SHARON ZONING BOARD OF APPEALS MINUTES OF MARCH 9, 2011

 

A regular meeting of The Sharon Zoning Board of Appeals was held on Wednesday, March 9, 2011 at 8:00 p.m. in the lower level of the Sharon Office Building.  The following members were present:  Kevin McCarville, Lee Wernick, Larry Okstein, Seth Ruskin.

 

Mr. McCarville, acting Chairman and Secretary, stated we are looking forward to a safe return for John Lee.

 

8:03 p.m.         AT&T, 68 Mohawk Street, Case No. 1656 Continued Hearing:  The applicant was represented byAtty. Ed Pare, Brown Rudnick, who stated things are progressing; there is a site visit scheduled for tomorrow and bids are due on March 28th.  An RFP has been sent out for a four-carrier pole.  They would like to continue this hearing until May 11, 2011.

 

Mr. McCarville continued the hearing to May 11, 2011 as requested due to a request from the applicant to allow them to seek alternative sites.

 

8:08 p.m.         Mr. Wernick made a motion to go into executive session for the purpose of discussing pending litigation.  Motion seconded by Mr. Ruskin and voted 4-0-0.  Mr. McCarville asked for a roll call vote to enter into executive session:  Mr. Wernick, yes; Mr.Okstein, yes; Mr. Ruskin, yes; Mr. McCarville.  The board entered into executive session at 8:09 p.m. and will be returning to regular session.

 

Town Counsel, Cindy Amara and Conservation Agent, Greg Meister, were present to discuss the Nelson Hanover case.

 

Mr. Wernick moved to come out of executive session.  Motion seconded by Mr. Ruskin and voted 4-0-0.  Mr. McCarville asked for a roll call vote:  Mr. Wernick, yes; Mr. Okstein, yes; Mr. Ruskin, yes; Mr. McCarville, yes.   The board came out of executive session and back into regular session at 8:24 p.m.

 

8:24 p.m.          Mr. Wernick moved to authorize town counsel to move forward with a settlement for the Nelson Hanover case.  Motion seconded by Mr. Ruskin and voted

 4-0-0.

 

8:30 p.m.         Sharon Residences Site Plan Endorsement:  Mr. McCarville stated that in the future, the Zoning Board would like documentation in advance of 24 hours.  He feels anything less puts the board at a disadvantage as we won’t have time to review anything, which is not in the best interest of the town.  Also, the town engineer, Peter O’Cain would like the applicant to print out any and all of the materials submitted by the applicant as it costs the town too much money for the individual departments to print these things.  Mr. O’Cain stated that includes several copies of future plans.  Mr. Houston stated they had received the plans originally and issued a report on March 4, 2011, which included fourteen items they requested to be revised, corrected or updated on the original plans.  They received the revised plans dated March 8, 2011 and in his judgment, those drawings to satisfy the concerns raised on March 4th.  They issued a follow up memo this afternoon.  There were also two additional items that were addressed in the final memo.

 

The sewer collection system is complicated.  The force main pumps northerly to a septic system which will serve the first 14 residence in the project.  For residences 15-29, there will be a wastewater treatment plant built further along Old Post Road.  There were concerns about maintenance problems because of pumping downward and blockages.  He feels there should be a follow up set of calculations.

 

Mr. Wernick asked if the first 14 units will be connected to this and Mr. Houston stated yes.  There will be individual pumps in each unit.  However, it will change direction between Phase 1-A and 1-B.  Mr. McCarville asked if this needs to be addressed and Mr. Houston stated we need to be satisfied there will be no maintenance problems when the cut-off occurs.  Mr. Shelmerdine stated that will not be prior to endorsement, but maybe a year down the line. 

 

Mr. Houston stated the other issue is that Mr. Shelmerdine had some conversations with the fire chief.  He would like to see the same break away chain barrier which will address access issues.  Condition 18 talked about certain conditions for a fence.  Mr. Shelmerdine stated that appears on the mylar.

 

Mr. Wernick asked Mr. Houston if he is satisfied and Mr. Houston stated yes. Peter O’Cain, Town Engineer, stated they discussed back up power for the pumps in case of a failure.  He asked if anything was done.  Mr. Houston stated they addressed that, but would like further review when installed.  There is no provision at this time and there may have to be something done.  Mr. Wernick asked if he is satisfied with the current fourteen units and Mr. Houston stated yes.  Mr. O’Cain asked without a back up and Mr. Houston stated yes.  Mr. O’Cain asked how long they will be in the first phase before switching over.  Michael Intoccia stated 12-14 months.  It is two separate systems.    Mr. McCarville stated that piping will be run down Old Post Road, which will address the apartments.

 

Mr. McCarville asked regarding Phase 1-A, if the plan was to use the curb cut with opaque fencing.  Mr. Intoccia stated they have to build a temporary driveway which can be used for temporary access.  Mr. McCarville asked Mr. O’Cain how he feels about the plan.  Mr. O’Cain stated he has asked the applicant to wait until the next meeting before the board signs the plan. He will get a copy of the plans to the fire chief and will try to get any comments back to Bob Shelmerdine and Tom Houston in a week.

 

Mr. McCarville put this on the board’s March 23, 2011 agenda.

 

It was moved, seconded and voted to adjourn.   The meeting adjourned at 8:45 p.m.

                                    Respectfully submitted,

 

Accepted 5/11/11