SHARON ZONING BOARD OF APPEALS MINUTES OF MARCH 10, 2010
A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, March 10, 2010 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; Lee Wernick, Seth Ruskin, Larry Okstein (8:05 p.m.).
Mr. Lee opened the meeting at 8:00 p.m.
8:03 P.M. Steven and Marie Cushman, 104 Glendale Road, Case No. 1637, Continued Hearing: Mr. Lee read a letter dated January 15, 2010 from the applicant’s attorney requesting that this petition be withdrawn without prejudice. Mr. Wernick moved to allow the applicant to withdraw without prejudice. Motion seconded by Mr. Ruskin and voted 4-0-0.
8:05 P.M. T-Mobile, 36 Pine Street, Case No. 1641 Continued Hearing: Mr. Lee stated that the information the board had previously requested was received. There were no questions or comments from the public. Mr. Lee closed the public hearing. Mr. Wernick moved to grant T-Mobile, Case No. 1641, a Special Permit and Dimensional Variance as requested for property located at 36 Pine Street, Sharon, MA subject to the board’s standard conditions and eleven (11) special conditions. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, McCarville, Okstein).
8:10 P.M. Sprint, 855 General Edwards Highway, Case No. 1644 Continued Hearing: Mr. Lee stated that the information the board had requested was received. There were no comments or questions from the public. Mr. Lee closed the public hearing.
Mr. Wernick moved to grant the applicant a special permit and height variance pursuant to Sections 4600 and 6310 of the Zoning Bylaw subject to the board’s standard conditions and nine (9) special conditions. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, McCarville, Ruskin).
8:15 P.M. William Bisceglia, 57 Walpole Street, Case No. 1648: Mr. Lee read the public hearing notice. Mr. Lee read a memo from Jim Andrews, Health Agent, dated March 9, 2010 and Greg Meister, Conservation Agent, dated March 9, 2010. Mr. Lee stated that typically the applicant has a Board of Health Permit Number when they come before us as we are the final sign off. Because we don’t have that, we may not be able to close the hearing tonight. Mr. Bisceglia stated that Mr. Andrews has the authority to sign off on this. They don’t have to go back before the Board of Health. Mr. Lee stated that is not the normal way we do it. He asked if he has a permit yet and Mr. Bisceglia stated no because the Board of Health wanted them to maintain 20’ from the garage to the new system. Mr. Lee stated that we trust the judgment of the Board of Health, so if they are okay, then we are. He asked if Mr. Bisceglia has shown this to the neigbors yet. Mr. Bisceglia stated yes and they have talked to Joe Kent, Building Inspector.
Mr. Lee asked for comments from the public.
There was one abutter present who wanted to see the plans presented. Mr. Lee stated they have to be 20’ from the residences next to them. He asked if they are meeting all the setbacks. Mr. Bisceglia stated 30’ is required off May Street and they are closer than that; however, they have pushed back 28’ off Walpole Street and only 20’ is required.
Mr. Lee stated that the plan before us is dated February 22, 2010. He stated the structure they are removing is 7’ from the property line. Access will be off May Street. Mr. McCarville stated this will improve the neighborhood. Mr. Wernick agreed.
Jesse Van Vin Ray, 46 Walpole Street: feels this is also an improvement.
Mr. Lee asked if the applicant has a purchase and sale agreement on the property yet and Mr. Bisceglia stated no, he owns it now. Mr. Lee stated that according to the plan, there is only two stories – a first and second floor. Mr. Bisceglia agreed. Mr. McCarville asked what the applicant is missing from Jim Andrews that we would normally have. Mr. Lee responded a septic permit number, but he doesn’t have a design yet. Mr. McCarville asked if we can approve this. Mr. Lee stated they said they would grant him the relief in the back and everything else was fine. Soils were good in the back. We can approve this as we are allowing the tear down of the building and the relief to allow the setback to be 28’, instead of the required 30’. This is an improvement. If they can’t engineer the septic system, they would have to go back to the Board of Health. If they have to move the house, they would have to come back to us. Mr. Lee questioned the open sitting area at the top of the second floor. Mr. Bisceglia stated it is an open foyer that will have open spindles, railings and sloped ceilings. Mr. Lee stated he typically worries about that, but not in this case. Mr. Bisceglia stated he can’t do much in that space because of the sloped ceilings. Mr. Lee stated it is a 3-bedroom house and one of the conditions is that it will remain a 3-bedroom house. Mr. Bisceglia stated there is a deed restriction on it that will be recorded at the Registry of Deeds.
There were no comments from the public. Mr. Bisceglia stated that one of the neighbors had asked if they could have the shed and he told them if they could have it if they wanted to move it. Mr. Lee closed the public hearing.
Mr. Wernick moved to approve the application for 57 Walpole Street subject to the board’s standards conditions and one (1) special condition; i.e., the house is presently a 3-bedroom house and will remain a 3-bedroom. Also, the applicant needs to get the design of the septic system to Jim Andrews. If there is any problem, he must come back to the Zoning Board. The board needs the number issued by Jim Andrews and the applicant cannot move forward without it. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, McCarville, Wernick).
It was moved, seconded and voted to adjourn. The meeting adjourned at 8:55 p.m.
Respectfully submitted,
Accepted: 9/22/10