SHARON ZONING BOARD OF APPEALS MINUTES OF APRIL 25, 2012

A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, April 25, 2012 at 7:00 p.m. in the Selectmen’s Meeting Room, Second Floor, Town Office Building. The following members were present:  John Lee, Chairman; Kevin McCarville, Vice Chairman; Lee Wernick, Clerk; Seth Ruskin, Larry Okstein.

Mr. Lee opened the meeting at 7:07 p.m.  He stated that Mr. McCarville has resigned as he is moving to Cohasset effective immediately.  The thanked Mr. McCarville for his years of service on the board.  Mr. McCarville signed the AT&T, Case No. 1676, 411 East Foxboro Street as prepared by town counsel.   Mr. Lee stated that this decision was voted at a previous meeting and the decision is only being endorsed at tonight’s meeting.  It will be filed with the town clerk tonight and clocked in tomorrow.

Mr. McCarville left at 7:10 p.m.

7:10 p.m.             Mazzotta, 257 S. Walpole Street, Case No. 1702 New Hearing:  Mr. Lee read the public hearing notice and letters from Jim Andrews, Health Agent and Greg Meister, Conservation Agent.  The applicant was represented by Rick Merrikin, Merrikin Engineering, Millis, MA.  Mr. Merrikin stated the Mazzotta’s live right on the bad corner on S. Walpole Street.  A significant portion of this property is wetland and there is a river going through it.  They want to build themselves a new smaller house and the only practical place is next to their present house.  Because of the regulations, it would not be suitable to go elsewhere.  They did go to the Board of Health, but as yet did not apply for a permit. The septic system will go in the corner of the lot because of the 125’ setback. They will file with Jim Andrews when they have all other permits in place.   They will be altering and regarding the lot.  They went to Conservation to identify all the wetlands on the property and will add a conservation restriction to a significant portion of the property.  Mr. Lee asked if this property could be accessed through the existing house and Mr. Merrikin stated they have to have access on their own lot and there was no room to get access anywhere else.  Mr. Lee asked if the hardship is by their own creation of this lot and Mr. Merrikin stated he doesn’t think so.  This is the upland usable portion.  Mr. Wernick stated that breaking this  into two lots does create the hardship.  Mr. Merrikin statd the alternative would be to have a 15 acre parcel and they can’t build two residential properties on one lot.  Mr. Wernick asked if this is an ANR plan and Mr.  Merrikin stated yes.  He asked to see a copy of it and Mr. Merrikin stated he will get him a copy of the signed plan.

Mr. Lee stated this meets the access requirements but not the dimensional requirements.  Mr. Merrikin stated if they could recreate the driveway out of the 100’ buffer, they wouldn’t be here tonight.  Mr. Wernick stated you walked this by Jim Andrews, but he hasn’t issued anything yet.  Mr. Lee stated in the past we have had a sign off from the Board of Health.  In this case, we would like to see that along with the Planning Board approved plan.  Mr. Merrkin stated they will make application with the Board of Health.

There were no abutters present and no further board questions.  Mr. Lee asked if there is anything else we need before the next meeting and Mr. Okstein stated he doesn’t think so.  Mr. Wernick stated they have a valid house lot now, but they want to spin off another lot.  Mr. Merrikin agreed.  Mr. Wernick stated we are not denying them the use of their land.  Mr. Merrikin stated they might be able to do a different configuration absent a variance.  They went to Conservation first and they felt this was a reasonable request.  Mr. Lee stated the Zoning Board is looking at dimensional requirements.

Joe Mazzotta asked if the building was at the edge of the buffer zone, would that be okay.  Mr. Lee stated that is a question for the Conservation Commission and Building Inspector.  He stated there is a high standard for granting relief.  Mr. Mazzotta stated he is not asking to build in a restricted area.  Mr. Lee asked about  the vegetated buffer.  He recognizes that Conservation is on board with this.  Mr. Lee continued this hearing to May 23, 2012 at 7:00 p.m.

7:30 p.m.             Target, Case No. 1701 New Hearing:  Mr. Lee read the public hearing notice.  Mr. Shelmerdine submitted an original of the Police Chief’s comments.  Mr. Lee read letters from Jim Andrews, Health Agent and the police and fire chiefs.  The applicant was represented by Atty. Robert Shelmerdine, Washington Street, Foxboro.  He stated he will file a plan with Conservation.

