SHARON ZONING BOARD OF APPEALS MINUTES OF SEPTEMBER 10, 2008

A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, September 10, 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, Seth Ruskin, and Walter Newman.

Minutes:  Mr. Lee moved to accept the minutes of February 27, 2008, March 12, 2008, April 9, 2008, April 23, 2008, May 28, 2008, and June 25, 2008.  Motion seconded by Mr. Wernick and voted 5-0-0.

8:04 p.m.             Avraham Preil, 10 Pleasant Street, Case No. 1620:  Mr. Lee read the public hearing notice as advertised.  He also read a letter from Jim Andrews, Health Agent dated September 8, 2008 requiring the septic tank to be upgraded to 1500 gallons; and, a letter from Greg Meister, Conservation Agent, dated September 9, 2008 stating he had no objections to the desired relief being granted.

Mr. Lee asked Mr. Preil to explain to the board what he was requesting.  Mr. Priel stated they presently have a 3-season room and deck on the back of their house, which they would like to remove.  They would like to dig a foundation, extend the kitchen and make a bigger family room with a bedroom downstairs.  Mr. Preil stated it is a raised ranch.  Mr. Wernick asked if they were going to put in a basement and add rooms and Mr. Preil stated yes.  Presently they don’t have a full basement in this section of the house.  Also, the addition will allow for more kitchen space with a bedroom and storage underneath it.  Mr. Lee asked if they have an approved plan showing the increased septic system and Mr. Priel stated they presently have four bedrooms and it will remain four bedrooms.  There is a bedroom on the basement level and a 64’ storage area.  That bedroom will be made larger.  Mr. Lee stated he doesn’t see a plan showing the present basement area.  Mr. Wernick stated according to the plan in front of them, it looks like there are only three bedrooms now.  Mr. Lee stated the storage area is presently 8’x8’ as shown on the plan.  Further, typically when adding a bedroom the plan should show what is existing and what is being proposed.  We also need to have something showing the existing deck.  Mr. McCarville stated that the board’s relief is based on the setbacks.

Mr. Preil stated they are not changing the setbacks with the proposed changes, but he will get the board a confirmation from a surveyor.  Mr. Wernick stated the board will need that before rendering a decision.

Mr. Lee stated before the board can vote, we need 1) an updated plot plan stamped and signed which shows what is there now and what is being proposed; 2) the board would like to see what is existing now on the ground level and second floor along with what is being proposed including the deck that is there now but is being removed; 3) we know this is being used as a 4-bedroom house; we don’t know if it is an approved 4-bedroom house.  He feels Jim Andrews should be more specific by stating this is a 4-bedroom house and will remain a 4-bedroom house.  The report submitted is for a 1200 gallon system and it should be a 1500 gallon system, which would eliminate the 4-bedroom question.  Mr. Lee further stated that our decision would be based on the update of the septic system.  Therefore, Mr. Preil needs a revised and updated plot plan showing current and proposed conditions.  Mr. Okstein stated it should include the deck.  Mr. Lee stated he can get one plot plan showing what is existing and what is proposed and the setbacks for both.

Chahid  Ghaddar, 6 Pleasant Park Circle:  stated this new construction will be looking at his bedroom and therefore he asks that there be no windows on that side.  He is not opposed to the addition, just would like some privacy.

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                Mr. Priel stated that the existing 3-season room is all windows on the side that the abutter is talking about.  Mr. Wernick feels the abutters should talk and see if they can resolve whatever problems exist.  Mr. Lee stated that one solution would be to plant some trees on the property line which could be a condition of approval.   Mr. Priel stated there are some trees there already.  Mr. McCarville asked him to take some photos to show the board.  Mr. Lee stated we need to make sure this change is not detrimental to the neighborhood.  There is presently a patio shown on the plan on the ground level.  Mr. Wernick feels Mr. Priel should ask his engineer to show the setbacks on both the proposed and what is presently there.  Mr. McCarville stated he also needs to show the roof overhang.

                Mr. Lee continued this hearing to 8:00 p.m. on October 22, 2008.

8:30 P.M.             Joseph and Elizabeth Daley, 21 Beach Street, Case No. 1622:  Mr. Lee read the public hearing notice which stated the applicants are seeking to appeal the Building Inspector’s stop work order dated July 9, 2008 and if necessary to modify the site plan and obtain a variance and/or special permit for plan modifications for property located at 21 Beach Street and situated in the Rural 2 zoning district within the Surface Water Protection District. 

                The Daley’s engineer, David Oberlander and their attorney, Paul Schneider, Canton, MA were present.

                Mr. Lee stated this is not a typical situation as the Zoning Board had previously issued a decision a couple of years ago; the Daley’s were granted an extension of time and then a modification (Case #1603).  In our decision, we were concerned about the elevation of the building being too high.  The intent of the Zoning Board was not what was approved.  Therefore, this application must be resolved to suit the town, the neighbors and the Daley’s.

