SHARON ZONING BOARD OF APPEALS MINUTES OF SEPTEMBER 9, 2009
A regular meeting of the Sharon Zoning Board of Appeal was held on Wednesday, September 9, 9009 at 8:00 P.M. The following members were present: John Lee, Chairman; Kevin McCarville, Secretary; Lee Wernick, Seth Ruskin, Larry Okstein, Walter Newman.
Minutes: Mr. Wernick moved to approve the minutes of July 8, 2009 and July 22, 2009 with clerical corrections. Motion seconded by Mr. Okstein and voted 5-0-0.
Appointment:
8:05 P.M. Cushman, 104 Glendale Road, Case No. 1637 Continued Hearing: Mr. Lee continued this hearing to October 14, 2009 at 8:00 P.M. as per request of the applicant’s engineer, Richard Merrikin, Merrikin Engineering.
Discussions
Sharon Residence, Case No. 1632: It was agreed to send a letter from the board to the Building Inspector asking him not to issue any building permits because they are in violation of what they agreed to which was erecting a fence within 60 days of the clearing of the property.
Louise Patane, 665 S. Main Street: stated this project is affecting the marketing of her house. Mr. Wernick stated the permit was granted with the fence as a condition of approval and they are now in violation. Mr. Lee stated they have already cleared the land. Mr. Newman asked if they have applied for a building permit and Mr. Lee stated no and we should ask the Building Department not to issue one. Mr. Lee stated that he has spoken with the Building Inspector and he thought a letter from the Zoning Board would be the way to proceed. Mr. Wernick stated if they are going to sell anything, they need to build. Ms. Patane stated there is approximately 300’ of fencing to be put around her backyard. There is also a cleared area right up against her property. Mr. Newman asked what kind of fence will be used and Ms. Patane stated unfinished cedar.
Mr. Wernick stated we need to put Sharon Residences on notice. Mr. Okstein asked if we can do a cease and desist and Mr. Lee stated yes, we do have that power. He feels that the Building Inspector should send a letter that no permits will be issued. Mr. Ruskin stated he believes they are in violation and we should do something about it. Mr. Lee stated we will draft a letter to the Building Inspector stating that the Zoning Board of Appeals wants him to suspend the issuing of any permits requested for the Sharon Residence project until all conditions of their approval have been met. Mr. Okstein asked about a letter that says “…. And the next step will be…….”. Mr. Wernick stated we shouldn’t show our hand. It should be enough that the underlying permit is in jeopardy. Mr. Newman stated he doesn’t think they will jeopardize their standing in the town over this fence.
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Mr. Lee moved we send a letter to the Building Inspector requesting that states no permits be issued for the Sharon Residence project will be issued until they meet the board’s conditions of approval. Motion seconded by Mr. Wernick and voted 5-0-0. Ms. Patane stated she heard his intention is to sell first and build later.
Sharon Commons: Richard Henshaw and Atty. Richard Rudman were present to discuss Sharon Commons. Mr. Rudman stated that regarding the fence on Old Post Road facing Anthony DiCippio’s property, he had told the board earlier in the summer that the fence would be in by this point in time. However, the work on the fence has now begun and the fencing material is on site and should be done by the end of the month. It is not as quickly as they had hoped, but they decided it would make sense to hire a local Sharon contractor, which took longer to organize. But, it is happening now. Mr. Lee asked him if he would like to update the board on anything else. Mr. Rudman stated that the retail business is in a sad place. It is a difference back to school season. Target is still with us on this project, but they won’t get going until other stores are on board. They don’t want to open by themselves in an empty mall. However, we are working hard on trying to find other stores. They are talking to tenants now and hopefully it will all come together in the next few months or even as late as next spring.
Mr. Lee stated that the re-vegetation bond will be coming up in May of 2010. We don’t want to re-vegetate something and then have the applicant come in and start work. Mr. Rudman stated they are trying to keep the site stable by hydroseeding and the like. Mr. McCarville asked if they are still involved with Michael Intoccia. Mr. Rudman stated he is part of the development team, but is focused on his residential component and is working on the leasing effort. Mr. McCarville asked if he is the owner and Mr. Rudman stated he has an economic interest in the property and is working with them.
Mr. Lee stated that regarding the PSC Group, Tom Houston has invoices totaling $47,000 some of which are for the Sharon Residence site. Mr. Henshaw stated he will check on that personally. The last invoice he saw was in the amount of $5,000 and it was paid. He will confirm this tomorrow and send Mr. Lee an email. Mr. Rudman stated he would like to be back before the board sooner rather than later. Mr. Lee asked him for taking care of the fence.
