SHARON ZONING BOARD OF APPEALS MINUTES OF OCTOBER 27, 2010

A regular meeting of the Town of Sharon Zoning Board of Appeals was held on Wednesday, September 27, 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, Larry Okstein, and Walter Newman.

8:03 p.m.    AT&T Wireless, 68 Mohawk Street, Case No. 1656 Continued Hearing:  Mr. Lee continued this hearing without testimony until December 8, 2010 as per request of the applicant.

8:04 p.m.    Sharon Commons, Case No. 1653 Continued Hearing:  Present on behalf of the applicant were Atty. Shelmerdine, Atty. Richard Rudman, Katie Bergner, Dean Stratoli, Developer, Ken Caputo and Kelly Killen; Peter Hapley, BJ’s representative, Tom Corrino, Target representative and Brian Anderson.

Mr. Shelmerdine stated that the last time they were before the board was September 22, 2010 and since then they have had meetings with the Design Review Committee.  They generated a report and minutes of the September 30 and October 12, 2010 meetings.  They also submitted an addition plan entitled OS-1 and OS-2, which is in the endorsement format and is representative of the presentation plans.  He stated their first meeting with the Zoning Board was on April 28, 2010 with several meetings after that.  There is very little difference in the plans that they submitted then and those they submitted tonight.  Mr. Lee stated the latest revision date if October 25, 2010.  Mr. Shelmerdine agreed.

Ken Caputo, Coler & Colantonio stated the new plans have been done at a better scale.  The last major revision was September 22, 2010 when they added the open space.   Mr. Lee stated we want to know exactly what plan we are dealing with and we want to ensure that people have the time to review it.  Mr. Shelmerdine stated they have made changes since April because of suggestions of the DRC and the ZBA.  The board has reviewed some correspondence including the draft decision and a draft decision for the special permit for BJ’s.  The initial application was for an amendment to the original site plan. 

Dean Stratuli, President of the Congress Group, refreshed the board as to what was discussed at the last meeting and the fact that the new design is reflective of the DRC’s comments.  Regarding Target, there is no mezzanine.   They have created green space along the back and where you come into the area.   They broke the parking lots up further and increased the amount of plantings.  The area is significantly less with less impervious cover.   He discussed how the “village” will work and they believe this is New  England architecture.  He like the way it looks and works.  He also explained various changes and pedestrian connections.  Mr. Newman stated that in the earlier discussions this was compared to Derby Street in Hingham.  There are certain aspects of that development that give it a sense of festiveness.  There is a wide use of multicolored awnings and he sees that in the pictures that Mr. Stratuli is showing the board.  This has also been incorporated into the BJ and Target designs.  Mr. Stratuli agreed and stated it was done through a series of moves.  Is it as multiplied as the smaller stores, no but it is in keeping with Kohls at Derby Street.

Mr. Newman asked if the DRC establishes any guidelines for the whole development.  Mr. Lee stated they are working on the bylaw.  Mr. Newman stated that is a legal issue rather than an architectural issue.

Ed Hershfield, 33 Gavin Pond Road and Chair of the DRC:   they have only seen the vertical design for BJ’s and Target.  The applicant will be coming back to them for vertical design on the smaller buildings. They have not commented on the specifics of the design of the other buildings, but have commented on the layout.  It is anticipated that what was presented will be similar to what they will be doing.

Mr. Newman stated he is concerned with what the town wants here.  He feels the DRCC should propose to the developer some guidelines so the developer has the feel of what is wanted.  Mr. Lee stated that is what is happening.  Mr. Hershfield stated there is nothing but the bylaw to guide them.  Mr. Newman stated he is talking about being proactive not reactive.   Mr. Hershfield stated they don’t have that power.  Mr.Newman stated he doesn’t think this should be done piecemeal.  He questioned the signage. We saw it at the beginning of this process, but have seen or heard nothing since.  Mr. Okstein stated we shouldn’t develop this or design this for them.  Mr. Newman stated he doesn’t mean that we should.  For example, he feels every store should have an awning.  It could be different colors, but that would make for a festive approach.  Mr. Lee agrees with Mr. Okstein.  They should design it and let the DRC give comments.  Mr. McCarville stated we did look at the fencing and then gave some collective idea.  He feels there should be uniformity.

