FALL SPECIAL TOWN MEETING

FALL SPECIAL TOWN MEETING

NOVEMBER 5, 2007

Pursuant to the provisions of the warrant of October 2, 2007 the inhabitants of the Town of Sharon qualified to vote in town affairs met at the Arthur E. Collins Auditorium at 7:00 P.M.

The meeting was called to order by Moderator Paul E. Bouton. The Moderator said that in the absence of any objection he would assume that there was unanimous consent to waive the reading of the call and return of the warrant by Town Clerk Marlene B. Chused. There was no objection to this request.

The Moderator said that in the absence of any objection he would assume there was unanimous consent to allow the following non-voters to address the meeting: Dick Gelerman, Mark Mazur, Eric Hooper, Peter O’Cain, Dennis Mann, Norma Simons-Fitzgerald, Greg Meister, Marshall Bradstreet, Jason Talerman, John Kusmiersky, Marty Spagat, Robert Davis, John Twohig, Chris Regnier, Timothy Sullivan, Robert Daylor, Robert Vanasse, John Connery, Lynne Sweet, Dean Stratouly, Liam Patterson, Richard Kershaw, Jennifer Steffen, Richard Rudman, Katie Burgener, Michael T. Intoccia, Michael Wang, Mark Racicot.

HOUSEKEEPING PROCEDURE – No vote was necessary.

In order to correct a numbering error which occurred in Article 31 of the Annual Town Meeting of May 5, 2007, such article must be resubmitted to the Attorney General’s Office without any change except that the by-law created under Article 31 should be numbered By-Law Article 2(B) rather than By-Law Article 2(C).

VOTED: That the meeting adjourn at 11:00 P.M. or at the close of the Article then under discussion and to reconvene on Tuesday evening November 6, 2007 at the Arthur E. Collins Auditorium at 7:00 P.M.

VOTED UNANIMOUSLY: That whenever at this Town Meeting a majority or two thirds vote is required by statute, by-law or rule of procedure, a count need not be taken, or recorded by the clerk but may be publicly declared by the moderator. If a vote so declared is immediately questioned by seven or more voters, the count shall be taken, and the vote shall be recorded by the clerk; provided, however, that if the vote is unanimous, a count, need not be taken and the clerk shall record the vote as unanimous.

VOTED: That once final action is taken on an article, the matter may not again be taken under consideration at that town meeting unless in the best judgment of the Moderator, a significant error or omission occurred in the language or the process of the original action on the article, or a significant change of circumstances has occurred, such that there is a substantial likelihood that the outcome could change upon reconsideration or that reconsideration would be in the Town’s best interests. Such errors, omission or changes of circumstances shall be brought to the Moderator’s attention as soon as they are known, and the Moderator shall determine if and when the matter will be taken up. The Moderator shall announce this decision to the town meeting. If the Moderator determines that the matter may be taken up pursuant to this motion, a majority vote shall be necessary in order to proceed with reconsideration.

ARTICLE 1:

MOTION: That action under Article 1 be indefinitely postponed.

MOTION: To call the question. CARRIED. A STANDING VOTE. VOTES IN THE NEGATIVE 149. 2/3 VOTE DECLARED BY MODERATOR.

VOTED: That action under Article 1 be indefinitely postponed. (This article was to amend sections of the Zoning By-Laws referring to the Senior Living Overlay District in which Sharon Hills is proposed to be built.)

ARTICLE 2.

VOTED: That action under Article 2 be indefinitely postponed. (This article was to amend sections of the Zoning By-Laws referring to the Senior Living Overlay District in which Sharon Hills is proposed to be built.)

ARTICLE 3.

MOTION: That action under Article 3 be indefinitely postponed.

MOTION: To call the question. CARRIED. 2/3 VOTE DECLARED BY MODERATOR.

VOTED: That action under Article 3 be indefinitely postponed. (This article was to amend sections of the Zoning By-Laws referring to the Senior Living Overlay District in which Sharon Hills is proposed to be built.)

The Moderator stated that he is a partner in a law firm representing one of the owners of property involved in Articles 5 through 9 of this Special Town Meeting. Therefore, he recused himself for those articles and had Paul Pietal serve as Moderator.

ARTICLE 4.

VOTED: That the Town amend Article 1 of the General By-Laws to add a new Section 7 as follows:

SECTION 7. A motion to reconsider any prior votes of town meeting shall not be accepted, except when, in the best judgment of the Moderator, a significant error or omission occurred in the language or process of the original action on the article, or a significant change of circumstances has occurred, such that there is a substantial likelihood that the outcome could change upon reconsideration or that reconsideration would be in the Town’s best interest. Such errors, omission or change of circumstances shall be brought to the Moderator’s attention as soon as they are known, and the Moderator shall determine if and when the matter will be taken up. The Moderator shall announce this decision to the Town Meeting. If the Moderator determines that the matter may be taken up pursuant to this Section, a majority vote shall be necessary in order to proceed with reconsideration. A STANDING VOTE. VOTES IN THE AFFIRMATIVE 167. VOTES IN THE NEGATIVE 163.

