SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 9, 2008

A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, July 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, Lee Wernick, Larry Okstein, Seth Ruskin.

8:06 P.M.             Richard and Ann Rosa, 22 Manomet  Road, Case No. 1617:  Mr. Lee read the public hearing notice and letters from Jim Andrews, Health Agent dated July 7, 2008 and Greg Meister, Conservation Administrator dated July 8, 2008.

The applicant, Ann Rosa, stated their present deck is falling apart and they would like to replace it with a screened in porch.  Mr. Lee asked if the deck that is there will be removed and Ms. Rosa stated yes.  Mr. Lee asked the size of the existing deck and Ms. Rosa stated it is 10’x13’ and they are proposing to build an 11x16 screened porch in its place.  Mr. McCarville asked if the plan submitted dated April 1997 shows what is presently there and Ms. Rosa stated yes as that is when the septic was done. 

There were no comments from the public.

Mr. Lee asked the name of the builder and Ms. Rosa stated it will be Mark Laurette and his brother.  Mr. Lee stated that the board needs a plot plan that shows the new deck because it will be a different size than what is currently there.  Also, the new plan needs to show the setbacks showing how far the building is from the property lines.  Ms. Rosa agreed to do so.

Mr. Lee stated the applicant needs to have a licensed surveyor update the plan to show the setbacks, what the applicant is proposing and what is presently existing.  We also need clarification from Mr. Meister because he thinks the proposed porch will be the same size and it isn’t.  He stated it will take Ms. Rosa a few weeks to get a new plot plan and the board is not scheduled to meet again until September.  Ms. Rosa stated that because the building inspector didn’t think it would be a problem not having an updated plot plan and also Greg Meister didn’t think it was a problem, would the board vote a conditional approval.  Mr. Wernick stated he feels that would put a burden on the building inspector to think about what we would agree or disagree to.  Mr. Lee stated that if there are concerns from Mr. Meister, the applicant might want to consider making the addition the size of the existing deck.

Mr. Lee continued this hearing to July 23, 2008 at 8:00 P.M.  He informed Ms. Rosa that the board needs an updated plot plan and also new comments from Mr. Meister regarding the wetlands.

8:20 P.M.             Joshua Olshin, 36 Lyndon Road, Case No. 1618:  Mr. Lee read the public hearing notice.  He read a letter from Jim Andrews, Health Agent dated July 7, 2008 and a letter from Greg Meister dated July 8, 2008.  There were no objections raised.  There were no neighbors present. 

Mr. Olshin stated they are proposing to build a 21’ x 32’ two-car garage.  They are also proposing to expand the kitchen area between the garage and the house.  There will be no additional bathroom or sink.  The garage will be on a slab and the kitchen on a crawl space.  Mr. Lee asked how many bedrooms there are presently and Mr. Olshin stated three and it will remain three.  Mr. Lee stated everyone is okay with the removal of a bay window.  Mr. Wernick asked if access to the garage from the house are stairs in the back and Mr. Olshin stated yes.  Mr. Wenick asked if the setback is what is required and Mr. Olshin stated yes.  He stated that the plans were drawn by Ted Yeoman, Easton, MA and the surveyor was Leo Glover.

There were no questions from the public.  Mr. Lee closed the public hearing.

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Mr. Wernick moved  to approve the application before the board with the usual standard conditions and the following special conditions:  1)  the house is presently three bedrooms and will remain three bedrooms; 2) the garage will be built on a slab and the kitchen on a crawl space.  Motion seconded by Mr. Okstein and voted 3-0-0 (Mr. McCarville, Mr. Ruskin, Mr. Okstein).

8:30 P.M. Unitarian Church of Sharon, 4 N. Main Street, Case No. 1619:  Mr. Lee read the public hearing notice.  The applicant was represented by Atty. Joel Fishman.  Mr. Lee read a letter from Jim Andrews dated July 7, 2008; the Board of Health dated July 2, 2008; Greg Meister dated July 8, 2008.  There were no objections.  Mr. Lee also read a letter dated July 9, 2008 from Paul and Nadine Mende, 9 Pleasant Street, Sharon in opposition to this request.

Mr. Fishman stated the applicant will put in a new septic system as part of the construction.  Mr. Lee stated that will be a condition of approval.  Mr. Lee asked for comments from the public.

Nancy Hall:  the addition is well thought out and will buffer her from some of the parking lot.  There has been talk of putting in trees and also a fence.

