SHARON ZONING BOARD OF APPEALS MINUTES OF MARCH 25, 2009

A regular meeting of the Town of Sharon Zoning Board of Appeal was held on Wednesday, March 25, 2009 in the Selectmen’s Meeting Room at the Town Office Building.  The following members were present:  John Lee, Chairman; Kevin McCarville, Secretary; Larry Okstein, Seth Ruskin, Lee Wernick (8:15 P.M.).

Mr. Lee opened the meeting at 8:00 P.M.

New Hearing:

8:02 P.M.        MetroPCS, 135 R Upland Road, Case No. 1634:  Mr. Lee opened the public hearing at 8:01 p.m.  He stated that Mr. McCarville, Mr. Okstein and Mr. Ruskin will be voting on this application.  He read the public hearing notice and also comment letters received from Greg Meister, Conservation Agent, Jim Andrews, Health Agent and Peter O’Cain.  There were no issues.  It was agreed that Mr. O’Cain’s letter would be incorporated into the board’s decision.

The applicant was represented by Arthur Kreiger, Kreiger & Anderson.  Mr. Kreiger stated that the petition is for an antenna to be added to an existing water tank, not a water tower.  They have a signed lease with Ben Puritz already and will submit it to the board if necessary.  There will be antennas with an equipment shed next to it.

Mr. Kreiger stated that Jerry Squires, site acquisition manager, is also present in case the board has any questions.  There are “spotty” issues and dropped calls in town.  He also stated they have a noise affidavit which states there are none of these issues.

Mr. Kreiger stated he is submitting a letter dated March 25^th from Stephen Anderson along with Sheet 2 of 2 of the plan and a cover letter showing a minor change.

Jerry Squires explained the plan.  He stated they are installing six antennas at this location and they will be covering three different directions.  Mr. Lee asked if they are all at the same height location and Mr. Squires stated yes, at 150’.

Samir Parkovetti, 285 Billerica Road, Chelmsford stated he is an engineer working with MetroPCS and explained the different locations around the town.  He said they are requesting three things:  1) special permit for a telecommunication facility on and next to an existing town-owned water tank; 2) special permit to expand pre-existing structure; and 3) special permit to exempt the premises from requirements of the water resource protection district.  They are proposing to put this on a permanent structure that has been there for a year or two.  It will not be visible and there will be no traffic.  It will match what is already on the water tank.  Another one of the other carriers already on the tank is AT&T along with Verizon, but they have not been before the board as yet.

Mr. McCarville asked if this area is gated and Mr. Lee stated there will be one chain with multiple locks.  The Water Department would like access also.  He stated there will be no impact on ground water.

There were no public comments.

Mr. Lee stated that any asphalt that gets ripped up will need to be replaced.  He also asked Mr. Kreiger to submit a draft decision based on the board’s 2000 decision.  He stated we could close tonight if the applicant requests them to do so.

It was agreed to keep the hearing open and asked Mr. Kreiger to email the draft decision to the board’s secretary.  Mr. Lee continued this hearing to April 22, 2009.

Continued Hearings: 

Tran, 25 Meadow Road, Case No. 1631:  Per request of Tracy Sharkey, this hearing was continued to April 22, 2009 due to Conservation issues.

8:30 P.M.        Sharon Residences, Case No. 1632:  Mr. Lee read letters that were received from Nancy Bloomfield, Louise Patane, the Caparello’s and a letter signed by numerous neighbors.

He read a supplemental drain analysis from Coler & Colantonio and a report stating the scope of the work that was submitted by Tom Houston received on February 25, 2009.

Mr. Lee stated that two members are leaving at 9:00 p.m.

The applicant was represented by Bob Shelmerdine and Jesse Moreno.  Mr. Shelmerdine presented the board with site layout plans.  He stated they last met with the board on February 25, 2009 and their first meeting was on January 14, 2009.  Since that time they have met with the Board of Health and they signed off on the septic on Monday night.  It is a commercial site and they are proposing to build 29 townhouses, but they have altered the original layout.  They would like to stay with the hammerhead and relocate the four townhouses that were against the Patanes’ property, which would eliminate come of the impervious.  They have also submitted a package to the board with changed architecturals.  They did receive some correspondence and are working on that.  They do need to produce a project impact evaluation.  The draft sections on noise, traffic and construction phasing was delivered to the board last week.  Mr. Lee stated he will put a copy of this on file at the library.  Mr. Shelmerdine stated they are also submitting a deed rider and sign package.  He also gave the board a housing plan over this past weekend.  Tonight he is delivering a rider to the deed showing that the Affordable Housing portion will be in effect for 99 years.  Mr. Lee stated that typically we ask for perpetuity.  Mr. Shelmerdine stated he is not sure that is correct, but will run it by DHCD.

