SHARON ZONING BOARD OF APPEALS MINUTES OF NOVEMBER 9, 2011
A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, November 9, 2011 at 7:00 p.m. in the Selectmen’s Meeting Room, Second Floor, Town Office Building. The following members were present: Kevin McCarville, Acting Chairman; Lee Wernick, Seth Ruskin, Barry Barth, Larry Okstein (8:30 p.m.).
Mr. McCarville opened the meeting at 7:02 p.m. stating that our thoughts and prayers are with the board’s chairman, John Lee who is stationed in Afghanistan.
7:03 p.m. David Conforto, 46 Harold Street, Case No. 1685 Continued Hearing: The board was waiting for a stamped certified plan which Mr. Conforto submitted. There were no public comments. Mr. Conforto asked to close the hearing. Mr. Wernick moved to approve the special permit relative to proposed expansions to a home on a nonconforming lot with the board’s standard conditions. Motion seconded by Mr. Ruskin and voted 3-0-0 (McCarville, Wernick, Ruskin).
7:11 p.m. Linda McSherry, 61 Chestnut Street, Case No. 1682 Continued Hearing: The board was awaiting input from Greg Meister, Conservation Commission. Mr. McCarville read a letter received from Mr. Meister dated November 8, 2011 who had no objections to this petition. There were no comments from the public. Ms. McSherry asked to close the hearing.
Mr. Wernick moved to grant a special permit for a proposed habitable space expansion to a structure on a nonconforming lot at 61 Chestnut Street subject to the board’s standard conditions. Motion seconded by Mr. Ruskin and voted 3-0-0 (McCarville, Wernick, Ruskin).
7:14 p.m. Sky-Peck/Boucher, 15 Samoset, Case No. 1686, Continued Hearing: Mr. McCarville read a letter dated November 7, 2011 from Jim Andrews, Health Agent. Mr. Andrews had no objection to this petition. There were no public comments. Mr. Boucher asked to close the hearing.
Mr. Wernick moved to grant a special permit relative to a proposed expansion to a structure of a nonconformng structure on a nonconforming lot subject to the board’s standard conditions. Motion seconded by Mr. Ruskin and voted 3-0-0 (McCarville, Wernick, Ruskin).
7:16 p.m. New Hearing - Jane Larsson, 175 Mountain Street, Case No. 1687: Mr. McCarville read the public hearing notice as advertised. He also read a letter from Jim Andrews, Health Agent dated November 7, 2011 and Greg Meister, Conservation Agent, dated November 9, 2011. There were no conservation of Board of Health issues.
Ms. Larsson stated her house is presently 1600 s.f. and you can’t see her house from the street. She is proposing a two story addition of 280 s.f. each floor. She submitted a plot plan. Mr. Wernick asked if the house is currently one story and Ms. Larsson stated no, it is two stories and the addition will be two stories also. It will be built on top of the current deck. Mr. Barth asked if she will be adding a new deck and she stated yes. They will be expanding the existing master bathroom and master bedroom and adding a new kitchen underneath that. Mr. Ruskin asked if the old kitchen on the first floor is being expanded and Ms. Larsson stated yes plus expanding a second floor bedroom and adding a master bath. The footprint is being expanded to the end of the deck. The addition will be 14’x20’. Mr. McCarville asked if they are adding a master bath and Ms. Larsson stated yes. The deck was originally built with the idea of an addition down the road, so the footings are already in place.
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Mr. McCarville stated they are enclosing the existing deck and creating a new bath and expanding the master bedroom on the second floor and adding another deck on the first. There were no comments from the public. Ms. Larsson asked to close the hearing.
Mr. Wernick moved to grant a special permit relative to a habitable space expansion to a nonconforming structure on a nonconforming lot subject to the board’s standard conditions. Motion seconded by Mr. Ruskin and voted 3-0-0 (McCarville, Wernick, Ruskin).
7:35 p.m. New Hearing - Senior Operations, Route 1, Case No. 1688: Mr. McCarville read the public hearing notice. The applicant represented by Atty. Len Simons, Meyer, Connolly, Simons & Keuthen, Boston, MA is seeking several variances and special permits for Senior Operations, Inc., 1075 Providence Highway, the former Metal Bellows site.
Mr. McCarville read a letter dated November 9, 2011 from Greg Meister, Conservation Agent, who stated he is satisfied with the mitigation offered and that the applicant is in compliance with the Yearly Operation and Maintenance Plan for stormwater management. He also read a letter dated November 7, 2011 from Jim Andrews, Health Agent stating there are no Board of Health concerns. Mr. Simons submitted a letter from the Walpole Sewer and Water Commissioners dated August 23, 2011 to Philip Macchi, Norwood regarding this property. Mr. Wernick asked for a copy of this letter. Mr. Simons also submitted a letter dated November 9, 2011 from Christine Binger, Senior Project Manager, GeoInsight, Inc. and Kevin Trainer, Associate, GeoInsight, Inc. and Richard Bissonette, Director of Operations.