Mr. Briscoe, 6 Pleasant Street:  he is concerned, but not opposed.  His two major concerns are 1) he agrees with the Mendes’ letter previously read.  He doesn’t want the trees removed and 2) he heard talk of a cell tower being proposed at this location.  Mr. Lee stated that is not part of this application.  Mr. Briscoe stated there has been talk of this in the past.  Atty. Fishman stated there is no cell tower associated with this application.  Mr. Briscoe asked if that means they could put a tower into this existing building and Mr. Lee stated no there is nothing in this application about a tower.  That doesn’t mean they can’t come back in a month with that as a separate issue, but as of today, nothing has been filed.   They will need to come back for a full blown hearing for a permit if they do decide to do this.

Mitch Klasner, 3 Pleasant Street:  agrees with the two previous speakers.

Valarie Gunlaw, 22 N. Main Street:  she is a direct neighbor.  The trees don’t affect her.  There are a lot on the church property and it is an ongoing issue as to what trees belong to whom.  A tree service should tell them what is good and what is not good.  The church has been wonderful next door neighbors.

Atty. Joel Fishman stated the addition is located in the back of the church.  The existing building will be razed.  There will also be a fence installed between the Hall’s house and the church’s granite posts because the Hall’s house is closest to the church property.  They are separated by a driveway and they will not be affected by the proposed addition.  The Hall’s are also okay with this proposed addition.

Jim Susi, United Consultants:  stated the parking will be expanded.  There is also a playground area which is currently 40’x80’ but will be reduced to 40’x40’ to allow for more parking.  The shed that is presently on the property will also be moved, but the lawn area will remain as is.  Mr. Ruskin asked how tall the proposed addition will be and Mr. Susi stated it will be 27’ to the peak of the roof.  It is still substantially lower than the main church.

Christine, Allwato Architects:  the new entry way will be handicap accessible and will be a half story below ground.  There will be office space, a library and a nursery.  Mr. Wernick asked if there will be an elevator and Christine stated yes.  Shirley from the Historical Commission stated they would like the trees to remain and the fence to be put up should remain the same as the one presently in the back. 

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Mr. Lee asked if she is in favor of this and Shirley stated yes.  Mr. McCarville asked if other than the trees, are there any other concerns?  Shirley stated there was a standpipe out back that was recently capped over.  Mr. Susi stated that presently there are two water mains located off Depot Street. 

Paul Spender of Sharon Tree, Inc.  was present.  He stated he is not an arborist, but has 45 years of tree experience.  Mr. Susi showed him on the plans where the plantings would be.  Mr. Ruskin asked what they are planning on removing and Atty. Fishman stated he will address that after they explain what is being put in.  The proposed evergreens will be 10’ off the rear property line.  There are some to be removed to allow for the expansion of the parking lot.  Mr. Lee asked what will be left from the existing trees.  He asked how many there are and how many will remain.

Mr. Spender stated they are talking about Norway maples.  The trees that are there now were not planted, but grew from seedlings.  The trees will have to be cut outside the property line with the exception of three trees that belong to the Mendes.  Most of them are 6” suckers.  The root system is very shallow and they are attracted to water.  To go to the expense of planting more trees and then leave the Norway maples would be a mistake.  Mr. Ruskin asked what would be left.  Mr. Spender stated there will be some oaks and a Norway maple that will provide shade for the playground area.  Mr. Ruskin asked if they are taking down everything that the neighbors are concerned about and Mr. Spender stated yes, but  better trees are being put in.

Mr. Fishman stated he would like to differentiate the area between the Hall’s and the church property.  The Hall’s want a fence and they will do that.  The Norway maple will have to be removed to put in evergreens and fencing.  There are two trees on the Mendes property that are 18-20’.  There is a difference of opinion between the neighbors as to what they want.  Mr. Lee agreed that a Norway maple will not survive well as they are not sound trees.  Mr. Spender stated that the evergreens will give greater privacy.  Mr. Ruskin asked how tall they will be when planted and Mr. Fishman stated 8-10’ and the fence will be 6’.  The church is much higher than the addition.

Mr. Lee stated we hate to see trees come down but you will be better off when the Norway maples are gone.  Mr. McCarville asked that the new trees be a minimum of 10’.  Mr. Lee agreed and stated we have required this in the past.

Mr. Briscoe, 6 Pleasant Street:  showed the board a picture of the trees.  He stated there is a big difference between what is there and what is being proposed.  The trees that are there are 40’ high and the church is 38’ high.  Mr. Lee stated he knows this is a painful thing for the neighbors to see the trees go, but trees don’t last forever.  He asked why they don’t use the Dover Amendment for this and Mr. Fishman stated they didn’t approach it that way.  Mr. Wernick stated doing it this way makes for better neighborly relationships.  Mr. Ruskin asked what the Dover Act is and Mr. Lee stated that it allows churches and schools to be exempt from local zoning regulations.

Mr. Okstein stated that the trees are big and beautiful and he understands where the neighbors are coming from, but eventually the new trees will be nicer.  Mr. Lee agreed and stated if approved, a condition will be that the church would be responsible for planting and maintaining the trees.