Paul Olivera, DRC stated they have some spirited dialog.  He would like to see a coherent design and has pushed for that.  He feels they have done a good job in working with the DRC.  Mr. McCarville thinks these concerns are being addressed.  Mr. Lee asked Mr. Newman if BJ’s looks like a New England design to him.  Mr. Newman stated he is not sure.  Mr. Lee stated that Mr. Newman wants consistency throughout the design.  The DRC is in support of this.  Does it meet their guidelines for a New England style mall?  Mr. Hershfield feels his memo speaks for itself.  They looked at this as a whole and doesn’t feel they can pull out one aspect.  There were four rollup doors that they recommended by changed or removed.  However, overall, they were satisfied with what they saw.

Ken C aputo stated they are asking for approval of Phase I Site Layout Design and Special Permit.  Mr. Newman stated the question is what will the buildings themselves  look like.  Mr. Caputo stated you will see that when Dean Statuli gives his presentation.

Mr. Stratuli stated the site plan is critical.   They want to ensure this meets the board’s expectations.  Mr. Lee agrees this is headed in the right direction.  Mr. Stratuli stated they want to make this project as architecturally significant as possible because of the market.   They need to create a center that attracts the people for financial reasons.  If he can’t get the people here, it will be a failure.  They need to maintain a very high level of architecture.  What makes Legacy Place and Hingham work so well is the number of restaurants.  They need to create a great product for a great town.  He continued discussing the placement of the buildings as shown on the site plan.  He stated that the pavers, lights, and description of the area all add to this.  Mr. Lee questioned the difference between the plans in front of him and the pictures that Mr. Stratuli is referencing.  Mr. Caputo stated it is the design method and design details that are different.

Mr.  Hershfield stated the DRC raised the comment that the ZBA require an amenities plan to detail all these areas and develop a schedule for a build out of these same area.  Atty. Rudman stated they don’t object to that.

Mr. Stratuli discussed the proposed parking and gazebo.  Mr. Caputo stated it will overlook the pond.  Mr. Stratuli stated that regarding BJ’s, after a lot of encouragement from the DRC and after a lot of analysis between BJ’s themselves, the Tire Center is gone.  This is where they take exception to a DRC comment.  They didn’t like the roll up door and we do.  They feel it is a useful aspect of the design and it has been eliminated.  The entire center of Faneuil Hall has rollup doors.  They even have them on Newbury Street.  The feel the concept is right and is about executing the right design.  Mr. Newman stated there is basically no glass on the front of BJ’s.  Mr. Stratuli stated there is when you roll up the doors.  Mr. Newman questioned the function of the roll up doors.

Peter Hapley, BJ’s Representative, described where the doors are.  He stated they store carts in that space which makes those doors important.  It is also for light to penetrate into the building.  Mr. Hershfield stated the Quincy store doesn’t have roll up doors and he thinks because of that the Quincy store looks better.  They feel this location doesn’t need roll up doors.  Mr. Hapley stated Quincy does have roll up doors just like the ones proposed for Sharon.  Most of the stores do have them.  Mr. Hershfield asked if Quincy has four doors. Mr. Hepley stated they have three.

Mr. Stratuli discussed the building and feels it is unique.  Mr. Lee asked where the loading docks are and Mr. Caputo stated on the side facing Route 95.  Mr. Lee asked if there are three docks and Mr. Caputo stated yes.  Mr. Stratuli stated the other DRC comment they would like to take exception to is the traffic.  Ken Caputo stated their comments are documented into the design.

In discussing Conditions 108 and 109 in the draft decision, Mr. Caputo stated that #109 references 34 parking spaces which are very close to the front door of BJ’s.  They did take public safety into consideration when placing the spaces on the plan.   They also added a crosswalk and are proposing that they be designed in a raised configuration.  It would be like walking across a bridge.   The purpose is to slow down cars.  It is a pedestrian zone first and a vehicular zone second.  The three crosswalks make it very convenient for people to cut through.  They don’t see an issue with public safety in this area any more so than any other aisle on site.  They feel there are a lot of advantages to the raised crosswalks.  Safety, convenience and serviceability are the points they would like to make. There will be three curb cuts into the facility.  Old Post Road in this section becomes an extension of the site.  There is no sight issue along this whole area.

