SHARON ZONING BOARD OF APPEALS MINUTES OF MAY 9, 2012
A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, May 9, 2012 at 7:00 p.m. in the Selectmen’s Meeting Room, Second Floor, Town Office Building. The following members were present: John Lee, Lee Wernick, Larry Okstein, Seth Ruskin, and Barry Barth.
Mr. Lee opened the meeting at 7:11 p.m.
Minutes: Mr. Wernick moved to approve the minutes of January 11, 2012, January 25, 2012, February 8, 2012, March 14, 2012, March 28, 2012, April 11, 2012, April 25, 2012, August 17, 2011 and September 14, 2011 as submitted. Motion seconded by Mr. Ruskin and voted 5-0-0.
7:12 p.m. Tedeschi’s, 68 Pond Street, Case No. 1700: The applicant was represented by Atty. Robert Shelmerdine. Also present was Jack O’Leary, Engineer for Merrill Associates, David Cougan, Project Manager for Tedeschi’s and Bill Welch, representing the property owner.
Mr. Shelmerdine stated they last met with the Zoning Board on March 28, 2012 and had submitted plans at that time. They are here tonight on a modification of a previously issued special permit and an expansion of a non-conforming use. They met with the Planning Board on March 21, April 25, and May 7. They also met with the deputy police chief and the fire chief on May 7, 2012. Mr. Shelmerdiine stated this is an existing convenience store and a self-service gas station with two dispensers that can serve up to four cars at one time and located at Pond and Maple Streets. He stated there was a permit granted in 1961 for a gas station and for a service station and gas station in 1973. The bylaw has changed so that a gas station is no longer allowed in Business District A. This location has operated as a convenience store and a self service gas station since 1994. The convenience store in Business District A is allowed as a matter of right, but they are here for a special permit to alter the prior non-conforming use; i.e., gas pumps and also they are seeking permission to expand the convenience store. Mr. Lee stated they have to be here because they have a special permit and they want to modify it by changing the footprint and expanding the special permit by changing the size of the building and changing the gas pumps. Mr. Shelmerdine stated they are here because there were 22 conditions – some for the gas station and some for the convenience store; however, for the purpose of discussion, he agrees with Mr. Lee. In 1984, another area of the bylaw change – site plan review. When you want to change the site plan in Business District A, you need to go to the Planning Board. Therefore, they have filed two applications, one with the Zoning and one with Planning. Mr. Wernick stated we need to see the approval granted by the Planning Board. Mr. Shelmerdine the site plan review plan that was submitted consists of five sheets, but only sheet 4 of 5 is the actual proposal. The Planning Board voted 5-0-0 on May 7 to approve the site plan; however, the draft decision is being prepared tonight.
Mr. Lee stated he is not comfortable working on a plan that could be modified. He asked if Mr. Shelmerdine has a Planning Board decision now and Mr. Shelmerdine stated not yet. Mr. Lee stated we will incorporate their decision into our decision. Mr. Shelmerdine stated he will not ask to close this hearing tonight. Mr. Lee stated we will not allow two sets of plans. The Zoning Board will require one set and a decision approved by the Planning Board before we close and vote.
Mr. Lee asked why the plan before us is a good plan and why should we be in favor of it. Mr. Shelmerdine stated he doesn’t think this site plan approval belongs with the Planning Board. Mr. Lee stated it makes perfect sense for it to be with them. Mr. Shelmerdine stated the first plan was for three dispensers and now there is only two. They shifted the canopy to the right and turned the dispensers 60 degrees. Mr. Wernick asked how many dispensers and Mr. Shelmerdine stated each serves two cars on each side. Mr. Okstein asked if it will be posted one way in and one way out. Mr. Shelmerdine stated that currently it was two way, but if approved by the Planning Board one is two way and one is one way exit only. They are also working on signs with the Planning Board.
Mr. Ruskin asked why they are doing it this was and Jack O’Brien stated the two dispensers are located parallel to the store, which is not as convenient as it could be.. So, the new way is to have the dispensers perpendicular to the store, but they don’t have enough room on one side. They arrived at this configuration with the Planning Board and Tom Houston, which is why the canopy shifted to the right. Mr. Wernick feels it will be a tight turn. Mr. O’Brien stated the existing equipment is old and they need to refresh it. What is proposed is a complete renewal of everything and all the old stuff is coming out. Mr. Ruskin asked if there will be anything on the inside of the other entrance where you turn around or just arrows on the concrete. He thinks people could possibly have a problem. Mr. O’Brien stated a 30’ driveway is pretty wide and the State only requires 24. He feels this is pretty well controlled and is better than what is there now. Mr. Okstein asked why they can’t go off Maple Street and Mr. Shelmerdine stated there is a 4’ drop in grade there. Mr. O’Brien stated the driveway would take up parking spaces needed to serve the customers. Mr. Shelmerdine stated they have created a handicap space to meet ADA approval. Also, the current bylaw requires seven spaces and they are providing ten. Mr. Wernick stated they don’t have ten spaces unless they count the employee space. Mr. Shelmerdine feels the employee space was part of the original count. Mr. Barth asked if the air hose that is in the front of the building being moved and Mr. Shelmerdine stated yes. Mr. Wernick stated the flow on site is very constricted and Mr. Shelmerdine stated this is a constricted site.
