Rudman stated no. Mr. McCarville stated there are many rumors in town. People don’t want a K-Mart or Target as they want something more upscale. Mr. Shelmerdine stated he gets asked all the time, but he doesn’t have an answer as nothing has been signed yet. He stated the board will be the second to know as his client will be the first.
Atty. Rudman stated they did have specific tenants in mind and at this point they are still talking to them.
Mr. Okstein stated he has a potential conflict and will file with the Board of Selectmen. It is a situation where his partner is handling a case against Michael Intoccia as well as one entity he is involved with. He doesn’t have anything to do with it himself. He asked if anyone has a problem with this and if so, please let him know now. Mr. Lee contacted town counsel and was told to give a letter to the Board of Selectmen as they are the appointing authority. Mr. Shelmerdine stated they are aware of this issue and they have no problem with Mr. Okstein voting or sitting on the board.
Mr. Newman asked where we stand with the Design Review Committee. Mr. Lee stated they are still working with the applicant and Ed Hershfield will continue working with both the applicant and the ZBA. Mr. Newman asked if there are any outstanding issues and Beth Green stated no. Mr. Lee stated that splitting this into three phases makes sense. Mr. Newman asked if the Design Review Committee rendered a report and Mr. Lee stated they gave us recommendations and that was part of conditions in our decision. Mr. Shelmerdine stated that the Design Review Committee will not be part of Phase 2 as it is a technical phase. They will be more involved with Phase 3. Mr. Lee stated we will not excuse them at any time.
Mr. Newman stated we did discuss deliveries and trucks already as that was a previous issue. Mr. Lee agreed that was already addressed and the tenants should understand what we want.
Mr. Shelmerdine stated he has set an agenda for tonight’s meeting: 1) submittals to be made tonight, but not reviewed yet; 2) over view of traffic and off site improvements. Tom Houston has reviewed this and will submit general comments; and, 3) wastewater design.
Mr. Caputo submitted full size plans of Phase II to the board and stated that Tom Houston was given a duplicate set. He also submitted a landscape plan, all of which is required by the board’s previous decision. Mr. Caputo stated that they have reissued the sign package and there is a check list that was produced also from the board’s previous decision. However, the landscape design along the street is not as yet complete, but will be forthcoming. They have been working closely with Tom Houston.
Mr. Lee asked if Mass Highway has granted approval yet for this development. Mr. Caputo stated it has been indicated to them that they have a mitigation plan that is acceptable to them. The next step with Mass Highway is to design what is approved. They are planning on making two more submittals to them. Further, when they get beyond BEPA, there will be a study review, not a design review. Mr. Lee stated that South Main Street is a state road and asked if a state permit will be required. Mr. Caputo stated yes and as yet they don’t have that as he has to finish the design. Mr. Lee asked if they will have that before the board votes on the Phase II approval and Mr. Caputo stated no as it will be many months in the works. Mr. Lee asked if Mass Highway will say if it is okay with the Town of Sharon, it is okay with them? Mr. Houston stated they suggest that the board retain continuing jurisdiction over the project
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and to adopt any conditions imposed by Mass Highway. Further, the Board of Selectmen have jurisdiction over Old Post Road and South Main Street improvements. Also, Norfolk County and Mass Highway are involved. With respect to the sequencing, under law the job of the MEPA process is to provide a decision-making tool so the permitting agencies can understand the impacts of the project. Mass Highway is constrained from issuing a permit until the MEPA process is complete. However, he assured the board that the process is moving along as it should be. The framework is in place with refinements being made and has been for several months. There are some elements that Mass Highway will have to rule on.
Mr. Lee asked regarding the wastewater facility that is being proposed, how many gallons per day? Mr. Caputo stated approximately 60,000 per day. Mr. Lee asked if it will be treated to drinking water standards and Mr. Caputo stated yes. Further, they will have a groundwater permit.
Mr. Lee asked where things stand with regard to the adjacent project and Mr. Caputo stated the two entities will not link up at all. Mr. Newman stated this is the first he has heard of the residential project. Mr. Shelmerdine stated they have been working on this to do a filing. Mr. Lee stated that at one time they were tying them both in, but now it is not as complicated. Mr. Houston stated that MEPA said they should consider the impacts of both these projects.
Mr. Rudman stated on the wastewater management facility, the concerns of this board were shared by the Board of Health. All those issues were to be resolved before the Board of Health closed their hearing and issued a lengthy list of conditions. They will vote that decision this coming Monday. Mr. Shelmerdine stated they were originally scheduled to meet with the Board of Selectmen next week, but they have been postponed for a little bit.
Mr. Caputo discussed traffic. He stated they have prepared a traffic impact study in the form of a MEPA filing. They have an existing base line and a no-build base line. In the report, “A” is the best; “F” is the worst. According to the report, everything is at a level “D” or better. They also want to make sure that the Life Style Center will fit into the town. Twenty-one locations went through an analysis. They are ready to enter into a definitive design phase now. Some comments came up with both police and fire, so they agreed to add Opticom systems to all the newly built signals from the center of town all the way out to where they will be. Mr. Lee asked if they are willing to add to the existing traffic signals and Mr. Caputo stated yes, all the way to Route 95.