Mr. McCarville asked if trailer trucks can access through this and Mr. Caputo said some can.

Mr. Caputo stated the DRC reviewed the monument sign which is a ground level pylon sign.  They felt it makes this area look like the main entrance of BJ’s; therefore, they will remove it so it looks more like a service entrance not a front door or main entrance.  Mr. McCarville asked if they will be relocating the sign and Mr. Caputo stated no, it will be removed off the plan entirely.  Mr. Hershfield stated they didn’t talk about the monument sign at all.  That is not their issue.  They like the notion of forcing all the traffic into the middle of the development.  They want people to go to the stores in the middle and also BJ’s and Target.  That is important to the DRC, but a one-way exit did satisfy their concern.  Mr. Lee stated the board agrees with the DRC.  This site needs to be very pedestrian friendly and one way traffic is just that.  It should also be made as safe as possible.

Mr. Houston stated he included verbatim the comments of the DRC in the decision.  Regarding the traffic, there will be a fair amount of traffic.  There is an alternate truck route that is designated on the plan.  There is a desirability to have as many exits and entrances as possible.  Mr. McCarville asked the DRC if they are more satisfied with this being a segregated truck route.  Also, why can’t they put in the barriers?  Paul Olivera, DRC, stated their concern is pedestrians and drivers going both ways.  He feels this is an accident waiting to happen.  Mr. Hershfield stated he doesn’t have a problem with people leaving this way.  This was in the original plan and two way traffic was a problem.

Mr. Shelmerdine stated allowing that entry point as an egress out is important.  Putting a barrier up doesn’t allow for the third entrance/exit.  Mr. Caputo stated when you put all these good elements together, that is a plus.  A third exit removes some of the congestion from the other two locations.  The problem with just an egress is that it is controlled with only a sign.  There are only three points they can drive across at 5-10 m.p.h.  They are creasing this as a pedestrian place first and they feel what is being presented is making this as safe as they can make it.

Paul Olivera, DRC, stated deliveries should be during non-operational hours.   They could make the median strip solid.  Mr. Lee stated that is in the draft decision.  Mr. Stratuli they they are running out of time and is urging the board to continue to move quickly. He is asking the board to vote a decision. Mr. Lee stated the  ZBA has been moving quickly and they have pushed Tom Houston to do a draft decision.  He stated that they mentioned no Target mezzanine and asked if there is something else there but called by a different name.  Mr. Strauli stated there will be no second level.  Mr. Lee stated one level at 135 s.f.

Katie Rivard, Target Manager, stated Target will only be one level.  Mr. Lee stated things have changed.  You show brick walkways.  Is that what is being planned now?  Mr. Stratuli stated he thinks it is stamped precast concrete pavers.  Mr. Lee asked if we should be talking about the materials for the walkways now.  Mr. Houston stated no.  It is a matter of public record what the design and intent was.  Mr. Lee stated things change.  He thanked them for removing the Tire Center.

Mr. McSweeney asked if the board will be voting on the Notice of Decision dated November 7, 2009 or did they rewrite it.  Mr. Lee stated Phase I has not changed.  Mr. Houston stated Old Post Road has not changed and is a separate process.  Phase I is the site master plan and being submitted for a significant amendment.  Also, the floor area of BJ’s is changing.   Mr. Lee stated we have approved buildings in a certain configuration and that is now changing.  The building will be all on one site.  Mr. McSweeney asked if anything else have been removed.  He is questioning what was promised to the neighbors.  Mr. Houston stated there will be a new Phase II design.  Mr. Lee asked that change be included in the new decision.

Beth Greene, Huckleberry Lane asked if they will be selling wine.  Bill Hitein stated they not approached the Board of Selectmen yet.

A resident stated he would like to comment that the amount of retail development has decreased in the past couple of years and the fact that BJ’s and Target want to be in Sharon speaks highly.