Mr. Shelmerdine stated that in a 40R, ownership equals 20%; rental = 25%.  In a 40B, it is 25% ownership or rental. Adam DeCosta, Esq. who is representing the town while working with Mr. Shelmerdine stated that the standards for 40R are different from 40B standards. Mr. Shelmerdine stated that they have entered into an MOU with the town and therefore they are doing 25%.  He understands the neighbors concerns and the issues they have raised.

Mr. Lee asked what changes have been done since our last meeting?  He asked if they resolved the wetland issues.  Mr. Shelmerdine stated they ar in front of Conservation and expect to resolve those issues soon.  Mr. Lee stated they have moved a couple of buildings and Mr. Shelmerdine stated yes.  Jesse Moreno stated they did change a cul-de-sac.  Mr. Lee asked if the fire chief is okay with that and Mr. Shelmerdine stated they haven’t heard from him.

Mr. McCarville asked why the entrance to Old Post Road is so far north. Mr. Shelmerdine stated he believes it is because of the wetland buffer.  Mr. Lee stated he would like the neighbors to ask some questions.  Mr. Shelmerdine stated he would like to speak first.  He stated that he has met with the Patanes, Jones, and O’Hares, who will be affected the most and they have agreements with these people. The agreements that were signed tonight will provide fencing in the backyards and also landscaping.  Mr. Jones wanted a 6’ high 180’ long earthen berm running down his property.  They will locate it somewhere Mr. Jones wants it.

 On the south side of S. Main Street the street the road will be widened and the mall is obligated to do the widening.  There are agreements with the property owners between Gavin Pond Lane and Holly Road.

Susie Walsh, 680 S. Main Street:  she did get a phone call today and spoke with Michael Intoccia.  She did not receive any letters.  The statement that they are not concerned with the construction that is taking place now directly across the street is erroneous.   They are very concerned about that road staying in place.  She thought it was only going to be an emergency road.  They are impacted by this road and she would like that addressed.

Mr. Shelmerdine stated they need to build the first 14 units on a septic system.  This roadway needs to be built along with a bridge.  Permanent access will be elsewhere, but they do need temporary access until the 14 units are up and running.

Mr. Okstein asked about the headlights going into Ms. Walsh’s house.  He also asked why she didn’t receive a letter.  Mr. Shelmerdine stated they will meet with her and they will deal with her issues.  Mr. Okstein asked when they will meet with her and Mr. Shelmerdine stated before the decision.  Ms. Walsh stated there are three other families – the Walsh, Bloomfield and Capasullo.  Mr. Ruskin stated there may be people that aren’t here.  Mr. Lee stated that these people are directly across from this. 

Amanda Guven asked if it is a given that they will have the road.  Mr. Lee stated no.  They have been given temporary access through an MOU with Selectmen.  Mr. Lee asked the definition of temporary – 5 years?  He stated this has not been clarified.  Mr. Ruskin stated we will make sure this will be resolved before we sign off on anything.

Mr. Lee questioned the reconfiguration of the rooms.  Exercise rooms and lofts turned into balconies.  Mr. McCarville asked if they are indoor or outdoor balconies.  Mr. Shelmerdine stated that over the first floor, study doors have been changed and the area has been completely opened up.  Mr. Lee stated it now can’t be easily converted into a bedroom because the wall has been removed.  Mr. Shelmerdine stated that on the second floor, the balcony area can’t be closed in.  There will be no closets or doors.   Mr. Lee stated that the plans that were dropped off this week still show an exercise room.  Mr. Shelmerdine stated the difference between the plans is now there is a dressing alcove not a walk-in closet.  The balcony is no longer a loft.  Mr. Lee stated they didn’t change anything except the name from a loft to a balcony.  The risk we are running into is that the ZBA is not going to approve this with a loft/balcony.  He stated they run the risk of us not approving the design.  Mr. Shelmerdine stated he will discuss this with Mr. Intoccia.  Mr. Lee stated they took the same plans and moved some walls.  They could have come back with new plans that fit what we want.  The square footage is also the same.

Mr. Wernick stated the first floor was a good change.  Mr. Shelmerdine asked if that change is acceptable and Mr. Lee stated yes.  Mr. Shelmerdine asked about the second floor.  Mr. Lee stated we are not going to design this for you.  You only changed the name from a loft to a balcony.  Mr. Shelmerdine stated they have a disagreement as to what need to be changed.  They didn’t change anything they didn’t think needed to be changed.