ARTICLE 5.

VOTED UNANIMOUSLY: That the Town Amend the Zoning By-Laws of the Town of Sharon, Massachusetts dated June 2005 as last amended on May 7, 2007 by amending Sections 2329, 2463, and 6342 exactly as printed on pages 34 – 36 of the Warrant for this Special Town Meeting except for deletion of the words, appearing on page 36, “or take any other action relative thereto.”

Amend Section 2329

Amend “2329. Business District D Performance Standards.” by deleting the second paragraph thereof “All roadways within 3,000 feet of the project site…shall conform to MassHighway requirements.” and replacing it with the following:

All roadways within 3,000 feet of the project site accommodating more than two-hundred (200) vehicle trips per hour generated by sites in the Business District D shall be improved to Collector Street Standards as set forth in the Land Subdivision Rules and Regulations of the Sharon Planning Board. Reconstruction within public ways shall be subject to approval of a 100 percent Design Submission of the Roadway Improvement Plans by majority vote of the Board of Selectmen acting as Street Commissioners. A Sketch Plan Submission, a 25 Percent Design Submission and a 100 Percent Design Submission of the Roadway Improvement Plans are required. The content of the Sketch Plan Submission shall graphically depict the location, alignment, and number of lanes for existing and proposed roadways and abutting land uses. The content of the 25 Percent Design Submission and the 100 Percent Design Submission shall conform to MassHighway requirements.

Replace Sections 2463

Delete Section “2463. Lot Coverage and Open Space” and replace it with the following:

2463. Lot Coverage and Open Space:

Maximum lot coverage:

Business Districts A and C: Twenty-five (25)percent for single family and two-family residential uses and thirty-five (35)percent for multi-family residential uses.

Fifty (50) percent for all other uses.

Business District B: Twenty-five (25) percent for residential uses.

Twenty (20) percent for all other uses.

Business District D Twenty (20) percent excluding parking decks.

Professional Districts: N/A

Minimum Landscaped Open Space Coverage including Natural Vegetation Areas:

Business Districts A and C Thirty (30) percent

Business District B N/A

Business District D Thirty-five (35) percent

Professional District N/A

Lot coverage and open space allowed by Special Permit from the Board of Appeals in Business Districts A and C. Maximum lot coverage may be increased to not more than eighty-five (85) percent of total lot area and minimum landscaped open space coverage may be reduced to not less than fifteen (15) percent of total lot area by Special Permit from the Board of Appeals. In granting a Special Permit for increased lot coverage or decreased landscaped open space coverage, the Board of Appeals shall determine that the Special Permit facilitates inclusion of amenities or facilities that provide for the public benefit or convenience. Typical site improvements which may be deemed as public benefits or convenience when in compliance with the following:

(1) When street plantings are provided along the entire street frontage for non-residential uses, except at drives and except when neither a street setback nor a buffer zone is required. The required plantings should generally be located between the street and the build-to line.

(2) When curb cuts are consolidated either on a single lot or between abutting lots resulting in better traffic circulation and safety.

(3) When landscaping exceeding the minimum parking lot standards is provided. Trees and soil plots shall be so located as to provide visual relief and wind interruption within the parking area, and to assure safe patterns for internal circulation.

(4) When enhanced screening of dumpsters, refuse areas, and loading bays is provided for adjacent streets and properties. Plantings should be supplemented by an opaque fence or wall at least six (6’) feet tall.

(5) When a septic system is installed that provides enhanced treatment capability or where the lot is encumbered by easements that facilitate provision of a shared septic system with enhanced treatment capability.

(6) When the building and façade design are compatible with the promotion of architectural elements described in the Design Guidelines for the Town Center Business District.

Amend Section 6342

At the end of the fifth sentence of the first paragraph of Section “6342. Review Fees” delete“19” insert “20” such that the sentence reads as follows:

These funds may only be expended only for the purposes described in Section 4.02 above, and in compliance with the Uniform Procurement Act, M.G.L. c 30B, §§ 1-20;

ARTICLE 6.

VOTED: That the Town accept and/or acquire by gift, for roadway purposes, the fee or easement rights in land adjacent to Laurel Road and Old Post Road as may be necessary or appropriate to create a dead end cul-de-sac at the end of Laurel Road in accordance with changes to the layout of Laurel Road and Old Post Road as may be approved by the Board of Selectmen.

And further to authorize the Board of Selectmen to enter into such agreements, accept such deeds or other instruments, and execute such documents as may be necessary to accomplish the foregoing.

ARTICLE 7.

MOTION: That the Town Amend Article 12, the Sign By-Law of the Town of Sharon, Massachusetts by amending Sections 3.1, the Section entitled “Signs in the Business A or Business C Districts”, Section 4.3, Sections 5.4.1 and 5.4.2, and inserting a new Section 5.5 exactly as printed in a handout attached hereto and entitled “FINAL COPY OF ARTICLE 7 INCORPORATING ALL REVISIONS FOLLOWING PUBLICATION OF THE SPECIAL TOWN MEETING WARRANT, BOARD OF SELECTMEN.”