Mr. Houser, 58 Ames Street stated he applauds the work done by Tom Houston , the ZBA and the DRC for their level of detail and attention to the plan.  He encourages the group to work out the final details so this can go forward.  He thinks this will be an asset to the town and will make a significant contribution to the town.

The Board discussed Mr. McSweeney’s eighteen questions and Atty. Richard Rudman responded to these questions.

1) Sharon CF II LP is a limited partnership controlled by Dean Stratuli;

2) Old Post Development Trust was an entity set up by Michael Intoccia.  He assembled a lot of the land that the shopping center was located plus the land to be donated to the town.  He is not an owner in CF II, but is the owner of the residential land.  He is not involved in the shopping center any more;

3) All of the shopping center site and all of the land that has been donated to the town belongs to CF II.  Michael Intoccia owns the residential land on the other side of Old Post Road.  CF II land consists of 59.99 acres, not including the cranberry bogs and also a site on the other side of Old Post Road is conservation land.  The house at the end of Laurel Road consisting of  20,000 s.f. was purchased for the cul-de-sac.

4) Assuming the board does approve the decision before them or something like it, the original major site plan decision will be amended.  The first decision has 107 conditions and there about 18 conditions being added at the recommendation of the Design Review Committee

Mr. McSweeney asked for a copy of the new decision.  Mr. Houston stated he will get it to him.  Mr. Rudman had a copy which he handed to him.  Mr. Lee asked if the water connections are changing and Mr. Houston stated no.  He stated that water to the site is Phase 2 item.

5) There are no changes to commitments.

6) Sharon CF II has invested a lot of money which came from Dean Stratuli and his investors.  Most of that money will not be coming back because of the changes made in the last few years.  Mr. McSweeney asked if the town will profit from this and Mr. Rudman stated yes because of the taxes generated by the mall.

7) Mr. Rudman stated yes.

8) Mr. Rudman stated he doesn’t know what usual or unusual is.

9) This is still the plan with respect to the bridge.  The plans for Old Post Road have not changed at all.  Final paving will not happen until the shopping center is completed.

10) The new developer is the same as the old developer.   They have tried to protect people from dirt and dust.  He asked that the neighbors let Rich Kershaw or Tom Houston know of any problems.  Mr. Lee stated the site has started to revegetate and asked if there have been any problems.  Mr. Intoccia stated he has a water truck on site three times a day.  It will now be there all the time.

11) This is not moving closer to the ___________

12) There is a berm and landscaping which is still part of the plan.  It will be heavily landscaped.  Mr. McSweeney stated he would like a chain link fence.  Mr. Rudman stated they have no plans to do that.

13) The parking area has been pushed back and retaining walls have been eliminated, but the height of the buildings has not changed.

14) Doesn’t know what number or type of equipment will be used to move the earth.  There are state noise levels that must be adhered to.

15) As soon as they can complete the process, they will bond Phases 2 and 3.  They are planning starting construction in the spring and open in the summer of 2012.  Regarding penalties, there are serious consequences with the tenants and bank financing if things are not done on time.  Mr. Lee stated these are not issues that the Zoning Board has imposed.  Mr. Rudman stated there is no construction at this time.  Mr. McSweeney questioned morning deliveries scheduled between 4:00 a.m. and 4:30 a.m.  He asked if anything is written.  Mr. Rudman stated no.  Mr. Houston stated it is common to have restrictions on delivery hours and emptying of dumpsters and this has to be looked at carefully; however, it may be a necessity to deliver to the smaller retail stores when they are not open.  This hasn’t been addressed yet.  Construction hours will be 7:00 a.m. to 7:00 p.m., with no work on Sundays and legal holidays.  Mr. Lee stated they are expected to address this again later.

16)

17) There is a large amount of small stores.  The DRC has asked them to make a commitment about when the small stores will be built.  Mr. Rudman stated that by the time Target and BJ’s are open, all the stores along the front of the village street will be completed with the exterior and structures done.