Mr. Lee stated they have to wrap this up as there are two board member that are leaving.  Mr. Shelmerdine stated they have nothing else to submit.  Mr. Lee stated he sent an email requesting this be continued to sometime next week.  Mr. Shelmerdine stated he would like to have a full meeting on just this next Wednesday.  Mr. Lee stated he is not available next Wednesday, nor is Mr. McCarville.

Mr. Lee continued this hearing to April 15, 2009 at 8:00 P.M.

Mr. Okstein and Mr. Wernick left the meeting at 9:25 P.M.

Mr. Intoccia stated he is getting stimulus money from the government and he must be ready by June.  He can make the gate solid that would protect the neighbors from headlights.  Mr. Lee stated the ZBA will approve what is going there.  The MOU shows a temporary access.  Mr. Intoccia stated they will know about the stimulus money in 35 days.  Mr. Lee stated the ZBA is not sure they way emergency access out to S. Main Street.  Mr. Intoccia stated he can build a berm with 6-8’ pines which will protect the neighbors.  Mr. Shelmerdine stated if you don’t want an emergency access, they won’t do it.  Mr. Lee stated he doesn’t think it is necessary.  You need to make the neighbors happy.  He asked who has signed off.  Mrs. Patane stated she was looking for an extension of five days, but didn’t heard from the ZBA.  Mr. Lee stated the ZBA hasn’t met since February 25.  He stated we can’t address anything unless it is in a public hearing.

Mrs. Capsullo stated she is concerned with the headlights.  Mr. Intoccia stated he will try to do as least as possible at this end.  Mr. Lee asked if the neighbors have any more concerns.  Mr. Jones stated he spoke with Mr. Intoccia today and worked things out.  Mr. Shelmerdine submitted agreements from the Hares and Patanes.

Adam Costa, Esq., statd he is a consultant to the board and the town, not the applicant.  His allegiance is to the town.  He explained the workings of a 40R to the board and stated he would like to review the final decision.

Mr. Costa stated that Michael Jacobs had reviewed this as a 40B project.  Mr. Intoccia stated that instead of 20%, the whole project would be 25% in the back and 20% would be at the front.  Mr. Lee asked if six would be affordable and Mr. Intoccia stated yes.

Mr. Lee asked Mr. Costa to explain the appeal process and how it is different from a 40B.  Mr. Costa stated they are similar.  In an attempt to make 40R more appealable and less of a risk to the developer, an individual would have to post a bond at the time of an appeal.   They would also have to submit an amount to cover attorney fees.  This is in the statute.  Mr. Intoccia asked who would put up the money and Mr. Costa stated an abutter or whomever is appealing.  Mr. Lee stated that the reality is that the neighbors would not want to appeal this.  Mr. Costa stated that a 40R requires a super majority vote from town meeting.

Fred Jones, 661 S. Main Street:  how many units will be rental and Mr. Intoccia stated none.  Further, what Mr. Costa has brought up now was all explained at town meeting.

Susie Walsh, S. Main Street: asked Mr. Costa to explain the maintenance of this area and how does it work?  Mr. Costa stated that generally the roadway would be private.  The town would not be responsible for plowing or sanding.  The individual homeowners would pay dues and trash pick-up would be private. Landscaping would be covered by the condo fee also.  Mr. Shelmerdine stated that is what would happen.  Mr. Intoccia stated there would be three different associations.  Mr. Lee stated you can’t tell an affordable unit from the outside.  Mr. Intoccia agreed.  Also, they will always have a condo association for maintenance on the outside of these buildings.  He stated that the exterior will look the same, but the interior will be different.

Ed  McSweeney questioned the money paid to the town.  Mr. Costa stated there is also a building permit bonus to go to the town.  Mr. McSweeney asked if there is a 3-year limit.  Mr. Costa stated they have three years from the town meeting vote to pull one permit.  Mr. Intoccia stated they have to give $200,000 to the gown around the first of  April.  The town will reimburse the developer when the roads are done and they have received the money from the State.

Mr. Costa stated that 40R deals with minimum density, which is counter intuitive to everything else in zoning.  40R works with the town and the town gets a nice check from the State.

Mr. McCarville questioned the septic system.  Mr. Shelmerdine stated they can’t build any more than 14 units on the proposed septic.  Mr. Intoccia stated he needs the temporary access to get moving on this.  Mr. Moreno stated they have temporary permission.  Mr. Shelmerdine offered a site visit to Mr. McCarville.  Mr. Moreno stated there is a bog that has been built into the existing right of way.  It is an 18’ wide temporary gravel road.  Two cars could not pass each other on this.

It was moved, seconded and voted to adjourn.  The meeting adjourned at 10:30.

                                                            Respectfully submitted,

Minutes accepted 4/22/09