                Atty. Schneider stated he has spoken with town counsel and also has met with Joe Kent, Building Inspector.  He feels Mr. Lee has summed this up very well tonight.  The decision incorporated the septic plan which shows the building up high with a full basement.    In approving that, the height of the building will be higher than what the board wanted or intended.  He would like the board to order the Building Inspector to rescind the stop work order.  Mr. Lee stated that right now this house is an existing two-bedroom house.  The Board of Health approved a two-bedroom house, but the Zoning Board approved a 3-bedroom house in error.    Mr. Daley stated they are willing to change it to a two-bedroom house even though there was a vote.  Mr. Lee stated it was a scrivener’s error.  It should have stated a two-bedroom house.  The board’s intent was never to grant an additional bedroom.

                Atty. Schneider stated they will agree to the correction to a 2-bedroom house.   Mr. Lee stated that a condition of approval would be a 2-bedroom house and also the basement will not be habitable space.  Mr. McCarville stated the basement cannot be furnished.  Mr. Newman asked if anything can be done to mitigate the visual height of the building.  Mr. Daley stated they are spending thousands of dollars to hide the septic from vision with stonewalls.  Mr. Oberlander showed the board what is being proposed.  Mr. Lee stated that because the Daley’s are going to live here, he is sure it will look nice.  Mr. Oberlander agreed.

                Mr. Lee asked for comments from the public.

                Brad Cooke, 24 Beach Road:  was present to speak in favor of this application.  He owned this lot at one time and there was a shack on it.  He couldn’t do anything with it at that time as he needed to

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keep the existing footprint.  He feels the board is doing a good job with the houses in that area and changes in the neighborhood.  He is pleased this is going forward.  Mr. Lee stated that is what the Zoning Board is trying to do.  He further stated we are also working with the Board of Health to make sure the septic system is properly designed.

                Mr. Lee made a motion to overturn the Building Inspector’s stop work order with the following conditions:  1)  the home will remain a 2-bedroom home and 2) the basement is to remain unfinished.  Motion seconded by Mr. Ruskin and voted 3-0-0 (Ruskin, Newman, McCarville).

8:50 P.M.             Metro PCS, 885 General Edwards Highway, Case No. 1623:  Mr. Lee recused himself.  Mr. McCarville read the public hearing notice.  Mr. McCarville read a memo from Jim Andrews, Health Agent, dated September 8, 2008 and a memo from Greg Meister, Conservation Agent, dated September 9, 2008.  There were no objections.

                The applicant was represented by Scott Lacey of Anderson & Kreiger,  Francis Parisi, Site Acquisition Consultant for Metro PCS, and Mr. Khumel.  Mr. Lacey stated the site is located at the corner of the Wicked Restaurant on Route 1 and there is a similar installation across the street at the Holiday Inn.  The antennae would be attached at the top of the tower as further explained in the packets presented tonight.  Mr.McCarville asked if this is an existing tower and Mr. Lacey stated yes.  Mr. McCarville asked if there will be any interference if there is an existing tower at the proposed height they are adding to and Mr. Lacey stated no.  He further stated the antenna will be approximately 135’ high and located within the footprint of the existing stanchion.  There will be a concrete pad enclosed by a fence.  Mr. McCarville asked how they perform maintenance on this and Mr. Lacey stated the site will be visited once or twice a month to make sure everything is properly working.  Mr. Khumel stated most of the equipment will be located at ground level.  Mr. McCarville asked how they plan to cordon off the equipment area to prevent vandalism and Mr. Lacey stated there will be an 8’ stockade fence.  Mr. McCarville asked if they prefer stockade to chain link and Mr. Parisi stated their landlord requires wood.  Mr. Lacey stated that underground utility connections will be located at the corner.  Further, Metro PCS is new to this market area.  They will offer similar services to AT&T and Verizon when they are up and running. 

                Mr. McCarville asked if Metro s a new wireless facility and Mr. Lacey stated they are new to this area, but they are not a new company.  Mr. Parisi stated that their marketing plan targets “low cost all you can talk” in specific areas.  They are substantially cheaper than AT&T.   The other carriers do know they are coming into the area.  Their service is not designed for the business traveler, but the person who stays within a half hour of Sharon.  When they are finished, they will have built 525 sites around metro Boston.  They are planning on charging $29 to Sprint’s $99.  They will be doing towers in Walpole, Sharon and Canton.  Mr. Lacey stated they have coverage maps and engineering reports for this proposed site.  Mr. Khumel stated they are presently working on major routes and connecting roads.

                Mr. Newman stated there is a lot of neighborhood opposition to these towers; therefore, they should be put on existing structures.  Mr. Parisi stated they are trying to utilize every structure they can find.  Mr. McCarville questioned the power density calculations and Mr. Khumel stated that the FCC has jurisdiction on the power level and they provide guidelines.  He stated there can hundreds of installations on this site and it still won’t be at capacity.  Mr.  Okstein asked if the landlord is Nstar and Mr.  Lacey stated yes.

                Mr. McCarville asked for comments from the public.

