SHARON ZONING BOARD OF APPEALS MINUTES OF APRIL 9, 2008
A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, April 9, 2008 at 8:00 P.M. in the Lower Level of the Town Office Building. The following members were present: John Lee, Chairman; Kevin McCarville, Secretary; Lee Wernick, Larry Okstein, Walter Newman.
Mr. Lee opened the meeting at 8:05 P.M.
Minutes: Mr. Wernick moved to accept the minutes of February 27, 2008. Motion seconded by Mr. McCarville and voted 4-0-0.
Appointments:
8:06 P.M. Decision – Case No. 1610
Pamela and Robert Ross, 48 Berkshire Avenue
The board had voted to close this hearing on March 12, 2008, but did not vote as they needed a certified plot plan, which the applicant has submitted.
Mr. Wernick moved to approve the application as submitted for a 2’x 15’7” proposed addition to the master bedroom as shown on a plan dated January 24, 2008 by Michael Antonino, Stoughton, MA. Motion seconded by Mr. Lee and voted 3-0-0 (Wernick, Lee, McCarville). Said approval is subject to the board’s standard conditions and one special condition that the addition would have no foundation.
8:11 P.M. New Hearing – Case No. 1611
Mr. Lee read the public hearing notice and also a letter from Jim Andrews, Health Agent dated April 7, 2008 stating they had no objections. Greg Meister, Conservation Agent, was present and stated they also had no objections.
Mr. Weibe stated they would like to take down the existing porch, change the dimensions slightly, make it a family room with a bedroom up over. Mr. Wernick asked how many bedrooms are there now and Mr. Weibe stated there are two bedrooms up and one bedroom down, but when they are done with the alteration, it will be a four-bedroom house. Mr. Lee asked what the septic is designed for and Mr. Weibe stated four bedrooms. He submitted an approved septic plan along with an as-built plan and a Title V report. Mr. Lee asked if there is a closet in the downstairs bedroom and Mr. Weibe stated no. Mr. Wernick stated that room will not count as a bedroom. Mr. Okstein asked the square footage and Mr. Weibe stated there is currently 1350 s.f. and they are proposing an additional 700.s.f. Mr. Lee stated they are squaring off and going up which seems reasonable.
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Ms. Jones, an abutter, stated she is concerned about the water problems. She grew up in Mr. Weibe’s house and agrees that they will need more room. However, her house is in one of the lowest spots.
Mr. McCarville stated that the setbacks are correct. Mr. Lee stated the septic is new and there will be no change in the run-off because they are building up. Mr. Weibe stated the deck will be staying the same as they are just changing what is above it and the family room will be where the porch is presently. Mr. Lee stated the impervious cover will not change and further what is presently the enclose porch will become art of the new family room. Mr. Newman stated that according to the plot plan, there is only one place where the applicant is actually adding on. Ms. Weibe agreed and stated the other part is over the existing kitchen and bathroom, so the footprint isn’t changing.
Mr. Newman stated he doesn’t feel the plan that was submitted is a fair representation of what is being added on. Mr. Lee asked if he feels the building inspector will have a problem with this. Mr. Newman asked if they have submitted a floor plan and Mr. Lee stated yes. Mr. Newman stated the Building Inspector should be okay with this as long as we have a floor plan.
There were no further comments from the board or abutters.
Mr. Lee stated our standard conditions will be a part of our decision along with two special conditions 1) the home is presently a 3-bedroom home and will be a 4-bedroom home when done. The septic system is designed to support four bedrooms; 2) the new addition will be no closer than 24.1’ from the sideline.
Greg Meister questioned if there was an issue over the number of bedrooms and Mr. Lee stated we don’t to increase the bedrooms unless we are absolutely sure that the septic system will support that. Mr. Meister stated if this was in an overlay district, he would have been against another bedroom being added. Just because a system is designed for four bedrooms doesn’t mean it can be done, especially in a sensitive area. Mr. Newman stated that Jim Andrew’s letter said it would not increase the design flow and that is not true. Mr. Wernick stated we have an honest applicant that said three bedrooms even though there is no closet. Mr. Okstein stated the fourth bedroom could be contested. Mr. Lee asked that the minutes be noted that the letter from Jim Andrews stated this addition would not increase the design flow, but the Zoning Board feels it will.
