SHARON BOARD OF APPEALS MINUTES OF JUNE 25, 2008
A regular meeting of the Town of Sharon Zoning Board was held on Wednesday, June 25, 2008 at 7:00 P.M. in the Lower Level of the Town Office Building. The following members were present: John Lee, Chairman (7:25 P.M.); Kevin McCarville, Lee Wernick, Walter Newman, Larry Okstein, Seth Ruskin.
Mr. Lee opened the meeting at 7:26 P.M.
7:27 P.M. Sharon Commons Continued Hearing, Case No. 1609: The applicant was represented by Atty. Robert Shelmerdine, Foxboro, MA. He stated that he wanted to address the current status of the project, Construction memo #12 including the application for Phase 2; Old Post Road and miscellaneous items. He stated that the Letter of Credit has been posted. Mr. Lee asked if the board has been receiving Mr. Houston’s daily updates and everyone has except Mr. Ruskin. Mr. Houston asked that Mr. Ruskin’s email address be sent to him so he will be included in the emails.
Tom Houston, PSC Corporation, stated construction is underway on the site. He stated the construction manager is Brian Sullivan from Mt. Blue Construction. He is impressed with him, as he knows what he can and can’t do. He is also pleased that Brian Sullivan responds immediately to any problems. With respect to where they are at currently, the trees have been cleared from much of the right of way of Old Post Road in addition to maybe 15-20% of the site. They have an experienced tree clearing contractor and crew with good quality equipment and experienced personnel. Intoccia’s crews are doing the earthwork portion around the areas that have been stumped and cleared. Also a stone pad has been put in place to removed mud from the vehicles entering and exiting the site. Mr. Houston stated that a lot of trees have been chipped for use on site. Refueling was a major concern of his, but the tree clearing company had their own refueling trucks that are very specialized in this process. There is a person on site during this process and there have been no spills at all. The same truck and same person comes every day. They have requested and it was agreed by Mount Blue and Intoccia that all refueling be done in the same section of pavement.
Mr. Newman asked if it would make sense for them to have a fueling area that will be used for the longevity of the project that with a drain that goes to a contained pit. Mr. Houston stated that would be a solution, but they don’t know if you need a pit. He feels a 20’x20’ pad with a bituminous berm would be sufficient. Mr. Newman stated there would need to be an opening in the berm to handle the stormwater. Mr. Houston stated it could be an opening with setbacks during the refueling operation. There are “no trucks” signs and a temporary barricade at the end of Laurel Road. They are building a by-pass between the end of Laurel Road and the construction road. Most of the trees have been marked so there is no inadvertent removal of trees that are not supposed to be removed. Also, the criteria of the design is being followed.
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Mr. Lee asked if there are any issues with Mr. Gobi, 97 Old Post Road and Mr. Houston stated no. Mr. Lee stated that this board is not the road commissioners so any issues need to be addressed by the Selectmen. Mr. Shelmerdine stated that those houses currently use Laurel Road because Old Post Road hasn’t been opened up but it will be when completed. They have not heard of any issues of complaints from the neighbors. Mr. Shelmerdine stated he has heard of only one complaint from one of the neighbors. Mr. Houston stated that the construction manager, Brian Sullivan, met with that neighbor.
Atty. Richard Rudman stated that before any work began, Mount Blue distributed notices to the neighbors and gave them Mr. Shelmerdine’s name as the contact person.
Mr. Shelmerdine stated that the main reason for tonight’s meeting is to address Phase II and the utilities and drainage issues. They received a copy of Memo #12 from PFC and would like to address that memo now.
Mr. Lee reminded him they need to be done by 8:00 P.M.
Ken Caputo stated that Jesse Marino was present tonight to help him. Mr. Caputo stated that they have a phasing plan that he will give to PFC and the board. Mr. Lee asked if they are going to clear the entire site even though it is phased and Mr. Caputo stated yes. He stated they will not strip any topsoil until they are ready to do the actual work. Mr. Lee asked if any thing is being taken off site and Mr. Caputo stated not yet. Mr. Lee stated that when they are going to remove the topsoil from the site, they will need permission from the Board of Selectmen.