To see if the Town will Vote to Amend Article 12 Sign By-Law of the Town of Sharon, Massachusetts as follows:

Amend Section 3.1

Amend “3.1 Sign Committee” by adding the following at the end:

a) The sign Committee shall act on applications and appeals for all signs except as set forth in paragraphs b and c below.

b) The Planning Board shall act as the Sign Committee for all signs for a facility within Business Districts A and C and for off-premises signs pertaining to a facility in Business Districts A and C in lieu of the Sign Committee created under this Section 3.1 and references to the Sign Committee are deemed to reference the Planning Board. All applications for sign approvals for a facility within and for off premises signs pertaining to a facility in Business Districts A and C shall be submitted to the Sign Committee created under this Section 3.1 in addition to the Planning Board, and the Sign Committee shall be given an opportunity by the Planning Board to provide its comments on each such application.

c) The Board of Appeals shall act as the Sign Committee for all signs for a facility within Business District D and for off-premises signs pertaining to a facility in Business District D in lieu of the Sign Committee created under this Section 3.1 and references to the Sign Committee are deemed to reference the Board of Appeals. All applications for sign approvals for a facility within and for off premises signs pertaining to a facility in Business District D shall be submitted to the Sign Committee created under this Section 3.1 in addition to the Board of Appeals, and the Sign Committee shall be given an opportunity by the Board of Appeals to provide its comments on each such application.

Amend the Section entitled “Signs in the Business A or Business C Districts”

Amend the Section entitled “Signs in the Business A or Business C Districts” by deleting at the beginning thereof the first two sentences thereof as follows:

Delete “For all signs located or proposed to be located in either the Business A or Business C zoning districts, the Planning Board shall act as the Sign Committee in lieu of the Sign Committee created under Section 3.1. All references in this Article 12 to the Sign Committee shall for such signs be deemed to be the Planning Board.”

Amend Section 4.3

Amend “4.3 Off-Premises Signs” by deleting Section 4.3 in its entirety and replacing it with the following:

4.3 Off-Premises Signs.

4.3.1 Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services, or activities on the premises shall be allowed, except as provided in Sections 4.3.2 and 4.3.3.

4.3.2 Permanent off-premises directional signs, designating the route to an establishment not on the street to which the sign is oriented, may be erected and maintained within the public right-of-way at any intersection if authorized by the Selectmen, or on private property if authorized following design review and hearing by the Sign Committee subject to the following:

a) Such signs shall be permitted only upon the authorizing agency's determination that the sign will promote the public interest, will not endanger the public safety, and will be of such size, location, and design as will not be detrimental to the neighborhood.

b) At locations where directions to more than one establishment are to be provided, all such directional information shall be incorporated into a single structure.

c) All such directional signs shall be unlighted and the maximum Sign Area shall be limited to four (4) square feet, except that the maximum Sign Area shall be limited to nine (9) square feet for directional signs that serve a facility in Business District D and are located at the intersection of South Main Street and Old Post Road, at the intersection of South Main Street and the I-95 ramps, and on the segment of Old Post Road between South Main Street and a point thirty six hundred (3,600) feet north thereof.

4.3.3 Permanent off-premises freestanding signs pertaining to facilities located in Business District D and to the businesses, products, accommodations, and services provided in said facilities are allowed within Residential Districts only if located in the northwest quadrant abutting the intersection of South Main Street and Old Post Road and within 160 feet of the intersection of the centerlines of South Main Street and Old Post Road, if authorized following design review and hearing by the Sign Committee subject to the following:

a) Each lot in Business District D is limited to one off-premises entrance sign and one off-premises pylon sign.

b) Off-premises entrance signs shall be monument signs having a maximum height of ten (10) feet above the adjoining ground plane and a maximum Sign Area of one hundred fifty (150) square feet. Off-premises pylon signs shall have a maximum height of thirty (30) feet above the adjoining ground plane and a maximum Sign Area of three hundred fifty (350) square feet.

c) The provisions of Section 4.2.1 shall not apply to off-premises monument entrance signs. Off-premises monument entrance signs shall be externally illuminated by a steady, stationary light shielded and directed solely at the sign face. No illumination shall be permitted which casts glare onto any residential structure or onto any portion of a way so as to create a traffic hazard, or which results in average face brightness exceeding 60 foot-lamberts.

d) The provisions of Section 4.2.1 shall not apply to off-premises pylon signs. Off-premises pylon signs shall only be illuminated by one of the following lighting methods: (i) external illumination that is shielded and directed solely at the sign face; (ii) halo illumination; and (iii) push through illuminated letters on an opaque sign panel. All such illumination shall use a steady, stationary light. No illumination shall be permitted which casts glare onto any residential structure or onto any portion of a way so as to create a traffic hazard, or which results in average face brightness exceeding 60 foot-lamberts. Between the hours of 12:00 midnight and 6:00 am, illumination shall be directed at, around or through only the names of the stores that are open for business during that time, and if any store is open, the name of the lifestyle shopping center.

e) Off-premises signs shall not be located within 5 feet of any property line, within 100 feet of any residence, or within the minimum sight distance triangle required to provide intersection sight distance at intersections in accordance with American Association of State Highway and Transportation Officials (AASHTO) requirements.

