SHARON BOARD OF APPEALS MINUTES OF APRIL 13, 2011

A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, April 13, 2011 at 7:30 P.M. in the Lower Level of the Town Office Building.  The following members were present:  Kevin McCarville, Acting Chairman/Secretary; Lee Wernick, Larry Okstein, and Seth Ruskin.

Mr. McCarville opened the meeting at 7:35 p.m.  He recognized the board’s chairman, John Lee, serving in Afghanistan, and wished him a safe return.

Mr. McCarville introduced the board’s new associate member, Barry Barth, 28 Turning Mill Road, who was present at tonight’s meeting.  He will be sitting with the board as soon as he is sworn in by the town clerk. 

7:38 p.m.         Ian Gopin, 8 Ames Street, Case No. 1668 Continued Hearing:  Mr. Gopin and his architect, Mark Gluesing were present.  Mr. McCarville read the following correspondence:  a memo dated March 22, 2011 from Greg Meister; a letter dated March 30, 2011 from Susie Peck, Chairman of the Board of Health; a letter dated March 23, 2011 from Jim Andrews, Health Agent and, a letter dated March 21, 2011 from an abutter, Aaron Sax, 12 Ames Street who is in favor of this addition.

Mr. Gluesing submitted revised plans and drawings.  Mr. McCarville stated that the sense of the board at the last meeting was for Mr. Gopin to do some soul searching and come up with some different ideas.  Mr. Gluesing stated they took the board’s comments into account and tried to make their original ideas better. He stated if what he is presenting is acceptable, he will submit revised plans.  Mr. McCarville stated that any approval would be based on the receipt of revised plans.

Mr. Gluesing stated he extended the addition behind the existing house rather than shifting it to the right and they removed the audio visual room.  Regarding the setback issue, it is now very straightforward. There is a deck in that area, which is allowed.  A laundry, master bathroom and sitting room will be added.  Mr. Gopin stated his concern has always been the neighborhood and feels this new proposal fits nicely.  Also, the addition is entirely behind the existing house.  Mr. Wernick feels this proposal is very nicely done. The new plan has met his concerns and doesn’t infringe on the neighborhood.  Mr. Ruskin agreed. 

Mr. Gluesing stated he doesn’t understand the letter received from the Conservation Commission as they are only 50% of what they could be even with the addition.  Mr. Wernick stated that Mr. Meister was giving the board a global comment.

There were no further board comments or questions from the public.

Mr. Gopin asked to close the public hearing. 

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Mr. Wernick moved to approve the Case No. 1668 with the board’s standard conditions and a special condition which states that before any action for a building permit can be issued, final plans and specification that satisfy the Building Inspector must be submitted.  Motion seconded by Mr. Ruskin and voted 3-0-0 (McCarville, Wernick, Ruskin).

8:03 P.M.        Sharon Commons Phase II Site Plan Modification with Open Space

                        Design, Case No. 1609-A; Sharon Commons, Target Phase III,

                        Case No 1669; Sharon Commons, BJ’s Phase III, Case No. 1670.          

Mr. Wernick read the public hearing notices and stated that all three filings will run concurrently.  Mr. McCarville read a letter received from the Board of Health dated April 12, 2011 and a memo from Sharon CF II dated April 12, 2011 authorizing Atty. Shelmerdine to speak on their behalf, which was written at the request of Mr. McCarville’s.

Robert Shelmerdine submitted a tentative agenda outlining the process being presented by the applicant.  He also introduced the various attorneys and representatives that were present. 

Mr. Shelmerdine stated that the first application, Case No. 1609-A is a Phase 2 modification as well as a site plan approval for public amenities; the second application will address Target, Phase III and the third application will address BJ’s, Phase III.  He stated that originally they had gotten a permit from the Zoning Board in December 2007 that established the process to build this mall in three separate phases.   Phase I would be boxes on a plan; Phase 2 would present a 3-D approach with utilities and drainage being attached to the boxes; Phase 3 would be as they start building, they have to come back to the Zoning Board for the architectural look and feel of the building.  They will also address the buildings in the center of the mall under Phase 3.

They received Phase 2 approval in November 2008.  After that, they re-designed the life style center to its current configuration.  In November 2010, they went backwards to fix Phase 1.

The first permit tonight is a modification of the Phase 2 approval.  The second and third applications that are before the board tonight are for Target and BJ’s.  The board will now see real tenants and real buildings.

Mr. Shelmerdine introduced Ken Caputo, Dave Thompson, landscape architect and Kelly Killeen all of Coler & Colantonio who are here to discuss Phase II Site Plan Modification with Open Space Design. 