Mr. Lee stated the Zoning Board has spent lots of time with this team and we have a plan of record.  Before we move forward, is this what you are proposing as the new plan of record?  Mr. Shelmerdine stated yes, if approved.  Mr. Lee stated there will only be one plan that is approved that will be signed like before.  Mr. Shelmerdine stated that the changes that they are asking for tonight will make some changes to the northern half of the site and nothing is changing the southern half.  This will be the plan if the board approves it.  He showed the board a current approved plan from July 2011 and they submitted a plan a month ago which modifies this.  When approved, that will be the record plan.  Mr. Lee wants to be clear on this.  There can’t be multiple plans.  Mr. Wernick asked for a colored plan. 

Mr.  Shelmerdine stated that present tonight with him is Katie Rivard, Target Project Manager, Kelly Killeen, Engineer, Richard Kershaw, Sharon CFII, and Tom Houston.  Mr. Lee asked how the Congress Group falls into this and Mr.  Shelmerdine statd the Congress Group and Sharon CF II are one in the same.  They have been at this for quite a while.  He thanked Mr. Lee for his service to the country and for returning safely.  They had hoped they would have been well on their way by the time John returned.   The original decision in 2009 had Target going in one direction and then they changed it and now they want to rotate it once again.   They have received Phase I and II approval from the ZBA and also Phase III for Target and BJ’s.  Mr. Lee stated the Design Review Committee have approved the facades of Target and BJ’s as it exists now and also some of the signage.  Mr. Shelmerdine stated they are pretty much set to go, but they need road approvals.

Katie Rivard, Target Project Manager, stated that after the last meeting with us, they proceeded to have a final meeting with Target’s executive committee and they were not comfortable with the plan.  They requested that the building be turned to face Old Post Road as well as the driveway needed to be modified. The Target building is under the square footage allowed by 5,000 to 6,000 less than before.  The drive has been modified and addresses the concerns of the executive committee.  There is now a smoother entrance and exits, but they have 64 less spaces.  The funds are set aside and they are ready to be used to build this project.  She presented a rendering.   She stated nothing has changed in the building except they have flipped it.  Therefore, they are back with Phase I approval.  Mr. Wernick questioned a raised pedestrian crosswalk and asked if cars can cross over it.  Ms. Rivard stated yes they can. 

Tom Houston stated the board has the ability to waive the design criteria as they did on the 2011 plan.  Mr. Lee asked if there is a reason it is designed this way and Kelly Killeen stated because parking is an issue.  There is shared parking in front of Target and there is more parking shown on the plan to the north.  Mr. Lee stated the vegetated are by Old Post Road has been diminished and reduced in other areas.  Mr. Killeen stated nothing changed on Old Post Road.  Mr. Lee stated it is very frustrating because it is different.  Mr. Wernick agrees.  Mr. Lee stated that is why we wanted a definitive plan so we know what to expect. We need to know what has been approved and what the town can expect.  The plan you said is the plan of record has been modified under Phase II, so it isn’t really the plan of record.  Mr. Killeen stated that November 17, 2010 is the date of approval.  Mr. Shelmerdine stated this is a complicated site.  When they went to Phase II there were changes.  Mr. Lee stated this board signed mylars.  Mr. Shelmerdine stated the official is black and white OS1 and OS2.  Mr. Wernick wants to see a colored plan so we can see what we are getting.  Mr. Shelmerdine agreed.  Mr. Okstein asked if they could have kept the parking fields.  Mr. Shelmerdine stated the edge of the limit is pushed as much as possible.  They swapped things around.  Kell y Killeen stated that Target needs direct access to the back of the building.  Mr. Wernick feels it could have been broken up.  Mr. Killeen stated they are trying to keep impervious area as low as they can.  Mr. Shelmerdine stated he understands what they are saying with regard to the green areas, but the more green, the fewer spaces.  Mr. Lee feels the  Zoning Board has been very patient.  We need to see a plan without so much visual break up.  The town approved a certain bylaw and he doesn’t see this as what they approved.  Mr. Okstein likes this much better.  He doesn’t like the fact that the parking lot looks like a big open box now.  This is a less boxy feel.  Mr. Shelmerdine stated there are more spaces between the anchors.  This plan is a better plan in terms of access and even the fire chief agreed with that.  Katie Rivard stated that the D-1 plan is what is being submitted in the Phase I application.  Mr. Lee stated that is not the approved plan in front of us.  We need to have nailed down what has been approved.  Mr. Shelvedine agreed and stated they will get the board a colored plan.  Kelly Killeen stated that the plans for Phases I, II, and III are still current.  Mr. Shelmerdine asked what is the last approved plan by the Planning Board and Mr. Killeey stated Phase I.  Mr. Wernick stated he wants to see all the plans that have been approved.  He feels the way it is set up now will create a huge traffic jam.  Ms. Rivard stated that is why there will be two lanes in and two lanes out.   Mr. Wernick asked Mr. Houston for his thoughts.  He stated he has no concerns from an access and circulation point.  He was in favor of the board’s previous recommendation.  Mr. Wernick stated that he feels two lanes each way may be a problem for pedestrians.  Mr. Ruskin asked him if he is comfortable with the parking.  Mr. Houston stated there are a lot trade-offs on this site.  Also, the overflow parking is the least used.  They want a viable and separate truck route and it is well defined.   All the major anchors and junior anchors will have separate loading spaces, but the bad part is the pedestrian crossings.  Mr. Wernick stated it could become a lot faster if it is a two-way lane.  Mr. Houston stated it is a trade off.  It is important to Target that people have a direct approach to the store.   Mr. Lee stated the town approved a Life Style Center.   The large parking field is a concern.  He stated there will be no approvals tonight as we need things clarified.  Mr. Okstein stated the new plan looks more convoluted.  Mr. Lee stated it was supposed to have a smaller parking area.  Mr. Okstein stated he doesn’t mind the repositioning of the store, but would like it more parking friendly.  Katie Rivard stated they can put in more landscaping if the board wants.  They can introduce more islands, but it will reduce the parking in the center.  Mr. Okstein stated this looks like a big giant box and we wanted to avoid that.  Katie Rivard stated that the problem with the other Target plan was not the landscaping, but it was the parking.  Kelly Killeen stated the rotation of the building means changes with Board of Health and other issues.  They can’t have trees in the septic fields because of the roots.

