SHARON ZONING BOARD OF APPEALS MINUTES OF OCTOBER 22, 2008
A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, September 22, 2008 at 8:00 P.M. in the lower level of Sharon Town Building. The following members were present: John Lee, Chairman; Kevin McCarville, Secretary; Lee Wernick, Larry Okstein, Walter Newman, Seth Ruskin.
Appointments:
8:00 P.M. Avraham Preil, Case No. 1620 Continued Hearing: Mr. Lee stated the board had previously asked the applicant to come back with an updated plot plan showing the existing conditions and what it will look like after the build out, which he submitted.
The applicant’s builder, Jeff Oura, Maven Construction, stated the elevations will remain the same. Mr. Lee stated the plot plan shows the existing enclosed porch and deck and also what is being proposed. Mr. Oura showed the board pictures of the existing deck and 3-season sunroom. He stated the basement will have a new bedroom, which is in exchange for an existing bedroom in the same area and also a storage room. Mr. McCarville questioned the closet. Mr. Oura stated it will be a secured closet to store all the Passover dishes and other things needed for Passover. Also the door shown on the plan covers the existing water meter.
Chahid Ghaddan, 6 Pleasant Park Circle asked that some trees be planted and Mr. Oura agreed even though there are quite a few already existing in the area. Mr. McCarville asked for a height and actual type. Mr. Lee stated he would like three arborvitaes to be planted on the boundary line, which will block the neighbor’s view. Mr. Ghaddar stated that there are a couple of trees there now but they are dying and don’t block anything. They also don’t know who they belong to; however, the neighbor agreed with Mr. Lee’s proposal. Mr. Lee asked if they are planning on taking down any trees and Mr. Oura stated not at this time. Further, there is a television dish located 1.8’ on Mr. Preil’s property that belongs to Mr. Ghaddar. He stated the dish was erected by the previous owner, but he will move it if he has to. Mr. McCarville stated that needs to be addressed by the parties involved, not this board.
There were no further comments or questions. The applicant asked to close the public hearing. Mr. Lee stated that Mr. Wernick, Mr. Okstein and Mr. McCarville will be voting on this application.
Mr. Lee moved to approve this application with the board’s standard conditions and the following three special conditions: 1) house is a four-bedroom and will remain a 4-bedroom; 2) the applicant will plant three 6’ arborvitaes on the southerly lot line near the new construction to block the neighbor’s view; 3) the septic system shall be upgraded as required by the Board of Health from 1200 gallons to 1500 gallons to allow compliance with Title V. Mr. Wernick stated that this approval is not a determination on the location of the television dish. Motion seconded by Mr. Wernick and voted 3-0-0 (McCarville, Okstein, Wernick).
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8:20 P.M. Jane Densberg, Sharon Housing Authority: Ms. Densberg gave the board an update on the Avalon Bay project.
8:40 P.M. John Dentino, 51 Pole Plain Road, Case No. 1624: Mr. Lee read the public hearing notice and also correspondence from Greg Meister, Conservation Agent dated October 20, 2008 and Jim Andrews, Health Agent, dated October 20, 2008. There were no objections raised. Mr. Meister did note the area has been clear-cut.
Mr. Dentino stated he is seeking a special permit for a detached 2-car garage and also for the expansion of an existing screened porch. Mr. McCarville asked the height of the proposed structure and Mr. Dentino stated 15’3”. He said it will be for the storage of bicycles, lawnmowers, and an antique pick-up truck. Mr. Lee stated he is in conformance with the required setbacks. Also, the side setback is not on the plan, but he doesn’t feel this is a problem in this case. They are only before the board because of being in the groundwater protection district. There is also no setback issue with the proposed garage. They are only here for that portion because of the lot size. Mr. Lee stated the only requested addition to the existing house is a 3-season porch. Mr. Dentino stated there is a porch there now with a flat roof. Mr. Lee stated the new one will go all the way across the back and it will square off the house. Mr. Wernick asked if there is an existing floor plan provided and Mr. Lee stated no, just what is proposed. Mr. Dentino stated he doesn’t have one. Mr. Wernick asked how many bedrooms and Mr. Dentino stated there are three now. Mr. Wernick requested a floor plan of the existing house. Mr. Dentino stated there is no structure change to the house, just a screened porch across the back. They are also proposing to add a garage. Mr. Lee asked if he operates a business out of his home and Mr. Dentino stated yes, John’s Landscape and Tree. However, he stores his equipment in Avon and also some pieces on 2-3/4 acres in town, but not here at his house. He just bought this house three months ago and it needs work. There has also been a severe ant problem in the house.