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Mr. Caputo discussed overall drainage and utility plans, overall lighting plans and details, overall landscape design plans and public open space plan.  He stated that all utilities will be underground.  There has also been a re-fit of a lot of infrastructure.  All the buildings are still in the same place.   The truck turnaround has been slightly modified. They also took the northeast parking area and moved it making the spaces closer for the people.  The vegetated wetland areas are presently before the Conservation Commission.  Mr. McCarville asked if they involved Peter O’Cain in terms of the drainage and Mr.  Shelmerdine stated yes.  Tom Houston’s report includes Mr. O’Cain’s recommendations.  Mr. Caputo stated the plan includes a gazebo and green areas, a walkway path and a bog pond.  Mr. McCarville asked if any traffic will be allowed in the back of the building and Mr. Caputo stated only before 10:00 a.m.  The area will be closed off between 10:00 a.m. and 10:00 p.m.  It is considered “people space” while the stores are open.  There is a lot of landscape design here.  There will be raised crosswalks that will permit pedestrian space.  It will be designed to be both physically and visually appealing to make it a pathway.  There will be plants and lots of landscaping. Mr. Okstein asked if there will be two-way traffic around the building.  Mr. Caputo stated yes, but no parking there.  Mr. Wernick asked if it will be signed and Mr. Caputo stated yes, there will be service delivery signs.  All of the site utilities will be serviced from new utility infrastructure on Old Post Road.  There will be a new water main looped from South Walpole Street to Old Post Road.  Sanitary will be pumped up to a manhole.  The field layout has been modified a little, but the general system has remained the same. Water and gas will loop through the site.  Roof run-off will be in accordance with town and DEP regulations.  They have shut offs in case of major spills.  Most utilities are as designed but in different locations.  The Conservation Commission did not close their hearing in case of any changes resulting from working with the peer review committee.

Mr. Shelmerdine introduced Katie Rivard, Senior Development Manager from Target’s Minnesota Headquarters who will discuss Target Phase III.   She stated this store will allow for a grocery line and also merchandise.  They have been working with the Congress Group and are happy with the progress made. They have 25 stores in the Boston area with not open yet.  This store will add 150-200 new jobs in the area.  She explained the set up of the building and discussed changes made to the 2008 renderings.  Mr. Shelmerdine stated both Target and BJ’s will need input from the Design Review Committee.  They do have copies of the package and submittals and they will contact them whenever they are ready, probably within the next couple of weeks.  Beth Green, Design Review Committee, asked the width of the sidewalk in front of Target and Mr. Caputo stated 10-15’ wide.

Aamir Rastid, 26 Laurel Road:  based on the meetings he attended in 2008, it was decided that all the roof lines would be sloped, but now it appears they are flat.  Why did that change?  Was it just for Target or all buildings?  Mr. Caputo stated the roof lines will be staggered, not all flat or all sloped.  Mr. McCarville asked what date they are planning on opening and Dave Thompson stated summer of 2012.

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Mr. Shelmerdine introduced Richard Loeschke, BWH Architect, who was present to discuss BJ’s Phase III.  He presented the modified footprint that has changed since January 2010.  He stated there will be cart storage within the breezeway of the store. They will have a sloped metal roof with signage over the entranceway and brick around the main entrance.  He stated they did remove the tire center which is a big change.  There will be a 30’ parapet with the roof below that.  They will have a metal canopy instead of a trellis and will also introduce some awnings.  The loading docks are as far removed as possible from visibility.  Mr. Okstein asked the estimated time of opening and Mr. Loeschke stated late fall 2012, after Target.

Tom Houston, PSC consultant to the Zoning Board stated he has had an opportunity to review the peer review.  He stated they have completed their initial peer review of the engineered site plan and will be issuing a follow up.  Peter O’Cain, Town Engineer, stated he did an independent review and submitted his comments, which the board incorporated verbatim into their comments. They have also been coordinating with Greg Meister and have walked the site with him.  He stated that the Conservation Commission will accept their peer review and will meet with them on April 28^th.    The proposed storm water management system is something which the Conservation Commission has to look at carefully.  Mr. McCarville asked if it is based on a 100year storm and Mr. Houston stated yes. 

Mr. Houston discussed his report as submitted.  Mr. McCarville stated he is glad everyone has worked this out. 

Mr. Shelmerdine stated he would like Dave Thompson, landscape architect consultant from Coler & Colantonio to speak to the board. Mr. Thompson stated the plantings in the parking lot will be a very conventional mix. Mr. McCarville reminded him there are a lot of deer in this area, so they should be functional and non-edible.  Mr. Thompson stated there will be a total of 14 species and 8 different species of shrubs.  If the area is hydroseeded, it should stabilize in a couple of months.  Most of the trees and shrubs will be a native species along with Bradford pear trees and honey locust trees.   Mr. Wernick asked if there will be plantings near the benches and Mr. Thompson stated yes.  Mr. McCarville stated the more benches the better.  He likes the landscaping, but questioned how the trees will be kept watered.  Mr. Caputo stated that most of them are drought tolerant.  If they had to have an irrigation system, it would have to be a well.  Mr. Houston stated the zoning bylaw precludes the use of municipal water.  Mr. Caputo stated he will have a better answer at the next meeting.  Mr. McCarville asked if there will be any surveillance cameras or security and Mr. Shelmerdine stated they have already met with Deputy Police Chief McGrath on this issue and will continue to work with him.  Richard Kershaw stated they met previously with the fire chief and police chief regarding security and will do so again.  Ms. Rivard stated that Target has their own security systems on the building.

