SHARON BOARD OF APPEALS MINUTES OF APRIL 23, 2008

A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, April 23, 2008 at 8:00 p.m. in Lower Level of the Sharon Town Office Building.  The following members were present:  John Lee, Chairman (8:30 p.m.); Kevin McCarville, Secretary; Seth Ruskin, Walter Newman, Larry Okstein.

Mr. McCarville opened the meeting at 8:15 P.M.

Appointments:

8:20 p.m.         James Barron, 123 Mansfield Street:  Mr. McCarville read the public hearing notice.  He also read letters from Jim Andrews dated April 22, 2008 and Greg Meister dated April 23, 2008.  There were no objections to this application.

Mr. Barron stated he is in need of more storage as he lives in a raised ranch with no basement or a garage.  He stated the rooms are small so they are planning on knocking down the bedroom walls to enlarge three bedrooms into two and then adding a new bedroom with a garage under.  All the other houses in the neighborhood have garages.

Mr. Okstein asked how much square footage will be added and Ms. Barron stated 24’ x 26’ total and the entrance will be through the garage.  He stated that right now storage is the biggest problem.  Mr. Newman requested that he walk them through the plans.

Ms. Barron stated that to the right is what exists and to the left is the addition as shown on Page 1 of the plans.  Mr. Newman stated that according to the plans the extent of the addition is a garage with a bedroom over and Ms. Barron stated that is correct.  There will still be a total of three bedrooms and there will be a second bathroom as right now there is only one.  Ms. Barron stated that Page 3 shows the layout of the addition.  Half the stairway will go up to the new level and the other half will go down to the new garage.  Mr. Barron stated that there were three bedrooms, one of which is very small but with a closet.  They are proposing to remove the wall and make it one bedroom and then add a new bedroom with a master bathroom above the new garage.  There will be no additional foyer.  Mr. Lee stated that right now it is three bedrooms and will remain three and Mr. Barron stated that is correct.  Mr. Ruskin stated that according to the plans they are also adding an un-closeted office and Ms. Barron stated yes, it will be an area that could be an office during the day and a sitting room at night.

Mr. Lee questioned the nonconformity and Mr. Newman stated the zoning requires 60,000 s.f. and they don’t meet that.  He also stated that the doorway between the master bedroom and office should be an archway instead of doors so it can’t be considered another bedroom.  Mr. McCarville agreed and stated it should be an 8’ opening with no closet space.

Mr. Lee asked for comments from the public.

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Jim Byrnes, 103 Mansfield Street:  stated he is strongly in favor of this request as Mr. Barron’s backyard is full of things that need to be stored.  He feels this will be an improvement to the neighborhood and also increase the value of the neighborhood.

There were no further questions.  Mr. Barron asked that the board close the public hearing.  Mr. Lee stated that Mr. Okstein, Mr. Newman and Mr. Ruskin will be voting.

Mr. Newman moved to approve the application before the board with the standard conditions and a special condition that the opening between the master bedroom and the sitting room/office be an archway rather than enclosed with a French door.  Motion seconded by Mr. Okstein and voted 3-0-0.

8:40 P.M. Wilber School, Case No. 1606 Continued Hearing

Mr. Lee stated that at the last meeting with Wilber School, we were waiting for the peer review to be done, which he received at 3:00 p.m. today and as yet did not have a chance to review it.  Also, the board members received a packet over the weekend with a number of issues.

The representative from Earth Tec who did the peer review was Matthew Mullaly in place of Bill McGrath.

Mr. Timilty, Beacon Communities, stated they are awaiting approval from the board.  Financing is in place and they want to move forward.  They are also waiting for Mass Historical also, but that is the last step.  He stated they have been working on this for the past three years.  Further, if the number of units were cut back, it would take the economics out of it.  They have been meeting with the Peer Review Committee for the last four weeks and have tried to meet the concerns of the neighbors.  They have addressed cosmetic issues.

Mr. Newman asked if financing is contingent on approval from the Zoning Board and Mass Historical and Mr. Timilty stated that is correct.

David Chilinski stated that after the last meeting with the Zoning Board, they went to Washington to meet with representatives from the National Park Services and they fully expect approval from them on what is before the board tonight.  Mr. Lee asked him to explain the word “cosmetics” and Mr. Chilinski stated they are trying to enhance the integrity of what is there now.  One thing that was a concern of the National Park Services is that at one point the buildings were to be connected and they feel that changed the character of the building.  They are now proposing two buildings with two elevators, one in each building.  The basic character of the buildings is harmonious.

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Mr. Ruskin asked if the back of the building is any closer to South Pleasant Street and Mr. Chilinski stated no.  Also, the National Park Services was quite clear they wanted the brick to match.  Mr. Chilinski showed the board the compressor on the roof and the HVAC system located on the roof and stated these are not visible from the street level.