Regarding Comment 13, retaining walls in the north corner, Mr. Caputo stated they are trying to eliminate the two-tiered wall and instead have a stabilized slope. Mr. Newman stated that at one point they talked about the total footage of fencing and there was supposed to be a substantial amount of permanent fencing. Mr. Caputo stated he will submit details of the walls, but they don’t have any fencing submittals. They did submit a review plan of the loading areas. They also have to work more with Tom Houston on stormwater. They will address those comments when they are through with a full review. They do intend to comply with the entire memo.
Mr. Lee asked Mr. Houston to let the Zoning Board know if there are any problems and Mr. Houston agreed. They will use a precast system on the walls. Mr. McCarville asked how old is this technology and Mr. Caputo stated well over ten years. They are planning on doing a 10’ wall without a fabric tie back. These walls can also be done on curves, as it is very flexible. There will be a 50’ no strip zone until they build some type of containment. Mr. McCarville asked if there are any other areas around that have used these walls and Mr. Caputo stated he will email him some locations, such as Franklin, Stoughton, etc. They are not proposing these walls along Old Post Road. Mr. McCarville stated he doesn’t want a culvert issue like Bay Road. Mr. Houston asked if the board would like to take a field trip.
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Mr. Newman stated he would like to see a sketch plan showing the walls and heights. Mr. Caputo agreed. Mr. McCarville asked what color they will be as they need to blend in. Mr. Caputo agreed, but stated they want the entrance to stand out. Mr. McCarville wanted to know which town has the oldest walls and how do they stand up over time. Mr. Caputo stated he will check to find the oldest ones. Regarding the slope, Mr. Caputo stated he will try to keep it at a 2-1 slope, but it will not be loamed and seeded. They will make a formal submittal by the next meeting so the board can see what we are looking at on Old Post Road.
Mr. Rudman stated he wants to talk about traffic. At the first hearing for Phase II, they started with a presentation on traffic. They are expecting during the month of July to go before the Selectmen to get their approval on traffic mitigation. He would like to ask that the board make sure any changes and concerns are addressed at the July 9th meeting. Mr. Houston stated he can work with them on that but he is not sure if it will be resolved by July 9th. Mr. Lee stated he hopes it is resolved by then. Mr. Houston stated he will work on that. Mr. Rudman stated they have not scheduled a meeting with the Selectmen yet.
Mr. McCarville stated he would like to work the site on July 8th at 8:00 a.m. with Tom Houston.
8:11 P.M. Bisceglia, 88 Walpole Street, Continued Hearing, Case No. 1614: Mr. Bisceglia stated that at the last meeting, the board had requested him to speak to the Conservation Commission and the Building Inspector to ask them to look at the site again. The Conservation Agent walked the wetlands line and stated there seemed to be a mistake in the plan. They re-plotted it and put the house as far back as they could. He submitted an updated plan to the board.
Mr. Lee stated he talked to Greg Meister on this issue. On the original plan, it looked like the wetlands jutted in. He stated the house needs to be moved away from the street and also away from the wetlands buffer zone. Mr. Bisceglia also submitted a septic plan. Mr. Newman asked the distance from the wetlands to the house and Mr. Lee stated it was about 95’. Mr. Lee also stated the updated plan is dated June 23, 2008.
There were no abutters present.
Mr. Lee stated that Mr. Meister has requested that the board not give in on the buffer requirements and that the Conservation Commission will not either. He would prefer the house be located closer to the street, if necessary. However, based on the plans that are before the board tonight, the house is within the 100’ buffer. Mr. Newman asked if we are sure that the wetland line is correct and Mr. Lee stated yes. Further, he is okay with that, but not the with the house setback. Mr. Newman asked if we have a proposed layout of the house before the change and Mr. Bisceglia stated yes. Mr. Newman stated that the house was moved approximately 20’ from the old plan to the new plan.
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Mr. Lee stated the house needs to be pushed farther to the right and we can make that a condition of approval that the applicant will stay out of the 100’ wetlands buffer and further a plan will need to be submitted to the Zoning Board of Appeals showing the exact location of the house.