Mitch Klasner, 3 Pleasant Street:  asked how big the Austrian pines will grow and Mr. Spender stated 35-40’.  Mr. Lee stated we can’t do anything about the neighbors’ property.  We are only looking at the church property right now. 

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Ellen Schofield, an abutter and church member, stated an Austrian pine can be 50-60’ with a 20-40’ spread.  If the trees crowd each other out, they may have to be thinned.  Mr. Fishman stated as a point of clarification, there are two trees on the Mendes property they can’t do anything about.  He asked if the board is inclined to have plantings where the stockade fence is along the Mendes’ property.  If the Norway maples stay on the Mendes’ property, he is not sure if the new trees will grow.  Mr. Spender stated he needs some input on the trimming.  Mr. Fishman asked if they will grow in that area and Mr. Spender stated yes as they will get the sunlight they need.  Mr. Lee stated that the planting plan dated May 12, 2008 will be referenced in the decision and the plantings will be done according to that and the trees will be a 10’ minimum out of the ground.  Also, the drainage area will go into a rain garden.

Mr. Fishman stated that Peter O’Cain looked at the drainage calcs and he is okay with what is proposed and shown.  They are meeting with the Historical Commission next Wednesday.  Mr. Lee stated that the Historical Commission is supportative of the concept.  Also, the neighbors need to know they will, at this point, lose trees.

Ellen Schoenfeld stated she is not concerned about the plantings on the Hall’s property line; she is concerned about plantings on the Mendes side as they are planning to leave five maple trees.  If those trees don’t make it, then what?  Mr. Fishman stated they will remove all Norway maples that will cause an impact.  The only two that will remain are on the Mendes property.  Ms. Schoenfeld stated that Norway maples are extremely robbing of the soil and could cause a problem in that area.  Mr. Lee stated that we understand that, but that is just the way it could be.

There were no further questions from either the public or the board.

Mr. Fishman asked that the hearing be closed.  Mr. Lee closed the hearing.

Mr. Lee moved to approve the addition and site modification shown on the plans dated May 12, 2008 for the Unitarian Church with the Board’s standard conditions and eight special conditions:  1) A new septic system shall be installed; 2) The church will be responsible for planting and maintaining trees; 3) Trees are to be planted in accordance with the Planting Plan dated May 12, 2008 with the modification that the proposed arborvitaes shall be a minimum of 4’ in height, not 3’ as originally proposed; 4) The buffer planting trees will be a minimum of 10’ out of the ground, not between 8-10’ as presently shown on the Planting Plan; 5) Any new fencing shall be continued in the same style as the old fencing; 6) As per a memo dated June 12, 2008 from the Town Engineer, bollards shall be placed between the proposed addition, proposed play area and the parking lot for safety purposes; 7) As per a memo dated June 12, 2008 from the Town Engineer, calculations regarding the size of the proposed rain garden shall be submitted and approved by the Town Engineer along with pertinent percolation test data in order to correctly size the proposed rain garden;  8) As per a memo from the Town Engineer dated June 12, 2008, the fence for the proposed play area indicates that at least one post will be located within the septic field, which is unacceptable because damage may be caused to the septic field during fence post installation.  Placement of fence posts within the play area shall be approved by the Town Engineer.

Motion seconded by Mr. Okstein and voted 3-0-0 (Wernick, Okstein, McCarville).

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9:30 P.M.        Drake Remand, Case No. 1615:  Mr. Lee stated that the members voting on this would be Mr. Newman, Mr. Lee and Mr. Okstein; however, because Mr. Newman was not present tonight the board cannot go forward.  He continued this hearing to July 23, 2008.

9:35 P.M. Sharon Commons Continued Hearing, Case No. 1609:  Mr. Lee asked where the applicant stands with regard to tree removal with respect to this site and Mr. Houston stated it is 80% cleared, the construction gates are all in place and the Fire Department has keys.  There is a by-pass being constructed at the end of Laurel Road also.  He stated that the earth work people working for Intoccia have been inactive for a few days.  Mr. Lee asked if there are any neighbors with issues.

Christine Turnbull, Mass Audubon:  stated that June is the worse month for clear cutting because of the wild life.  This is the prime nesting season.  She knows this is after the fact, but maybe it would help for the future.  Mr. Lee asked if this has impacted her property and Ms. Turnbull stated no.

Irv Frankel, Shaw’s Plaza:  he just got the plans for the traffic and has not reviewed them as yet.  He doesn’t have a problem at this time.  Mr. Lee asked if he has had a problem with dirt and Mr. Frankel stated no.  Mr. Lee asked Mr. Shelmerdine if they have signed any tenants and Mr. Shelmerdine stated not at this time.  Atty. Rudman stated they are working on that and there are serious negotiations going on now.  They will continue to work on it.