Mr. Lee stated they have four pumps now and will end up with four plus everything will be new. He feels this is an improvement. Mr. Okstein feels cars will be backed up all over the site and asked how they will navigate this site. Mr. Wernick feels that presently it flows fairly well. Mr. Shelmerdine stted he will submit a memo dated May 4, 2012 from Tom Houston who was charged by the Planning Board to look at these issues. He stated that everyone is very comfortable with this including fire, police and Peter O’Cain. Mr. Barth asked if there is only one bay that is causing problems and Mr. Lee asked if queueing is a problem right now and Mr. O’Brien stated he thinks so. Mr. Wernick asked if Tom Houston has a detail of this and Mr. Shelmerdine stated he actually did it for the Planning Board. Also, they are changing the configuration of the building itself and there will be an historic color chosen. Mr. Lee questioned the setbacks and Mr. O’Brien stated 7’ to the rear; 19’ to the side. Mr. Barth questioned the dumpster in the back corner and Mr. O’Brien stated there will be a new solid enclosure around it. Mr. Shelmerdine stated they have special conditions from the Planning Board with regard to the dumpster as to type, screening, etc. Mr. Barth asked if they are designating one parking space for the employees and Mr. Shelmerdine stated yes, but they will have to move their car when the dumpster is picked up. Mr. O’Brien stated this will be like a new site when they are done. Mr. Okstein asked how long it will take to do this project and David Cougan stated a couple of months but they will remain open. Mr. Shelmerdine stated the canopy will be 30’x62 and presently it is 24’x24’.
Mr. Wernick questioned the lighting and Mr. Shelmerdine stated they submitted plans to the Planning Board for review of the landscaping, a sign package, architectural, and a lighting package. Mr. Lee stated it is appropriate that the Planning Board is reviewing these things. Mr. Shelmerdine stated they will remove the underground storage tank and put in new ones along with a diesel tank. Theywill be gong back to the fire department as they have to comply with State regulations and also need approval from the fire chief. Mr. O’Brien stated that all the equipment will be hidden so the area will look so much better than it does now. Mr. Wernick asked what they are doing in the back. Mr. O’Brien stated the back area is woods and a landscape engineer suggested leaving the maple trees there. Also a new fence will be added along the back along with firs and roses to be added. They are also enhancing the corner with roses and junipers and will put in a retaining wall with a decorative fence on top along Maple Street. Mr. Okstein questioned the fence. Mr. O’Brien stated it is by the Dickerman’s and it will be a 4’ black vinyl fence, so it will blend in. Mr. Wernick asked if the neighbors are okay with this and Mr. O’Brien stated they haven’t talked to them, but he thinks so.
Mr. Dickerman, Maple Avenue asked if they can extend the fence to 6’ and then taper it down after the first parking space on the Maple Avenue exit. There are a lot of scrub maples in this area. Mr. O’Brien stated they will consider that suggestion. David Cougan agreed also. Mr. Dickerman also thinks the area should have a berm. Mr. O’Brien stated the fence on the retaining wall is 3’ and it can’t be any higher. Mr. Lee stated that Mr. Dickerman is just looking for more protection for the neighborhood. Mr. Dickerman agreed and stated they should create a deterrent so the kids can’t hang out in this area. Mr. Shelmerdine stated they will look at this further. Mr. Lee asked them to work out the fence issues. Mr. Shelmerdine stated they have been working with the Planning Board and Zoning Board. They are working on the lighting and sign packages with Planning and will meet with them again on May 23. Mr. Lee stated the previous permit references “free air” and that was a requirement. Mr. Shelmerdine stated he will check on that. Mr. Lee feels that makes sense and encourages people to use this business and feels that requirement should continue.
Mr. Houston gave a brief presentation on queueing. Mr. Shelmerdine asked to continue this hearing to June 13, 2012. Mr. Lee continued this hearing to June 13, 2012 at 8:15 a.m.
It was moved, seconded and voted to adjourn. The meeting adjourned at 8:15 a.m.
Respectfully submitted,
Accepted 9/25/13