SHARON ZONING BOARD OF APPEALS MINUTES OF MARCH 12, 2008
A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, March 12, 2008 at 8:00 P.M. in the Town Office Building. The following members were present: John Lee, Chairman; Kevin McCarville, Lee Wernick, Seth Ruskin, Larry Okstein.
Mr. Lee opened the meeting at 8:00 p.m.
Minutes: Mr. Wernick moved to accept the minutes of October 24, 2007, January 23, 2008 and February 13, 2008. Motion seconded by Mr. Ruskin and voted 5-0-0.
Appointments:
8:05 P.M. Robert Ross, Case No. 1610, 48 Berkshire Avenue: Mr. Lee read the public hearing notice and also letters that were received from Jim Andrews and Greg Meister. There were no objections to this application.
Mr. Ross stated he would like to put on a 2’x15’7” addition. This will expand the bedroom as presently they have only 18” between the bed and the dresser. He feels the 2’ expansion will make a big difference. Howard Levine, a neighbor, put on the same addition and it did make a significant difference. It doesn’t change the outside look of the house, as it will line up with the current roof line. Mr. Wernick asked if the roof on that side extends out 2’ now and Mr. Ross stated that was correct. He showed the boards pictures.
Mr. Lee questioned the plot plan as it had a 2002 date and he also questioned by drawing on the plan. Mr. Ross stated that Jim Miller just drew the addition onto that plan. Mr. Lee stated he just drew on it and didn’t revamp it? Mr. Ross stated that is correct.
Mr. Lee asked if they put an addition on this house previously and Mr. Ross stated yes off the back in 2003. Mr. Lee asked if he expanded to either side and Mr. Ross stated no only to the back. Mr. Lee stated this new addition will encroach into the setback area. Mr. McCarville asked if Howard Levine is the neighbor in the setback that is encroached on and Mr. Levine stated yes. He further stated the bedrooms are so small, he pushed out 2’ on the bedroom and the den and it seems to be enough. It seems that because of the size of the lots, no matter what you do, you have to go for a variance. Mr. Lee asked if the two additions will bump out toward each other and Mr. Levine stated yes. He also stated they support this petition.
The neighbor at 44 Berkshire stated they were also in favor of this petition.
Mr. Okstein recused himself as the contractor is related to his cousin.
Mr. Ruskin asked Mr. Levine about the space between the two houses and asked if he went for a variance and Mr. Levine stated yes. The beauty of this is there are no foundations. Mr. Lee agreed and stated because it doesn’t involve a foundation, it is easier for the board. He also told Mr. Levine that this board didn’t give him a variance, but a special permit. He asked that this be clarified for the record.
Mr. Lee stated that Mr. Ruskin, Mr. Wernick and Mr. McCarville will be voting on this application. He stated that there will be standard conditions and also a note that there will be no foundation. Mr. Lee stated that the plan in front of the board is not acceptable because it hasn’t been updated. He stated that Jim Miller needs to stamp the plan and date it with today’s date. He stated we will vote at the next meeting in order to wait for the stamped plan. Mr. Ross asked to close the public hearing. Mr. Lee agreed to close the hearing and stated we will wait for the updated plot plan and vote at our next meeting scheduled for April 9, 2008.
8:20 P.M. Wilber School, Case No. 1606 Continued Hearing: Joseph Timilty, Mark Beaudy; and Jason Korb were present.
Mr. Timilty stated that before the last hearing recessed, there were several questions that needed to be answered. They have tried to do that with the materials that were submitted. Mr. Korb discussed what was in the notebooks that he submitted to board: 1) elevations; 2) traffic mitigation; 3) acousticals; 4) HVAC; 5) public sidewalks; 6) Engineering Department memo; 7) financial review; i.e.; they will be entirely within the purview of DHCD; 8) show recently completed developments in Haverhill.
Mr. Beaudy stated that the site lights on the location did not change and there were additional light bollards added. Regarding site lighting, they would like it to be a LED certifiable building, as they want to get the LED credit. Regarding the landscaping plantings, there were concerns about headlight that additional shrubs to block headlights. They added additional clumps of evergreens to fill in also.