Mr. Wernick made a motion to allow the applicant to tear down and reconstruct a house at 88 Walpole Street according to the plans dated February 15, 2008 and updated June 23, 2008 with the board’s standard conditions and the following special conditions: 1) the house will be located so that no part of the house will be within the 100’ wetland buffer; 2) the applicant will provide an updated plan showing it meets the requirements of Condition #1; 3) the board recognizes that this may not meet the 60’ setback, but feels this is an improvement over the existing structure which is currently has a setback of 39.7’.
Mr. Lee stated we are not approving the plan presently in front of the board.
Motion seconded by Mr. Ruskin and voted 3-0-0. (Ruskin, Okstein, Newman)
Mr. Lee informed Mr. Bisceglia that this decision will not be signed and/or filed with the town clerk until the revised plan is received.
8:35 P.M. Scott Rubinstein, 587 Massapoag Avenue, Case No. 1616: Mr. Lee read the public hearing notice and also a letter received from Jim Andrews. He noted that nothing had been received from Greg Meister at this time.
Mr. Lee asked if there was an updated plot plan and Mr. Wernick stated no, there is only an old one in the file. Mr. Lee stated we are also missing correspondence from the Conservation Agent and Mr. Rubinstein stated he tried to reach him earlier today, but was unsuccessful.
Mr. Rubinstein stated currently there is a 10’x12 open deck which they intend to tear down and in its place add a 13’x14’ sunroom with windows. It will be heated glass and screen enclosure.
Mr. Lee asked how many bedrooms they have now and Mr. Rubinstein stated three. Mr. Lee asked if there is an issue with the septic because it is old and Mr. Rubinstein stated it is only a 1000-gallon system and he will fix that if this is approved. Mr. Lee asked if it is the original system and Mr. Rubinstein stated yes, it is approximately 25 years old. He further stated that access will be through the kitchen. There will be a small deck for access from the back yard. Mr. Lee asked how big the deck will be and Mr. Rubinstein stated 4’x 6’. He stated the doorway will be a slider. The house is a split-level with no water problems.
Thee were no neighbors present.
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Mr. Wernick moved to accept the sunroom expansion to 587 Massapoag Avenue, dimensions to be 13’x14’ and a 4’x6’ landing on the southern side of the sunroom, so it does not go into the buffer zone on the northerly side of the property. Said approval is subject to the board’s standard conditions and the following special conditions: 1) this is a 3-bedroom home and will remain a 3-bedroom home; 2) no closets are ever to be in the sunroom; 3) this approval is contingent upon the applicant coming into compliance with Title V with the installation of a 1500-gallon new septic system as agreed by the applicant. This new system will be done before the building inspector issues a building permit. Motion seconded by Mr. Ruskin and voted 3-0-0 (Wenick, Okstein, McCarville).
Mr. Lee reminded the applicant that no building permit will be issued until the septic system is done.
8:50 P.M. Drake Circle Remand Continued Hearing, Case No. 1615: Mr. Lee stated that town counsel has drafted a decision, but the board has not as yet received it. Further, we are looking at every case individually. Mr. Matz asked if the board has any questions on this case and there were none.
Mr. Lee stated we can close this tonight and vote the decision when we receive it from town counsel or we cannot close and continue it to our next meeting. He reminded the applicant that is the board closes this hearing, there can be no further testimony taken from either the applicant or any one else. The applicant opted to keep the hearing open. This hearing was continued to July 9, 2008 at 8:00 P.M.
8:55 P.M. Wilber School Continued Hearing, Case No. 1606: Mr. Timilty, who is part of the development team, stated they have met with the Board of Health and that also the chairman is here tonight. Mr. Lee stated he has reviewed the draft decision and that the hearing has not been closed. He further stated that if we close the hearing and vote, there can be no further discussion or public comments. He stated the board needs to discuss the landscaping plan and also wastewater management as we want to make sure the town and neighbors are protected.
