SHARON ZONING BOARD OF APPEALS MINUTES OF MAY 23, 2012
A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, May 23, 2012 at 700 p.m. in the Selectmen’s Meeting Room, Town Office Building. The following members were present: John Lee, Chairman, Lee Wernick, Larry Okstein, and Seth Ruskin.
Mr. Lee opened the meeting at 7:00 p.m.
7:00 p.m. Mazzotta, 257 S. Walpole Street, Case No. 1702 Continued Hearing: Mr. Lee read a letter asking the board to withdraw this application without prejudice. Mr. Wernick moved to allow the applicant to withdraw this application without prejudice. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, Wernick, Ruskin).
7:04 p.m. Target, Case No. 1701 Continued Hearing: The co-applicants, Target and Sharon CF II were represented by Atty. Robert Shelmerdine, Washington Street, Foxboro, MA. Also present was Katie Rivard, Target Project Manager, Kelly Killeen, Coler and Colantonio, and Richard Kershaw. Atty. Shelmerdine discussed the shifting of the proposed anchors, parking, landscaping and pedestrian fields. He stated they met with DRC and discussed their comments. On April 25, it was the consensus of the board that there were no major issues with shifting Target and the other stores. There was an issue with the access way and the board had asked them to come back with the large parking field. They are presenting that tonight, entitled Plan D-11.
Mr. Killeen stated that based on comments received from the peer consultant, they increased the width of the center median strip and the buffer along the east/west corridor. The do have an issue trying to maintain the previous vegetated slope as they don’t want to compromise the other open spaces. They have about 10’ of space available. They also need to maintain the truck access route. They also increased the center strip from 10’ to 12’. They are providing a walkway from the public open space to the buildings and would like the slope vegetate if possible. They will provide a 4-1 ratio. Mr. Ruskin asked what they are trying to accomplish in widening the parking lot and Mr. Killeen stated they need to create a more pedestrian friendly corridor. Mr. Okstein asked how they can make a less concrete jungle and Mr. Killeen stated they created it in quarters and will plant trees along the septic system. Mr. Shelmerdine stated the board asked them to provide full elevations and that is what is being presented tonight. Katie Rivard stated that you can see the front elevations when you drive into the lot now and you will be looking through the trees at Target. They have increased the width going in by two feet. The trees will be similar to what they showed the board before. Atty. Shelmerdine stated they will be mature trees. Mr. Killeen stated they will be 3 ˝” caliper and will grow to 30-35’. Mr. Lee stated that is industry standards. Mr. Killeen showed the board the previous material board and what they are proposing now and stated the materials will be the same. Mr. Kershaw stated that all the islands along the road to Target have trees. Atty. Shelmerdine stated there will be three rows of trees coming in. Mr. Lee asked why we don’t have the mall developer here and Mr. Kershaw stated he is representing them. Mr. Lee asked if they are totally good with this and Mr. Kershaw stated they feel this plan presents a better opportunity for them. Mr. Lee stated he is still concerned with the lanes going in and out. However, Target and the Congress Group want what is being presented. Mr. Kershaw stated they feel four lanes are required for this development, plus that is what Target wants. Katie Rivard stated they are concerned about turning traffic and feels this prevents confusion. Mr. Wernick questioned the pedestrian crosswalks and asked if they could put one in the middle. Katie Rivard stated yes. Mr. Ruskin stated the board is relying on Target and Tom Houston. Mr. Okstein stated he doesn’t want to create a log jam and he is fine as long as Tom Houston is fine. Mr. Houston stated that the applicant has responded to all of our comments.
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Target is concerned with the relationship of the entrance to the store and the entrance to the drive. We could include irrigation and special plantings that will be more rigorous. He suggested that the center island be widened and agrees that the four lanes provides good access to the street and the additional lanes minimize turning vehicles. From an access point of view this is more than adequate. He is pleased with what is before the board.