Mr. Lee asked if they are limited to 20% profit and Mr. Korb stated yes. Also, regarding affordability, he listed the approximate rents; further, they are planning on increasing the number of affordable units.
Bill Hayden, Board of Selectmen, stated that the gallon output that goes into the system is a determining factor on who can be allowed to hook up. They have been in contact with the abutters in the neighborhood and there are eight homes, which would be allowed to hook up. They have asked Peter O’Cain for a study showing the costs associated with this. It is the intention of the board that whatever is remaining after the abutters would allow the town hall and fire department to hook up.
Mr. Lee asked how many residences are we talking about and Mr. Beaudy stated that per Peter O’Cain there would be about 24 bedrooms or a total of 7-8 houses. However, if there were eight abutters that are interested, there would be nothing left for the fire department. At this point, it is still to be determined as to how many will be connected. Mr. Beaudry stated there will be an O&M agreement and a treatment plant operator, which would not be a full time position. However, it would be visited on a daily basis. Mr. McCarville asked if the abutters would be totally dependent on this function and Mr. Beaudy stated that is correct. There would also be a series of monitor wells on site. Mr. McCarville asked if they would be manual or automated and Mr. Beaudy stated they would be automated, but would need to be overseen by a person. Mr. Korb asked if that means every day and Mr. Beaudy stated yes.
Ruth Silverman stated the operator would need to match what is required for the system.
Mr. Hayden stated there are two places presently in town – the high school and Mac Farms that are operated by the same company. Mr. Lee asked if a three-bedroom house is involved, they could not come before the ZBA for a 4-bedroom. Mr. Korb stated there could be extra capacity.
David Chilinski will discuss elevations. He stated he did the same set up in the Brockton building and have really studied the existing building. They would like this to be comparable with the other historic buildings in town by trying to capture some of the characteristics of what exists without getting into specific duplication. They want it to appear to be a building of this time also. There will be elements of brick, but not totally. They are also proposing to put in new windows. They also plan to use some of the characteristics of the existing building and add it into the new building. There are only a couple of window types that will be repeated throughout the building, so there will not be a lot of variations and everything will be matched throughout. They will put a 21st century touch to the building. Further, the new building will not be any higher than what exists and the outside will be a painted hearty board. Mr. Lee asked why they are not continuing with the brick material throughout the addition and Mr. Korb stated it is too expensive and makes the project totally unfeasible. Mr. Lee asked how many units will be in the original part of the school and Mr. Beaudy stated there are 36 existing and 43 proposed. Mr. Lee stated he is asking because people think the Wilber School is being saved, but something larger is being built in the back. He also asked if the outside of the building will fade. Mr. Chilinski stated it will be painted and can be repainted in the future as it will be cement. Mr. McCarville asked what it is susceptible to and Mr. Chilinski stated it is a stone building when done, but they are trying not to make it look like stone. Gordon stated it is fire retardant. Mr. Lee asked for input from the fire department.
Gordon, Historical C omission: stated it was pretty clear to the public what the quantity of units there was going to be as they have been up front with this. In terms of the historic restoration, he feels they are doing an admirable job.
Mr. Lee asked if the HVAC will be on the roof and Gordon stated yes, but they will be pulled back from the edge so you can’t see it. David Chilinski stated it can either be screened or pulled back from the edge.
Mr. McCarville stated he would like to see a walk around showing the worse point. Mr. Chilinski agreed. Mr. Ruskin asked if there are balconies on the top and Mr. Chilinski there are balconies at the ends.
