SHARON BOARD OF APPEALS MINUTES OF OCTOBER 29, 2008
A special meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, October 29, 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; Lee Wernick, Seth Ruskin, Walter Newman, and Larry Okstein.
Mr. Lee opened the meeting at 8:07 p.m. He stated that the objective for tonight is to discuss the engineering.
There were no neighbors present; Two members of the Design Review Committee, Christine Turnbull and Beth Green, were present.
Attorney Richard Rudman, counselor for the DLA Piper Group, 33 Arch Street, Boston was present to speak to the continued hearing. He stated that Atty. Robert Shelmerdine would not be here tonight as he was meeting with the Planning Board. Also present were Michael Intoccia, Leon Patterson, Ken Caputo, Jesse Moreno, Katier Bergner and Ken McQuaid, Store Design Representative for Target. Mr. Rudman stated they would like to present the Target façade. Mr. Caputo made a similar presentation to the Design Review Committee last week. They would like to be in a position that when the Phase 2 Site Plan Approval is issued, they would have a conceptual agreement with Target in order to complete negotiations with them. Last week the Norfolk County commissioner voted to widen Old Post Road and approved the layout that was presented to them. The order will be recorded and the boundaries as submitted will be done. Mr. Lee stated this is a big step forward for the applicant. He asked if that includes the area of filling in the cranberry bog. Mr. Rudman stated there will be bridges over the bog. The actual construction of the road is not a subject that Norfolk County approves. They only approve the boundaries of the roadway. It is the Board of Selectmen who does the other. The Conservation Commission will also address the conservation issues.
Mr. Rudman stated that the approval also stops the access at the end of Laurel Road and the end of Old Post Road will not have access either. They will provide Frank Gobi with the access he has requested on to Old Post Road. He doesn’t want any access onto Laurel Road. The two homes and five-acre piece across the way will be under their control and in the future will be a 40R. Mr. Lee stated that makes it easier for everyone. Mr. Intoccia stated they are going to make all the units look like a village. Mr. Lee asked if he is talking about the residential component and Mr. Intoccia stated yes.
Beth Green, 11 Huckleberry: asked about a buy back agreement. Mr. Intoccia stated he has a right to buy back the property. We have a verbal agreement with a purchase and sale within the next 48 hours. The only one they don’t control is Frank Gobi’s sister who is located outside the gate.
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Ken McQuaid: stated he is the store design representative for Target’s home office in Minnestoa. He showed pictures of a Target store and discussed how it will be set up. They have been working with Michael Wang from Arrowstreet. He submitted a conceptual plan for the building. He stated that the sidewalk is about 9-10’ wide and will have an open trellis. Mr. Wernick stated he doesn’t like the look of the big red brick box at the front façade, as it is not what the people are expecting and also questioned the gables on the roof. Mr. McQuaid stated this was previously discussed, but he feels it will look okay when done. Mr. Lee asked him to address Mr. Wernick’s concerns about the gables on the roof. Mr. McQuaid stated when they keep it simple, it looks better. Mr. Lee stated that what was shown to the people in town was different.
Mr. Houston stated that this is the first time he has seen the building elevations. They are concerned with the view from the road, as the site will be most visible from Route I-95. Therefore, they want to make sure they give high quality treatment to that portion of the site. The other concern was the orientation of the loading dock as it is wide open and faces Route 95. He asked if there would be an opportunity to spin the loading dock 90 degrees so they could get a higher wall to shield it? The visibility varies a lot. May they could look at that in more detail. Mr. McQuaid stated that people driving by won’t see brick detail as they will be going 70 mph down the highway. Also the loading dock is 4’ below the level of the street and he thinks there will be a problem if they change it.
Mr. Caputo stated that Target had a lot of questions about turning around in there; therefore, they will send the trucks out the way they came in. He stated it is tight at 67’, but it can be done. He stated it is an efficient operation. They will prepare a visual from the highway. There will almost be an invisible line because it is blocked by a high earthen berm and a pretty dense tree buffer. He further feels the other facades will blend in with this.