Mr. Lee stated that the town is very careful about equipment storage on site. They don’t allow residential homes to be used for commercial use. Mr. Dentino stated it is only there when he is using a certain piece of equipment on site. Mr. Newman stated the lot size is okay. He is only here because of the groundwater protection area.
Mr. Lee asked for comments from the public. Levannah Tenen, 44 Pole Plain Road: she submitted a hand out to the board and also some pictures that were taken at about 8:00 a.m. on a Sunday morning. She stated that the corner of Pole Plain and Henry Street was originally supposed to be a cul-de-sac. The letter from the Conservation Commission is also her area of concern and potential problems with water run-off as that particular area always floods with a heavy rain. After the last heavy rain, which was after clear cutting, there was more flooding on the lawn of 55 Pole Plain Road.
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Mr. Ruskin asked if she is objecting to them building a garage or clear-cutting the property. Also, her letter to the board says “we”. Ms. Tenen stated that refers to her and her husband. She is objecting to the clear-cutting and also to the garage depending upon its use. She feels the clear-cutting is a direct change to the character of the neighborhood. The floor plan of the garage is almost as big as her house. The garage is 24’x30’ and the house is a standard ranch. She is concerned that he will be working on equipment or maintaining vehicles in the garage and also about the disposal of oil and hydraulic fluid and the noise level. They are researchers and her husband is an author. They need quiet to be able to think. The noise is detrimental to a person’s health. Most of the work being done now seems to be done on the weekends. Saturday is their Sabbath and they have been spending it quietly at home. The noise disrupts their Sabbath. The area that has been clear-cut is not the area where the garage will be built. There are a lot of little kids that walk through this area and now there are many strangers in the area. She doesn’t feel secure with all the strangers coming and going.
Mr. Wernick stated he is concerned with all the activity. Mr. Okstein asked the hours of activity. Ms. Tenen stated she could get the board that answer, but she doesn’t have it with her. At this time, the work is within legal hours. All day would be at least six hours and sometimes eight hours. Mr. Wernick asked if she has seen any equipment and Ms. Tenen stated no, but she has seen people come and go with pick up trucks. Mr. McCarville asked if the trucks have logos and Ms. Tenen stated sometimes. There is a red pick up truck that sounds like a big truck. Mr. Dentino stated it is a diesel. Mr. Wernick asked if that is his personal truck and Ms. Tenen stated it could be. It is big enough to tow a backhoe. There is also a small black sports car that was parked out front and they were doing some type of repair to it.
Mr. Lee stated he has been by the site. He stated it is a very residential area and the house is in very bad condition. He asked Mr. Dentino if he is living in it and he stated yes. Mr. Lee stated it is a quiet area. His concern is that this garage is very large and there is already an existing garage on the property. We could state in the decision that it is not to be used for commercial activities. However, a structure of this size lends itself to commercial activities. Mr. Newman stated that what he says might be correct. He has a garage that is almost this size, but is a little longer because he wanted to store lawnmowers or snow blowers. He agrees with Mr. Lee, as we have had a history of this situation before. Mr. Lee stated there have been cases that someone has built a garage and done commercial work in it. The addition to the house is reasonable and makes sense as he is trying to fix it up.