Mr. Caputo stated that the Old Post Road right of way is their front door. They will have access to South Walpole Street and the end of Old Post Road will be gated, but they will need to add a traffic signal at Gavin Pond Road and several other places along the way. All the traffic signals will be programmed to work together in the South Main Street and Mechanic Street corridor. He stated that Tom Houston has the data to make it work the best it can. Mr. McCarville asked if there will be a backup in case of a primary outage and Mr. Houston stated if you lose power in the town, you will lose power everywhere.
Mr. Caputo stated that geometrically the off ramps from Route 95 will remain the same. There will be no turn on red. Mr. Wernick asked about the improvements with the southbound off ramp as he feels that ramp will jam up very quickly. Mr. Caputo stated they have gone over that with Mass Highway and there will be a two-lane striping, in order make separate right hand and left hand turns. They are still working on that with Mass Highway. He further stated that presently Shaw’s has two curb cuts but they are working with them to consolidate that into one to be managed by traffic signals. There will be a lot of traffic, but it can be handled. Mr. Caputo believes that all the traffic studies comply as to the “scope”.
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Mr. Ruskin asked if all the lights are expected to run the same way all the time and John Morgan stated they will probably change on weekends. Mr. Houston stated they will monitor this for two years. Mr. Caputo stated there is a one-year warranty on the light to make recommended adjustments to the signals if there is a bad movement that doesn’t work properly.
Mr. Houston stated there are a few outstanding issues: one issue is the sequence of phases and what line turns green in what sequence. This needs some fine tuning; 2) there is an issue regarding the tapering of lanes; 3) signage. When they get through with all of this, Mass Highway will come through with their own criteria that will have to be met. They might even require a bike line which will widen the roads even more. Mr. Caputo stated their intent on this phase is to satisfy the board and the town. The design details are being developed for construction and you will get construction level drawings, not final ones.
Janet Dunlap, 65 South Walpole Street: asked if the traffic base line data done during school vacation week? John Morgan stated no, it was done in March 2007. Ms. Dunlap asked about pedestrian traffic and Mr. Caputo stated there will be push buttons on two approaches. Mr. Shelmerdine stated there will be new sidewalks on the Shaw’s side also. Ms. Dunlap asked how all the new signals will tie into the existing ones at South Walpole Street as it is hard to get out of there now. Mr. Caputo stated they won’t communicate with each other because they are too far apart. The queues don’t back up to each other; however, the Oak Street light in Foxboro s part of the queuing.
Mr. Lee asked if there is any service that is less than “Level D” in this area and Mr. Caputo stated no. Mr. Houston stated that Wolomolopoag is less than Level D now, but that will be upgraded. It is not signalized now. Mr. Lee stated there will be four traffic lights within a quarter of a mile. Mr. McCarville would like a copy of the mitigation plan via PDF so they can review it. Mr. Lee stated he will make sure that the Sharon Advocate gets a copy also as people are concerned. Mr. Newman asked about Ward’s Farm and if there are any concerns. Mr. Caputo stated he doesn’t think they studied it. Mr. Lee asked if a lot of intersections are being improved even through there will be more traffic and Mr. Houston stated yes, the total volume of traffic on the streets will be more, but it will be addressed. Mr. Lee asked if people will feel they are losing chunks of their yards and Mr. Caputo stated yes, they will feel it; however, the tree line will be left untouched. Mr. Lee suggested they look at mitigation to help the neighbors. Mr. Shelmerdine stated there are only four neighbors affected and they have already met with some of them. Mr. Okstein asked if they could get the traffic signal to encompass Ward’s Farm and Mr. Houston stated there is nothing they can do there as they can’t place a traffic signal just anywhere. There is a requirement of 150 vehicles/hour and that is not realistic there. However, they might get help by the gaps in the traffic.
Mr. Lee questioned sidewalks and if there will be crosswalks and press buttons at all the intersections, including Wolomolopoag. Mr. Caputo stated he believes so. Mr. Lee stated he wants to make sure there are decent sidewalks so people can get to the mall safely. Mr. Caputo stated there are many new sidewalks and crosswalks with pedestrian controls. Mr. McCarville asked if they are handicap accessible and Mr. Caputo stated they will meet all the current ADA standards. Further, they are going to cul-de-sac Laurel Road and they added a sidewalk along the east side of Old Post Road from Laurel Road. There will be a raised crosswalk to keep the traffic speed to 30 mph. Mr. Lee asked if the State could look at a bike lane and Mr. Houston stated it will be discretionary on their part as it may not be a requirement here. Mr. Lee stated a life style mall may be conducive to a bike lane. Mr. Caputo stated that all the intersections will be signalized for bike detection.