Mark Beaudry, the applicant’s engineer, stated he is preparing the landscape plans, C-1 through C-9. Further, there are six specific areas. He gave the board a copy of the latest plant list and materials, as that was not in the book.
Mr. Newman would like to know what they are trying to achieve. One of his concerns was to see what kind of a visual screen is being provided. He asked if the cars will be visible to the neighbors and Mr. Beaudry stated just the tops of the cars. Mr. McCarville asked the height of the plantings and Mr. Beaudry stated they are committed to putting in 27 trees that will be 4-5” in caliper. Mr. Lee asked the height at the beginning and Mr. Beaudry stated the pines will be 10-12’ high and the deciduous will be 15-18’ and that is stated in the planting schedule. These trees will provide good headlight screening of 4-5’ at maturity.
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Mr. McCarville stated the neighbors will not want headlights in their homes or bedrooms. Mr. Newman asked what would be considered maturity and Mr. Beaudry stated 10-15 years. Also, the large pine trees already on site on the town owned land are not shown on the plan at this time.
Mr. Lee asked for comments from the neighbors.
Larry Vanleer, 93 S. Main Street: could you do a 2’ dirt berm and then the plantings. Mr. Beaudry stated that wouldn’t be a problem, but it can’t be done along Chestnut Street because of the new sidewalk and grass strips. They can do that along S. Pleasant Street. Mr. Korb agreed to put that in the plans. Mr. Lee stated that will be a condition of approval; however, in the one area that needs it, Chestnut Street, it can’t be done. It is okay along the town-retained land and S. Pleasant Street. His issue is still Chestnut Street. Mr. Newman asked the width needed for plantings and Mr. Beaudry stated about 5’. Also, there will be a little bit of a berm, but not much. Mr. Ruskin asked what is the benefit of that and Mr. Beaudry stated it adds 2’ or more to the plantings. Mr. Korb stated they will prepare a mock up for the board. Mr. Lee explained to the public that the applicant is offering to go on site and show what they are proposing with the elevations.
Jeanette Keating, 10 Chestnut Street: asked why there will be no fir or pine trees on Chestnut Street. Mr. Beaudry stated that normally that is not what would be planted there. They would plant flowering trees to add color and also the limbs could be better controlled. Ms. Keating stated that the trees will be empty and bare in the fall and winter without pines or firs. Mr. Beaudry stated he will look at that. Mr. Lee stated that some of the plantings will have leaves year round – not all of them, just some of them. Mr. Wernick stated that pines tend to get thin on the bottom and the neighbors probably won’t like that. Mr. Newman stated the board would like a good visual barrier between the headlights and houses. Mr. Lee stated we want to state in the decision that the trees will be maintained by the applicant, including the those not on site. Mr. Beaudry stated that the applicant will not be maintaining the existing trees. Mr. Lee stated the reason there is only 5’ to work with on Chestnut Street is there is that there will be a lot being put on one piece of property and the board is concerned about density.
Penny Filipowitz, Pine Road: asked if the applicant would consider maple trees. Mr. Beaudry stated they are there. Further, the materials that were selected were done so because there are overhead power lines on Chestnut Street.
Micki Hughes, Walnut Street: asked what they will do about snow removal. Mr. Lee stated that have put together a snow removal plan using sites on the property. It will also be trucked away when there is too much. Mr. Korb stated that is in the decision also. Ms. Hughes asked if they will be maintaining the town-owned piece of land and Bill Hyton from the Board of Selectmen stated the town will maintain it.
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Charles Aspinwall, Station Street: asked if the dumpster will be screened and Mr. Beaudry stated it is entirely enclosed within the building. Mr. Okstein stated he is concerned about traffic and the four-way stop sign. Atty. Ruth Silman stated that is addressed in Items 15 and 38 in the decision. Mr. Lee asked if the 4-way stop sign at S. Pleasant and Chestnut Streets is pending approval of the Board of Selectmen and Mr. Korb stated yes. Mr. Okstein stated he is okay with that.