Mr. Simons also introduced Brad Sampson, Kevin Trainor, GeoInsight and Don Myers, Norwood Engineering, Inc. Mr. Simons stated they are proposing a 2500 s.f. addition to an existing 60,000 s.f. building. He submitted some aerial photos to the board. He stated the rear of the building faces Route 1 and the new addition will be designed with a higher ceiling. Mr. Wernick asked if they can raise the ceiling on the existing building and Mr. Simons stated they could, but it would be very expensive. It is a completely enclosed building with no emissions. The water and chemicals used will be consistently recycled and there will be no discharge at all. If the holding tank ruptured, there is a plan in effect to address that. Mr. Wernick asked the floor material and Mr. Trainor stated 6” concrete. Mr. Simons stated there is no drainage on the floor and there are chemicals stored on pallets which are specially designed to hold these materials. The original building was built in 1967. The chemicals have been part of the process for 22 years and never had a rupture.
Mr. Bissonette stated the floor will be pitched to create a collection area that can be pumped back to a holding tank. Mr. Wernick stated that the use of some of the chemicals is grandfathererd, but they will need a special permit for the newer chemicals. He feels that further expansion is not by right. He is not speaking to whether or not the board should grant the required special permits. Mr. McCarville stated the safest thing for everyone would be a separate permit for each request. Mr. Simons stated he applied for both variances and special permits. Mr. Wernick stated he would like an opinion from town counsel on what was previously granted. Mr. Simons stated that on that basis he will go forward with all the special permits and variances as requested.
Don Myers, Norwood Engineering, stated the fire chief asked for a road around the building. Mr. Ruskin asked if it will be gated and Mr. Myers stated no. He stated they also received the necessary approvals from the Conservation Commission. Mr. Myers stated that most of the permits referenced by Mr. Simons refer to the Zoning Bylaw that is in place now. There is also a requirement for landscape and open space. 400,000 s.f. of the land will be natural landscape.
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Mr. Simons stated it is a 14 acre lot. Part of the last decision when they were in front of the board was they had to deed restrict about six acres, which they did and it is recorded.
Mr. Simons discussed the packet as submitted. Regarding Section 1.a: they are seeking a Special Permit (addition to building) pursuant to Sharon Zoning Bylaws Section 2331. He stated there will be an increase in the building size and they are located within the light industrial district. Further, the uses will not adversely affect the neighborhood as there will be no changes and no pedestrians. Mr. McCarville asked if they want a breakaway gate and Mr. Myers stated no. He stated the facilities are adequate and received a special permit in 1981 from the Planning Board. They are not changing that today; therefore, what was good in 1981 should be good today. There will be no discharge from this building and this building will not generate any into the septic system.
Regarding Section 2.a: they are seeking a special permit (landscaped open space) pursuant to Sharon Zoning Bylaws Sectin 6412(b0 and MGL CH 40A S6. The water reclamation system consists of holding tanks, filters, a distiller/evaporator and two columns that produce deionized water. The current system has been in service for 22 years. The interiors of the current holding tanks now need to be cleaned so that they can continue to function. To do so, a person needs to enter the tanks. They submitted a letter from Clean Harbors refusing to do so since there is not enough clearance between the top of the holding tanks and the roof decks to meet the federal safety standards for safe retrieval of the person doing the cleaning.
Regarding Section 2.b: they are seeking application for variance-landscape open space. It was put in this location because they have leaching fields and wetlands on site.
Regarding Section 3.a: they are seeking a special permit (impervious surface) pursuant to Sharon Zoning Bylaw Section 4535 and 6412(b) and MGL CH 40A S6. Mr. Simons stated that the Town of Walpole is pleased with the way things are going. Mr. McCarville stated we need to be in the loop for clean up and whatever is sent to Walpole, the board should be copied. Mr. Simons agreed.
Mr. Ruskin asked if the land was contaminated before they bought it or did they do it. Mr. Simons said it was contaminated.
Mr. Okstein arrived at 8:30 p.m.
Regarding Section 3.b: they are seeking a variance –impervious cover. Mr. Simons stated that chemicals are stored in 55 gallon drums on pallets specifically designed for hazardous waste. These drums are not cleaned on site, but are sent out. The chemicals are very diluted. Mr. Trainor stated they are constantly recycling about 20 gallons per minute. There is a ph factor of 8; normal drinking water is a ph of 7. The tank is a 5,000 gallon tank. Mr. Simons stated the drums are always stored on the pallets and the only handling of drums is to connect them to the system. A spill will never leave the building.
Mr. McCarville stated he would like signage with regard to hazardous waste. Mr. Wernick stated he would like to see a full layout of the building and also approval from the fire department. He asked if they are creating a new entrance and Mr. Simons stated no. They are seeking an amendment to an existing site plan and the requirements are included in the plans that were submitted. Mr. Wernick asked that town counsel review this. Mr. McCarville asked that they contact the fire department and we would like some correspondence from them saying they have no problem supporting the protection or rescue that would be necessary on this site.
