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The following changes were presented to Sharon Board of Selectmen on 6/10/08.
These changes affect the development agreement negotiated between
Brickstone and the Board of Selectmen related to the Brickstone Sharon
Hills Project near Bay Road in Sharon MA.
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Section 1.6 of the new Development Agreement requires the Town
and the Conservation Commission to support the project as proposed.
In other words, this section pre-empts the regulatory responsibilities
of Town Boards, including the Conservation Commission, and forces them
to pre-judge and approve the project before they have seen any of the
details. This section can be read to mean that the Town Boards cannot deny any permit.
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The developer will be exempt from any further zoning laws
enacted by the Town of Sharon if the developer doesn't wish to follow
Sharon's zoning requirements.
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The Development Agreement has added a provision whereby four houses on Boulder Lane can tap into a water line that would be located
100 feet from the intersection of Bay Road and Boulder Lane. Each
resident would still be responsible for bringing water to their
individual houses. However, Brickstone is now given an option to
either: 1) provide these
water lines to Coach Lane and Boulder Lane, or 2) bring the water line
to the project access road and Bay Road, and provide the Town of Sharon
with $300,000 to construct its own waterway to Coach Lane and Boulder
Lane. Because there is no
guarantee that such a water line would cost $300,000 or less, and
because the residents of Coach Lane and Boulder Lane have no way to
force the Town to build such a water line, there is no longer any
guarantee that these residents will receive Town water. Additionally,
Bay Road is owned in its entirety in this location by the Town of
Stoughton and there is no guarantee that Stoughton would issue permits
for such a water line. The original Development Agreement has the water line coming through
Brickstone's site, and Bay Road would not have been disturbed.
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Brickstone is no longer obligated to restrict 36 acres on the
site from further development. The new Development Agreement says that it is "intended" that 36
acres be preserved, but it is no longer required. Instead, Brickstone has to restrict 12 acres from development for
each phase it completes. If
it only builds two phases, it only has to restrict 24 acres rather than
the original 36 acres.
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Mountain Street will now be used for construction and site
preparation access. The original Development Agreement stated that the Mountain Street entrance
would be gated and used for emergency access only.
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The new Development Agreement does not require Brickstone to
obtain approval from the Town for moving structures more than 100 feet
from the original plan. This means that the project could move anywhere on the 337-acre parcel.
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