SHARON ZONING BOARD OF APPEALS MINUTES OF FEBRUARY 8, 2012

A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, February 8, 2012 at 7:00 p.m. in the Selectmen’s Meeting Room, Town Hall.  The following members were present:  Kevin McCarville, Acting Chairman; Lee Wernick, Barry Barth, Larry Okstein (7:40 P.M.)

Mr. McCarville opened the meeting at 7:08 p.m. stating that our thoughts and prayers are with John Lee serving in Afghanistan.

7:10 P.M.             Senior Operations, Case No. 1688 Continued Hearing:  As per request of Atty. Len Simons on behalf of the applicant, Mr. Wernick moved to continue Case No. 1688 Senior Operations until March 14, 2012.  Motion seconded by Mr. Barth and voted 3-0-0.

7:12 p.m.             Deepak Wadhwa, 46 Morse Street, Case No. 1697 Continued Hearing:  Mr. McCarville read a letter dated February 7, 2012 from Jim Andrews Health agent who has stated that the house is a two bedroom house and will remain a two bedroom.  Mr. McCarville received new plans from the builder.  Mr. Wernick asked on what level the home office will be located and the builder stated second level.  He has removed all doors and added a set of windows.  Mr. Wernick asked how wide is the opening looking down into the living room and the builder, DKW Builders, stated 4-1/2 feet.  Mr. Wernick stated the home office cannot become a bedroom.  Mr. McCarville stated we normally require an 8’ opening and no closets.  DKW Builders asked that be put into the minutes and Mr. McCarville stated it will be a condition of approval.    The builder asked if he can put in three 2’ windows and the board agreed.   Mr. Barth asked if the basement will remain completely unfinished and the builder stated yes and will have no plumbing.

Mr. McCarville asked for comments from the public.

Timothy Traudt, 38 Morse Street asked the dimensions of the structure and Mr. Wernick stated 32’x35’ and the height from the basement floor to the top of the ceiling joists will be 21.6’.  He asked if there will be a walkout basement and Mr.  McCarville stated no.  He stated he has no objections.  There were no further questions.  The builder stated they are actually moving farther away from the lot lines.  Mr. Traudt stated he was concerned about tree removal. 

Katrina Traudt, 38 Morse  Street stated the house is very average looking.

The builder asked to close the hearing.  Mr. Wernick moved to approve the application before the board with the plans as submitted with the board’s standard conditions and the following special conditions:  house will remain a two bedroom; no recess in the book shelves; the builder can add three 2’ windows; home office may never be used as a bedroom; the closets may not be combined to make them deeper; adequate staking of the side yard for the benefit of the abutter at 38 Morse Street.

7:25 p.m.             Joel Shapiro, 19 Dunbar Street, Case No. 1690, Continued Hearing:   Mr. McCarville read a memo dated February 7, 2012 from Jim Andrews, Health Agent which stated he has issued a permit on this project.  Mr. Barth stated he feels this house is a substantial upgrade from what is there.  Mr. McCarville asked if it is a 3 bedroom house and Mr. Wernick stated that according to the plans it is a four bedroom and that is what the septic is approved for.  There were no further board questions and no abutters present.  The builder, DKW, asked to close the hearing on behalf of the applicant.  Mr. Wernick moved to approve Case No. 1690 and to allow a four bedroom house with the board’s standard terms and conditions.  Motion seconded by Mr. Barth and voted 3-0-0.

SHARON ZONING BOARD OF APPEALS MINUTES OF FEBRUARY 8, 2012   (2)

7:40 p.m.             Ruth Zakarin, 227 S. Main Street, Case No. 1695 Continued Hearing:  Mr. McCarville read a memo from Mr. Andrews, Health Agent regarding flow and also a letter dated February 7, 2012. The applicant, Ruth Zakarin was represented by Paul Sullivan.   He stated that page 3 (A-2) shows the change in flow as discussed.   Mr. Wernick asked if the plan was re-dated and Mr. Sullivan stated no.  There were no abutters present.  He asked to close the hearing.  Mr. Wernick moved to approve Case No. 1695 according to the plans that were resubmitted changing Page A-2 with the board’s standard conditions.  Motion seconded by Mr. Barth and voted 3-0-0.