Chris Fairweather, 20 Chestnut Street: This has come a long way from what they were shown a month ago. He would like to see more brick, as he is not sure how the proposed panels will site with the existing building. His big concern along with the rest of the neighborhood is that the South Pleasant Street façade is really close to the street and roughly 45’ high and also the visibility of the fourth floor. The building being put on the back is bigger than the existing building. There will be a very large wall right up against neighboring properties. Mr. Lee stated that is his concern also. We could cut back on the number of units, which would decrease the size of it. We are not necessarily at that point, but we could issue a comprehensive permit for 69 units instead of the 79 units requested. We don’t really want to do that and he is sure they don’t want us to either. Mr. McCarville stated that something could be done to assuage the concerns of the abutters. Mr. Timilty stated that based on the suggestion of 69 units versus 79, is there a way to look at this site so as to achieve the number of units that they want, but also be able to meet the concerns of the neighbors? Mr. Beaudy stated there are probably some things they can look at. Mr. Timilty stated he would like that on record. Every board including the Board of Selectmen has recognized what they are trying to do. They want to fit in. If they can mitigate with the neighbors, they will do so. Mr. Lee stated that the high part in the back would alleviate some of the concerns of the abutters. Mr. Chilinski stated they will also look for a way to relocate the fourth floor so it is not so visible. Mr. Korb stated that part of this plan is due to input from the town. They are trying to work within the constraints of the treatment plant.
Regarding Tab 2, Traffic, Jason Korb stated the figures were done at peak times. Mark Beaudy stated that Vanasse and Associates look at the trip generation. There was basically one trip/minute during peak hours. Vanasse felt there was not a significant impact on traffic in this area. For example, if everything went onto South Main Street, there would be a 3% increase. The goal was to slow traffic down and improve pedestrian and vehicular safety. There are a total of 36-37 signs posted in the neighborhood and some of them are tandem signs. Mr. McCarville stated that within a two-hour period, either day or night, there is a lot of traffic coming from the train station; one-third of the cars go left and two-thirds go right toward the Wilber School. Mr. Beaudy stated there are also proposals for cross walks in this area, speed limit signs, go slow children signs, etc. They will also provide better pedestrian crossings. He feels this is a work in progress and would like more feedback from the neighbors. All these issues can be easily adjusted. Mr. Okstein stated he is very familiar with this area and he doesn’t think signage will take care of all the problems. He would like raised speed bumps or something else that would force the driver to slow down. Mr. Korb stated that 4-way stop signs are pretty effective in slowing down traffic. They tried to break it up so a car cannot speed up before it has to stop. Further, they originally had two 4-way stop signs in a row, but he is not sure if people would like that. If the Engineering Department and neighbors are in favor, they would do it. Mr. Beaudy stated the Engineering Department is not in favor of speed tables. They need something that could be removed when it snows, but there are things that can be done. We know that the DPW doesn’t want speed bumps. He will speak with Peter O’Cain.
Mr. Okstein stated they are talking about 79 units and that is a lot of traffic. Mr. Lee stated there will be people walking in this area also. Mr. McCarville asked if Vanasse took into account the inhabitants’ vehicles? Mr. Korb stated yes, that is proposed somewhere. Mr. McCarville stated he would like to see it. Mr. Lee stated he would like to know the vehicle count as he feels 3% is on the high side. Mr. Korb stated one car per minute during peak would be coming out of the Wilber School Development. Mr. Lee stated that needs to be added to the other traffic.
Chris Fairweather stated they have asked for a four-way stop sign from the town and the neighbors think that is great, as it seems to be a natural place to put it. His concern if the traffic flow from the Wilber School and also people that will be visiting. He thinks they will end up parking on the street during the day, which can cause problems because the streets are so narrow. He is not sure if there is a way to restrict parking. Mr. Ruskin doesn’t think that would be a problem during the day as people aren’t really home. Mr. Korb stated they are providing more than one space per bedroom. Mr. Lee stated he feels parking will be at a premium. Mr. Hayden stated the area is already restricted with a time limit because of the train parking. He feels this will become an enforcement issue and we should speak to the police chief about it. Mr. McCarville asked if they can guarantee parking for the units and Mr. Korb stated yes; one bedroom will have one space and two bedrooms will have two spaces. They are willing to work with the people and will provide stickers. Anyone parking on this site without a sticker will be towed. There will be visitor parking and staff parking.
Mr. Lee stated he will ask for comments from the town engineer regarding speed tables. He asked if they have done peer review on previous projects. Mr. Korb stated yes.
