SHARON ZONING BOARD OF APPEALS MINUTES OF JULY 25, 2012
A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, July 25, 2012 at 7:00 p.m. in the Selectmen’s Meeting Room, Town Office Building. The following members were present: John Lee, Chairman; Lee Wernick, Seth Ruskin, and Barry Barth (7:09 p.m.).
7:07 P.M. DKW Builders, 19 Dunbar Continued Hearing, Case No. 1705: Pat Tiller, an abutter, stated he is okay with everything at this point. Mr. Lee stated the driveway will be on the side street as shown on the plan. Linda Tiller, Bradford Street, wanted to make sure it is the same plan and Mr. Welch stated it is. Mr. Lee stated there will be no turnaround. It will be a straight driveway. There were no public comments. Mr. Lee read a memo from Greg Meister stating he has no issues. Mr. Wernick moved to approve the application for 19 Dunbar with the board’s standard conditions and three special conditions. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, Wernick, Ruskin).
7:10 p.m. Sharon Commons, Case No. 1710: Mr. Ruskin read the public hearing notice. Mr. Lee stated that at the June 13, 2013 meeting, Target asked to withdrawn their application without prejudice. This hearing is a modification to an approved plan. Atty. Robert Shelmerdine, Tom Carico and Katie Rivard were present from Target, Dean Stratuli, Sharon Commons II and Kelley Killeen, Site Engineer were also present. Also present was Richard Gelerman and Lisa Whelan, town counsels for Sharon. Mr. Shelmerdine stated that what is before the board tonight is the current approved Phase II plan which was approved last June. Target has asked for changes to the Phase I layout and tonight they are back with a brand new application. They submitted an application on June 29, 2012 with plans attached to the application. Since then, there have been some revisions that they would like approved. Target is facing due East. They moved a cluster of buildings to the south of Target. They did add some s.f. to a store and have two lanes in and two lanes out per request of Target. They have added curvage in the roads, pedestrian walkways and a fence location. Since June 29, 2012, Mr. Houston, Bob Shelmerdine, and Kelly Killeen have met with the fire chief on July 17, 2012 and he submitted a letter in support of this. They also met with Deputy Chief McGrath and he generated a letter on July 20, 2012 in support of this project. They met with the DRC on July 18, 2012 and they generated an email on July 22 in support also. All they are doing is changing the northern portion of the parcel. They have also become aware of the fact that Mr. Houston has generated a draft decision for the board’s consideration. Mr. Wernick questioned the pedestrian areas and Mr. Killeen explained it to him. Mr. Shelmerdine stated that Sharon CFII and the Target Group have worked to make the entranceway and four lanes softer. The cross walks are all raised, meaning the whole platform, so traffic will drive at a reasonable speed. Mr. Barth asked why the road is curved instead of straight now and Mr. Shelmerdine stated it is more attractive and will look more like New England. They are trying to create three separate locations. Mr. Barth questioned they are obligated to do what is shown on the plan and Mr. Lee stated yes. Mr. Ruskin questioned the canopy of trees and asked if they are still there. Mr. Houston stated they have been incorporated into the plan. Also, the fence will preclude crossing the roadway. The design is to be determined although it is labeled as a two rail fence. Mr. Shelmerdine stated there will be more detail added to Phase II. Mr. Lee asked that the DRC send us a copy of their unanimous vote in writing. He also told Mr. McSweeney that his water connection is shown as condition #138.
Frank Gobbi, 91 Old Post Road said he spoke with Richard Kershaw and his concern is the stockade fence that is falling down.
Mr. McSweeney, 68 S. Walpole Street asked how we proceed from this point. Mr. Shelmerdine stated Phase I will be approved and then Phase II. They will come back quickly with a new Phase II overall site plan. Phase III gets into the actual buildings. Mr. Lee stated we have already approved these so there will be modifications.