Amend Section 5.4.1

Amend “5.4.1 Permanent Wall Signs” by deleting the last sentence of subsection “b. Area” which was last amended at the Special Town Meeting on March 12, 2007 as follows:

Delete “The foregoing sentence notwithstanding, the maximum area of each wall sign in the zoning district “Business District D” shall be one hundred fifty (150) square feet.”

Amend Section 5.4.2

Amend “5.4.2 Permanent Projecting or Free Standing Signs” by deleting the last subsection “d” which was last amended at the Special Town Meeting on March 12, 2007 as follows:

Delete “(d). The foregoing provisions of Section 5.4.2 notwithstanding, each permanent projecting or freestanding sign located in the zoning district “Business District D” may have an area equal to eighty (80) square feet for every fifty thousand (50,000) square feet of floor area located within the project which said sign identifies, and may also have a height equal to the maximum height permitted for buildings located in said zoning district “Business District D.”

Insert a New Section 5.5

Insert a new Section “5.5 Additional Permitted Signs in Business District D” and renumber the current Section 5.5 as Section 5.6 as follows:

5.5 Additional Permitted Signs in Business District D. The following signs are permitted in Business District D, provided that all such signs shall comply with the objectives and design standards for Business District D under the Zoning By-Laws, including Sections 2327 and 2328 thereof.

5.5.1 Permanent Wall Signs. Signs (other than temporary signs) attached flat against a building or visible through its windows are permitted as follows:

a. Primary Wall Signs: One primary wall sign containing a business name is permitted per occupant per façade where wall signs are permitted; provided, however, that the largest anchor store shall be permitted to have multiple primary wall signs on a single façade, but only in the event that the Board of Appeals acting as the Sign Committee determines that the signage is consistent with the design standards for Business District D after taking into account the total amount of signage for the store.

b. Accessory Wall Signs: Accessory wall signs are permitted where wall signs are permitted for stores with a floor area of 10,000 square feet or greater that identify types of products and services, but not brand names or businesses, associated with the particular occupant using such accessory wall signs.

c. Facades: Primary and accessory wall signs are limited to a maximum of three (3) facades for each building; provided, however, that the largest anchor store shall be permitted to have a wall sign on the fourth façade, but only in the event that the Board of Appeals acting as the Sign Committee determines that the signage is consistent with the design standards for Business District D after taking into account the total amount of signage for the store.

d. Location: Wall signs may not extend above or beyond the end of the wall or roof to which it is attached and not projecting perpendicularly for more than (6) six inches.

e. Cumulative Area: maximum area encompassed by all wall signs shall be determined in accordance with the provisions of Section 5.5.7.

f. Sign Area: The primary wall sign for each occupant shall be limited to a Sign Area of forty (40) square feet, except as set forth in paragraph g below. Accessory wall signs may be no more than forty (40) square feet in Sign Area, except that stores greater than forty thousand (40,000) square feet may have accessory wall signs up to sixty (60) square feet in Sign Area.

g. Other Sign Areas: The primary wall sign for the occupant of a premises whose floor area exceeds one hundred thousand (100,000) square feet shall be limited to a Sign Area of one thousand (1,000) square feet if mounted on a building façade facing and set back less than one hundred fifty (150) feet from the sideline of Route I-95 and shall be limited to a Sign Area of four hundred (400) square feet if mounted on any other building façade; the primary wall sign for the occupant of a premises whose floor area exceeds forty thousand (40,000) square feet but does not exceed one hundred thousand (100,000) square feet shall be limited to a Sign Area of three hundred (300) square feet; and the primary wall sign for the occupant of a premises whose floor area exceeds ten thousand (10,000) square feet but does not exceed forty thousand (40,000) square feet shall be limited to a Sign Area of one hundred fifty(150) square feet.

5.5.2 Permanent Free-Standing Signs. Signs are permitted as follows:

a. Number: one free-standing pylon sign per lot and one (1) free-standing monument sign at each driveway on abutting streets.

b. Sign Area: free-standing pylon sign limited to a maximum of seven hundred twenty(720) square feet and each free-standing monument sign limited to a maximum of one hundred fifty (150) square feet.

c. Height: free-standing pylon sign limited to a maximum height of sixty (60) feet above the adjoining ground plane and free-standing monument signs limited to a maximum height of fourteen (14) feet above the adjoining ground plane.

5.5.3 Permanent Projecting Signs. Projecting blade signs are permitted as follows:

a. Number: one per occupant.

b. Location: perpendicular to and not projecting above the façade to which it is attached.

c. Sign Area: the individual sign for each occupant shall be limited to fifteen (15) square feet.