Mr. Okstein questioned the crosswalks. Mr. Houston stated they will be raised as will the speed bumps. They have a dual function. Mr. Wernick questioned an additional raised crosswalk and Mr. Houston stated that could be added. Mr. Wernick is worried about cars zipping down the road. Mr. Houston stated the chief of police recommended the placement of the crosswalks as presented. Mr. Lee questioned that with four lanes will we lose some of the life style centers as far as being pedestrian friendly. He asked if this is what town meeting approved. Mr. Houston feels this is consistent with the original vision.
Beth Green, Design Review Committee, 11 Huckleberry Lane stated she struggled personally with this. Target has been very agreeable and these changes have been dramatic. It just changes the whole perspective. A huge parking field in front – she doesn’t understand the justification. Why was it moved? She thought the intent was to make it more visible. Katie Rivard stated the main concern from Target is about guests driving in couldn’t see the parking field as they drive into the center. It was based on where they will be parking. Ms. Green stated to add a four lane leading into it is not acceptable. She feels it crosses the line from what the people in town expected and from a life style center. One of the main issues is the four lane roadway into the mall. Mr. Lee asked how many lanes off Old Post Road and Atty. Shelmerdine stated one each way. Mr. Lee stated vehicles coming in will have one lane and then it expands to two on each side. Mr. Killeen agreed and explained the breakdown of the road and the turning lanes. Katie Rivard stated that someone waiting to turn left will back everything up. There is also concern that the large theater would create a problem between Target guests and theater people. Atty. Shelmerdine stated the conflict begins and ends where the transitions start. Mr. Lee asked why this wasn’t identified when we started this process. We approved a plan before. This is not a minor modification. How did things change so much. Atty. Shelmerdine stated all these changes are due to Target’s recommendations and requests. Katie Rivard stated they took the plans to the final step for expenditures. They were clear they wanted to be in Sharon, but they couldn’t do it facing the other direction and would not approve it the way it was. They feel the change is necessary for the success of the entire shopping center.
Atty. Shelmerdine questioned the 6,000 s.f. building in the middle of the four lane highway. They are confused about it and because there is no crosswalk, he is not sure how they can get to it from Target. Mr. Lee stated that is where Mr. Wernick wants a crosswalk added. Beth Green stated it is hard to move buildings around without tenants. She doesn’t feel this is a pedestrian friendly box. Atty. Shelmerdine feels people will park in the closest parking lot and doesn’t think they will come across four lanes. Mr. Killeen stated they are trying to create openness for the outdoor restaurant seating. His comment to the DRC is they don’t want too many raised crosswalks. Someone coming in doesn’t want to cross over six raised crosswalks. They would take a different route instead. Atty. Shelmerdine stated there has to be a happy medium.
Dean Stratouli, Congress Group stated at one point these buildings were closely aligned. They created a parking area and moved things around. Mr. Lee stated the crosswalk is only a short distance away. Mr. Stratouli stated that is an 80% solution, not 100%.
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Ms. Green disagrees with Mr. Lee. 150’ is how far you would have to walk to a crosswalk and then 150’ more after crossing. If the board accepts the change, would there be more solar panels to mitigate this change. Mr. Lee stated you had previously said you would do this to Leeds standards although it is not a Leeds project. That is up to the tenants as to whether or not they want panels on their buildings. Mr. Wernick doesn’t feel the board should engineer this project. Mr. Stratouli asked how the board feels about a wind turbine. Mr. Okstein stated the tenant gets to choose to what extent they want solar. They are back tonight to make changes. Would Target be willing to mitigate more? Atty. Shelmerdine stated this is a Phase I modification, but what Ms. Green suggests would be a Phase 3 modification. Mr. Lee stated this is when we can negotiate. Katie Rivard stated that during the previous approval, Target and BJ’s submitted many letters addressing what they will be putting into the store. The cost of installing solar panels and electricity is not a feasible option. Mr. Stratouli stated that having recently been involved with solar emergency projects and wind turbines for the State, part of the issue is these stores are not high energy consumers. They don’t have the load of a typical office building. The wind turbines are more cost effective. Mr. Lee stated that the DRC makes a good point. They could possibly make some more concessions.