Mr. Lee asked Ms. Turnbull and Ms. Green asked if the Design Review Committee is okay with what they presented to them. Ms. Green replied absolutely. Mr. Lee asked if they will be meeting with the DRC again and Mr. McQuaid stated yes next week. Mr. Lee stated that we trust the DRC’s decisions.
Mr. Newman asked it they are familiar with the permitting process that went on prior to Target entering the picture? We revised the permit at the request of the developer to accommodate a larger store. One of the things that was said to us was that through architectural design, you can make a big box store look like smaller stores. We received renderings, which indicated how a larger store could be make to look like a series of smaller stores. He asked if they had seen some of the drawings from the early stages. Mr. McQuaid stated yes. Mr. Newman stated that is not what is being presented here tonight. Mr. McQuaid stated they will be missing the big corner tower. Also, Target doesn’t make their stores like smaller stores. Mr. Newman asked how didWhole Foods do it and Mr. McQuaid responded they didn’t. Mr. Caputo stated they ended up with straight lines but blended them in with other stores. You will see the pitched roofs on the other buildings.
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Mr. Newman stated we are not talking about other stores; we are talking about this Target building. The roofline should be broken up, which you haven’t done at all. What he is looking at looks like a shopping cart storage area. We don’t want a big box look. Mr. McQuaid stated they will look at this some more. Mr. Lee stated you have a week to tell us how you can make this look like several smaller buildings. We are representing the concerns of the people in town who approved this. The residents at town meeting never approved a 135 s.f. building; they approved an 80 s.f building. We were told it would not be a huge box store, which you are now proposing to build. Mr. McQuaid stated they don’t want to make it look like five or six stores as that is not what they do. Mr. Caputo asked if there is another store in the country that looks like what they are presently proposing and Mr. McQuaid stated no. Mr. Caputo stated this is a significant deviation from the norm and they will come back with more tweaks. Mr. Lee stated we want them here. Ms. Green asked if a softer color palette would make it better and Mr. Wernick stated yes. Mr. McQuaid stated that the Wareham store is like that. Mr. Intoccia asked if they have to do brick and Mr. McQuaid answered no. Mr. Intoccia stated that the board’s concern is that can you get rid of the red brick and use something softer to break it up. Mr. Caputo stated that the big store located in Mashpee Commons is all brick and it looks good. Mr. McQuaid asked about using a little brick and Ms. Green stated that sounds good to her. Mr. Lee stated we would like you to work on the following: different materials on the outside; a little less brick and multiple building materials on the façade.
Jesse Moreno presented the engineering portion of the site. He stated that the latest revision made is to accommodate Target. They tried to keep the core engineering as close as possible to what was previously submitted. The schemes are all the same, but there was an overall plan that replaced the Water and Sewer comments. They will upgrade the 8” line in Old Post Road to a 12” line. They also need to be looped separately which will give the most flexibility and utility flow and also gives access to the hydrants for fire protection. They will incorporate any fire comments. The majority of the site if fed by gravity and it then flows to the treatment plant located at the back of the site. There is only building on a pump system, which will only be 400’. They have been told there are five restaurants going in which will be make up of approximately 900 seats. They will be providing grease traps. This will also separate tight tanks and provide a way to monitor leaks. Flow comes in but can’t go out. He believes everything is sized appropriately.
Mr. Ruskin questioned are those systems specific to individual stores and Mr. Moreno replied yes. Things may move around when they get tenants. There will be no problems getting fire connections. However, things may shift 5-10’ when the buildings become occupied. Mr. Lee asked if this water treatment plant will serve the entire site and Mr. Moreno stated no. Mr. Intoccia stated they have perked this and have gone over this with the Board of Health. They were happy with the results. Mr. Lee asked if there will be 60,000 gallons per day and Mr. Moreno stated yes.