5.5.4 Permanent Directional Signs. Way-Finding or directional signs are permitted as follows:

a. Number: one per two acres of lot area.

b. Sign Area: limited to twelve (12) square feet.

5.5.5 Temporary Signs. Temporary signs, in addition to signs allowed under Section 5.5.1, are permitted as of right if such sign is unlighted, located on the inside of a window and occupies no more than 30% of the area of each window. Requires no sign permit.

5.5.6 Awning Signs. All stores may place the store name on awnings provided that the store name on any awning shall not exceed twenty (20) square feet.

5.5.7 Sign Area. the total signage permitted for all permanent signs, including all primary wall signs, accessory wall signs and awning signs, on any façade shall not exceed 15% of that overall façade area.

5.5.8 Signs Facing South Walpole Street. Wall signs on building facades facing and setback less than 200 feet from South Walpole Street are prohibited.

MOTION: To call the question. CARRIED. 2/3 VOTED DECLARED BY MODERATOR.

VOTED: That the Town Amend Article 12, the Sign By-Law of the Town of Sharon, Massachusetts by amending Sections 3.1, the Section entitled “Signs in the Business A or Business C Districts”, Section 4.3, Sections 5.4.1 and 5.4.2, and inserting a new Section 5.5 exactly as printed in a handout attached hereto and entitled “FINAL COPY OF ARTICLE 7 INCORPORATING ALL REVISIONS FOLLOWING PUBLICATION OF THE SPECIAL TOWN MEETING WARRANT, BOARD OF SELECTMEN.”

To see if the Town will Vote to Amend Article 12 Sign By-Law of the Town of Sharon, Massachusetts as follows:

Amend Section 3.1

Amend “3.1 Sign Committee” by adding the following at the end:

a) The sign Committee shall act on applications and appeals for all signs except as set forth in paragraphs b and c below.

Amend the Section entitled “Signs in the Business A or Business C Districts”

Amend the Section entitled “Signs in the Business A or Business C Districts” by deleting at the beginning thereof the first two sentences thereof as follows:

Amend Section 4.3

Amend “4.3 Off-Premises Signs” by deleting Section 4.3 in its entirety and replacing it with the following:

4.3 Off-Premises Signs.

4.3.1Only signs pertaining exclusively to the premises on which they are located or to products, accommodations, services, or activities on the premises shall be allowed, except as provided in Sections 4.3.2 and 4.3.3.

4.3.2Permanent off-premises directional signs, designating the route to an establishment not on the street to which the sign is oriented, may be erected and maintained within the public right-of-way at any intersection if authorized by the Selectmen, or on private property if authorized following design review and hearing by the Sign Committee subject to the following:

b) At locations where directions to more than one establishment are to be provided, all such directional information shall be incorporated into a single structure.

4.3.3Permanent off-premises freestanding signs pertaining to facilities located in Business District D and to the businesses, products, accommodations, and services provided in said facilities are allowed within Residential Districts only if located in the northwest quadrant abutting the intersection of South Main Street and Old Post Road and within 160 feet of the intersection of the centerlines of South Main Street and Old Post Road, if authorized following design review and hearing by the Sign Committee subject to the following:

a) Each lot in Business District D is limited to one off-premises entrance sign and one off-premises pylon sign.

Amend Section 5.4.1

Amend “5.4.1 Permanent Wall Signs” by deleting the last sentence of subsection “b. Area” which was last amended at the Special Town Meeting on March 12, 2007 as follows:

Delete “The foregoing sentence notwithstanding, the maximum area of each wall sign in the zoning district “Business District D” shall be one hundred fifty (150) square feet.”

Amend Section 5.4.2

Amend “5.4.2 Permanent Projecting or Free Standing Signs” by deleting the last subsection “d” which was last amended at the Special Town Meeting on March 12, 2007 as follows:

Insert a New Section 5.5

Insert a new Section “5.5 Additional Permitted Signs in Business District D” and renumber the current Section 5.5 as Section 5.6 as follows:

5.5.1 Permanent Wall Signs. Signs (other than temporary signs) attached flat against a building or visible through its windows are permitted as follows:

a) Primary Wall Signs: One primary wall sign containing a business name is permitted per occupant per façade where wall signs are permitted; provided, however, that the largest anchor store shall be permitted to have multiple primary wall signs on a single façade, but only in the event that the Board of Appeals acting as the Sign Committee determines that the signage is consistent with the design standards for Business District D after taking into account the total amount of signage for the store.

b) Accessory Wall Signs: Accessory wall signs are permitted where wall signs are permitted for stores with a floor area of 10,000 square feet or greater that identify types of products and services, but not brand names or businesses, associated with the particular occupant using such accessory wall signs.

c) Facades: Primary and accessory wall signs are limited to a maximum of three (3) facades for each building; provided, however, that the largest anchor store shall be permitted to have a wall sign on the fourth façade, but only in the event that the Board of Appeals acting as the Sign Committee determines that the signage is consistent with the design standards for Business District D after taking into account the total amount of signage for the store.