Mr. Lee stated the board has taken steps to help them move along; now, we have a large stripped site.  Hopefully you will get some tenants soon.  Mr. Shelmerdine stated that the construction activity has helped with tenant negotiations.

Tom Houston asked if the applicant wants to proceed without Mr. Newman here tonight and Mr. Shelmerdine stated yes.  He stated that Michael Wang is present tonight from Arrow Street and he will present on the retaining walls and railings.

Mr. Wang stated that the walls will range from 7’ to 13’.  Some locations may be a bit higher, but not much more than that.  The walls will be a hollow precast brick and the cavity will be filled with a loose stone so the drainage will flow through it.  The railing system may be separate from the wall, but he is not sure at this time.  There will also be a variety of finishes.  The chiseled granite pattern is the most popular.  The height will be 42” for safety reasons.  The railings will be ornamental steel rails with prefab panels.

Ken Caputo stated the chain link fence will be used as a safety barrier, but they will use decorative railings wherever they are visible from the site.  Mr. McCarville asked how old is this brick technology and Mr. Caputo stated it has been around for about ten years or more.  He further stated they have the most ideal conditions on this site.  He will find out the life expectancy of the bricks, but feels it is well over 20 years and more in the vicinity of 50 years.  Mr. McCarville asked how it is repaired if there is an issue and Mr. Caputo stated they simply take it out and replace it.  Mr. Lee asked Mr. Houston if he feels the Zoning Board needs to approve the block and Mr. Houston stated yes with respect to the color, material, and finish.  Mr. Lee feels the Design Review Committee should look at this.  You are asking us to approve a conceptual plan tonight. 

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Mr. Caputo stated they just want to know tonight if the board is in favor of the product.  Mr. Lee polled the board and everyone liked this.  Mr. Caputo feels the wall also fits in nicely.  Mr. Lee asked if they would like a vote stating the board supports the stones used for the retaining walls.  Mr. Houston stated if the board approves the system, they could deal with the variations in color and forms in Phase 2; Phase 3 would be the Design Review Committee.  Further, there was formerly a large wall system behind Anchor #3 in the northeast corner of the site.  They would like some engineered and planted slope in that area.  Mr. Caputo stated it was not addressed due to the fact that it wasn’t in place.  Mr. Lee stated we could approve this product as we think it is fine, but we will leave the texture and color up to them.  They have to come back with the engineering of it and it will all be reviewed by Tom Houston. 

Mr. Lee moved to approve the stone structures used for the retaining walls but retaining all rights to surface, color and texture of the product for later review and understanding that this is not the final plan.  The applicant will provide durability documentation and furnish certain warranty information.  Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, Wernick, McCarville).

Old Post Road Cross Section Review:  Mr. Houston stated there will be no site work on the right side, but there is room for plantings.  Site work will be on the left side.  His concern is how can they make this compatible with the trees they want to plant.  They did increase the median width from 10’ to 12’ and they are proposing to make a shared bicycle/pedestrian way which will be an 8’ paved zone.  It also has to be 8’ from the travel way, so they created more separation. Now it will be a 16’ wide travel way instead of 20’ because of the shared bicycle/pedestrian way.  It is a more narrow travel way than what was originally proposed.  It can be made wider up by the village.  Mr. McCarville stated he is concerned with the first cut taking a left-hand turn through traffic.  Mr. Caputo stated this has been analyzed.   Mr. McCarville asked if is more narrow because of plantings and Mr. Caputo stated it is because they want it aesthetically more pleasing. Mr. Wernick stated he likes the separated strip idea.   Mr. Houston stated he feels the original design doesn’t provide adequate space for the plantings as shown on the plan. He stated that wherever possible you want a minimum width of 18’.  Peter O’Cain agrees with that also.  He feels that can be guaranteed for at least half of the roadways. Mr. Lee stated that the board likes the 8’ sidewalks.  He further stated that the applicant still needs to do work according to Peter O’Cain’s comments and they also need to present that work to the Selectmen.  The board also likes the wide bike path.  Mr. Caputo stated it will be separated by the tree plantings along the route.  He asked if the Zoning Board objects to them taking this to the Selectmen and Mr. Lee stated that is no problem.

There were no public comments or questions.

Mr. Shelmerdine stated they will be submitting the changes to the Selectmen so they can proceed with Mass Highway and also with traffic mitigation.  Mr. Shelmerdine asked if they could come back to the board’s next meeting.  They would also like the board’s next September meeting to themselves.  Mr. Lee agreed to put them on September 24^th and stated there would be no other business that night.

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It was moved, seconded and voted to adjourn.  The meeting adjourned at 10:45 p.m.

                                                            Respectfully submitted,

Minutes accepted on 12/10/08