7:45 P.M.             Brian Greenfield, 562 S. Main Street, Case No. 1696:  Mr. McCarville read the public hearing notice.  He also read correspondence dated February 7, 2012 from Jim Andrews, Health Agent, and Greg Meister, Conservation Agent.  The applicant was represented by Atty. Joel Fishman, Stoughton, MA.  He submitted new plans to the board.  He stated that the property in question is owned by Moosehill  Properties.  He stated that Mr. Greenfield is not asking for any new buildings.  Mr. McCarville stated the property is owned by a trust and asked if Mr. Greenfield wants to purchase it and then upgrade and enhance it.  Mr. Fishman stated yes.  He stated that Mr. Greenfield is also proposing to run his landscaping business out of this location and are seeking authorization of that use.  Mr. Fishman stated the property is designated as a commercial warehouse and the barn was built in 1900.

Mr. Fishman stated the property designation was done by the Assessors.  He stated he also has a letter dated February  2, 2012 from Patricia Amirault, Agent for Moosehill Properties, that he read into the record verifying the information he has given the board.  He stated that the property was used until late Fall last year when Brian Greenfield signed a Purchase and Sale Agreement.  It has been vacant since that time.  Mr. Fishman submitted photos of the property.  He stated there is no septic system on the property and they will be adding one.  Mr. McCarville stated it was probably a cesspool.  Mr. Fishman stated there is a substantial grade difference from 102’ to 92’.

Mr. Barth asked if the back area will be paved and Mr. Fishman stated no, it will remain gravel.  There will be no asphalt.  They will be cleaning up the area.  Further, the big barn will stay, but will be improved.  The other small barn may have to be razed.  The marker is the property line and the dirt road is on Audubon land and it is also the road the Ward’s use to access their property.

Mr. Fishman stated they are also proposing a nice wooden sign with the board’s permission.  A copy of the design was in the board’s packets.  It is will be free standing, not on the building.

Mr. McCarville asked where the landscaping equipment will go.  Mr. Fishman stated on site and they are proposing a chain link fence around the property for security and also 6’ evergreens planted in the front.  There will be a 15’ wooden or vinyl gate.  You cannot see anything from S. Main Street.

Mr. Greenfield is proposing to put his stock in bins and will park his vehicles out back, as will the workers.  Everything will be in the back behind a fence and will not be visible from S. Main Street.  Mr. McCarville questioned vehicle maintenance.  Mr. Greenfield stated it will be done offsite.  Mr. McCarville asked the size of the bins and Mr. Greenfield stated 2’ deep by 4’ high.  Mr. Barth asked if this is a relocation of his present business and Mr. Greenfield stated yes as it is presently at 44 Gunhouse Road.  Mr.  Wernick stated he would like to know how many trucks will be on site and Mr. Fishman stated five dump trucks and four pick-up trucks.  Mr. McCarville stated there will be sample walkways and nursery stuff also.  Mr. Fishman stated yes but it will all be behind a fence and not visible from S. Main Street, but it can be seen from Wolomolopoag.  

SHARON ZONING BOARD OF APPEALS MINUTES OF FEBRUARY 8, 2012   (3)

Mr. McCarville stated we could require a berm or additional foliage to provide a better visual buffer.  He asked where the new septic system will be and Mr. Fishman showed him on the plan.  He stated that Mr. Greenfield has already spoken with the abutters.  Mr. McCarville stated that the people across the street will have an improved visual.

Robert Ward, 552 S. Main Street:  stated he operates Ward’s Berry Farm and he is here to support what Mr. Greenfield wants to do.   He stated the property may contain wetlands, but he is not sure.  He would like to land preserved and treated well.  Mr. McCarville stated that Greg Meister stated there are no wetlands within 100’.   Mr. Wernick asked if the barn is an historic building.  Mr. Fishman stated no and therefore it can be knocked down.  Mr. McCarville stated the smaller barn has seen better days.  Mr. Fishman stated they are not touching the bigger building.  There is some structural work that will be done, but the changes will not happen overnight as he has to make some money to pay for the changes.  He also stated the barn will be kept red.

Mr. Ward questioned the no asphalt due to the nine trucks going in and out.  Mr. McCarville stated we could ask for a fuel pad.  Mr. Ward stated there is a fuel pump on the property and the permits have been kept up.  Mr. Greenfield stated it is in the barn on the first level.  Mr. Barth asked if Ward’s is paved and Mr. Ward stated yes, but not the overflow area.  He would like some hedge between their properties   for noise issues.  Mr. McCarville questioned the tank.  Mr. Fishman stated the current owners did the upkeep.  Mr. Wernick stated he needs to talk with Peter O’Cain and Joe Kent.  Mr. Wernick questioned the containment in case of a rupture.  Mr. Okstein questioned the chain link fence and asked if Mr. Ward likes it.  Mr. Ward stated he doesn’t mind, but it wouldn’t be his first choice.  Mr. Fishman stated a stockade fence would look like a fortress, but a chain link isn’t really visible.  Mr. McCarville asked if it could be green vinyl and Mr. Barth asked if Mr. Ward has fencing on his property.  Mr. Ward stated yes, an 8’ deer wire fencing. 