There were no board comments.

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Paul Oliveri, Norwood Street, Design Review Committee, stated he saw a phasing plan pertaining to landscaping and asked when that will be done.  Mr. Caputo stated because of the way the site is designed, there is a lot of site to be developed first, including the parking lots.  This was captured in Condition #116.  Mr. Wernick asked when the greenery is going to show up.  Mr. Caputo stated when the first two anchors are completed.  Mr. McCarville questioned that when BJ’s and Target open their doors for business, all the greenery will be in place and Mr. Caputo stated yes.  Mr. Shelmerdine stated that is a tenant requirement.  Mr. McCarville again asked if the whole complex will be greened when Target and BJ’s open their doors and Rich Kershaw stated yes.  Paul Oliveri stated environmentally friendly features will be added mainly on the roof.  Katie Rivard stated that Target worked at being environmentally friendly.

Mr. McCarville asked if there was any thought given to having a cell tower and Mr. Shelmerdine stated no.

Ray Samuels, 70 S.Walpole Street:  there are private residences next to a picket fence that looks nice, but feels there is a necessity for trees because people will see equipment on the roofs.  They need a buffer.  Mr. McCarville asked Mr. Houston to get the board a visual and he agreed.

Aamir Rashid, 26 Laurel Road:  questioned the boardwalk.  Mr. Shelmerdine stated it was eliminated in November.  Mr. McCarville stated the new design permits a better walking area.  Mr. Wernick agreed and stated it opens up the whole area.  Mr. Rashid stated he is talking about the side that has already been cleared and will connect two sides of the mall.  Mr. Caputo stated it was cleared two years ago.  They didn’t clear anything within the wetland resources themselves.  It is graded very naturally and will allow the area to revegetate.

Ed McSweeney, 68 S. Walpole Street:  regarding the site engineering, he stated the lowest portion of the entire 58 acre site is behind his house and the road is 19’ higher.  He asked if this will turn into a detention basin and will he be under water.  Mr. Caputo stated no.  Kelley Killeen stated there is a detention basin on the east side of Old Post Road.  There will be no direct discharge into the pond.  It is an infiltration basin.  Mr. McSweeney stated that regarding the 2007 site plan approval, the ground water will go into their wells.  It was agreed there will be piping right to his house.  Mr. McCarville stated he spoke with Peter O’Cain and Greg Meister on this today.  This will be a requirement of approval to protect Mr. McSweeney and Mr. Samuels.  Mr. McSweeney asked if he can see the engineering before it goes through and Mr. McCarville stated yes.  Mr. Intoccia stated that whatever it says they will honor and take care of.  Mr. McCarville stated that Michael Intoccia has given his assurances.  Mr. Intoccia stated they can’t do any piping until the new water line goes in, but it will be done probably during the installation of the Phase II utilities.  Mr. McSweeney asked if it will go right to his house and Mr. McCarville stated yes.  Mr. McCarville stated he would like this shown on the revised plan that will be presented at the next meeting.  Mr. Caputo agreed.  Mr.

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McSweeney stated he would like a time line for when things will get done.  Mr. McCarville stated they will be asked to provide that.  Mr. Shelmerdine stated that is Condition #36 of the original December 20^th decision.  Mr. McCarville stated it needs to be depicted on the plan.  Mr. Wernick stated if this basin is an infiltration basin, he hears Mr. McSweeney’s concerns and asked this be addressed so the water doesn’t drain back.

Mr. McSweeney asked who owns the pond and Mr. Samuels stated Michael Intoccia does.  Mr. McCarville stated they planned for a 100-year storm.  Mr. Samuels stated there is a huge difference in elevation, so drainage will be affected.

There were no further questions. Mr. McCarville stated he will invite Deputy Chief McGrath, Greg Meister and Peter O’Cain to the next meeting and asked Mr. Shelmerdine to speak to them also.  Mr. Shelmerdine asked that this hearing be continued for about four weeks, but would like to meet with the Design Review Committee in the next 7-12 days.

Mr. McCarville continued these three public hearings to May 18 at 7:30 p.m. 

It was agreed that the board would meet May 11 and May 18 and would cancel the May 25 hearing date.

It was moved, seconded and voted to adjourn.  The meeting adjourned at 9:50 p.m.

                                                            Respectfully submitted,

Accepted 5/11/11