SHARON ZONING BOARD OF APPEALS MINUTES OF NOVEMBER 28, 2012
A regular meeting of the Sharon Zoning Board of Appeals was held on Wednesday, November 28, 2012 at 7:00 p.m. in the Selectmen’s Meeting Room, Town Office Building. The following members were present: John Lee, Chairman; Seth Ruskin, Barry Barth, and Abe Brahmachari.
7:00 p.m. Mariner Tower, Case No. 1712 Continued Hearing: Mr. Lee read a letter dated November 23, 2012 from the Historic Commission. He also had talked to Eric Hooper regarding the well head and he was told that the cell tower location is out of the well head location.
Tiberius Herman, 236 Edgehill Road gave a letter to Mr. Lee. He feels a new in depth study needs to be done. Chris Ciolfi, representing Mariner Tower, stated they have already gone through the MEPA process and they have to look at Native American and will go through the tribal officer. As part of the federal review, they would call them in if they uncover anything. Mr. Lee stated if all the town boards are in concurrence, we would take that into consideration also. He asked where they are in the MEPA process and Chris stated it is currently being reviewed and he won’t ask for a building permit until they receive a full MEPA report. Mr. Barth stated he is comfortable with that but would like it to be a condition of approval. Mr. Ciolfi asked that if someone is going to be on the property, he would like to be noticed for both them and to protect the landowners. Mr. Lee stated there previously was a question of another cell tower approved at this site. Chris stated the board did approve T-Mobile to allow them to attach an antenna to an existing 85’ high structure. It wasn’t a new cell tower plus their permit has expired. However, the lease is in place for five years even though the permit expires in two years according to the ZBA decision. Mr. Lee stated we feel it is a dead issue as they have not acted on this within the two years. They would have to come back to us.
There were no further board comments.
Nancy Connor, 52 Canton Street stated she is in favor of this as she doesn’t get any reception at her house now. Mr. Ciolfi stated she will get a strong signal once this is complete. There were no further public comments. Mr. Ciolfi asked to close the hearing. Mr. Lee stated the applicant will work with town counsel on this decision. Mr. Lee moved to approve the application from Mariner Tower for a cell tower subject to the board’s standard conditions and special conditions as put forth by town counsel including the applicant will not seek a building permit until the MEPA process is complete. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, Ruskin, Barth).
7:24 p.m. 16 Castle Drive, Case No. 1715; 22 Castle Drive, Case No. 1716; 5 Castle Drive, Case No. 1717: Mr. Lee read the public hearing notice and stated the board will discuss each case concurrently as this is an ongoing legal case dating back many years and settled in March of 2011. Mr. DeLuca stated it was more than ten years ago. Mr. Lee stated the town chose to settle this and agreed to allow these single family homes to be built as per town counsel. Each one will have the exact same ZBA decision.
Robert Devin, attorney for the applicant, stated at the time of the certificate of completion, the applicant will make a $40,000 donation to the Sharon Housing Partnership. There were no public comments. Mr. Lee would like the board’s decision to be sent to town counsel.
Hal Kaplan, 20 Castle Drive asked if the way the houses are shown on the lot be changed and Atty. Devin stated the way it was submitted is the way it is approved. Mr. DeLuca stated he has an approved Board of Health plan and an Order of Conditions from the Conservation Commission and there is a foundation plan they must follow. It could change a little, but very little. Mr. Kaplan stated he would like to know exactly what is being done. He wants no surprises. Mr. DeLuca stated when the lots are staked, he will call Mr. Kaplan to walk the property. Mr. Kaplan stated he was here originally when these lots were denied. Mr. Lee stated the ZBA is agreeing with the court settlement. We are not giving a variance for this, but our hands are essentially tied. Mr. Kaplan wants everyone to be clear on what is being approved and he wants to make sure they are not going closer to his house, but they are not fighting this. Atty. Devin asked what lot is in question and Mr. Kaplan stated Lot 22. The attorney explained the location to Mr. Kaplan. He asked if there will be any blasting and Mr. DeLuca stated he is not sure. The attorney stated if there is blasting, they will do a pre-blast survey to determine the existing conditions pre and post blasting. Mr. Kaplan stated he is not comfortable with that. Atty. Devin stated if you don’t let them in, they will have no way establishing a base line as they need to check the walls and driveways. Mr. Kaplan stated he would like some protection in case something happens in the future and the attorney stated you will know if there is an issue right away. You have the right to have your house be in the exact same condition before and after any blasting. You will have clearly defined legal rights.
Mr. Lee closed the public hearings. Mr. Lee moved to approve Case No. 1715, 16 Castle Drive per the settlement agreement. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, Ruskin, Barth). Mr. Lee moved to approve Case No. 1716, 22 Castle Drive per the settlement agreement. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, Ruskin, Barth). Mr. Lee moved to approve Case No. 1717, 5 Castle Drive as per the settlement agreement. Motion seconded by Mr. Ruskin and voted 3-0-0 (Lee, Ruskin, Barth).
Mr. Okstein arrived at 7:45 p.m.