Old Post LLC, Request for Extension/Change of Permit: Mr. Lee and Mr. Wernick recused themselves. Mr. McCarville will chair this discussion. He stated that the voting members will be Mr. Newman, Mr. Okstein and Mr. McCarville.
Mr. McCarville stated that he has a letter dated July 28, 2009 which was received on August 6, 2009 from J. Gavin Cockfield, Davis Malm & D’Agostine, 1 Boston Place, Boston, MA requesting an extension/change of permit.
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Mr. Cockfield was present and stated he is representing Old Post, LLC. He stated that Old Post, LLC was approved and then appealed by the abutters. They did receive a judgment from the courts upholding the decision of the board. A final judgment was received on August 4, 2008 and the permit became final on September 4, 2008. Mr. McCarville asked if it was for 55 and over and Mr. Cockfield stated yes. He stated that he sent the board a letter on July 28, 2008 in order to be consistent with new rules that have gone into effect. Also, the economy is such that it would not be economical to go forward at this time. There is no demand for that number of units at this time in the town of Sharon. Therefore, they would like the permit extended. Mr. McCarville stated that nothing changed at all except the lapse of the permit time and Mr. Cockfield stated that is correct. The new rules stated the board has twenty days to respond to this request. It will be automatically granted if not voted on within twenty days because insubstantial changes are as a matter of right.
Mr. Newman stated he thinks this should go to town counsel for his interpretation and Mr. Okstein agrees with him.
John Lee, 509 Old Post Road: stated he is an abutter who appealed this project. This has been ongoing for quite some time. All of a sudden it shows up the ZBA agenda. He feels it should go to town counsel also and the board should be careful granting an extension. He also saw a housing plan sent out by Eli Hauser going from 66 units to 45 units. Mr. Cockfield stated he is not aware of any other request that has been requested. Mr. Lee stated that the entire project was based on being age qualified. Any change to that would be a major change, not a minor change. They are asking for an extension and then sometimes something happens later. He asked that the board be aware there is a potential of a follow up.
Mr. Newman stated if we decide to deny the extension, the project would be dead and then they could reapply at a future time. Mr. Okstein read a portion of the letter and questioned an extension of time and a substantial change. He would like town counsel to confirm what they are exactly looking for. Mr. McCarville stated that the tone of this board was set during the 2008 hearing. We don’t want to change the age qualified status and agrees we should go to town counsel. Mr. Cockfield stated he would like to remind the board that the 20-day appeal period has already lapsed. Mr. McCarville asked how that happened. Mr. Cockfield stated the onus is on the board. The letter was sent in and received on August 6, 2009. He can’t control when it is discussed by the board. Mr. Okstein asked why he is here. Mr. Cockfield stated he was told it was on the agenda. The board could make note that they didn’t respond within 20 days. The board doesn’t have to take a position on this.
Mr. McCarville stated we don’t have to say a thing. Mr. Lee asked that this be sent to town counsel.
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Bob Higgins, Carriage Lane, Walpole: he wanted to let the board know that he, Maureen Smith and others in his neighborhood are concerned that there would be a request to convert this to a 40B from an age qualified restricted development. The market will turn around at some point. There was also a concern about the narrowness of Old Post Road and children. There are still concerns and he doesn’t think anything should change.
Mr. Newman moved that this letter be sent to town counsel. Motion seconded by Mr. Ruskin and voted 3-0-0. Mr. McCarville stated they don’t need anything from us tonight as the 20-day appeal period has lapsed according to Mr. Cockfield. Mr. Cockfield asked if he should contact the administrator to find out what happens. Mr. McCarville asked that this be put on the next agenda.
Mr. Lee and Mr. Wernick returned.
Sharon Housing: Mr. Lee stated that no one showed which was okay with him because the Zoning Board shouldn’t discuss this without a filing.
Omnipoint, 2 N. Main Street: Mr. Lee stated an appeal was filed, but they have different rules because it was filed with Federal court. Mr. Gelerman reviewed this and feels we should settle. Mr. Okstein asked the grounds for a federal appeal. Mr. Ruskin stated that the applicant basically lied and said they specifically researched the tank, but they didn’t. He doesn’t want to cost the town any money, but that is why he voted against it. Mr. Wernick asked if we will lose and the question is should we spend money. Mr. Lee stated that Mr. Gelerman is drafting up a settlement with Omnipoint. Mr. Newman stated let’s assume it was rejected because the applicant doesn’t wish to avail himself of alternatives. He stated they could put it on the tank if federal law doesn’t rule that out. Mr. Wernick stated we need to talk to Mr. Gelerman as this is not black and white. Mr. Newman stated there are valid agreements that this could go in another location even though it will cost the applicant more money.
It was moved, seconded and voted to adjourn. The meeting adjourned at 9:20 p.m.
Respectfully submitted,
Accepted 10/14/09