d) Location: Wall signs may not extend above or beyond the end of the wall or roof to which it is attached and not projecting perpendicularly for more than (6) six inches.

e) Cumulative Area: maximum area encompassed by all wall signs shall be determined in accordance with the provisions of Section 5.5.7.

f) Sign Area: The primary wall sign for each occupant shall be limited to a Sign Area of forty (40) square feet, except as set forth in paragraph g below. Accessory wall signs may be no more than forty (40) square feet in Sign Area, except that stores greater than forty thousand (40,000) square feet may have accessory wall signs up to sixty (60) square feet in Sign Area.

g) Other Sign Areas: The primary wall sign for the occupant of a premises whose floor area exceeds one hundred thousand (100,000) square feet shall be limited to a Sign Area of one thousand (1,000) square feet if mounted on a building façade facing and set back less than one hundred fifty (150) feet from the sideline of Route I-95 and shall be limited to a Sign Area of four hundred (400) square feet if mounted on any other building façade; the primary wall sign for the occupant of a premises whose floor area exceeds forty thousand (40,000) square feet but does not exceed one hundred thousand (100,000) square feet shall be limited to a Sign Area of three hundred (300) square feet; and the primary wall sign for the occupant of a premises whose floor area exceeds ten thousand (10,000) square feet but does not exceed forty thousand (40,000) square feet shall be limited to a Sign Area of one hundred fifty(150) square feet.

5.5.2 Permanent Free-Standing Signs. Signs are permitted as follows:

a) Number: one free-standing pylon sign per lot and one (1) free-standing monument sign at each driveway on abutting streets.

b) Sign Area: free-standing pylon sign limited to a maximum of seven hundred twenty(720) square feet and each free-standing monument sign limited to a maximum of one hundred fifty (150) square feet.

c) Height: free-standing pylon sign limited to a maximum height of sixty (60) feet above the adjoining ground plane and free-standing monument signs limited to a maximum height of fourteen (14) feet above the adjoining ground plane.

5.5.3 Permanent Projecting Signs. Projecting blade signs are permitted as follows:

a) Number: one per occupant.

b) Location: perpendicular to and not projecting above the façade to which it is attached.

c) Sign Area: the individual sign for each occupant shall be limited to fifteen (15) square feet.

5.5.4 Permanent Directional Signs. Way-Finding or directional signs are permitted as follows:

a) Number: one per two acres of lot area.

b) Sign Area: limited to twelve (12) square feet.

5.5.6 Awning Signs. All stores may place the store name on awnings provided that the store name on any awning shall not exceed twenty (20) square feet.

5.5.8 Signs Facing South Walpole Street. Wall signs on building facades facing and setback less than 200 feet from South Walpole Street are prohibited.

ARTICLE 8.

VOTED UNANIMOUSLY: That the Town Amend Section 2311 “Permitted Residential Uses” of the Zoning By-Law of the Town of Sharon, Massachusetts exactly as printed in a handout attached hereto and entitled “FINAL COPY OF ARTICLE 8 INCORPORATING ALL REVISIONS FOLLOWING PUBLICATION OF THE SPECIAL TOWN MEETING WARRANT, BOARD OF SELECTMEN.”

To see if the Town will Vote to Amend the Zoning Bylaws of the Town of Sharon, Massachusetts dated June 2005 as last amended in May 2007 as follows:

Amend Section 2311

Amend “2311. Permitted Residential Uses.” by inserting a new paragraph “b” after “a. Residence for a Single Family” and by redesignating paragraph “b” as paragraph “c” as follows:

b. “Permanent off-premises freestanding signs” in accordance with Article 12 Sign By-Law pertaining to facilities located in Business District D but only if located in the northwest quadrant abutting the intersection of South Main Street and Old Post Road and within 160 feet of the intersection of the centerlines of South Main Street and Old Post Road.

ARTICLE 9.

VOTED: That the Town Amend the Zoning By-Laws of the Town of Sharon, Massachusetts dated June 2005 as last amended in May 2007 by amending Sections 2325, 2326, 2328, and 6329 exactly as printed on pages 44 – 46 of the Warrant for this Special Town Meeting except for deletion of the words, appearing on page 46, “or take any other action related thereto.”

Amend Section 2325

Amend “2325. Permitted Accessory Uses.” by deleting the fourth paragraph “Drive-in services serving the customer while seated in a car, except for drive-in bank teller windows as authorized above” and replace it with the following:

Drive-through services serving the customer while seated in a car, except for drive-through services for banks and pharmacies within Business District D and except for drive-through services authorized by Special Permit in 2326 below.

Amend Section 2326

Amend "2326. Uses and Accessory Uses Allowed on Special Permit from the Board of Appeals." by deleting the sixth paragraph thereof "Drive-in windows for banks" and replacing it with a new paragraph as follows:

Drive-through services serving the customer while seated in a car for establishments principally serving coffee, other beverages, breakfast food, and pastries within Business District D and for banks within Business Districts A, B, and C.

