SHARON ZONING BOARD OF APPEALS MINUTES OF NOVEMBER 17, 2010
A special meeting of Sharon Zoning Board of Appeals was held on Wednesday, November 17, 2010 at 7:30 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, Seth Ruskin.
7:30 p.m. Sharon Commons, Case No. 1653 Continued Hearing: The applicant was represented by Atty. Robert Shelmerdine. Ken Caputo, Coler & Colantonio presented the newest plan they have been working on to the Board. He stated the focal point of tonight’s discussion is the design of the access and egress at the secondary end of the site. He stated that Plan OS-1 shows the secondary part of the site and the median that was reduced and raised up. There is an “employee only” driveway and there will be signage stating that. There is also a rumble strip.
Mr. Caputo stated there will also be “right turn only” signs when exiting the driveway. It is also a one-way design now. A fire truck could not use this drive, but an ambulance and/or police car could. They are also proposing raised crosswalks which will be harder to drive over at a fast speed.
Mr. McCarville asked who BJ’s anticipates to be the primary users of the 32 proposed parking spaces. Mr. Shelmerdine stated the employees will park in back and will be used infrequently.
Mr. Wernick feels the latest changes are all good; however, he went to talk to the police chief to see what was presented. He was surprised that he never knew about second cut, the one that Mr. McCarville suggested as an alternative. He is disappointed that they didn’t do what they said they would. Mr. Shelmerdine stated he did not present that to the police chief. Mr. Lee stated that in the future, we want to have full disclosure. Mr. Shelmerdine agreed. He stated they will take any suggestions from the Zoning Board and present them to the other town boards. He was surprised that the Zoning Board was so resolved to have that second opening.
Mr. Lee stated that on October 22, the Zoning Board held a meeting and the exit/egress was discussed. On November 3, we received an email that showed it different and therefore were not comfortable to approve anything and the meeting was continued to tonight.
Mr. Lee asked for public comments.
Ray Samuels, 70 S. Walpole Street asked them to discuss the traffic as it relates to the future parking. Mr. Caputo stated they don’t want offset intersections. Mr. Samuels asked if there is a light and Mr. Caputo stated no. Mr. Samuels stated the housing has not been discussed and he doesn’t think what has been presented is realistic. Mr. Wernick stated we have not approved this yet. Mr. Shelmerdine stated there has been no filing on the development portion yet.
Ed McSweeney, 68 S. Walpole Street asked if the curb cut is part of the master plan of approval. They were separate and now they are being put back together. He is not thrilled with this. Mr. Lee stated it is normal to show the curb cut. Mr. Caputo stated the site plan approval is for the private property that abuts Old Post Road. Old Post Road is shown as a point of reference only. Mr. McSweeney asked if there is a curb cut on the right side of Old Post Road and Mr. Lee stated yes. Atty. Richard Rudman stated there will be a curb cut if that is what the Board of Selectmen approve as part of the Old Post Road plans. Mr. McCarville stated we are not acting on that tonight. Bill Heitman stated the Selectmen will vote on this as Road Commissioners. Approval of this document has nothing to do with the curb cut on the right side of Old Post Road.
SHARON ZONING BOARD OF APPEALS MINUTES OF NOVEMBER 17, 2010 (2)
Mr. Lee stated the Zoning Board would like to see where it is going to connect in. He would be concerned if it wasn’t there.
Mr. Samuels stated he doesn’t feel it is appropriate to discuss the roadway without discussing what is really going to happen there. It seems like Michael Intoccia can do whatever he chooses on this lot. Mr. Heitman stated no he can’t. Mr. Lee stated we need to focus on the site layout.
Paul Olivero, Design Review Committee, stated with regard to the trucks making a left hand turn, is it too tight? What about the egress out? Tom Houston stated the turning radius into the mall is adequate. He doesn’t think there will be a problem. Mr. Lee stated we wanted this meeting tonight to give the public and the Design Review Committee the opportunity to comment on this. It has been reviewed by Tom Houston. Mr. Houston stated this is adequate and safe, but feels they should further restrict the vehicles from turning right into the auxiliary parking lot. They are proposing to narrow the opening of that auxiliary area to about 16’. The driveway would be one way southbound. They need to make sure that no one can take a right turn.
Mr. Lee stated the plan is dated today, November 17th. He asked if these comments and/or suggestions are on the plan. Mr. Caputo stated all Mr. Houston’s comments are on the plan.
Beth Green, 11 Huckleberry Lane asked what kind of signage will be on the road to BJ’s. Mr. Caputo stated there will be signs proposed that will indicate deliveries and employees only. It will be a restricted way and not for the use of customers.
There were no further public comments.
Mr. Lee asked if the board is comfortable with this plan. The consensus was yes. Mr. Okstein feels it is a lot better than the other one. Mr. Lee stated we have two things before us: Case No. 1653-A site layout and Case No. 1653-B, a special permit.
Mr. Shelmerdine asked to close the public hearing. Mr. Wernick moved to close the public hearing. Motion seconded by Mr. McCarville and voted 3-0-0 (Lee, McCarville, Wernick).