Mr. Lee asked if there were any questions regarding Tab 3, Wastewater. Mr. Hayden stated he spoke earlier on this issue and will have more specific answers in about two weeks. Mr. Okstein asked what if the count is more than eight houses, will there be a lottery? Mr. Hayden stated they don’t think there will be even eight houses at the moment, but a lottery would be fair. Mr. Lee stated he is comfortable with the way treatment plant will be run. He questioned the HVAC and generator and Mr. Korb stated the generator will run for about ten minutes per week. Mr. Lee asked them to come up with a visual plan and Mr. Timilty agreed. Mr. Korb stated that everything meets the DEP requirements at the property line. Mr. Lee asked how many decibels at the property line and Mr. Korb stated 1-2 decibels in the daytime and 3-8 at night. The DEP standard is you can’t exceed more than ten decibels. Mr. Chilinski stated that because the units are on the roof, there will be less dispersion of sound compared to if they were located on the ground. It will create a manageable impact.
Gordon: any information on the size of the units? Mr. Korb stated 5 ton per each unit. Mr. Chilinski stated there will be a compressor also. Mr. Lee asked if the units will be sprinklered and Mr. Korb stated yes for all units, including the basement.
Regarding sidewalks, Mr. Lee asked why they don’t put sidewalks on South Pleasant Street and Mr. Beaudy stated the grading on site would necessitate some retaining walls, as it would be fairly steep. They don’t feel it would be practical. They also don’t anticipate a lot of sidewalk use. Chris Fairweather stated there are people who will come up Pine Road, cut across and go up Chestnut. Mr. McCarville stated that in the future there could also be a library on the town owned land. Mr. Lee asked them to look at what it would take to put a sidewalk around the whole site. Mr. Hayden asked what if you got an okay for the other side of the road. Mr. Okstein stated he doesn’t see the draw back of having a sidewalk go around the perimeter of the building. Mr. Lee stated the board will look at this more closely. He also asked them to look at putting one in along South Main Street as this is the downtown area and they would like it to be pedestrian friendly. Mr. Korb stated he will look at the Selectmen’s recommendation also.
Regarding site lighting, Tab 5, Mr. Beaudy stated this would be under the LED program and there is not much else to say about it. Mr. Lee asked if the lights would be 42” high on sides of the building and Mr. Beaudy stated the bollards are 42” high. Mr. Korb stated that no lights will shine on the abutters.
Dave: The Historical Commission is interested in the façade and would like to have the representatives of the Wilber School come to one of their meetings. Mr. Timilty agreed.
Mr. Lee asked if there will be any street name and what will be the address. Mr. Korb stated it will be 75 South Main Street. They did speak to the DPW, Fire Department and Post Office and they are all comfortable with leaving it as it presently is. Dave stated it already has an historical name in Wilber School. Mr. Korb stated they are open to suggestions.
Mr. Lee stated that regarding the Peer Review, we have had applicants in the past do a peer review. The firm would be picked by the ZBA and paid for by the applicant. We have used Earth Tec with good results. It would not cost a huge amount of money. Mr. Korb agreed. Mr. Lee stated he will contact Earth Tec and they will coordinate this with Mr. Korb. Mr. Lee asked that the peer review be done on: traffic, wastewater, ground water, storm water and sound.
Dave, Historical Commission: if there is going to be an official name change, they would like to know about it.
Mr. Beaudy asked if there will be interaction with Earth Tec and Mr. Lee stated yes and it is not an adversarial process. Mr. Beaudy stated if things could be done behind the scenes, it would save a lot of time. Mr. Lee stated they will submit a report to the ZBA. Mr. Korb stated he would like this done as soon as possible. Mr. Lee stated he will email them tomorrow. He also stated they would value input from the neighbors and he would want them to support this project.
There were no further comments or questions. Mr. Lee continued this hearing to April 23, 2008 at 8:00 P.M.
It was moved, seconded and voted to adjourn. The meeting adjourned at 10:30 P.M.
Respectfully submitted,