Amend Section 2328

Amend "2328. Business District D Design Requirements." by inserting a new paragraph after the tenth paragraph thereof which ends with the phrase "and seventy-five (75) feet from residential lot lines" as follows:

“Drive-through facilities serving customers while seated in a car shall be laid out in areas fully separated from any street, access drive, or parking aisle by raised islands with vertical faced granite curb. Separate drive-through facilities shall be as long as practicable and as a minimum shall provide sufficient length to accommodate the 95^th percentile queue without extending into any access drive or parking aisle. A bypass capability shall be provided throughout the entire length of the drive-through facility and all segments of the facility shall have a minimum pavement width of 20 feet. Drive-through facilities shall be designed in a manner that promotes good overall site circulation, access, and safety. Site layout shall preclude pedestrian access to the building through the drive-through facility and shall minimize conflicts between pedestrians and vehicles entering or exiting the drive-through facility. Proper signage and pavement markings shall be provided. Drive-through facilities shall be properly lighted and screened and shall minimize headlight glare on other portions of the site. Loudspeaker sound levels shall not exceed normal conversational sound levels. Where appropriate for the service provided, separate parking spaces not included in the overall parking count shall be provided to accommodate special orders and delays.”

Amend Section 6329

Amend "6329. Additional Criteria for Business District D” by inserting a new paragraph “l” after paragraph “k” thereof as follows:

“l. The extent to which drive-through facilities conform to the design requirements of 2328.”

2/3 VOTE DECLARED BY MODERATOR.

VOTED: That this meeting adjourn at 11:00 P.M. and reconvene on Tuesday, November 6, 2007 at 7:00 P.M. in the Arthur E. Collins Auditorium.

THE MEETING ADJOURNED AT 11:00 P.M.

Attendance: 900

SPECIAL TOWN MEETING

NOVEMBER 5, 2007

The Special Town Meeting of November 5, 2007 was adjourned at 11:00 P.M. to reconvene at the Sharon High School, Arthur E. Collins Auditorium on Pond Street on Tuesday, November 6, 2007 then and there to act on all unfinished business in the Special Town Meeting Warrant of 2007.

Attest:

Marlene B. Chused

Sharon Town Clerk

NOVEMBER 6, 2007

This is to certify that I have posted a copy of the above notice in accordance with Town By-Laws.

JOSEPH S. BERNSTEIN

CONSTABLE

SHARON, MASSACHUSETTS

ADJOURNED SPECIAL TOWN MEETING

NOVEMBER 6, 2007

ARTICLE 11.

VOTED UNANIMOUSLY: That the Town raise and appropriate $132,900 for extraordinary repairs to stabilize or otherwise improve facilities and/or structures located on the former Horizons for Youth property and to meet this appropriation the Treasurer, with the approval of the Board of Selectmen, is hereby authorized to borrow $132,900 under Massachusetts General Laws Chapter 44, Section 7.

ARTICLE 10.

MOVED: That action under Article 10 be indefinitely postponed. NOT CARRIED.

VOTED: That the Town authorize a revolving fund known as the Former Horizons for Youth Property Revolving Fund in accordance with the provisions of General Laws Chapter 44, Section 53E 1/2.

The purpose of this fund is to provide for maintenance and improvements to facilities and property and general support for programs occurring on said property.

Receipts to be deposited into this fund shall be monies collected from users of the former Horizons for Youth property and facilities and programs occurring thereon. The Board of Selectmen shall be authorized to expend from this fund. Expenditures in Fiscal Year 2009 shall not exceed $100,000.00

ARTICLE 12.

VOTED: That the Town amend Section 2412 of the Zoning By-Laws of the Town of Sharon, Massachusetts, dated June 2005 as last amended on May 7, 2007 by amending Section 2412, entitled Lot Width and Frontage, exactly as printed on pages 48 – 49 of the Warrant for this Special Town Meeting except for deletion of the words, appearing on page 49, “or take any other action relative thereto.”

That the Town vote to amend Section 2412 of the Zoning By-Laws, entitled Lot Width and Frontage, to include new provisions regarding irregularly shaped and oddly configured lots, by amending the title to read “Lot Shape, Width and Frontage,” by adding a new paragraph entitled “Purpose,” adding new language to the existing first and fourth paragraphs, and adding new paragraphs (d) (e) and (g) and giving each paragraph letter designations, as follows. The existing second and third paragraphs will not be changed, except to give them letter designations (b) and (c):

2412. Lot Shape, Width and Frontage

Purpose: It shall be the purpose of these regulations to prevent the subdivision of properties into irregularly shaped lots which undermine the intent of the Zoning By-Laws, as well as to prevent the creation of lots which are so distorted in configuration as to be detrimental to public health, safety, welfare, convenient and harmonious development and use of the land, or future clarity of ownership and identification of property lines.