Richard Gelerman, town counsel, stated he is working with CFII and Target. They have work very hard to address the ZBA’s concerns as reflected in the revised plans and we appreciate that. Mr. Shelmerdine asked to close the hearing. Mr. Wernick moved to close. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, Wernick, Ruskin).
Mr. Wernick moved to approve the application of Sharon Commons as per the draft decision submitted by Thomas Houston and as approved by town counsel. Motion seconded by Mr. Ruskin and voted 3-0-0. Mr. Houston will be filing the decision with the town clerk and noticing the abutters of the board’s vote.
7:40 p.m. Green Renewable, LLC, Commercial Street, Case No. 1709. Mr. Ruskin read the public hearing notice. Mr. Lee read correspondence from Jim Andrews and Greg Meister. He also stated that Richard Gelerman and Lisa Whelan, Sharon’s town counsel, are present. The applicant was represented by Atty. Joel Fishman. Mr. Lee asked Atty. Fishman if the issues regarding the turnaround have been addressed. He reminded them there is no grade greater than 10% on the site. Mr. Lee read an email regarding abutter notification. Mr. Fishman stated the closest Walpole abutter is 750’ away. Mr. Lee stated there has been a lot of work by town counsel, the applicant’s engineer and Tom Houston. Our intent is to make this go very smoothly. Mr. Fishman stated that Jeff Wooten, Broadway Electrical is the solar contractor; Dale Casswell is the respective owner and Don Myers is the engineer. Mr. Fishman stated that Tom Houston did a peer review on 7/8/12 and there was also a Notice of Intent. He stated there are four letters from town counsel, 1/31, 2/16, 6/15, 7/23 in the packet. Mr. Lee moved to approve the application from Green Renewable, Case No. 170 9 with standard and special conditions. It was further agreed that town counsel and Atty. Joel Fishman will prepare a decision for the board’ s endorsement. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, Ruskin, Wernick).
8:24 p.m. Richard Drisko, 105 Beach Street, Case No. 1706: Mr. Ruskin read the public hearing notice and Mr. Lee read comments that were received from the health agent and the conservation agent. The applicant was represented by Joel Fishman, Esq. He present pictures and stated they met with Joe Kent, Greg Meister and Jim Andrews and they were okay moving the footprint closer to the wetlands. The actual house is 26’ from the property line. The current footprint is 1120 s.f. and the proposed is 1162 s.f. They tried to keep it as close to what is there as possible. Mr. Lee asked if the deck on the front is included and Mr. Fishman stated no. There is a deck and a porch which is not a structure according to Joe Kent because it is in the front and not enclosed. Mr. Lee questions that statement. Mr. Fishman stated that is what Mr. Kent told him. In the back, it is a structure because it is harder to monitor; in the front, it is not a structure. Mr. Lee asked if there is living space above the deck and the applicant’s architect, Sara stated no. She also stated they will not move anything too far back toward the wetlands. The second floor is underneath the roof. She walked the board through the floor plan. There will be three bedrooms on the second floor and one on the first and two bathrooms. Mr. Lee asked if there will be a garage under and Sarah stated yes and a foundation under the entire house. Mr. Lee asked if she reviewed this with Joe Kent and she said yes. Mr. Lee is concerned it will be sitting too high on the lots and will be detrimental to the neighborhood. Mr. Fishman stated no one will be blocked. Mr. Lee stated we had approved something on Beach Street and what was built was much higher. Mr. Fishman stated they talked to Joe Kent and modified the plan to make this less massive. Mr. Lee stated there is a 6’ grade from the bottom of the steps to the first floor. Sarah stated the living room steps down so the front of the house will be a little lower. No foundation will be exposed. There were no public comments.
Mr. Okstein left at 8:40 p.m.
Mr. Lee stated the issue is putting a large house on a small lot. Mr. Fishman stated the footprints are very close – only 42’ difference. Mr. Wernick stated in tax terms, it shouldn’t have been built but it was. Mr. Fishman stated they have a cesspool now but will be putting in a new septic.