18) They don’t think that any flooding near Mr. McSweeney’s has anything to do with Sharon Commons.  The drainage doesn’t go toward Old Post Road.  There was an issue here last year and the year before.  Mr. McSweeney stated the mall parking lot will be pitched toward Route 95 and Mr. Caputo agreed.  Mr. Lee stated the drainage will be underneath the parking lot in large galleys.  He asked if it will affect the neighbors’ properties.  The water has to go somewhere and we can’t be sure where it is going from this site.  Mr. Caputo stated they did some monitoring throughout the site and a hydrologist did a report that was accepted by the Board of Health.  Mr. Lee stated it is possible to have groundwater run-off going into the pond.  Mr. McSweeney questioned the snow.  Mr. Caputo showed him where it will be stored according to the plan. 

Mr. McSweeney stated he was happy with Mr. Rudman’s presentation. 

Mr. Shelmerdine stated he would like to discuss the pending draft decision.  Conditions #1-107 are from the previous decision and Conditions #108-125 are new. Mr. Lee asked why Paragraph H was deleted.  Mr. Houston stated because it references the former concept of the village stores.  Mr. Lee asked if Mass Highway has all the information they need and Mr. Caputo stated they are working on that.

Mr. Shelmerdine stated that the issues that were discussed tonight are dealt with in Conditions #108-125.  Mr. Rudman stated there will be a separate condition for the special permit.

Mr. Lee questioned palletized loading.  Mr. Houston stated BJ’s does that.  Mr. Lee wants to make sure we are clear with what is being approved.  He stated that Condition 65 from 2007 is being deleted because it is superseded.

The board is okay with the roll up doors. Regarding access, Mr. Okstein thinks it should be an exit only.  Mr. Wernick stated then there is a second issue of the fire access.  If we close the median off, they can’t do it.  Mr. Houston stated his suggestion is if the board wants to make this one way outbound, they might want to leave the back area open.  Peter Hapley, BJ’s representative, stated that people tend to gravitate toward signs.  The majority of the people will use this because that is the entrance to the store.  They do not want these people in that part of the site because of the truck traffic, etc.   Mr. Okstein asked what is wrong with “exit only” signage.  Mr. Hapley stated they really want their trucks to come and out there.  Mr. Shelmerdine stated they will have to keep the median open then.  Mr. Hapley suggested “delivery access only” signs.  Deliveries from the manufacturers come during the day. Deliveries from the distribution center in Uxbridge can come in at night.  Mr. Lee agrees with full access with signage that states “deliveries only”.  Mr. Hapley stated if the police have a problem after they are open, they will address it.  Mr. Hershfield stated the store was 60,000 s.f. when it first given to them.  Not all this was information was given to the DRC.  Mr. Shelmerdine stated that based on the proposal they have now made, they may need comments from a traffic safety point.  Mr. Houston stated there may be design issues.  It is not the high quality entrance like the other ones.  Exit only is probably not enforceable, but he doesn’t think it is unsafe.  Mr. Okstein agrees with Mr. Hershfield.  People are going to try and beat the traffic.  There should be “exit only” signage.  Mr. Shelmerdine stated there is an issue with a dividing line and forcing the trucks to come through a customer entrance.  Mr. Caputo stated there is a lot of speculation about what people will do.  He stated there is no reason to avoid this exit or entrance.  Mr. Wernick stated he is worried about trailer trucks going to the main entrance.  Mr. Caputo stated there is no reason to avoid this.  It works fine.  Mr. Houston stated if the board does decide to let it be two ways, there should be no left hand turn onto Old Post Road.

Mr. Hershfield stated he is not completely happy with what is being proposed.  Mr. Lee stated he likes the suggestion made by Mr. McCarville of an island in the middle with signage and a flashing yellow light.  Mr. Houston stated we have to work this out.  Mr. Hapley stated that the employees will have to go across the loading dock.  Mr. Caputo stated that allowing deliveries and employees only should eliminate any problems.

Mr. Lee stated he would like Plans OS1 and 2 updated to show the changes to the draft decision.  He stated there will be a special meeting next week, November 3, 2010 to vote the plan.  Mr. Houston stated he can’t be at that meeting.  Mr. Shelmerdine stated the board will only be approving the OS-2 plan.

Mr. Lee continued this hearing to November 3, 2010 at 7:30 p.m.

It was moved, seconded and voted to adjourn.  The meeting adjourned at 11:00 p.m.

                                                                Respectfully submitted,

Approved 5/11/11