Mr.  Wernick asked if the DRC looked over the revised locations.  Beth Greene, Ed Hershfield stated no.  Mr. Lee stated the DRC has looked at this all the way along.  Mr. Houston stated he doesn’t want to see the parking reduced and thinks stuff could be broken up visually.  All of this can be achieved without compromising parking.  Katie Rivard stated that Target is concerned about cars being right at their front door and they don’t like it.  Mr. Houston stated the widening of the island can be accommodated without compromising anything.  Mr. Lee stated it isn’t the Zoning Board’s call to design this project for you.  Mr. Lee asked if the board has an issue with the rotation of the building.  It was agreed it was not an issue.  Mr. Lee feels the applicant needs to address the parking though.

Beth Breene, 11 Huckleberry Lane stated she is part of the DRC and she has some concerns.  She doesn’t like seeking the old big box store and by moving it, you can now see more of it.   She doesn’t feel it is aesthetically pleasing.  Mr. Lee stated that one of the things the DRC looked at was seeing a 250’ façade and now they want a 500’ façade.  Mr. Ruskin stated he feels the front of the building is better looking than the side.  Ms. Green thinks they should make all sides of the building attractive.  Now you are seeing the whole thing if you approach on a 4-lane highway.  It looks more like a strip mall.  It is now a big box with parking fields in front.   She knows the retailers like that in the front, but she doesn’t.  Mr. Ruskin stated the customers do though.  Katie Rivard stated they wouldn’t be here if they thought they would be successful leaving it the way it was.  Mr. Wernick asked to see the whole thing and also the actual front façade.

Ed Hershfield, 33 Gavin Pond Road stated Beth is one of four people on the DRC who spent a lot of time on this.  His request is that the ZBA get input from the rest of the DRC.  Katie Rivard asked if the board wants full elevations and Mr. Lee stated yes.  The ZBA is in support of your turning the building.  Ms. Rivard stated they have capital approval as long as the plan is changed.   They will not get approval unless the plan is changed.  Mr. Lee suggested they come back with one clear plan of what is being proposed with incorporated changes from Phase II so we have one plan before us and also showing the increased greenery and walkability.  Mr. Wernick asked to see the architectural façade.  Mr. Shelmerdine stated they will do a full scale rendering.  Mr. Shelmerdine stated he would like to coordinate a time to meet with the DRC.  Richard Kershaw asked if they have to go meet with the DRC and Mr. Lee stated yes.  They give guidance to us and it would be helpful.  Mr. Lee asked if the wastewater facility moved on this and Kelly Killeen stated the treatment plant moved.   Mr. Shelmerdine stated he will give Kate a full set of submittals before the next meeting.  He asked to continue this hearing to May 23.  There were no public comments.  Mr. Lee continued this hearing to May 23, 2012 at 7:00 p.m.

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

Respectfully submitted,

Accepted 5/9/12