Mr. Lee asked for public comments.
Ed McSweeney, 68 S. Walpole Street stated he has been through a lot of changes and asked if the rest of the mall is going to change. If you approve this amendment, you will be stuck to approve the next one. Mr. Lee agreed and stated he feels his pain. We have approved a plan and there is a concern on his part also. He asked if BJ’s is coming in for a modification. Mr. Stratouli stated that the reality is they have gone through four or five years of horrific turmoil in the economy and retail business. They can’t change what the retailers are doing or what the American buyer is doing in the retail world. They are lucky to have two big stores. He went to MN and was told it either changes or they won’t do this. BJ’s called Target to see when they are going to get going as Target is holding them up. Mr. Lee gets the feeling this project is dependent upon Target and Mr. Stratouli stated it absolutely is. He has been assured this is the last change here. The other stores want to be open within twelve months of approval. Mr. Lee feels Mr. McSweeney’s question is legitimate. You could be back if another store wants to change something. The people in this town think the housing and the mall are tied together. Mr. Stratouli stated he has nothing to do with housing. They are stand alone projects that are in the same area and will use the same roads. Mr. McSweeney stated he is worried about the road. You are amending all this stuff on a dirt road. Mr. Lee asked what they are waiting for. Mr. Houston stated the applicant has 25% approval. They held back in case there are other modifications to the roundabout or the road. Mr. Killeen stated they are waiting on the roundabouts. Mr. McSweeney stated the neighbors have asked to discuss this. Mr. Houston feels Mr. McSweeney has some legitimate complaints, but the final approval will be given by the selectmen as street commissioners. They will take Ed’s comments very seriously. They are legally separate projects. Mr. McSweeney stated the road will be the biggest road in Sharon and it is going right by him. It was a cow path.
Steve Rosenbaum, 16 Boyden Lane stated town meeting voted and now it is being changed. He doesn’t this is right. He looks to Beth Green and she doesn’t approve of this. Feels the people should know what is going on. Mr. Lee stated this has been one of his concerns since the night the zoning change was approved. What you see here is what was approved. People had an image. Nothing over 80k. Now stores asked for a special permit which we approved. Do the people in town still support this?
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Kathy Hershfield, 33 Gavin Pond Road feels they are selling out. She feels this should be done right even if it is done slowly. The town voted a beautiful life style center. Once they do a big box store, it will be there forever, which is not aesthetically attractive. She feels they are selling out to the tenants. Mr. Wernick stated we are not selling to the will of the tenants, but the will of the marketplace. He doesn’t want this to fail.
An abutter stated the people he has talked to are okay with this. It will bring in revenue to the town, but they can’t do it slowly or we could end up with nothing here.
Steve Rosenbaum, 16 Boyden Lane stated we all voted for this. We wanted it, but don’t tell me you will be changing everything we wanted. This is not the way we envisioned this. Mr. Lee stated he hears everyone’s point.
Gary Engelson, 15 Boyden Lane feels we are heading in the wrong direction. What we were told and what we are being shown here tonight are not the same. When do you go from a life style center to another kind of mall. It is a slippery slope. They need to plan not just for today or tomorrow, but also the future. What did we have in mind when we voted for this.