Mr. Dentino stated that twelve of the trees removed were his neighbor’s trees that were leaning over his house. The garage is large so he will have enough room for his antique truck and his regular truck. The doors are 7’ high. He also plans to have a shed in the back. Mr. McCarville asked why the garage isn’t attached to the house like the existing one car garage.
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Mr. Dentino stated it would be more expensive as the one car garage needs work. Mr. Dentino stated he understands the board’s concerns. He lived in another house in Sharon for seven years. He plans to live here, not run a business from here. There was never a backhoe or a bulldozer on the property. The only piece of equipment was an excavator that was used to take out the stumps. It was there for a month because the man who owned it was doing him a favor. If the neighbor, Ms. Tenen, wasn’t always yelling at him all the time, she could have asked him questions and he would have answered them.
Mr. Wernick stated he would feel more comfortable if this garage was attached to the existing garage. Mr. Lee stated he doesn’t think there are any other detached garages in the neighborhood. Mr. Dentino stated there are twelve within walking distance. Mr. Lee asked if they are connected with a breezeway and Mr. Dentino stated no, they are totally not attached. Mr. McCarville stated he is concerned with the size of the garage – 760 s.f. is a garage and a half. How do we police that? What about the next owner? We need to take care of the interest of the town.
Mr. Dentino’s builder, Mr. Garber, stated the average garage is 28’x28’ or 24’x24’. This garage at 24’x30’ is only 6’ larger. The ceiling height is 8-1/2 to 9’. All the trucks are diesel. Mr. Ruskin feels it is a reasonable use for a piece of property. Just because we can’t enforce, doesn’t mean we should hold him back. Mr. Lee stated that enforcement falls on us. Mr. Newman stated he has a right to build a barn on his own property. Mr. Ruskin stated that Ms. Tenen was heard and he wants her to know that she was heard. Mr. Lee stated this work has been going on for a while and asked why he is coming before us now. Mr. Dentino stated he filed as soon as he bought the house and tonight was the first opening. Most of the neighbors don’t disagree with this application. He should have asked them to come, but he didn’t think he would need to.
Mr. Lee stated the decision needs to be very clear. It is a reasonable use, but he has concerns. A condition of approval would be this is not to be used as a commercial use. Mr. Newman stated that no one can regulate the visual aspect. He asked if Ms. Tenen’s major complaint is one of noise and she stated yes. One is noise and also in terms of construction as it is done mostly on weekends. Mr. Lee stated her concerns are that her spouse requires quiet; Mr. Dentino’s business makes noise; however, clear cutting is his right as long as it is his own property and enforcement would be by the Building Inspector. Ms. Tenen stated this could drag on for a long time. To approve this would mean that someone who lives in the neighborhood and needs quiet could be forced out. Mr. Newman stated yes, that could be what happens. Mr. Ruskin stated there is no guarantee that a neighborhood would stay the way it was when you bought into it. He suggested that Ms. Tenen could talk to Mr. Dentino to agree to a time frame.
Mr. Okstein stated that Saturdays seem to be a sore spot. Mr. Dentino stated he works to make a living and Saturday is the only day he can do work at home if he is not working elsewhere. Mr. Wernick stated he understands Ms. Tenen has a religious issue and the board is trying to work this out.
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Ms. Tenen stated there are subsonic noises that are very bothersome. Mr. Newman asked what that is. Ms. Tenen stated it is noise you can’t hear but it still affects you. Mr. Newman stated maybe Mr. Dentino can put up a sound barrier to stop the noise from going toward Ms. Tenen’s house. Mr. Lee stated it is a low vibration. Ms. Tenen stated her house is as insulated as she can make it now. Mr. Lee asked if the members want to take a look at this property and Mr. Wernick stated yes. Mr. Okstein stated he is not sure that would affect his opinion. Mr. Lee stated he knows Ms. Tenen would like no construction on Saturday morning, but it would be okay on Saturday afternoon? Ms. Tenen stated she needs to discuss that with her husband. Also, she wants to draw the board back to the flooding issue and clear-cutting run off. She is not sure how he plans to deal with that issue, as the flooding is everywhere. Mr. Lee stated there was flooding in the past, but now it has increased? Ms. Tenen stated yes. Mr. Dentino stated he checked into the water problem and found out that the catch basin was filled. The grade of his land is sideways. He is planning to plant trees and put in a lawn.