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Mr. Lee asked what would they expect for a flow for a project like this and Mr. Rudman stated the way it is calculated is satisfactory to DEP standards. There are 900 restaurant seats and that is the way it was calculated. If they have less, it will mean less capacity in the system.
Mr. Houston stated that restaurants use a lot of water. The fact that they have been conservative in exceeding the number of restaurant seats is good. There is no question they have computed this correctly. Mr. Lee stated that the looping is satisfactory and asked if it is looped coming in from town. Mr. Moreno stated there is a connection in various locations to bring it out to the store. Mr. Lee asked if they can actually have a loop on a loop and Mr. Caputo stated yes. Mr. Houston stated there is a mini and a major loop. They are impressed with the quality of the design. Mr. Caputo stated it will also help some people that get water in their cellars now. Mr. Moreno stated you are going from older materials to the Cadillac of today. Mr. Houston stated they have completed a review, but it is not ready yet. Mr. Lee stated we can see the leaching fields and general layout.
Mr. Houston stated that because of the way the water distribution is presently configured, it will all be looped on site. He would however like input from the fire chief on the hydrant locations. He is seeking that in part now. In terms of the pressure, there will be no problem. The pressure tests look good. The sanitary sewer system has been checked out and has been permitted by DEP and the Board of Health. They have also looked at the drainage system and that will accommodate the buildings without a problem. There has been a lot of testing out there to confirm the size. It will probably be fine. He is not sure when the drainage calcs will be done. Mr. Lee asked how he feels about the pavement over the leaching field and Mr. Houston stated it should be fine as the fields are vented. Mr. Lee asked if this is to drinking water standards and Mr. Houston stated it meets “reclaimed” drinking water standards. He further stated there is also a delution faction. Mr. Moreno stated the travel time to the Sharon well is six years and they are only required to meet two years. That means they have advanced treatment and certainly meet the standards. Groundwater moves very slowly, such as inches per day and they are three times above the point that DEP is looking for. Mr. Rudman stated they have agreed to a sampling procedure as requested by the Board of Health. Mr. Lee stated that due to the wetlands around there, we don’t want to pollute the cranberry bogs.
Mr. Houston stated they took a second look at the roundabouts and they did express some concerns about the width of the parking area. Mr. Okstein stated that with Target and because of the amount of traffic, a wider way would be better rather than a smaller village-y feel. Mr. Lee stated they want a safe project. Mr. Newman asked if all the utilities are underground and Mr. Lee stated yes. Mr. Lee asked how the natural gas is being brought in and Mr. Caputo stated the gas company is looking at S. Walpole Street and S. Main Street. The main underground electric power will be coming in from South Walpole Street. Mr. Moreno stated there will be no municipal water for irrigation, but there may be a supplemental well.
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Mr. Caputo stated the systems are tied into the weather. If it rains more than an inch, the sprinkler will not come on. Mr. Houston stated you can’t do something on the scale with cisterns; they need to have wells. Mr. Newman asked why they can’t use the water from the treatment plant and Mr. Houston stated they can if it is permitted that way, but that is not what they proposing to do. Mr. Newman asked what they do at MacIntosh and Mr. Houston stated he doesn’t know. He knows they have on site irrigation wells.
Mr. McCarville asked where is the snow removal going to be and Mr. Houston stated it is designated on the other plans. Mr. Lee questioned the lighting and Mr. Houston stated it is detailed on the drawings. The lights have the hood over the top. There will be two level lighting on this site. Mr. Lee asked about low-flow toilets and dishwashers and Mr. Houston that is a requirement of zoning and it will be a Phase 3 item. Mr. McQuaid stated that Target’s fixtures are all low flow.