Ray Samuels, 70 S. Walpole Street stated the most traffic that this mall will ever see is from Route 96 heading toward Boston. It is now hidden. You can’t see Target from Route 95. Why do we need to turn it? Why would you come to this mall if you can’t see it? Mr. Lee stated there will be a 60’ pylon sign that has already been approved. Mr. Samuels stated it was already approved one way by this board. Mr. Lee asked when does it go from being a life style mall to two big box stores with something in between. Mr. Samuels stated they changed the layout but not the landscaping. When you changed Target to face those houses, you changed the line of sight. This is not accurate of what is there today. What is before the board is an old picture. Mr. Lee stated any future renditions need to have an updated map and Atty. Shelmerdine agreed. Mr. Lee stated the issue before us is changing the layout and rotating the store. Mr. Okstein stated it is clear we have slipped. This is not what the people envisioned. Do the people of Sharon want nothing or something less than what was envisioned. It is our obligation to work with the developer. What do we do now? Mr. Ruskin stated this was always going to be a process that they changed as they went along. He feels we have two fabulous tenants and many people are in favor of this project. Mr. Houston agreed there have been changes from the original submission. The plan that is now before the board complies fully with the zoning bylaw and was voted by town meeting. Mr. Lee stated he is right but it was an image that was sold at town meeting. Not everyone agrees this is what was voted.
Ray Samuels, 70 S. Walpole Street feels the board needs to think about the people who live along here.
Ben Puritz, Town Administrator stated he concurs with Mr. Ruskin’s comments. What he hears from the town is when is this going to start. This is a deliberative community and most people support this and want it to happen. He feels that is a fair statement. The board has some solid commitments. The ZBA has a letter from Target with a commitment to proceed. This project is the equivalent of everything else existing in the town. He feels this will be a draw for Sharon. 2,000+ voters voted in favor of this and they want it to stay as true to the concept as possible. He doesn’t feel we have slipped, but just had to do some adjustments because of economic feasibility.
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Ed McSweeney stated this is a commercial project and the residents do need to be respected. It is not eminent domain. Mr. Lee stated we told them to make changes the last time because we didn’t like what they presented. There has been a lot of give and take on this project. Mr. Ruskin stated that is an important point. We have both made changes – them and us. Mr. Lee stated they need to talk to the Selectmen regarding the road. Mr. McSweeney asked the board to protect him. Mr. Ruskin stated we want to work with both sides. Mr. Samuels asked if we don’t change the orientation of the building, are they out. Katie Rivard stated they don’t have approval to build the previous plan. Mr. Samuels stated if that is what it is, he fully supports the turning of the building. Ms. Green stated that sounds like an ultimatum. Atty. Shelmerdine stated no one is issuing an ultimatum. Mr. Lee stated if we say lets vote no and see what happens, no ultimatum has been issued. Mr. Okstein stated the question becomes are we going to sit here and see what happens if we say no? He won’t do that. Mr. Stratouli stated they wouldn’t be before this board to ask for this change if they didn’t think it was imperative to do so. Target would not be here tonight if they thought they could leave it the way it was and it would work. They are saying the new plan would work. Katie Rivard stated they are not making an ultimatum. It is a testament to the Congress Group that they are still here with them in spite of the economy. Mr. Rosenbaum stated he doesn’t want to get bullied. We have to do it right. Atty. Shelmerdine would like the board to vote tonight on D-11. Mr. Wernick stated we need to discuss some issues – irrigation, crosswalks. Atty. Shelmerdine would like a sense of the board. Mr. Lee stated voting tonight will be himself, Mr. Wernick and Mr. Okstein. Mr. Rosenbaum stated he plans on canvassing his neighbors which would be about 2-300 people and will bring back the answer to the board as to whether or not they want this.
Mr. Lee continued this hearing to June 13, 2012 at 7:00 p.m.
8:50 p.m. Mr. Wernick and Mr. Okstein left the meeting.
8:52 p.m. Ephraim, 14 Massapoag Avenue, Case No. 1703: Mr. Lee read the public hearing notice and correspondence from Health Agent, Jim Andrews and Conservation Agent Greg Meister. He asked if they are planning on upgrading the septic system as part of this project and Mr. Ephraim stated absolutely. It would pass Title V now, but he doesn’t want any problems. He stated he always wanted to live on the lake. This is his third house in Sharon, which has very small rooms. They are going to leave the rooms as is on the first and second floor. The changes will be to the back of the house where they will get some extra living space. They will keep the setbacks as is on Massapoag Lane and will put a porch out front. All setbacks will be met. From the street, the house will look exactly the same as it does now. It was built as a summer house in 1879. He doesn’t want it to look boxy. It is four bedrooms now and will remain four bedrooms. The plan on page A-1 says existing, but it won’t be until they take it down. It is currently 2186 s.f. and they are adding 1972 s.f. to the house for a total of 4,143 s.f. It will be closed to being doubled. There are other houses over 4,000 s.f. in the neighborhood and also some smaller. It is an eclectic neighborhood. Mr. Lee stated his one concern is with the setback from Massapoag Lane. Right now the existing structure is 21.8’ and the new structure will increase the nonconformity. He asked that they make it smaller to stay within the setbacks.