Mr. McCarville asked  Mr. Fishman to speak with Peter O’Cain.  Mr. Fishman asked if the issues are: pine trees, green vinyl chain link, no paving or impervious surfaces; trucks and to check with Peter O’Cain with regard to a gas or oil spill and a fueling pad. Mr. McCarville asked what they have for equipment and Mr. Greenfield stated a bobcat, a miscellaneous truck and four trailers.  He asked if he has a shelter for these and Mr. Greenfield stated the machines will be all inside.  He had wanted the smaller barn for storage.  Mr. Wernick doesn’t want this to become a large vehicle storage area and Mr. McCarville stated he doesn’t want to see an auto graveyard.  Mr. Barth asked if contractors will go to the site on a regular basis and Mr. Fishman stated it is not intended to have a retail operation out of there.  Mr. Greenfield stated it will not be staffed.  Mr. McCarville stated the big building will be an office.  Mr. Greenfield stated he will drive vehicles underneath and will put small hand tools, a small meeting room inside.  The septic will support the commercial building and it will be nicely landscaped.  He will update the barn and bring it up to code as it will be showcase of his business.  Mr. McCarville questioned signage.  Mr. Fishman stated that technically the Selectmen have jurisdiction of this.  They can have a 5x2 and are asking for a 6x3.  Mr. Wernick stated he would like to see an exact sketch of the sign.  Mr. Fishman stated they have it already in their packets.  Mr. Barth asked how big Ward’s sign is and Mr. Ward stated 2-1/2  x 3-1/2.  Mr. McCarville stated he would like to be given the hours of operation.

Mr. Fishman stated that Mr. Greenfield plows in the winter.  Mr. Wernick asked for more details on the issues discussed.

SHARON ZONING BOARD OF APPEALS MINUTES OF FEBRUARY 8, 2012   (4)

Mr. McCarville continued this hearing to March 4, 2012.  He would like a copy of the plans reviewed by the fire department so they  know there is a gas pump and sprinklers.  Mr. Fishman agreed.  Mr. Wernick stated he wants no residential use of retail out of the premises.  Mr. McCarville asked if there is an alarm system and Mr. Greenfield stated there will be one and he will get prices after he moves in there.  Mr. McCarville questioned lighting and Mr. Greenfield stated there is lighting in the office area and some in the back as necessary, but it will not be on 24/7 and it will be shielded.  Mr. McCarville asked for a light plan.  Mr. Fishman requested the hearing be continued.  Mr. Wernick moved to continue the hearing until March 14, 2012 at 7:00 p.m.  Motion seconded by Mr. Barth and voted 3-0-0.

8:35 P.M.             Michael Sternweiler, 3 Agawam, Case No. 1697:  Mr. McCarville read the public hearing notice and correspondence from Greg Meister, Conservation Agent and Jim Andrews, Health Agent. 

Andrea White, Interior Designer and Vivian Sternweiler, property owner were present.  Ms. Sternweiler stated she bought the house in 2000.  Mr. McCarville stated she is putting on a 9’x10’6” deck; a three-season porch on lally columns with no heat being proposed; and, a new mud room.  There is already an existing half bath.  Ms. White stated she will be reconfiguring the half bath and laundry room which will be moving over a few feet.  They also want to open up the back entry to allow for a better view and want to put the deck right off the kitchen.  They will be moving it back from where it presently is.  Ms. Sternweiler stated there is an existing deck but they are reducing the footprint.  Mr. Barth asked if there will be a basement and also if there will be any heat.  Ms. White stated no except for maybe a little in the mud room.  Mr. Barth asked if the new vestibule is being carved out of the garage and Ms. White stated yes.  There were no board or public comments.  Mr. McCarville closed the public hearing.  Mr. Wernick moved to approve the minor expansion of the mud room and revamp of the porch and deck area with the board’s standard conditions and one special condition that the three season room cannot be heated.  Motion seconded by Mr. Okstein and voted 3-0-0.

It was moved, seconded and voted to adjourn.  The meeting adjourned at 9:00 p.m.

                                                                Respectfully submitted,

Approved  5/9/12