Mr. Lee read a letter dated June 25, 2008 that was received from Ann Bingham and Susan Peck as members of the Board of Health. Stan Rosen, Chairman of the Board of Health, was present and stated he doesn’t know anything about the letter. Mr. McCarville stated that Ms. Bingham was present earlier, but couldn’t stay. She told Mr. McCarville that she would like see a guarantee of the amount of sewage going into the system. Mr. Rosen stated that was also included in a letter to the Selectmen. Further, the developers do not control the process, the Selectmen do. Mr. Rosen read a letter written by the Board of Health. Mr. Hyton handed out a draft of an agreement between the developer, town and property owner behind the site. There is also a list of potential homeowners who have been approached to hook up and they anticipate further discussions with them. He also stated that they do have a figure for the actual costs associated with the hook ups and engineering costs and they are continuing their discussions with the neighbors. The Board of Selectmen will be part of the binding agreements. Mr. Rosen asked if the Board of Appeals had received a copy of their letter and Mr. Lee stated yes. Mr. Newman stated their intent is they want to make sure the loop is closed.
Ben Puritz, Town Administrator, stated in terms of the letter from the two members of the Board of Health, the construction fee is recorded and will run with the land along with the agreement. The figure used was 24 bedrooms. The town has a vested interest to make sure this occurs. They are taking this very seriously and have begun the process of starting with a draft. At this time, they want to accommodate as many homes as possible. They have figured some public funding into this; i.e., a three-bedroom house would equal a 20-year note of $2,000/year. Mr. McCarville asked if anyone has declined the offer and Mr. Puritz stated no, but they know they will not be able to accommodate everyone. Mr. Rosen stated the Board of Health has Mr. Puritz’s presentation and they agree with him.
Charles Aspinwall, 15 Station Street: there are alternative ways to design this to bring down the costs.
Jim Keating, 10 Chestnut Street: what will be the cost? At a meeting that he attended the numbers were vague. They need firm numbers before signing up. They want to get on board and are happy with the project, but they would like real numbers. Mr. Hyton stated they are trying to bring down the numbers. Mr. Puritz stated they gave out the worse case scenario numbers.
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Mr. Lee asked if there will be any lofts and Mr. Korb stated no. Mr. Lee stated we don’t want something changed into a bedroom that isn’t suppose to be a bedroom. Mr. Ruskin asked if anything changed from the last plan and Mr. Korb stated no, the number of units remained the same.
Mr. Lee asked that the following be added to page 8: “Prior to obtaining a building permit, the applicant shall consider adding structure planters along Chestnut Street and a berm on the Station Street side of the property. They shall also construct a mock up of proposed landscaping.” Mr. Korb stated he will let the board know when the mock ups are ready. Mr. Lee asked if it says anywhere that studies are not to be used as bedrooms and Ms. Silman stated Condition #5. Mr. Lee asked it be changed to read: “No spaces other than bedroom designated spaces shall be used as bedrooms.”
There were no further public comments.
Mr. Lee stated that town counsel has reviewed the draft decision already that contains forty-one conditions. Further, we think we have as good a project as we are going to get.
Gordon Hughes, Historical Commission: asked what will the façade be and Mr. Lee stated brick. Dave Martin, Historical Commission, stated there are many commission members present tonight to offer their support to this project. They feel it looks good and hopefully it will go through. Mr. Korb stated they would like to be in the ground by September. Mr. Timilty stated they do not have financial approval yet, but they are ranked very high on the list. Therefore, they expect it soon, but as of now they don’t have it.
Rick Schroeder, Historical Commission: they are all very excited about this project.
Mr. Korb requested the public hearing be closed. Mr. Wenick moved to close the public hearing. Motion seconded by Mr. Ruskin and voted 6-0-0.
Mr. Lee moved to approve the Wilber School as per the draft decision, which has been reviewed by town counsel. Motion seconded by Mr. McCarville and voted 3-0-0 (Lee, McCarville, Okstein).
Mr. Lee asked Ms. Silman to email the changes that were made tonight to the secretary in the morning. Ms. Silman agreed.
It was moved, seconded and voted to adjourn. The meeting adjourned at 10:45 p.m.
Respectfully submitted,
Minutes accepted on 9/10/08