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Mr. Simons stated he will supply the board with how they will handle spills on the east side of the building. Mr. McCarville asked that he copy town counsel and Peter O’Cain also with any information.
There were no public comments. Mr. Simons asked to continue this hearing. Mr. McCarville continued this hearing to January 11, 2012 at 7:00 p.m.
8:40 p.m. AT&T, 411 E. Foxboro Street, Case No. 1676 Continued Hearing: Atty. Cindy Amara, Town Counsel, was present for this hearing and Peter O’Cain, Sharon Town Engineer. The applicant was represented by Atty. Ed Pare, Brown & Rudnick. He presented the board with revised plans dated October 6, 2011 and also a new presentation. Also present was Avan Kiernan, Aerial Spectrum was present.
Mr. Pare stated they relocated the compound about 75’ to get out of the present wetlands. They have also gone from diesel to propane for the generator. There are certain requirements that must be met to make this site or any other site work for them; i.e., the tower needs to be 120’ and it is designed to accommodate three additional carriers, with AT&T at the top. They have leased ground space from the town. AT&T will own the pole and carriers will lease space. If other carriers want to go on to this pole, they will have to ask the town for a pad. Mr. McCarville stated that when it is a co-location carrier, they will have to come before the ZBA. We don’t want another company to come in and ignore the diesel concerns. Mr. Pare stated he will have to defer to town counsel as there are variance issues that other carriers will have to address. Atty. Amara stated she would find it hard to imagine they wouldn’t come before the town.
Mr. Pare stated they have complied with MEPA as required; however, they have not undertaken a review at this time because there are two sites in question. If this site doesn’t comply, it will not be built here. They will proceed on the site that the town would like them to do, but they will not proceed on both sites. Mr. Pare stated they have also been in touch with the fire chief.
Peter O’Cain, Sharon Town Engineer, questioned leakage and propane being released into the air. He doesn’t think there is an issue because the batteries are sealed and shouldn’t leak. He questioned how electric and cable will be brought to the pole. He feels underground will not create an issue unless it runs into the waterway. He asked that the water line be shown on the plan so it is not dug up by accident. Mr. Pare stated they do not have a foundation plan or equipment drawings. This is a self-contained shelter which can be on grade or elevated. Mr. O’Cain stated he would prefer the utilities on the pole, but he knows the utility companies will have their say with this. Mr. Pare feels the town should be with them when they talk to the utility companies. They are only going to need power and telephone.
Mr. O’Cain asked how often the site gets visited. Mr. Pare stated about once a month for diagnostic nformation. Mr. Kiernan stated they go to the site, walk in and then leave. He has asked the Water Department to locate the lines. Mr. O’Cain stated he is okay with that.
Mr. Pare discussed the thirty questions that were given to him by the abutters. He gave the board a copy of the questions and answers dated November 9, 2011. Mr. McCarville stated this board directed the applicant to go back to Ben Puritz for alternate sites. Mr. Pare stated he has agreed to work with the town to discuss other sites in town and also Well #6. There were two locations proposed, but 411 E. Foxboro Street is the site the town proposed. They have not finalized the lease yet.
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Mr. O’Cain stated they have breakaway towers and Mr. McCarville stated he would like that type of technology to be part of the requirements.
Tom Houston stated he feels this facility would be a low potential to impact the aquifer.
Mr. Pare stated the monopole will be painted brown so it will blend. Mr. Houston stated he feels it should be steel gray. He will see this every day, but feels it should blend into the sky.
Dan Goulet, RF engineer for AT&T stated that Mohawk Street is the preferred site. They started with that site and then were asked by the town to look at other sites. They are only concerned with AT&T coverage. Mr. McCarville stated that hills and trees can affect a signal which makes for occasional bad coverage. Also summer can make coverage worse because of leaves, etc.
Leslie Rhinehurst, an abutter, asked if Mr. Pare said that each time a new carrier wants to add to this pole, they will have to build another 12x20 slab. Mr. Pare statd that some of the companies would. Ms. Rhinehurst stated that he said federal law says that we have to let people share this site. Mr. Pare stated that is not what he said. He said the local bylaw encourages sharing.
Joel Stein, 425 E. Foxboro Street: why isn’t mounting antennaes on existing structure given priority over new towers.
Rob Simons, 21 Mohawk: asked if AT&T is okay with the E. Foxboro site and Mr. Pare stated yes.
Mr. Pare asked to continue this hearing. Mr. McCarville continued this to January 11, 2012 at 7:00 p.m. Mr. Pare asked to continue 68 Mohawk Street. Mr. McCarville continued it to January 11, 2012 at 7:00 p.m.
It was moved, seconded and voted to adjourn. The meeting adjourned at 11:00 p.m.
Respectfully submitted,
Accepted 1/25/12