7:46 p.m. Sharon Common s, Case No. 1609-B: Mr. Lee read the public hearing notice and comments from Jim Andrews, Health Agent, dated November 27, 2011. Mr. Lee noted that correspondence was not received from the Conservation Agent, Greg Meister. Atty. Robert Shelmerdine stated they didn’t submit anything to the Conservation Agent as nothing has changed to this point. Mr. Lee stated we still need a letter from them stating they are okay with what is being proposed.
Sharon CF II was represented by Atty. Robert Shelmerdine, Foxoboro, who stated they are the developer of this mall. Also present was Kelly Killeen from Coler & Colontonio, Katie Rivard, from Target and Richard Kershaw, Congress Group. Atty. Robert Shelmerdine stated they met with the ZBA in early spring and last summer on this property and they have spent a lot of time working on this site plan. They are here tonight for the second part of this process. The plan is 70 plus pages and very detailed.
Kelly Killeen explained the difference between this Phase 2 plan and the previously approved Phase 2 plan. Atty. Shelmerdine stated tonight is not the end of the process. Mr. Killeen stated they put a two rail fence in the pedestrian corridor to isolate pedestrian traffic. They are proposing to use the same septic system as before. He reminded the board that Target and Bj’s are Phase I. Mr. Lee questioned the draining of the catch basins and Mr. Killeen explain it and showed him the revised plans, the movement of the wastewater treatment plant and planters to increase the green space behind the buildings.
Mr. Brahmachari asked for an explanation of Phase I. Tom Houston stated this started back in 2005 and the process has been ongoing since then. There is a site master plan and a Phase 3 process which deals with the aesthetics of the buildings. There was an initial design with an enclosed format. The Target store was turned 90 degrees. On July 25, the board approved the site in its current master plan configuration and the Phase 3 approvals were done in July 2011. This is the last hurdle before construction starts because Phase 1 and 3 have been approved. Mr. Ruskin asked if these changes are made to accommodate the changes made in Phase 1. Mr. Lee asked for public comments. Mr. McAvoy, 4132 Avalon asked why was the original one rejected. He doesn’t see this as walkable. Mr. Lee stated it wasn’t rejected. This works better for the applicant. Mr. Okstein stated the applicant made changes based on the market changes. We have been trying to retain as much walkability as possible.
Ed McSweeney, Old Post Road asked what is the final elevation of the mall and parking lot. Mr. Killeen stated about 282’. Mr. Lee asked if that has changed significantly since the approval of Phase 2 in 2008 and Mr. Killeen stated it has never changed substantially. It was possibly at 280’ and a year ago it was at 281’. Mr. McSweeney presented a picture of the way the land is now. He asked where the water is going to go as he is at 260’. He feels there are issues and this needs to be studied more. Mr. Houston stated the run off from the entire site is being directed to either a central area or it will be recharged and will drain toward Shaw’s or southerly. Mr. McSweeney is to the north and east. He guarantees that none of the water from the shopping mall site will affect Mr. McSweeney. They have talked with Greg Meister, Conservation Agent and they have agreed there will be no discharge into the pond. Mr. Killeen stated this has been an ongoing concern. Mr. McSweeney asked if water seeks the lowest point and 290’ to 260’ is a steep hill. He asked if there will be emergency pumps. Mr. Lee stated they are trying to engineer this so that water flows into the constructed wetland so it will be put on their own property. He asked if there is a concern with mounding and Mr. Killeen stated no as it is essentially the same. Mr. McSweeney stated water will seek the lowest point. They are raising Target because they don’t want water issues in front of that store. He asked if they can catch it all and Mr. Houston stated yes. 100% of the water is being directed under South Main Street to Gavin Pond. Mr. McSweenty asked what about the water from Moose Hill, where will that go. Mr. Brahmachari asked the elevation of the constructed wetland and Mr. Killeen stated it starts at 260’, 280 and then back to 258. Mr. Houston stated the elevation of the construction wetland versus the pond, the cut is about 25’ He feels everything will be just fine.
Mr. McAvoy, Avalon asked if the water will be used and recycled and Mr. Houston stated yes, 100% will go back into the ground. Mr. Lee stated this is not a “green” project. Mr. Houston stated there will be no irrigation system.
Sara Tedford , 31 Laurel Road would like to know where the project is at this moment and Mr. Houston explained it to her. Sara Tedford asked what work on the site has been done and if the infrastructure is in yet. Mr. Shelmerdine stated they have done some preliminary land clearing and some minimal leveling. No infrastructure is done yet as it is based on these permits. They have Phases 1 and 3 approved and this is Phase 2. This is the end of the permitting process. Mr. McSweeney stated there was a discussion with the DRC to have counsel for the neighbors, has that happened? Mr. Lee stated that doesn’t belong before this board.
Mr. Lee continued the hearing to January 9, 2013 at 7:00 p.m.
It was moved, seconded and voted to adjourn. The meeting adjourned at 9:00 p.m.
Respectfully submitted,
Accepted 9/25/13