David Katz, 71 Glendale Road: Mr. Katz is the general contractor and he stated they don’t want to increase the nonconformity. They are trying to keep it visually the same from the street. Mr. Lee asked if the 21.8’ is cantilevered out and Mr. Katz stated the bump out is a Victorian style. Mr. Katz stated Joe Kent was very clear that this is a prestigious part of town; therefore, the architect is trying to keep the design Victorian. Mr. Lee agrees.
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He stated that many people have come in and wanted to double the size of the houses on the lake. We don’t want to grant relief when it is not required. He asked if there is anything he can do to meet the 30’ setback zoning requirement. Mr. Ephraim stated that is where the kitchen table is going to go, so they would rather not change anything that would create a boxy house. His architect is on vacation, but he did say this balances the house. They respectfully ask they be allowed to do what is presented. Mr. Katz showed the board the existing front of the house and explained why he can’t change it. Mr. Lee asked if the kitchen is cantilevered and Mr. Katz stated yes. Mr. Barth questioned the three car garage and Mr. Katz stated the foundation will not be within the cantilevered section. Mr. Lee stated the basement level meets the setbacks, soothe footprint will conform. He asked them to have the architect change the plan to show the setback on the first level. He stated that two conditions if approved would be they need a new septic and D box and the foundation and footprint will meet the required 30’ setback. Mr. Katz stated the house is not straight, but it is at a 20 degree angle to Massapoag Avenue. It doesn’t jut out in the same way. It will visually look like there is an angle because of the way the house is set up. Mr. Lee stated the house doesn’t sit 90 degrees perpendicular to the street. Mr. Barth doesn’t think it looks like a Victorian and would like to see some embellishment to make it so and asked them to talk to their architect. Mr. Ephraim agreed. Mr. Katz stated they have not gotten to that level of detail, but will when it is approved. Mr. Barth asked if this is visual from the street and Mr. Katz stated the first thing you see is the neighbor’s house. You can’t see this until you are upon it. Mr. Lee asked if there were any neighbors here earlier and Mr. Katz stated no. He stated this will be betterment to the neighborhood. Mr. Ruskin feels the board can support this as it doesn’t violate any nonconformity. It is a unique and beautiful house. Mr. Lee stated an updated septic would strengthen the town’s position on this; however, he would like to see updated plans showing it does meet the required setbacks and they would become the plan of record. Mr. Katz stated he has been working closely with Joe Kent. This will remain an 1870 period house. Mr. Lee doesn’t want four feet of foundation sticking out as that wouldn’t fit the character of the neighborhood. Also, it is up to the developer to landscape this accordingly. Mr. Katz stated the house is landscaped in all directions possibly for drainage purposes and they will stay with the same natural pitch and the landscaping will be at the same high level. Mr. Lee asked if the roof line on the existing house will continue and Mr. Katz stated yes, it will not go higher. He asked if Mr. Ephraim is the current owner and he stated yes.
Mr. Ruskin moved to approve this request with standard conditions and two special conditions: 1) they shall provide an updated plan before proceeding with construction. They don’t have to put it in, it just needs to be ready; and 2) updated plot plan showing the foundation and the setback dimensions of 30’. Motion seconded by Mr. Barth and voted 3-0-0.
It was moved, seconded and voted to adjourn. The meeting adjourned at 9:30 p.m.
Respectfully submitted,
Accepted 9/25/13