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                John Lee, Old Post Road:  stated he lives within a quarter mile of this site and he does support this.  He stated that according to what has been submitted, there will be 8’ arborvitaes around the structure and an 8’ wood cedar stockade fence.  There will also be 5-6’ arborvitaes on the side of the site facing the parking lot.  Mr. Ruskin asked if they are putting these on top of every tower, are the other companies being shut out.  Mr. Lacey stated no.  Mr. McCarville asked if the town realizes any revenue from these and Mr. Lacey stated no, only if it is on a town structure.  Mr. Parisi stated they will search out town places if the board would like.  Mr. Khumel stated they are looking at a water tank for another one, but they do prefer existing structures.  Mr. Wernick asked for a description of the plantings and Mr. Lacey stated they are shown on Sheet A-1 in the packet handed out.  Mr. Wernick feels the entire area should be landscaped. 

                There were no further comments from the public.

                Mr. Wernick moved to approve the application as presented with the board’s standard conditions and seven special conditions.  Motion seconded by Mr. Okstein and voted 3-0-0 (Ruskin, Wernick and McCarville).

9:40 P.M.             Mr. Lee returned to the board.

9:42 P.M.             Felice and Jeffrey Nierman, 49 Azalea Road, Case No. 1621:  Mr. Lee read the public hearing notice as advertised.  Mr. Lee read a memo from Jim Andrews, Health Agent, dated September 8, 2008 stating he had no objections.    Mr. Lee read a memo from Greg Meister, dated September 9, 2008, which stated that he was concerned about an isolated wetland area which appeared to be of sufficient size to be subject to the local wetland bylaw and that if the Zoning Board grants the desired relief, the applicant should follow up with the Conservation Commission.  He further stated that he felt the proposal is approvable under the local bylaw.  Mr. Lee stated that a condition of approval by the Zoning Board would be a filing with the Conservation Commission.  Mr. Nierman asked when they would have to file with Conservation and Mr. Lee stated after the Zoning Board approval is received, but they could call Conservation now and asked to be put on their agenda.

                Mr. Nierman stated they are proposing to expand their home by adding on kitchen space and a family room in the back of the garage.  They would be adding approximately 530 s.f. in total as shown on the submitted diagram.  They are also seeking a master bedroom over the existing garage.  Mr. McCarville asked if there are any trees to be cleared and Mr. Nierman stated yes, they will probably have to.

                Mr. Lee stated the submitted plot plan is good.  Mr. Wernick stated the board needs to see what is going where.  Mr. Nierman stated there is a diagram.  Mr. Lee asked the applicant to walk the board through what they are proposing.  Mr. Lee stated the deck as shown is 14’x13’6”.  Mr. Nierman stated that Miller Brothers drew up this plan for them, but at this time he is not sure who will be doing the actual construction.

                Mr. Wernick stated he would like to see a layout of the original house and also what is being proposed.  Mr. Newman asked if there was another set of plans available and Mr. Lee stated that the set in front of the board was clocked in with the town clerk with the application.  Mr. Wernick asked if there will be a final set of plans and Mr. Nierman stated yes.

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Ms. Nierman stated that there is a difference of a foot in the eating area, but Mr. Kent had stated to her that would not be a problem.   Mr. Lee stated he is looking at a plan that shows the deck and the eating area as being lined up.  He is also looking at a plot plan which shows the proposed addition in the upper corner.  The plan stamped by the engineer states the deck is 11’x14’ but the other plan shows it to be 14’x13’6”.  He feels the applicant should work on this a little more. 

                Mr. Wernick agreed.  He stated we need a plot plan showing everything including the roof.  We need a complete package that has been correctly labeled.  Mr. Lee stated they need to come back in with a complete packet that we can approve as that is what goes to the Building Inspector.  Mr. Lee stated that according to what is in front of them, the entire deck is coming off and they are adding a 21-1/2’ x 49’6” addition across the back of the house.  There will be a family room with a fireplace.  This will be built on a full foundation and will be a one-story addition with nothing on top.  The dimensions of the kitchen will be 14’x14’.  Mr. Newman stated he wants a completely engineered set of plans.  Mr. Wernick stated he would like to see all measurements.  We want new plans showing what is existing and what is proposed with the dimensions of all the rooms.

                Mr. Lee explained to the applicants that the board needs:  1) plans that show the existing house; 2) plans that show what is being proposed; 3) all measurements.  He also asked them to talk to the Conservation Agent regarding the wetlands issues mentioned in his comment letter.  He asked them to get revised plans to the board secretary and she will forward them to the board.  Mr. Wernick asked to see the basement level also on the plans.  Mr. Lee stated the decision will show a full basement without habitable space.  It will be one floor addition.  Mr. Nierman stated they will be making one large bedroom from two smaller ones.  It is presently a 4-bedroom house and will remain as such.

                Mr. Lee continued this hearing to September 23, 2008 at 8:00 p.m.

It was moved, seconded and voted to adjourn.  The meeting adjourned at 10:15 p.m.

                                                                                Respectfully submitted,

Minutes accepted on 12/10/08