Sharon Zoning Board of Appeals Minutes of March 11, 2009

A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, March 11, 2009 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; Seth Ruskin, Larry Okstein, Lee Wernick (8:15 P.M.).

8:00 P.M. Continued Hearing: Omnipoint, 215 South Main Street, Case No. 1626: As per request of the applicant, Mr. Okstein moved to continue this hearing to April 22, 2009 at 8:00 P.M.. Motion seconded by Mr. McCarville and voted 4-0-0.

8:02 P.M. Continued Hearing: Omnipoint, 2-4 N. Main Street, Case No. 1628: As per request of the applicant, Mr. Okstein moved to continue this hearing to April 22, 2009 at 8:00 P.M. Motion seconded by Mr. McCarville and voted 4-0-0.

8:06 P.M. Continued Hearing: Trvong & Mai Tran, 25 Meadow Road, Case No. 1631: Mr. Lee read a letter dated February 25, 2009 received from the Board of Health. Mr. Lee stated the applicant needs to go back before the Board of Health.

The applicant was represented by Tracy Sharkey. She stated they are putting in a new septic system. Mr. Lee stated the board needs written assurance from the Conservation Commission that they are okay with the wetlands; from the Board of Health that the septic system plan was received and it can be constructed as shown. Ms. Sharkey stated there was a previous Title V done prior to 1985 and a 1,000 gallon tank was approved.

Mr. Lee stated that this hearing has previously been delayed due to weather and also due to lack of information. He stated this hearing will not be closed until we receive a letter from the Board of Health stating they are all set. We don’t need the system built, but we need a design plan showing the permit number issued by the Board of Health. We also need a wetlands delineation.

Ms. Sharkey stated they are demolishing the existing and replacing it with a new house and two car garage. They are lacking 20’ of frontage and also 4,000 s.f. is lacing from the lot requirements. Mr. Lee stated the new house will be within the setback zone because the house is being moved back. It is too close to the street now the way it is and we don’t allow that now. He asked Ms. Sharkey how many s.f. and she stated the current house is 1,265 s.f. and is one level. The proposed house is two levels and is approximately 3,000 s.f. for both levels. Mr. Lee asked if they here because the lot size is too small plus the frontage is incorrect? He further stated because it is a pre-existing house, we look at grandfathering the lot and you are not increasing the non-conforming nature of the lot.

Mr. Ruskin asked where is the garage. Ms. Sharkey stated the bays are facing the left side of the lot. Mr. Lee stated he knows there are wetlands back there and it is important that they be delineated. Mr. Trans stated it is town land to the left side of the lot. Mr. Lee stated there is definitely water in the area.

Mr. Lee asked for comments from the board.

Mr. McCarville asked if all the bedrooms are upstairs and Ms. Sharkey stated yes. He questioned the doors proposed for the Media Room. Ms. Sharkey stated they are French doors that can swing either way. Mr. McCarville asked if this will be built on a slab and Ms. Sharkey stated no, a full basement.

Mr. Lee asked if there were any neighbors present and there were none present.

Mr. Lee asked how many square feet the new house will be and Ms. Sharkey stated just under 3,000 s.f. He stated this house is in the water protection district – either surface water or ground water.

Mr. McCarville questioned the French doors because he is concerned with the area being turned into a bedroom in the future. Ms. Sharkey stated the doors will be see-through.

Mr. Lee stated that two conditions of approval will be that 1) this house will remain a 3-bedroom and 2) Title V will be for a 3 bedroom home. He stated there will be no closets in the Media Room and he can see why they would want a door on the Media Room. He stated this will be the largest house on the street. Ms. Sharkey stated it is the second largest as the first one is over 5,000 s.f. Mr. Lee stated there are no neighbors present so they must all be good with this. We will continue the hearing to await input from the Board of Health stating they have an acceptable septic design with a permit number and also a delineation from Conservation regarding the wetlands.

Mr. Lee stated that the applicant take away from tonight’s meeting that we have no problems with the layout or design of the house and there are no zoning iddues.

Mr. T rans asked about the question of the wetlands. He has been there 18 years and there was no problem. Mr. Lee stated it is because you want to change the house and there are regulations as to how close you can go to the wetlands. The new one can’t be any closer than allowed to the wetlands. Mr. Wernick stated the applicant can ask for a special permit to build a new house as laws have changed. Mr. Lee stated we cannot vote until we the entire packet before us. When you get all that information, the board will vote. We are ok with the plan right now. Mr. Wernick stated we cannot tell you how to design your house.

Mr. Lee continued this hearing to March 25, 2009 at 8:00 P.M.

8:30 P.M. New Hearing: John Dentino, 51 Pole Plan Road, Case No. 1633: Mr. Lee read the public hearing notice. Mr. Okstein recused himself. Mr. Lee read letters from Greg Meister, Conservation Agent and Jim Andrews, Health. Neither had a problem with this request.

John Dentino was present and represented himself. He stated he currently has a single car garage, which he wants to remove and add a new two-car garage. He would like to put an antique pick up truck in the back and two bays in the front. Mr. Lee stated that last Fall the board was concerned about a detached garage and now it will be attached. Mr. Dentino agreed with that. Mr. Lee stated he talked to the Building Inspector about enforcement concerns and he has no issue with this. If there was an issue, he would be the one to deal with it. Mr. Lee asked the progress on the previous approved additions and Mr. Dentino stated he hasn’t done the screened porch yet. He also stated there will be a single garage door. Mr. Ruskin asked if it will be a single big door in the front and one in the back and Mr. Dentino stated yes. Mr. Lee asked if there will be windows as he sees one proposed in the back. Mr. Dentino stated he doesn’t think there will be any. Mr. Lee stated the site plan presented is new and is dated December 19, 2008.