Mr. Moreno stated it would be difficult to do the whole site with cisterns. There will be a lot of landscaped open space and this will also be addressed in Phase 3. Also, the type of plants that you choose is important. You don’t want to pick things that like “wet feet”. They need to have the kind of look you want, but not ones that need a lot of water. There will not be turf everywhere. Mr. Lee stated that the people in town are sensitive to water use. Mr. Houston stated there was a safety concern about the walls in the northeast corner of the site. They have been lowered.
Mr. McCarville asked if there will be a crosswalk near Target that will be slightly raised and Mr. Houston stated there is a walkway, but it is not raised. Mr. Moreno stated it is not raised because there are stop signs in that area, but there are raised ones in other areas. Mr. McCarville stated it creates a good look.
Mr. Lee asked the applicant to work with Mr. Houston and come up with a draft decision. Mr. Intoccia stated they are already working on that. Further, he stated that you brought up the walls, and they have been working with Mr. Houston on that also. He submitted a drawing that shows the walls and rails. Mr. Wernick stated he thinks it looks nice. Mr. Intoccia stated he would like the drawing approved so they can proceed with ordering it.
Mr. Caputo stated regarding the decision compliance review, they want the board to agree to color, material and texture. The life is 50-075 years, but the older ones were about 15 years. They will have shop drawings of every wall system, height and blocks. The decorative railings, as shown on Sheet 3, of the plan is behind the block system. It could go in the block, but they like the off set better, as does the DRC and Michael Wang of Arrowstreet. The DRC like the modified imperial. This is a submittal for the purpose of getting a consensus on style. They will have black chain link at the back so it is consistent with the railing, but it won’t be seen.
Mr. Rudman stated that when they were originally getting the signs approved, there was going to be a big sign on Anchor #2. Now, there will not be a large sign back there.
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They have also agreed to document what they will be using for screening. Mr. Intoccia stated he would like the board to drive down there before the next meeting. Mr. Caputo stated that the shop drawings will show what the type of fence and rail will be. Mr. Lee stated it sounds like 95% of the project will be decorative fence. Mr. Caputo stated it is actually about 90%. Mr. Lee asked where else the black vinyl fence will be and Mr. Caputo stated along the back of the Target building; everything else will be a decorative rail.
Mr. Lee again stated he would like them to work with Mr. Houston to come up with a draft decision. Also, we want to see the engineering. Mr. Intoccia asked if he would like that emailed before the November 12th meeting and Mr. Lee stated yes. We expect to come in to the 12th and sign it.
Mr. Rudman stated that regarding Jackie Gobi, they have an agreement with her that they will landscape her property in a manner acceptable to her. However, Bob Shelmerdine has spent the summer working with her and her lawyer and they have not been able to do that. They offered to relocate her driveway, put in landscaping and fencing. She has fired her lawyer. He would like the board to incorporate this plan into the decision and upon approval by her, they will do it. They don’t want it to be a condition of approval. Mr. Intoccia stated that if she does allow us to go onto her property, we will do it. He will do whatever it takes to a certain point to make everyone happy. Mr. Lee stated that now we have to go back and modify the plan. Mr. McCarville asked if Ms. Gobi had some demands. Mr. Intoccia stated she cut all the trees down, but he put up a fence. They also painted the circle. Mr. Lee informed him they are bound by the board’s decision. The lesson to us is not to leave something in flux. We should have had a signed agreement before. If we didn’t agree, we would leave her out. Mr. Intoccia stated he will take care of this when she lets him on her property.
Mr. Newman asked to see a sample of the rail and fence. Mr. Caputo stated the same wall is being put in at the Walpole Mall and you can see it there. Mr. Rudman stated he will bring that to the next meeting. Mr. Lee stated we would like a draft decision by then.
There were no further comments or questions.
Other Business:
Mr. McCarville stated he will not be at the December 10th meeting.
It was moved, seconded and voted to adjourn. The meeting adjourned at 10:15 p.m.
Respectfully submitted,
Minutes accepted 12/10/08