The applicant asked to close the hearing.
Mr. Newman moved to approve the application as submitted for 10 Quincy Street as per the following plans: 1) plan by JSG Interior Design, 93 Squantum Street, Milton dated August 3, 2006 showing the proposed addition and alteration; and 2) a stamped plot plan dated January 24, 2008 by Michael Antonino, 31 Ledgebrook Avenue, Stoughton, MA showing the proposed 14’ x16’ family room addition with a bedroom over.
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Said approval is subject to the board’s standard conditions of approval and two special conditions: 1) the house is presently a 3-bedroom home and will be a 4-bedroom home when done and 2) the new addition will be no closer than 24.1’ from the sideline.
Motion seconded by Mr. Wernick and voted 3-0-0. (Newman, Wernick, Okstein).
8:35 P.M. 13 Drake Circle Remand, Case No. 1615: Mr. McCarville recused himself. Mr. Lee read the public hearing notice. He stated this is a request for a variance. He asked the applicant if they paid the $91.00, which was due for the legal ad. The applicant’s attorney, Richard Nyland, stated he had a conversation with Jon Rockwood regarding the remand. Also, he will pay the Sharon Advocate invoice tomorrow morning.
Mr. Lee stated the board previously rejected this application because this is a substandard lot and it was appealed to land court and then remanded back to the Zoning Board.
Greg Meister, Conservation Agent, stated the Conservation Commission issued an Order of Conditions because the project met their rules and regulations. He submitted the minutes and the order of conditions. He further stated that because they issued an order of conditions doesn’t mean they are in favor of granting the variance. It means they complied with their rules and regulations only. They don’t want to set a precedent for future projects. They certainly support the environmental protection that zoning offers. Mr. Lee stated that the key point is in the Conservation Commission minutes it clearly states: “however, it doesn’t eliminate the Conservation Commission’s concerns…for future projects”. That clarifies the question in the original part of the remand.
Mr. Newman stated he is confused as to what was presented to Judge Sands. He recalls there were a ton of wetlands on this lot and the applicant filled in some of the wetlands causing brouhaha between the town and the owner, which provided the basis for the problem we have today. The wetlands were perhaps much larger than showed today because of illegal fill. He is sure that Judge Sands was not privy to this information which is why he is concerned as to why this lot wasn’t grandfathered.
Mr. Wernick asked the terms of ownership. Was it common ownership?
Mr. Lee asked Mr. Meister if he knows anything about filling on this property. Mr. Meister stated that previously there was a delineation submitted by the applicant, and at that time there was a different way to do that. The wetland line approved at that point and upheld by DEP made the lot unbuildable. The applicant didn’t do anything about that at that time. This time, he submitted soil testings and borings. Mr. Newman was correct in terms of the street being unfinished by the original developer.
Mr. Lee stated as far as the history from a wetlands view, the delineation changed? Mr. Meister stated yes.
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Richard Nylen, counsel for the applicant: the variance application was filed in October 2007 for a November 2007 hearing, but the trust used another attorney at that time. He agrees with Mr. Meister’s history that they didn’t have anything to do with the fill. The variance for 14 Drake Circle (Lot 140) was granted provided they cleaned up the debris on this lot. Both lots were undersized, but the variance was denied for this lot. Mr. Nylen submitted to the board: 1) the decision for Lot 138 made in 1992; 2) the decision for Lot 140; 3) the order of conditions; and 4) the Board of Health approval. He stated the purpose of the handout is to reflect what took place in 1992. At that time, the wetlands were delineated according to vegetation versus today when they do soil testing, etc. When they flagged this lot, it was determined they are still outside the wetland. They were not responsible for any of the fill – it was from the original developer. Knob Hill was over 100 lots and this is the last vacant lot and its shape doesn’t affect any other lots. They couldn’t build before because of the shape. The by-law changed in 1979 and a definitive plan was approved in 1982. This was grandfathered up to the end of the 1980’s. They tried to explain this to Judge Sands when they met with him. They clearly need a variance because it was undersized. They did explain to Judge Sands that there was a variance for a similar undersized lot across the street. The zoning district is Rural, Single Family Residence. There will be no merger between Lots 138 and 140 and they will limit the house to 3-bedrooms. They meet the 125’ wetland setback with three bedrooms. They have permits from Conservation as they meet the requirements of the Wetland Protection Act and also Board of Health approval for a three-bedroom house. They will also be helping out with some drainage issues that were never corrected by the original developer. The house will be consistent and provide harmony with all the other houses in the area.