Mr. Wernick asked if the new garage is part of another structure and Mr. Dentino stated no as the single car garage that is presently there will be removed. Mr. Wernick asked what is in between the garage and the house. Mr. Dentino stated an existing porch that will stay. Mr. Wernick asked what is under the roof and Mr. Dentino stated an existing screened porch that is staying.

Mr. McCarville stated he is still concerned with possible storage of any commercial trucks. Mr. Lee stated the Building Inspector doesn’t have a problem and he will be capable of taking care of any enforcement issues. We trust people in this town and we assume that people will do what they say.

Mr. Wernick asked if the Building Inspector is okay with this and Mr. Lee stated yes. Our last problem was that there was a large garage being kept separate from the house. This new plan addresses this concern. Mr. Wernick stated is is concerned with the existing porch and new 3-season room which could be converted to another use. There is a full hard roof and it is tied in neatly so it could become another room.

Mr. Lee stated this is a 3-bedroom home and will remain a 3-bedroom. The room across the back is one large room and not separated.

He asked for comments from the public.

Levannah Tenen, 44 Pole Plain Road: Her concerns are the same as last time. She keeps a log of environmental stresses for health reasons. She gave the board a handout. She stated there are caravans of commercial vehicles and the noise is disruptive when they are on site. The activity changes the character of the neighborhood. The neighborhood is no longer quiet. She submitted a CD to show the noise. Mr. Lee asked when she mentions caravans, how many vehicles? Ms. Tenen stated two or three, but she can’t see them. There is a parking area in front of his house and space for three additional trucks on the side of the house. There are large vehicles parking overnight. There are trucks that gather early in the morning. They come and go and they are loud and they wake her up.

Mr. Ruskin asked if she is concerned the new garage will affect them. Ms. Tenen stated she doesn’t think so if the antique truck and gray pick up truck will be parked in it. She doesn’t think the existence of the garage will affect the traffic frequency. Mr. Ruskin asked if she was okay with the garage and Ms. Tenen stated she doesn’t want to go so far as to say that. She said they can’t move or sell now. The neighborhood is now hostage.

Lester Wax, 40 Pole Plain Road: has no problem with what Mr. Dentino does.

Deidre Hall, Pole Plain Road: she has no problem or noise issues and she is living directly next door.

Mr. Lee stated he has driven by this site no less than three times and has never seen equipment. Mr. McCarville agreed. Ms. Dentino stated there is one truck that drives through the neighborhood that doesn’t below to them . They also hear it. Ms. Tenen played a CD of the noise. She also stated there is a red dozer outside her window that is bothersome. That machine has not however been active since it snowed. Mr. Lee stated it is on his own property.

Mr. Ruskin asked her if she was using her home for a commercial purpose and Ms. Tenen stated they have anon-profit business and they write books using computers. When they moved here they checked with the town and they were told they were okay. Mr. Lee asked who told her that as we don’t distinguish between profit and non-profit. Ms. Tenen stated a lawyer. They will get a special permit if necessary. Mr. Lee asked if they are doing anything retail and Ms. Tenen stated no. She played a second CD from December 9, 2008. Mr. Lee asked if Mr. Dentino is dropping something off on that date and Ms. Tenen stated apparently. There is also a concern with regard to his business being landscaping. They are concerned that the back yard will be continually re-landscaped as a showcase for his business. Mr. Lee stated a person is allowed to landscape is own yard. Mr. Wernick stated over and over. Ms. Tenen asked if noise levels would be an issue. Mr. Lee stated that what she played for them tonight doesn’t come close to 85 decibels. Ms. Tenen stated at their property is is 70-75 decibels. She also questioned the low frequency noise as that is most damaging to health and includes large truck and traffic noise. They find that both the noise and unpredictability of it unacceptable. They moved there because it was quiet and it is no longer quiet. Mr. Lee stated the issue is can Mr. Dentino build a garage on his property. There has been nothing said here tonight that says he can’t. We are concerned with the use of the garage and that would be an enforcement issue. The Building Inspector has assured us he will take care of that if there is one. Ms. Tenen asked what about people meeting there as that happens frequently and is noted in her log. Mr. Ruskin stated that doesn’t affect the garage. Ms. Tenen stated the issue is the character of the neighborhood. She knows there is not too much she can do about the garage.

Mr. Lee asked if she would be opposed to the lady on the other side of her house doing renovations. Ms. Tenen stated that 55 Pole Plain has not bothererd them at all.

There were no further questions. The applicant requested to close the hearing.

Mr. Lee moved to approve Case No. 1633 with the board’s standard conditions and the special condition that the house is presently a 3-bedroom and will remain a 3-bedroom. Motion seconded by Mr. Wernick and voted 3-0-0 (Wernick, Ruskin, McCarville).

Other Business:

Daley, 21 Beach Road: Mr. Lee read a letter concerning this property.

Zoning Bylaw: Mr. Lee asked that copies be make of the approved changes for the board.

Sharon Commons: Mr. Lee had a copy of the MOU between the Selectmen and Sharon Residences. He will make copies for everyone.

It was moved, seconded and voted to adjourn. The meeting adjourned at 9:55 P.M.

Respectfully submitted,

Minutes accepted 4/22/09