SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 23, 2008

A meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, July 23, 2008 at 8:00 p.m. in the lower level of the Sharon Town Office Building.  The following members were present:  John Lee, Chairman; Kevin McCarville, Secretary;  Walter Newman, Lee Wernick, Larry Okstein (8:12 p.m.).

Mr. Lee opened the meeting at 8:00 p.m.

8:03 P.M.             Richard & Ann Rosa, 22 Manomet  Road, Case No. 1617:  Mr. Lee read a letter of clarification from Greg Meister dated July 22, 2008 stating he had no concerns.  Mr. Rosa also submitted a revised plot plan dated July 15, 2008 by Sharon Survey Service.

Mrs. Rosa stated they are moving the back so it doesn’t cover her son’s bedroom window.  Mr. Lee stated that according to the revised plot plan, all the setbacks are being met. 

There were no public comments or objections.

Mr. Wernick moved to approve the sunroom addition subject to the board’s standard conditions and three special conditions:  1) the home is presently a four-bedroom and will remain a four bedroom; 2) there will be no plumbing in the new sunroom expansion; 3) the sunroom expansion will have no foundation.  Motion seconded by Mr. McCarville and voted 3-0-0 (Lee, McCarville, Wernick).

8:10 P.M.             Unitarian Church Amendment, Case No. 1619:  Mr. Wernick moved to amend the board’s original decision with revised conditions.  Motion seconded by Mr. McCarville and voted 3-0-0 (McCarville, Lee, Wernick).

8:12 P.M.             Joseph and Elizabeth Daley, 21 Beach Road, Case No. 1603:  Mr. Lee stated he feels the board was specific in their decision.  He feels the board was cautious because of the elevation of the properties around the lake and they were specific as to how things were to be built.  He feels the issue is the foundation and the board was again very specific as to what they voted on.  It is not just the plans that were submitted.

Ms. Daley stated that you will not see the foundation because there will be a farmer’s porch in front of it.  Mr. Lee stated the foundation is too high.  Ms. Daley stated it is only high because it has not as yet been back filled.  Mr. Lee stated it was a concern of the board that we didn’t want a building sitting as high as 4’ above grade.  That is why we were specific in the decision making sure that the foundation would not be exposed more than 2’ above grade in the front.

Ms. Daley stated she talked with Joe Kent and asked him what he wanted.  He told her that everything they have been doing so far look right.  He doesn’t have a problem with them building the house if the Zoning Board approves it, which they already did.

Mr. Lee stated that the Daley’s have three options:  1) appeal the decision of the Building Inspector; 2) file for a modification; or 3) file for a new hearing.  Ms. Daley stated they have built this exactly as they said they were going to and also according to the plans.  Mr. Wernick stated that according to our decision, the foundation can’t be exposed more than 2’ high.  Mr. Lee stated that the Zoning Board looked at these plans and felt the Daley’s were stuffing a lot on this property.    At that time, the Daley’s said they would be able to do what they wanted and still meet the required grades.  Mr. Lee stated he has gone out there and looked at this and he feels the foundation is probably 6’ above the road at this time.

SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 23, 2008   (2)

Mr. Okstein asked if it will meet our conditions when it is backfilled?  He also asked why Mr. Kent stopped them.  Mr. Wernick stated our conditions still stand even though they have been issued a cease and desist by Joe Kent.  It is his opinion that until they meet the conditions of approval they cannot occupy the property.  If they don’t meet the conditions, it will become an invalid use.  Mr. Okstein feels this is an issue between the Daleys and Joe Kent, not the Zoning Board.  Mr. Lee feels they should go back to meet with Joe Kent.  Mr. Daley stated they can’t cut the foundation back because then it will be below the septic system.  Mr. Lee again stated they should go meet with Joe Kent.

8:55 P.M.             Drake Circle Remand, Case No. 1615:   Mr. McCarville recused himself.  Mr. Lee stated this property in question is an undersized lot and the board has to vote to deny it as they haven’t shown them it is a building lot.

Mr. Newman moved to approve the application as presented to the board.  Motion seconded by Mr. Okstein and voted 0-3-0, Motion denied (Lee, Newman, Okstein).

It was moved, seconded and voted to adjourn.  The meeting adjourned at 9:00 P.M.

                                                                Respectfully submitted,

Minutes accepted on 12/10/08