Mr. Lee stated we could approve the house part, but not the proposed garage. That would allow you to move forward. You could come back and request the garage at a later time. Mr. Okstein stated we could accommodate both if he agreed to start later on Saturdays. Mr. Dentino agreed to go forward with the house only. He requested that the garage portion of the application be withdrawn without prejudice and he will re-file at a later time. Mr. Wernick moved to accept the applicant’s request to withdraw the garage portion of the application without prejudice. Motion seconded by Mr. Lee and voted
6-0-0. Mr. Lee moved to approve the application for a Special Permit as shown on the design plan dated August 14, 2008 consisting of one sheet and a plot plan dated August 11, 2008 showing the proposed three-season porch pursuant to Section 6412 (A) and (B) of the Zoning By-Law and subject to the board’s standard conditions and two special conditions: 1) The house is presently a 3-bedroom house and will remain a 3-bedroom house; 2) a new septic system has been installed, inspected and found to be in compliance with all regulations. Further, this application is being approved without the construction of two-car garage as it has been withdrawn without prejudice. Motion seconded by Mr. Wernick.
Mr. Lee asked Ms. Tenen if she is okay with no restriction on the days or time of day work can be done at this site, as this is clearly residential work being performed. Ms. Tenen stated she would like to reserve her right to comment if there are problems. Mr. Lee stated you have the right to make comment to the Building Inspector, as he is the Zoning Enforcement Officer for the town. Mr. Lee asked Mr. Dentino how much longer will the work be going on and Mr. Dentino stated he would like it squared away by December 1st. Also, first thing in the spring, the loam will be going in and after the lawn is in there will no grading left to do. He is not planning on cutting down any more trees. Mr. Lee stated the board appreciates his honest answer.
Motion voted 3-0-0 (McCarville, Ruskin, Okstein).
SHARON ZONING BOARD OF APPEALS MINUTES OF OCTOBER 22, 2008 (6)
9:55 P.M. Ronald Lubin, 12 King Philip Road, Case No. 1625: Mr. Lee read the public hearing notice and correspondence from Jim Andrews, Health Agent and Greg Meister, Conservation Agent dated. Mr. Andrews requested a Title V report.
Mr. Lubin stated he is a life long resident in Sharon. They have a 4-bedroom house now and it will remain as such. The plot plan that he submitted was done when they put on an addition about three years ago. The septic system is off the back left corner of the property. They would like his wife’s parents to come live with them. The addition that was done three years ago was an extension of a kitchen and a small laundry room. They will do a new plot plan and then submit it to the board. Mr. Wernick stated he would also like a floor plan showing what is there and what needs to be done. He stated they don’t want to hire an architect until they are sure what is needed. Mr. Lee stated that the Zoning Board will look at the fact that they are not creating an apartment in their house. Your architect should not put doors that will isolate rooms. You can’t create an apartment in a beautiful residential area. Mr. Wernick stated that any changes need to be part of the main flow of the house. Mr. Lee feels this is a reasonable proposal. We don’t want someone to create a two family in the future. Mr. Lubin stated this will not be an in-law apartment. He asked if the distance of 30’ from the lot line is okay and Mr. Lee responded that he thinks that the 30’ should work as long as the architect makes sure to keep it at 30’.
Mr. Lubin asked that this be continued until January. Mr. Lee continued this hearing to January 14, 2009 at 8:00 p.m.
It was moved, seconded and voted to adjourn. The meeting adjourned at 10:30 p.m.
Respectfully submitted,