SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 27, 2011

A special meeting of the Sharon Zoning Board of Appeals was held on Wednesday, July 27, 2011 at 7:00 p.m. in the lower level of the Sharon Town Office Building.  The following members were present:  Kevin McCarville, Acting Chairman; Seth Ruskin, Larry Okstein, and Walter Newman.  Also, present was Lisa Whelan, Town Counsel.

Mr. McCarville opened the meeting at 7:05 P.M.                He stated that the board’s thoughts and prayers were with John Lee, Chairman, who is serving in Afghanistan.  The board members signed three (3) decisions as submitted by Tom Houston for Sharon Commons.  Said decisions had been voted at a previous meeting.

7:10 p.m.             Mr. McCarville stated the purpose for tonight’s meeting was to vote on a request received from Old Post Road, LLC, a 40B project.  He read two letters; one from town counsel dated July 20, 2011 and one from John Lee dated July 17, 2011.  Mr. Lee wrote his letter as an abutter to this project.  Mr. McCarville asked town counsel if there is a time limit on how many times an applicant can ask for an extension of time and if there is a reasonable timetable in the courts.  Ms. Whelan stated there is no case law on that as yet, but in the future there may be.  In order to deny this request for an extension of time there needs to be a major factor.  If the need for this type of project hasn’t carried through the years or if the development in the town has taken a substantial turn, the Housing Appeals Committee might consider an extension being denied.

Mr. Okstein asked if the need has carried through, wouldn’t that be economical.  Ms. Whelan stated there is an overall feeling of giving the developers a chance and also time for the market to catch up.  Mr. Okstein stated there has been a total of four years already.  Is it unreasonable to give them two more years for a total of six?  Mr. Okstein stated if we took the position as a board that this particular need for over  55 housing  isn’t the same as it was four years ago, coupled with the extension they already had, would that be reasonable?  Mr. Ruskin stated clearly they have lost their financing.  He asked if that counts.  Mr. Okstein stated we can’t assume that though.  Ms. Whelan stated a question of financing is dubious at best because they could finance it themselves.

Mr. McCarville asked if we let this permit expire, can they file for another one.  Ms. Whelan stated they would go to the Housing Appeals Committee to appeal.  If they want to remove the age restriction, that is substantial and would allow us to open things up again.  Mr. McCarville stated the board agrees there is no demand for it.  So, if we let it expire can they file another application?  Could they come back with a different 40B?  Ms. Whelan stated if the board denies this and they appeal it to the Housing Appeals Committee time would be frozen.  Mr. McCarville stated if we go to court, town funds will have to be used. 

Mr. Okstein asked if this has to be a majority vote.  Ms. Whelan stated there is no unanimous requirement.  Mr. Newman asked if rules are the same for 40A and 40B and Ms. Whelan stated yes.  Mr. McCarville stated there is no limit on the amount of times they can request and extension and Ms. Whelan stated that is correct.

Tom Houston stated the town is not at 10% capacity yet, so they can refile tomorrow.  Mr. McCarville stated we at least have them locked into a 55+ situation.  If we deny it, they can use this as an opportunity to remove that.  Mr. Okstein stated we are just asking questions.  We are not trying to circumvent anything.  Mr. Ruskin agreed.  Mr.  McCarville stated he did ask for input from the fire and police departments regarding their thoughts on the 40B. The deputy police chief stated there has been some notice of increased narcotic issues and the deputy fire chief didn’t answer at all. 

SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 27, 2011   (2)

Mr. Newman asked if there was any mention of increased theft as he heard there were many break-ins at Avalon and Mr. McCarville stated no.  We gave the police an opportunity to put a detail down there at the applicant’s expense.  Mr. Okstein stated we have been more than reasonable, but he will not be so giving in the future.  Mr. Newman stated he would like to add language about future extensions.  Ms. Whelan stated that would be fair notice.  Mr. McCarville stated they could come back, but we will still want the age restriction.  He asked Ms. Whelan to draft the decision and she agreed.

There was no further discussion or public comments.  Mr. McCarville stated the members voting will be himself, Larry Okstein and Walter Newman.

Mr. Newman moved to grant the two year extension of time for commencement of construction of the permit for Old Post Road LLC 40B so as to require that construction commence by August 4, 2013 and that the grant of this extension is without prejudice to the Board’s ability to consider on its merits any future expansion.  Motion seconded by Mr. Okstein and voted 3-0-0.

It was moved, seconded and voted to adjourn.  The meeting adjourned at 7:50 p.m.

                                                                                Respectfully submitted,

Accepted 1/25/12