Mr. Lee informed the members of the Wilber School Redevelopment Committee and Historical Society and/or Committee that were present that this is the first time we have seen these new changes; i.e., a new building in the back and the renovations to the Wilber School.  He asked if they thought this was a good idea.

Shirley, Historical Commission, stated that from what she can see it looks fine and she feels that the preservation of the Wilber School is key.  Mr. Lee asked if she is okay with the building being attached to the back and she stated yes.

Marilyn Kahn, Wilber School Redevelopment Committee, stated she personally likes the look of what is being shown tonight.   She asked how many apartments and bedrooms.  Mr. Lee stated that the Wilber School will have 36 units, plus or minus and the new building will have 39 units for a total of 75 units.  Shirley, Historical Commission, asked how many more than what was originally planned and Mr. Timilty stated the number has not changed.

Marcia Leiberman, Wilber School Redevelopment Committee:  questioned if “original” means since this was first presented to the town and Mr. Timilty stated yes.  Ms. Leiberman stated that when this was originally presented to the Board of Selectmen, there were around fifty units. Mr. Lee stated he feels it is the large addition on the back that is raising concerns.

A member of the Wilber School Redevelopment Committee stated he feels the site has been brought together and they are very pleased with the changes in the design.  Jason Korb stated this is the same footprint as previously shown.  Mr. Okstein questioned the sidewalk.  Mr. Timilty that they heard what the people wanted and now it is being done around the property lines.  Also, the change to the entry way should be considered a cosmetic change.

Roger Nicholas, 24 Pine Road:  questioned how they will match the old and new brick.  Mr. Chilinski stated they will build some sample walls and they will try and find some brick in the area so it will be very close.  They will make sure it matches as much as possible.

Penny Filipowicz, 17 Pine Road:  asked why the top floor is darker in the pictures.  Mr. Chilinski stated the top level is a different material, which will allow the old building to remain different. 

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Mr. Okstein questioned the lighting as the people on Chestnut Street had questioned it.  Mr. Korb stated there is no photometric plan as yet.  Further it will meet LEDS standards, but will not be LEDS certified.

Carol Fairweather, 20 Chestnut Street:  stated the building height will be a foot less and asked how this compares with the back of the Wilber School.  Mr. Chilinski stated it will be 5’ lower.  The new addition will be a few feet taller than the body of the rear addition.  Also, there will be a 6-7’ height difference between that and the parapet.   The building will actually only be 2-3’ higher.

Stewart Thomas, 2 Pine Road:  questioned the traffic and stated it is difficult trying to get out of his driveway onto South Pleasant Street now.  He doesn’t like the egress coming out from the new building.  Mr. Korb stated he looked at the traffic and during peak hours the traffic increased only 1 car/minute, which is not a big volume.  Mr. Chilinski pointed out the other entrances and exits from the site.  Mr. Thomas stated his driveway is directly across from the proposed entrance and he is not happy.   Mr. Lee stated that the board does look at traffic flow especially at peak times.   The amount of traffic generated by this doesn’t compare to what is presently in the area.  Further, if the cars are going too fast, it is an enforcement issue.

Charles Aspinwall, 7 Station Street:  asked for the elevations.  Mr. Chilinski showed him the plans with elevations. 

Charles Fairweather, 20 Chestnut Street:  thinks the street level is below the site level being shown.  He stated at one point there was talk of having two retaining walls.  Mr. Chilinski stated they will have to build some type of retaining wall, as there is a 3-4’ difference.  Mr. Fairweather feels the addition is too large for the space available.

Mr. Lee asked if they were sure there would be a retaining wall.  Mr. Koningisor, Luciano Associates, stated he feels there will just be a slope, not retaining wall.  Mr. Lee stated he doesn’t care if there is a slope or a small retaining wall as long as the sidewalk goes around the perimeter of the property.

Larry Vanleer, 93 South Main Street:  asked if there will be certain size and/or type trees required and Mr. Lee stated the applicant has provided a landscape and lighting plan which shows the species of the trees and the caliper.  Mr. McCarville stated that regarding the street lights, will they be the same as what is in the center now and Mr. Korb stated yes.  Mr. Okstein questioned the 4-way stop sign and Mr. Korb stated that is in the peer review and it was felt that there is good cause to put in a 4-way stop. 

Marcia Leiberman, 19 Pine Street:  asked where the stop signs would be.  Mr. Korb stated Chestnut Street and S. Pleasant Street.  This was taken off the table at the last meeting, but it will be put back if the board requires it.  Mr. Lee stated that is outside the immediate area.

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Regarding the peer review, Mr. Mullaley, of Earth Tec, stated he will summarize Mr. McGrath’s review.  He stated it was a well-presented project, but there were issues.  One hundred twenty-six parking spaces are required and there are concern regarding the turning radius being too narrow.  Mr. Newman asked if it is out of the question that a library might go there.   Bill Martin stated it is not out of the question.  Mr. Newman asked if a library would have shared parking.  Mr. Lee stated we are looking at the old plan, including future development.  It is a stand-alone project, but we are very aware of what can go here in the future.  Mr. Timilty stated that the Selectmen asked them to keep that area of land open and they did.

