SHARON ZONING BOARD OF APPEALS MINUTES OF SEPTEMBER 14, 2011

A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, September 14, 2011 in the Selectmen’s Meeting Room, Second  Floor, Town Office  Building.  The following members were present:  Kevin McCarville, Chairman; Lee Wernick, Larry Okstein, Walter Newman, and Barry Barth.

Mr. McCarville opened the meeting at 7:07 p.m. and wished John Lee a safe return from Afghanistan.

7:12 p.m.  Erpol Construction, Case No. 1681, 7 Castle Drive New Hearing:   Mr. McCarville read the public hearing notice and letters from Jim Andrews, Health Agent and Greg Meister, Conservation Agent.   The applicant was represented by Robert Devin.  He stated this hearing is a follow up in the settlement agreement for the development of lots on Castle Drive.  He gave the board an Order of Conditions as issued by the Conservation Commission and stated they approved this under the Wetlands Protection Act.

Mr. Newman stated that in the decision there needs to be some language which would provide protection for the resource area and asked what the order of conditions required.  Mr. Devin stated there could be no further encroachment in the resource area.  Mr. McCarville asked if there will be staking marking off the lots and Mr. Devin stated he will do so if that what is required by the board.  He stated that the homeowners are aware of this plan and asked if six markers would cover what the board wants. Mr. Newman stated he is ok with that.   David Waluka stated he feels the stakes will be confused with boundaries and it is already staked out.  Mr. McCarville stated we are talking about future owners.  Mr. Devin stated he can just put in a bound with no sign.  Mr. Wernick stated we are worried about future owners.  Mr. Newman stated we want six stone markers delineating the resource area in the rear of the yards and on the top it will say “limited resource area”.  Concrete is acceptable.

Hal Kaplan, 20 Castle Drive asked what the settlement was.  Mr. Devin explained it to him.  Mr. Waluka stated that payment of $40,000 per lot to Sharon Housing Trust upon certificate of occupancy.  Mr. Kaplan asked if this is a done deal and Mr. McCarville stated each settlement has been done.  Mr. Kaplan asked what will happen to the street itself and Mr. Devin stated there will be stubs going to the lots so the road will not have to dug up.  Mr. Kaplan would like to see the lots to be built.

There were no further questions.  Mr. Devin asked to close the hearing.  Mr. Wernick moved to approve this application subject to the board’s standard condition and the special conditions of six markers  being installed and no further construction into the conservation areas.  Motion seconded by Mr. Okstein and voted 3-0-0 (McCarville, Wernick, Okstein).

7:29 p.m.             Boucher, 15 Samoset, Case No. 1680 New Hearing:  This hearing was scheduled for September 28, 2011.  Mr. McCarville read a letter from Henry Bobeck requesting to withdraw without prejudice.  Mr. Wernick moved to allow the applicant to withdraw without prejudice.  Motion seconded by Mr. Okstein and voted 3-0-0 (McCarville, Okstein, Wernick).

7:30 p.m.             Patricia Yurtzky, 634 Billings Street, Case No. 1672 New Hearing:  Mr. Wernick moved to allow the applicant to withdraw without prejudice as requested.  Motin seconded by Mr. Okstein and voted 3-0-0 (McCarville, Okstein, Wernick).

7:33 p.m.             Joel & Linda Valentin,  120 Lakeview Street, Case No. 1679 New Hearing:   Mr. McCarville read the public hearing notice and letters from Jim Andrews, Health Agent and Greg Meister, Conservation Agent.   The applicant was represented by G. Emil Ward, who submitted a 3-page explanation.  He stated this is a request for a special permit, not a variance for a preschool. 

SHARON ZONING BOARD OF APPEALS MINUTES OF SEPTEMBER 14, 2011   (2)

There will be approximately 16’x16’ addition with no adverse impact to the area.  There will be traffic in the morning because of drop offs and afternoon pickup.  This property is below grade and the intrusion into the setback is minimal and it is in keeping with the neighborhood.  It is a French Montessori school and it is an asset to the town.  Mr. McCarville stated the school already exists and a traffic study has been done.  They are only requesting a 16’x16’ addition to a pre-existing building.  Mr. Newman asked if the school is open and Mr. Ward stated no it will open May 12, 2012.  Mr. Wernick stated he has driven by this.  Mr. Newman asked if there will be a bus and Mr. Ward stated no it will be parent drop off and pick up.  Mr. Newman asked how many children and Mr. Ward stated 60-65.  Ben Puritz  was present and stated he is personally in support of this special permit and the use is in conformance with a recommendation of the Use Committee.  The addition and the structure is below grade and you cannot see this from the road because of that. He feels this will be an enhancement to the town and it is owned by the town.  The selectmen have agreed this is a good use.  Mr. Wernick asked how long is the lease and Mr. Puritz stated 20 years.   It is in character with the town and in particular Horizons for Youth and Wilbur School.

Gillian Robbins, Lakeview Street  asked if this addition will necessitate cutting down any trees as she hates to see any more come down.  Ms. Valentin stated no.  Mr. Newman asked where they expect the student body to becoming from and Mr. Ward stated Sharon and Ms. Valentin stated and surrounding towns.

There were no further comments or questions.  Mr. Ward asked to close the public hearing.  Mr. Wernick moved to approve the application for a 16’x16’ addition with the board’s standard conditions.  Motion seconded by Mr. Okstein and voted  3-0-0 (McCarville, Wernick, Okstein).

7:55 p.m.             Nir Grabie, 29 Station Street, Case No. 1678 New Hearing:  Mr. McCarville read the public hearing notice and letters from Jim Andrews, Health Agent and Greg Meister, Conservation Agent.  Mr. Wernick questioned the ad which stated non-conforming structure on a non-conforming lot.  He asked that the applicant check with Joe Kent.

Mr. Grabie stated he wants to build an addition that increases the area in their house.  The addition will be a kitchen and dining room.  The kitchen is presently very tiny.  Mr. Okstein asked if he is proposing to build out the kitchen on one level and Mr. Grabie stated yes.  There is an existing pantry which they want to destroy and bump out the kitchen.  They are trying to keep the nature of the 100 year old house.  Mr. Wernick asked who did the plans and Mr. Grabie stated Sturdy Home Improvement.  Mr. Wernick noted the plot plan is stamped.    Mr. Okstein asked if they are just looking to bump out the kitchen with no changes upstairs and Mr. Grabie stated yes. 

There were no comments or questions from the public.  Mr. Grabie asked to close the hearing.  Mr. Wernick moved to approve with the board’s standard conditions and one special condition stating it is the sentiment of this board there shall be no further construction in the setback.  Motion seconded by Mr. Okstein and voted 3-0-0 (McCarville, Wernick, Okstein).

It was moved, seconded and voted to adjourn.  The meeting adjourned at 8:20 p.m.

                                                                Respectfully submitted,

Approved 5/9/12