SHARON ZONING BOARD OF APPEALS MINUTES OF OCTOBER 14, 2009

A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, October 14, 2009 at 8:00 P.M. in the Selectmen’s Meeting Room at the Sharon Office Building.  The following members were present:  John Lee, Chairman; Kevin McCarville, Secretary; Lee Wernick, Walter Newman; Larry Okstein, Seth Ruskin, and Town Counsel Richard Gelerman and Atty. Amara.

Mr. Lee opened the meeting at 8:05 P.M.  

Old Post LLC Request for Extension of Time:   Mr. Lee and Mr. Wernick recused themselves.  Mr. Gelerman stated that the Old Post LLC is grandfathered in for two more years as they already have one year.

Mr. Newman stated that regarding mail for the board, he is questioning if we should establish some policy for picking it up in a timely manner.  Mr. Lee stated that he and the board secretary have discussed this and it will be checked weekly. 

Mr. McCarville stated that Old Post LLC doesn’t require anything from us.  Mr. Gelerman feels a vote from the board would be cleaner.  Mr. McCarville stated he doesn’t want to do that.  Mr. Okstein stated  that since it has already happened, he is okay with a vote.  Mr. Gelerman stated it is only a formality. 

Mr. McCarville feels that making a motion would acknowledge that Old Post LLC filed some paperwork and it got in under the radar.  Therefore, they have an extension de facto.  Mr. Gelerman asked if the board wants to acknowledge it was done.  Mr. Lee stated no.  There is a technicality of the twenty days.  Town Counsel has agreed to that.  Voting on this says we are supporting an extension.  The board doesn’t gain anything.  Mr. Wernick stated he doesn’t think it is our job to make it difficult or easier for the applicant.  If the applicant feels it is an appropriate position, it will stand.  Mr. Okstein stated that according to the law, it is already extended without the board’s vote.  Voting isn’t to approve anything.  It is just that it happened.  Mr. Newman stated he feels there is no action to be taken.  Mr. Okstein stated we got an opinion from Town Counsel and we should follow up with that opinion.  Mr. Ruskin feels we should do whatever Town Counsel wants us to do.  Mr. McCarville feels this whole issue was unclean in the delivery.

The applicant’s attorney, Gavin Cockfield stated he really doesn’t understand what he did or could have done differently that was somehow misleading.  He sent the letter he was supposed to send.  He asked what he should have done. Mr. McCarville stated that the Zoning Board takes the month of August off and always has.  He feels this doesn’t look clean.  Mr. Cockfield stated the timing was purely coincidental.  He was in no way trying to dupe the board.  It was not a controversial request.  A request was made, now they want a vote.

Mr. Okstein stated he doesn’t feel that Atty. Cockfield would know that they don’t see the mail.  He feels we should just acknowledge the letter was received and the twenty days for appeal has lapsed and as per town counsel it was approved.  He feels we can acknowledge that a letter was received and the twenty day appeal period past and therefore it was extended.  Mr. McCarville wants to include town counsel in the letter.  Mr. Gelerman stated that by operation of law, an extension has occurred.

Mr. McCarville stated as per town counsel’s recommendation he is making a motion to acknowledge the constructive approval to grant an extension of time only although the Zoning Board had not voted in the affirmative in this matter. Motion seconded by Mr. Ruskin and voted 4-0-0

SHARON ZONING BOARD OF APPEALS MINUTES OF OCTOBER 14, 2009   (2)

Mr. Lee and Mr. Wernick returned at 8:15 P.M.

Omnipoint, 2 N. Main Street, Case No. 1628 – Discussion:  Mr. Gelerman recommended that the board go into executive session to discussion possible litigation.  Mr. Wernick moved to go into executive session.  Motion seconded by Mr. McCarville and voted 6-0-0.  Mr. Lee asked for a roll call vote:  Mr. McCarville, yes; Mr. Okstein, yes; Mr. Wernick, yes; Mr. Newman, yes; Mr. Ruskin, yes; Mr. Lee, yes.  The board went into executive session at 8:16 p.m. and will return to regular session.

The board came out of executive session at 8:57 P.M.

Cushman, 104 Glendale Road, Case No. 1637 Continued Hearing:  Mr. Lee continued this hearing to December 9, 2009 as requested by the applicant’s engineer, Richard Merrikin.

Sharon Commons/Residences re:  Discussion:  Mr. Lee stated that there is an outstanding invoice in the amount of $47,000 that needs to be paid.  Also, Ms. Patane has not been given the fence she was assured of receiving.  Mr. Lee read a letter that he has written to Joe Kent that stated the applicant had 60 days to put up a fence after cutting down the trees and this has not been done.  Mr. McCarville asked if we can do a revocation of the permit.  Mr. Okstein asked if anyone considered calling the Congress Group.  Mr. Lee stated this is the Residences.  Mr. Okstein stated he knows that and feels it would be huge to them if we delay or stop the residences.  He is not sure the right hand is talking to the left hand.  Mr. McCarville stated that the Congress Group owns the land and the road.  Mr. Wernick agrees with Mr. Okstein.  Mr. Okstein asked if it would negatively impact the Congress Group project.  He feels Richard Rudman carees about this and he may not know they are not living up to their obligations. 

Mr. Lee stated that the $47,000 invoices are all on the 40R.  Mr. Wernick asked if we received all the money for town and Mr. McCarville stated no.  Mr. Lee stated that is not a ZBA issue.  Mr. Okstein stated that the Congress Group is tied to this project.

Mr. Lee stated the official name is “The Residences at Sharon Commons South Residential Site”.   He would like the letter to Joe Kent to reflect that name.  He also would like a copy given to the town clerk and Bob Shelmerdine.

Louise Patane, 665 S. Main Street:  she thought that Joe Kent was going to write a letter to the Old Post Road Corporation.  Mr. Lee stated we will notify Joe Kent that he is not to issue any building permits for this project. Mr. McCarville stated that they cleared the land but cannot do anything with the land now.  Ms. Patane thought it was pointed out that he doesn’t intend to build or sell anything.  If so, that letter will have no effect.  She thought this was going to happen within a week of the last ZBA meeting. Mr. Lee stated that is not correct.  He discussed it with Joe Kent and we now directing Joe Kent not to issue any permits.  Ms. Patane asked what information were  you lacking.  Mr. Lee stated we need the full information as to what was going on.  Mr. Ruskin stated if he can’t build something, you don’t need the fence.  Ms. Patane stated no.  The trees are down and he had 60 days to put a fence up.  Mr. Ruskin  asked what is  her problem and that is her problem.  Mr. Ruskin apologized for his choice of words.

Mr. Lee read from the minutes of September 9, 2009 and stated we are now finalizing the letter to Joe Kent.

SHARON ZONING BOARD OF APPEALS MINUTES OF OCTOBER 14, 2009   (3)

Mr. Lee moved to send a letter to Joe Kent directing him not to issue any building permits until the applicant complies with the Certificate of Approval issued by the Zoning Board and on file in the Town Clerk’s office.  Motion seconded by Mr. Okstein and voted 6-0-0.  It was agreed to copy the town clerk, Bob Shelmerdine and to let Ms. Patane know when that letter has been filed.

Sharon Housing:  no one was present.

Minutes:  Mr. Wernick moved to accept the minutes of September 9, 2009.  Motion seconded by Mr. Lee and voted 6-0-0.

It was moved, seconded and voted to adjourn.  The meeting adjourned at 10:35 p.m.

                                                                                Respectfully submitted,