Marcia Leiberman, 19 Pine Street:  the library needs to have its own designated parking in order to get funding, it cannot be shared parking.

Mr. Mullaley stated that storm water management has been a concern and they are asking for more information on the piping.  Mr. Lee questioned the capacity of the piping going down Station Street.  Mr. Mullaley stated there were two different networks but now there is one.  Jim Koningisor stated that the storm water that is now on the rooftops is being collected and retained on site for irrigation purposes.  Mr. Mullaley stated he would like clarification on that issue.  Mr. Lee suggested he talk to the town engineer to find out the capacity of the pipe on Station Street being able to handle this.  Jim Koningisor stated it is not added flow.

Mr. Mullaley stated he would like the background data of the traffic information.  Mr. Korb agreed to provide that.  Mr. Mullaley asked if there is actual traffic counts and Mr. Korb stated they used the town’s counts.  Mr. Mullaley stated he would like the actual counts, as there were some clarification issues.  Mr. Korb stated he will meet with the fire chief regarding on site treatment and also the turning radius.   Mr. Lee stated they will also need to comply with the DEP requirements.  Mr. Mullaley stated they need on the clarification on the design methodology.  Mr. Lee stated he would like Mr. Korb to respond to Earth Tec.  Mr. Timilty and Mr. Korb agreed. 

Mr. Lee questioned the asphalt berm being proposed. He stated that this is a highly visible place and feels they should consider not using asphalt as it doesn’t make the area look good and it doesn’t last.  

Regarding the landscaping plan, Mr. Newman stated he doesn’t see anything that indicates the spacing of the trees and plants.  Mr. Lee stated that is shown on the plan.  Mr. Newman stated he feels it is not clear according to the plans.  Mr. Lee stated asked if he would like to see more specifics and Mr. Newman stated yes.  Mr. Korb agreed.  Mr. Newman asked if is their basic intent to create a visual barrier along the periphery and Mr. Korb stated yes.  Further, the shrubs will be of varying height along South Pleasant Street.  He stated they will put together a narrative with numbers.  Mr. Newman agreed with that.

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Mr. Lee questioned a dumpster for trash.  Mr. Korb stated the plan shows where the central chute will be located.  He stated all dumpsters will be screened and shielded.  Richard, an abutter, asked what hours will the trash be picked up and will it be in the daytime.  Mr. Korb stated it will be during the daytime and the hours are flexible.  Also, regarding the generator, it will run once a week for about ten minutes.

Mr. Lee asked if they plan on doing this in phases and Mr. Korb stated no, they are planning on doing this all at once and there will only be one building permit.  They will restrict the truck route used by the contractors.  One of the abutters, George, feels the traffic could be an issue.  Mr. Ruskin asked how long the project will take and Mr. Korb stated 10-11 months.  The site will be fenced off, secured and well lit.

Charles Aspinwall, Station Street:  stated he is concerned about weekend operations and also storm water management as it will flow toward Station Street and stored there.  He questions what happens in the winter.  Jim Koningisor stated it will percolate into the ground.  Mr. McCarville asked about snow storage.  Mr. Korb stated they are planning on hauling it off site by a contractor.

Marcia Leiberman, 19 Pine Road:  asked if they could look at the elementary school bus schedule.  Mr. Korb agreed.  Mr. Lee stated we can limit the hours of construction; i.e., Monday through Friday from 7 a.m. to 5:00p.m. and Saturday would be different.  There would be no outside construction work on Sunday.  He stated the board will look into this.

Mr. Lee thanked the Selectmen for attending tonight’s meeting.  He stated we still have some concerns with density.  Mr. Timilty asked for a consensus from the board.  Mr. Lee stated it seems like things are moving in the right direction.  Mr. Koningisor stated the drawings are preliminary and they need to do the next level of drawings.  He asked that the hearing be closed tonight.

Mr. Lee stated he doesn’t recommend that we do that, as we need more information.  He does think that we could do so at the next meeting as long as everything is done by then.  Mr. Korb stated that financing is a problem if they wait until June 25^th.  

Mr. Lee continued this hearing to May 14, 2008 at 7:30 p.m.

10:20 P.M.      Simpson Housing Discussion:  Patrick McCann and Spencer Welton were present.  Mr. Lee placed this on our June 25^th agenda for discussion.

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11:00 P.M.      Drake Circle:  Mr. Lee continued this hearing to June 25, 2008, as the applicant didn’t show.

It was moved, seconded and voted to adjourn. The meeting adjourned at 11:15 P.M.

                                                            Respectfully submitted,

Minutes accepted on 9/10/08