Regarding Mr. Meister’s concern about setting precedents, all decisions are based on a case-by-case situation. Each one should stand by itself and be independent.
There were no neighbors present.
Mr. Lee asked if there is a well on site and Mr. Nyland stated they will have town water.
Mr. Meister asked for information purposes, does the board agree with what Mr. Nyland said about setting precedents? Mr. Lee stated we see that past cases are being brought to us as information. Mr. Nyland stated he only raised this because of the way the board looked at it the last time.
Mr. Wernick stated he needs to talk to town counsel about the wetland issues and keep would like to keep this hearing open. My Nyland stated he is sure the court would give us additional time. Mr. Lee suggested continuing this hearing until June 25, 2008 if we get an extension of time from the court. He will also talk with town counsel. Mr. Lee continued this to April 23, 2008 in case the court adheres to the 60-day time frame and we don’t receive an extension of time.
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9:12 P.M. Sharon Commons Continued Hearing, Case No. 1609: Tom Houston, PFC Consulting, Foxboro submitted his recommendations dated April 7, 2008. He stated that the applicant has to demonstrate he can meet items 42, 47, 48, 49, 50, 51, and 52.
The applicant submitted documentation stating how they plan to comply with the above. Mr. Houston stated they are recommending that the temporary access road enter South Main Street opposite one of the existing Shaw’s driveways. Mr. Wernick asked if there are any wetlands there and Mr. Houston stated no.
Regarding Item #42, Mr. Lee asked where it stands with ConCom and Mr. Caputo stated they approved it, but are just waiting for the appeal period to end. Mr. Houston stated that the Order of Conditions for the site and Old Post Road have been approved. They are not specifically approving a temporary access road. They recommended and Mr. Meister concurred that the plans should be submitted to him to make sure they are in compliance. Mr. Lee asked why there are two orders of conditions and Mr. Houston stated one is for Old Post Road and one is for the site. Michael Intoccia stated he met with Mr. Meister and walked the site. They are ready for hay bales.
Item #47: Jesse Moreno made a presentation. He stated they are constructing an all weather access road from South Main Street all the way to the site. The first 300’ will be stone and is designed to keep the mud from being tracked off site. There will also be a truck wash. There will be an 18’ wide gravel roadway, which will follow the existing cart path that is there now and shown on Sheet 3. They are removing some organic material that is currently on the other side. There is also stacked hay bales for erosion control. There are also a series of culverts and they are adding material to fortify and build up the crossing. Mr. Intoccia stated he will have security on site soon starting at 6:00 p.m. and will remain all night.
Jesse Moreno stated there will be a temporary turnaround on each side of the proposed gate to prevent people from going into the area where the construction will take place. Mr. Lee stated the plan before the board is a little different. Mr. Moreno stated yes, as the one he is referencing tonight is the latest. Mr. Shelmerdine stated that the plans the board is looking were received on March 28, 2008. Mr. Intoccia stated that the two white houses are coming down next week; the green house will become a construction trailer. Frank Gobbi, an abutter, stated there was gravel taken out to construct Route 95. Mr. Lee asked if they will continue to take out more and Mr. Moreno stated they are still planning on taking out more at this time as there is still a lot of materials and soil there. Mr. Shelmerdine stated they will balance the site. Mr. Moreno stated in doing that they would account for gravel being brought in as they still have to bring in 6-8” of material. The grades shown represent rough grades for the Phase 2 work. Until such time as the walls are approved, they will have to come up with some type of buffer. They tried to break the site up into a series of depressions and each will have its own temporary sediment trail. Mr. Intoccia stated they will build a berm where all the retaining walls will go. Mr. Moreno stated they need to do tests and confirm what needs to be done.