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Mr. Lee stated it sounds like a lot of good progress has been made. The board feels that pedestrian and non-vehicular traffic is important to the town. Mr. Rudman stated there is a gate that will prevent cars from going down South Walpole Street and into the shopping center. This could be done for bikes also if the board would like. Mr. Lee stated he would like two pillars to block the car traffic.
Frank Gobbi, Old Post Road: he is an abutter and asked if they talked about the construction of Old Post Road yet. Mr. Caputo stated no, but that will be before the Board of Selectmen next week. That needs to be approved by them. Mr. Gobbi asked why he wasn’t noticed by certified mail and Mr. Lee stated we are not required to do so. He asked if Mr. Gobbi received notice and he stated yes. Mr. Gobbi asked the status of the proposed housing. Mr. Shelmerdine stated that is not part of this submittal as this is just the commercial center being discussed tonight. However, they will be proposing 168 units on two separate parcels. Mr. Houston stated there are schematics of this; however, that is part of the final design and is not anywhere near ready at this time. Mr. Lee asked him if he is the current or former owner and Mr. Gobi stated he is both. His concern tonight is the relocation of Old Post Road. Mr. Lee stated he believes the relocation of Old Post Road is quite minor or about 20’ at the most. Mr. Gobbi stated that is not correct in his estimation. Mr. Lee asked him his concerns and Mr. Gobbi stated his concern is with the changes at Laurel Road. Mr. Lee asked him if the moving of Old Post Road will make him landlocked and Mr. Gobbi stated no, but it reduces the value of his property. Mr. Rudman stated there is an agreement with Mr. Gobbi and he believes this is a private matter that is the subject of a contract. If Mr. Gobbi has concerns, he would have private redress to that. Mr. Lee stated this is a public meeting. He thought the neighbors were okay with Old Post Road being moved. The Zoning Board did vote on approving the conceptual layout of Old Post Road after much input from the neighbors. Mr. Gobbi stated he had lengthy discussion with the developer with unsatisfactory answers. He also owns another house on the other side of the street. Mr. Caputo stated there have been provisions on the plans that those houses will have full access to Old Post Road. It wasn’t that way originally, but it is now. Mr. Lee stated that when we approved the conceptual plan, he thought there was going to be a driveway to Laurel Road. The Zoning Board approved Old Post Road being modified without any residential access. Mr. Caputo stated if you don’t live there you can’t get to Old Post Road. Mr. Shelmerdine stated there are three houses – one has no frontage on Laurel Road, but has access to Laurel Road. Mr. Caputo stated that Mr. Gobbi wants a driveway out to Old Post Road from his home. He thought the Selectmen would be the approving authority. Mr. Lee stated that this board gave approval based on certain factors. Now we are being told that you are going to connect it out to Old Post Road. That is a modification to our plan. Mr. Caputo stated he thought approval came from the Board of Selectmen, not the Zoning Board. Mr. Shelmerdine stated they look into this issue. He is not sure that the last house having frontage on Old Post Road is a condition of the site plan approval. Mr. Lee stated we had a drawing and plans submitted by the applicant and we referred to those plans. Now it seems like we are dealing with the applicant making modifications to our approval. Mr. Shelmerdine stated they can’t make modifications if the board doesn’t agree. Mr. Lee stated we approved Phase I which now has a modification to it. At the end, we will either approve or disapprove the modification. Mr. Rudman stated the plan that was approved by this board only shows the site. If there were additional conditions that have been misunderstood, they need to address them. Changes such as the curb cuts would be under the jurisdiction of the Selectmen, but they also showed the changes to this board. Mr. Lee stated we approved the plan showing looping over to Laurel Road. Mr. Houston stated there is a “look back” condition. Mr. Caputo stated the board will see other things they approved slightly modified. They will present the changes to the board. Mr. Lee stated that what will happen is we have given approval for Phase I, including the conceptual plan.
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Now at the end when we have all three phases, we will need to approve the final plans. Mr. Caputo stated it is final for the site, but not the buildings. What if the Selectmen don’t agree with the Zoning Board? Mr. Lee agrees that the Selectmen are the road commissioners. Mr. Rudman suggested that we talk to town counsel about the ability of this board to set restrictions on access that third parties can have on a public road. Mr. Lee stated he thinks he knows the answer to that. Mr. Rudman stated there are other houses that expect to have access to Old Post Road. Mr. Houston stated there is a tract of land on the other side of Old Post Road which is a huge area but there is a possibility for a few houses to be built there. Mr. Caputo stated it was the intent that Old Post Road would not be a through street, but would remain a dead end. Mr. Gobbi stated Old Post Road is a public road as it exists now. Mr. Lee stated that this board is very aware of that. We clearly understand that and it will remain a public road which will be blocked off by the Board of Selectmen as road commissioners. We don’t have the right to do that.
There were no further public comments.
Mr. Lee continued this hearing to April 9th at 8:00 p.m.
It was moved, seconded and voted to adjourn. The meeting adjourned at 10:20 p.m.
Respectfully submitted,