(a) Lot width shall be measured at the required minimum street setback lines. Lot width shall be measured in a straight line between the intersection of the street setback line and the side lot lines. On corner lots, the lot width shall be measured from the side lot line to the intersecting street property line.

(b) Each lot shall have frontage on a Street or Way, such frontage shall measure not less than two-thirds (2/3) of the required minimum lot width. Each lot shall have its primary means of access onto said Street or Way. The principal means of access for residential lots shall be through said frontage.

(c) The minimum distance between lot side lines from the frontage to the front of the primary structure on the lot shall be fifty (50') feet.

(d) For any lot created or altered in shape after the effective

date of this regulation, any portion of the lot that is narrower than one-half (½) of the required minimum lot width, or less than sixty (60) feet, whichever is lower, as measured in any direction, shall not be counted toward the required lot area; furthermore, in the event that such narrow portion of the lot connects separate wider portions of a lot in a dumbbell configuration, the smaller of the connected sections shall also be excluded.

(e) For any lot created or altered in shape after the effective date of this regulation, each lot shall be adequate in shape to entirely contain a horizontal circle with a minimum diameter equal to the required lot frontage, within which circle there shall be a potential building site outside of the minimum setback from wetlands.

(f) In any residential district, the minimum frontage and the minimum lot width may be reduced to twenty-five (25') feet, and the requirement in subsection 2412(d) may be waived, provided that the lot conforms to each of the following:

(g) Any lot created before adoption of this Zoning By-Law amendment and conforming to then applicable requirements shall be considered a conforming lot for purposes of this By-Law. This regulation shall not apply, furthermore, to any lot created or altered in shape after the effective date of this regulation, when the irregularity of the lot is created by a taking by eminent domain or if a portion of the lot is conveyed for a public purpose, for which the land could have been taken.

2/3 VOTE DECLARED BY MODERATOR.

ARTICLE 13.

VOTED UNANIMOUSLY: That action under Article 13 be indefinitely postponed. (This article would amend the Zoning By-Laws of the Town of Sharon.)

ARTICLE 14.

VOTED: That the Town pursuant to Article 34A of its General By-Laws name the ballroom in the Town of Sharon Community Center “The David I. Clifton Ballroom.” 2/3 VOTED DECLARED BY MODERATOR.

The Moderator stated that he is a partner in a law firm representing one of the owners of property involved in Article 15 of this Special Town Meeting. Therefore, he recused himself from this article and had Paul Pietal serve as Moderator.

ARTICLE 15.

MOTION: That action under Article 15 be indefinitely postponed.

MOTION: To call the question. 2/3 VOTE DECLARED BY MODERATOR.

MOTION: That action under Article 15 be indefinitely postponed. NOT CARRIED.

MOTION: That the Town accept the provisions of chapter 43D of the Massachusetts General Laws as amended pursuant to Section 11 of chapter 205 of the acts of 2006, and to approve the filing of an application with the Interagency Permitting Board for the designation of land shown on the table, printed on pages 63 – 65 of the Warrant for the Special Town Meeting, entitled “Article 15 Exhibit A,” as a Priority Development Site.

MOTION: To call the question. CARRIED. 2/3 VOTE DECLARED BY MODERATOR.

VOTED: That the Town accept the provisions of chapter 43D of the Massachusetts General Laws as amended pursuant to Section 11 of chapter 205 of the acts of 2006, and to approve the filing of an application with the Interagency Permitting Board for the designation of land shown on the table, printed on pages 63 – 65 of the Warrant for the Special Town Meeting, entitled “Article 15 Exhibit A,” as a Priority Development Site.

A STANDING VOTE. VOTES IN THE AFFIRMATIVE 75. VOTES IN THE NEGATIVE 26.

		ARTICLE 15 – Exhibit A
Location	Description	Corrected Owner	Parcel#	Map	Parcel	Lot	No. Parcels	No. Acres	Potential Footage
1 Billings N.	Buildings on Billings, Cleaners	LIEBSKIND, JOSEPH & LESLIE	101112000	101	112	000	1	0.13	1,572
	Buildings on Billings, Eye Glass	MO-NEB REALTY ASSOCIATES LLC	101107000	101	107	000	1	0.205	5,973
	Buildings on Billings, Flynn Law	FLYNN, KAREN & CAROLYN TRS.	101113000	101	113	000	1	0.125	3,028
	Buildings on Billings, Hair salon	TAMIR REALTY LLC	101109000	101	109	000	1	0.124	3,256
	Buildings on Billings, Insurance	SAMTO, LLC	101110000	101	110	000	1	0.133	2,218
	Buildings on Billings, Personal Training	THE RABB FAMILY LTD PARTSHIP	101111000	101	111	000	1	0.125	3,986
	Buildings on Billings, Starbucks, etc	TAMIR REALTY LLC	101108000	101	108	000	1	0.232	7,420
2 Pond E.	PO Square on Pond, Pizzagando	PAPADOPOULOS, THEOFILOS TR	101135000	101	135	000	1	0.063	2,440
	PO Square