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This should also speed up the construction process. They will design the walls and detention basin for the board’s approval.
Mr. Lee asked if we are looking at the large parcel for cut and fill and Jesse Moreno stated that is correct. Mr. Lee asked if they are going to clear Site 1 and 2 at the same time and Mr. Intoccia stated yes. Mr. Lee stated he has concerns about the entire two parcels being cleared together. Mr. Intoccia stated that the only way it can be done is simultaneously as this is a 2-3 month process, not a week or so. They are cutting against Route 95, not against residential.
Mr. Newman asked if they have any signed leases right now and Mr. Intoccia stated no. Mr. Newman asked if they don’t get any, will they continue and Mr. Intoccia stated yes. Mr. Moreno stated that once they start clearing the site, the tenants will see it.
Mr. Lee stated you have approval for Phase 1; Phase 2 is infrastructure and Phase 3 is tenants. Mr. Newman asked if they had a retail market analysis on this and Mr. Intoccia stated yes, but not written. Mr. Rudman stated they will talk about getting something in writing for Mr. Newman. Mr. Newman stated we need to protect the interest of the town. Mr. Shelmerdine stated there is no place in the site plan approval for a discussion of the tenants. They are putting up the buildings and developing the site.
Mr. Moreno stated they will be doing a SWEPP also. Mr. Intoccia stated Mr. Houston will give the board weekly reports once this project starts.
Regarding Item #50, Mr. Moreno stated they will utilize the Route 95 interchange as much as possible. The equipment will come from 95 instead of through the main streets. Mr. Intoccia stated that all the vendors will be mailed the truck route and they will be prohibited from going through Sharon center. Mr. Houston stated they were concerned about the difference in wording. There will be no access accept for emergency access for either location. Mr. Lee asked if the Selectmen approved blocking off Old Post Road and Mr. Shelmerdine stated that has been approved. Mr. McCarville questioned the “Maintenance of Traffic”. Mr. Houston stated this means traffic needs to be consistently monitored on public roads.
Mr. Newman asked who will write the final decision on this and Mr. Lee stated that Mr. Houston will work with the board. Mr. Newman stated he would like the part about no truck traffic through center of town to be a condition of approval. Jesse Moreno stated that the Sharon Police Department have to sign off on this plan as well and will also be given updates.
Item #51 – ANR Plan required: Mr. Wernick stated he would like a copy of the
ANR plan.
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Items #49 and 52: Jesse Moreno stated the intent was if the developer begins construction and doesn’t finish, there is a mechanism to restore the site, which includes a bond cost that is between the developer and the construction company and is not part of the surety that goes to the town. Mr. Houston stated they cannot really evaluate an estimate at this time. Mr. Wernick hopes they will be generous in their estimates. Mr. Houston stated it only comes to pass if the project doesn’t continue. They would replace the loam, plant grass and possibly add some woody plant materials. Mr. Lee asked if what was submitted is sufficient and Mr. Houston stated no, they need a detailed description of how the site would be restored. Mr. Intoccia stated they will meet with Mr. Houston regarding this. Mr. Lee stated the next step would be to come up with a Phase 2A approval. Mr. Houston stated he doesn’t see any problem with allowing them to put erosion control in place. He will also prepare a draft decision for the board. Mr. Lee stated when they get a decision they can start construction work. The next decision from Mr. Houston will be for the Old Post Road lay out and the clearing and leveling of the site. There will be nothing about utilities or piping. If possible, he would like the Phase 2B decision to address the retaining walls and piping. Mr. Shelmerdine stated that Condition #39 is basically the decision.
Mr. Houston stated he will have a draft decision to the board on April 25 for signing on April 30. Mr. Lee scheduled a special meeting on April 30, 2008 for acceptance of the decision.
Frank Gobbi submitted a letter for the file.
Mr. Shelmerdine stated they submitted Sheets OS-1 and OS-2 on March 25, 2008 and they need to be endorsed.
It was moved, seconded and voted to adjourn. The meeting adjourned at 10:45 P.M.
Respectfully submitted,
Minutes accepted on 9/10/08