Mr. Fishman asked to close the hearing. Mr. Wernick moved to close. Motion seconded by Mr. Barth and voted 3-0-0 (Barth, Ruskin, Wernick). Mr. Wernick moved to approve Case No. 1706 with the board’s standard conditions and the special condition that we will amend the plan to be part of the conditions. Said plan is dated 5/25/12 and a plot plan is dated 3/30/12. Further there will be no living space in the basement. Motion seconded by Mr. Ruskin and voted 3-0-0 (Wernick, Ruskin, Barth).
8:50 p.m. Thomas Liang, 7 Capen Hill Road, Case No. 1708: Mr. Ruskin read the public hearing notice and Mr. Lee read correspondence from the health agent and conservation agent and a letter from an abutter, Schlossberg, dated July 24, 2012 who feels the addition is too large and will look inconsistent with the other neighbors and will violate the setbacks.
James Michael, the architect, stated the house 1560 s.f. and the proposed addition is 12’x24’ being added to the master bedroom and also an adjacent bath and walk in closet. There will be a deck over the top. They have made an effort to lower the building. Access to the deck is via cantilevered stairs. In the basement they have added laundry space and storage for landscaping materials such as a wheelbarrow. There is an existing play room that will remain. In order to keep it the way it is they require a 30’ encroachment into the setback. Because of the placement of the septic system, there is really nowhere else to go. Mr. Lee stated the ZBA rarely gives relief to the setback. He has an issue with some of the things outlined. Mr. Wernick is also concerned. Mr. Michael stated he has many houses with big additions, such as the next door neighbor. Mr. Lee stated but they don’t come to us for relief. We would be creating a nonconformity. We could vote this, but he is not sure it would be to the applicant’s best interest. He feels we should continue this and let them review their alternatives to address some of the issues. Mr. Michaels stated the neighbor lives at 220 Massapoag Avenue. Mrs. Liang asked what the concerns are. Mr. Michaels stated the height, although it is actually lower. Mr. Lee feels the problem lies with the setback. He suggests they continue and come back with a plan not seeking setback relief. Sharon Shadowski, an architect, suggested maybe a land swap. Mr. Lee stated that would address the problem. This hearing was continued to September 12, 2012 at 7:00 p.m.
9:12 p.m. Gennady Kosovkiy, 10 Chase Drive, Case No. 1707: Mr. Ruskin read the public hearing notice and Mr. Lee read correspondence from the health agent and conservation agent. The applicant stated he wants to build a small addition on the back of his house. It is a three bedroom home and will remain a three bedroom. There will be no traffic increase and will be building toward the back of the property. Mr. Wernick asked if he is going to move the wall and combine the two doors into one and Mr. Kosovskiy stated yes to make a bigger bedroom. Mr. Lee stated our issue is that it is on a nonconforming lot, but he is not asking for any relief from setbacks. Mr. Wernick asked if they are asking for relief on the right side of the house and the applicant stated yes. Mr. Lee stated he is not totally comfortable with the plans but will cite them in the decision.
No public comments or abutters present.
The applicant asked to close the hearing. Mr. Wernick moved to close. Motion seconded by Mr. Okstein and voted 3-0-0 (Wernick, Lee, Okstein).
Mr. Wernick moved to approve this application with the board’s standard conditions and four special conditions including 1) plans and dates are to be included – certified plot plan dated 5/9/12; architectural plans dated 5/6/12; and a plan stamped by a NH architect needs to be stamped by a MA land surveyor; 2) it is and shall remain a three bedroom house; 3) only one doorway into the bedroom as discussed; and 4) any walls between the two parts of bedroom #1 shall be removed. Motion seconded by Mr. Okstein and voted 3-0-0 (Lee, Okstein, Wernick).
It was moved, seconded and voted to adjourn. The meeting adjourned at 9:35 p.m.
Respectfully submitted,
Accepted 9/25/13