Mr. Wernick moved to approve Case No. 1653A and 1653B as presented in the draft decision and as shown on the plans dated November 17, 2010. Motion seconded by Mr. McCarville and voted 3-0-0 (Lee, McCarville, Wernick). The board signed the plan and will hold it until December 8 which is after the expiration of the 20 day appeal period. Mr. Houston will file the board’s decision with the town clerk.
Mr. McCarville left the meeting at 8:20 p.m.
8:21 p.m. Holly Lite, Case No. 1660, 660 S. Main Street Continued Hearing: Mr. Lite stated they made some changes since the last meeting. He showed the inside of the structure on the plan and moved the stairs. Mr. Lee asked if the footprint is the same and Mr. Lite stated yes. It will be 28x28 as shown on the plot plan. Mr. Lee stated the board’s concern was that it looked like an apartment. He asked if there will be two large garage doors and Mr. Lite stated yes. Mr. Wernick questioned the placement of the door to the rear of the building and Mr. Lite stated it is on the left side. Mr. Lee stated he would like the plans dated. He stated our decision will state “we will approve a 28x28 garage as shown on the plot plan with an elevation no greater than 25’ as depicted on the plans dated November 17, 2010.”
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Mr. Lee asked for further board and/or public comments or questions. There were none. Mr. Lee informed Mr. Lite if he uses plans that are different from what is in front of the board tonight, he will have to ask the building inspector to determine if the change is a minor or major modification to what is approved tonight. This could make you have to file for another full hearing. He stated they have locked themselves into this plan, even though it is not a very good one.
Mr. Lite agreed and asked to close the hearing. Mr. Lee closed the hearing.
Mr. Wernick moved to approve the application as presented with the board’s standard conditions and four special conditions: 1) The applicant shall install spill pads; 2) The proposed 28’x28’ detached two car garage expansion shall be as shown on the plot plan with an elevation no greater than 25’ as depicted on the plans dated November 17, 2010 3) There shall be no plumbing or living facilities in the proposed building 4) This new proposed expansion will not be used for habitable space now or in the future. Motion seconded by Mr. Okstein and voted 3-0-0 (Lee, Okstein, Wernick).
Mr. Wernick left the meeting at 8:30 p.m.
8:35 P.M. Lisa Flueckiger, 2 West Street, Case No. 1663: Mr. Conroy read the public hearing notice. He read a letter from Jim Andrews dated November 16, 2010 stating the proposed habitable space over the deck will not increase design flow and the septic system in place is in compliance with all state and local regulations. He also read a letter dated November 15, 2010 from Greg Meister stating there are no wetland issues.
No neighbors were present. Ms. Flueckiger stated she would like to add a family room. Mr. Kent told her the deck was originally a room and the people before her took it down and turned it into a deck. She is proposing to put it back to a room. Mr. Lee asked if the roof will continue from the current roof line and Ms. Flueckiger stated yes. Mr. Lee asked the size of the family room and she stated 16x20 at the biggest part. Mr. Lee stated that we normally want to see an updated plot plan that shows the distance to the lot line. However, in the past we have not required one when it is an existing structure on the same footprint even though it will be enclosed. It is not going out any farther. He asked if there will be steps and Ms. Flueckiger stated there presently are steps and there will be a concrete pad.
There were no further questions. Mr. Lee closed the public hearing at the request of the applicant. Mr. Ruskin moved to approve the addition at 2 West Street with the board’s standard conditions as per a plot plan dated September 1, 2010. Motion seconded by Mr. Okstein and voted 3-0-0 (Lee, Ruskin, Okstein).
8:40 P.M. Mary Jo Gilmore, 20 Clark Street, Case No. 1664: Mr. Lee read the public hearing notice. He read a letter from Greg Meister, Conservation Agent dated November 16, 2010 and from Jim Andrews, dated November 16 2010, both having no concerns about this request.
SHARON ZONING BOARD OF APPEALS MINUTES OF NOVEMBER 17, 2010 (4)
Mr. Gilmore stated they are seeking to build a 20x24 detached garage. Ms. Gilmore stated there is an old plot plan and an updated one. Presently, they have a one-car garage. Mr. Lee asked if the shed will be removed and Ms. Gilmore stated yes. Mr. Lee stated the new structure needs to be 10’ from the side yard. He stated they are here because it is less than the required lot size. He asked what will be above the garage and Mr. Gilmore stated seasonal furniture and storage. Mr. Ruskin asked if there is going to be an upstairs and Mr. Gilmore stated there will be a loft and storage area. Mr. Ruskin asked if it will run the entire size of the garage and Mr. Gilmore stated yes, but there will be no plumbing in it. Mr. Lee asked if there will be windows and Mr. Gilmore stated no. Mr. Lee stated this property is in the Heights and just about every house has a garage. There were some abutters present. They were not opposed to this, but only wanted to see what was being done. They stated they are okay with what is being proposed.
There were no further questions. Mr. Lee closed the hearing as per request of the Gilmores. Mr. Okstein moved to approve this application with the board’s standard conditions and one special condition: The applicant will remove the existing structure as shown on the plan dated October 4, 2010 and the plot plan dated September 22, 2010 and build a new 20’x24’ detached two-car garage. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, Ruskin, Okstein).
It was moved, seconded and voted to adjourn. The meeting adjourned at 8:49 p.m.
Respectfully submitted,
Approved 5/11/11