WEST BRIDGEWATER PLANNING BOARD
11/20/13
PRESENT: H. Hurley, H. Anderson, G. Stetson and J. Noyes
ABSENT: A. Kinahan
The meeting was called to order at 7:30 p.m.
1. West Meadow Woods: Robert Fox was present.
Mr. Fox presented a Form J Lot Release for review and approval. He stated that he was ready to begin construction on Phase II at the above subdivision. He stated that he was hoping to get six (6) lots (15, 16, 17, 21, 22 & 23) released at this time. He stated that there would still be three lots remaining that the Board could hold as surety; Lots 18, 19 & 20, with a value of $450,000. Mr. Fox stated that he already has several of these lots sold. He noted he is prepared to do the finish work, sidewalks and grading for Phase II. He noted that the binder coat is done for both Phases and that he expects to do the final paving and be finished by the end of next summer.
A Motion (GS) was made to release Lots 15, 16, 17, 21, 22 & 23. Second (HA).
Vote: Unanimous of the four (4) members present.
2. Robert’s Way: Jamie Bissonnette of Prime Engineering was present. Also present were proponents Robert and Mary Nordgren.
PUBLIC MEETING 7:30 p.m.
Mr. Hurley read the notice as it appeared in the Enterprise, introduced the Board members and outlined the procedure for the meeting.
Mr. Bissonnette submitted a certified statement to the Board that they have completed the subdivision, and that it is in compliance with the rules and regulations. A copy of the letter will be forwarded to the Town Clerk to become part of the official record.
Mr. Hurley noted that the reason for this public meeting is to accept the Robert’s Way subdivision and to release the performance bond that is being held by the Town. Mr. Bissonnette also stated that he has submitted the As-Built and Street Acceptance plans as is required. Mr. Hurley questioned whether there had been any changes made. Mr. Bissonnette stated that there had not been except for some slight elevation adjustments and small sidewalk adjustments but he was confident that everything will function as designed.
Final copies of the Form K, Conveyance of Easements and Utilities from James L. Kjelgaard and the Deed conveying the Robert’s Way roadway to the Town were submitted. Mr. Hurley reminded the Board that Town Counsel, David Gay, had reviewed the draft documents and was satisfied that they meet the legal requirements for content and format. He also noted that the Board would retain Five Hundred ($500) dollars from the surety for recording the above
continued:
West Bridgewater Planning Board
Minutes of 11/20/13
Page 2
documents once it has been accepted at Town Meeting. He stated that there is not usually a problem with getting roadways accepted as the Town would then receive additional State reimbursement. It was noted that it appeared that the next Town meeting would not be held until sometime next year.
A Motion (HA) was made to accept the subdivision known as Robert’s Way and release the performance bond except for five hundred ($500) dollars to be used for recording purposes.
Second (GS). Vote: Unanimous of the four (4) members present.
Notice will be send to Treasurer/Collector, John Duggan with the Board’s decision. Notice will also be sent to the Board of Selectmen requesting that they take the proper steps to ensure that Robert’s Way will be accepted at the next Town Meeting.
An invoice for abutter notification and public meeting advertisements was presented to proponents for payment.
3. 131 West Street: Present were applicants John and Tanya Reynolds. Also present were Janice Underhill, Dorine Josselyn, Brenda Cappiello, Paul Mazzoli and George Hebert.
PUBLIC HEARING 7:45 p.m.
Mr. Hurley read the notice as it appeared in the Enterprise, introduced the Board members and outlined the procedure for the hearing.
Correspondence from the Board of Selectmen noted that they have concerns as follows:
1. Proponent must adhere to the rules and regulations as set forth by the Planning Board, and
2. Proponent is requested to keep within the aesthetics and character of the neighborhood.
It was noted that no other Boards, Commissions or departments had responded.
Mr. Reynolds explained that they were requesting a Special Permit for the change of use in the Water Resource Protection District from Office/Warehouse to Residential with light manufacturing. He noted that they propose to change the existing office space into a single family home with an Owner/Operated business. Mr. Reynolds also noted that they were requesting a Site Plan Review waiver as there will be no changes to the exterior of the building.
Mr. Reynolds explained that he is hoping to purchase this property and convert it to a single family dwelling for his residence. He noted that he has a two (2) year old daughter and a newly born son. Mr. Reynolds stated that the front office building space would be a simple renovation to make it a single family home. The renovations will include new walls, kitchen, dining room, living room and entryway, bathroom remodeling and closets.
continued:
West Bridgewater Planning Board
Minutes of 11/20/13
Page 3
He stated that as he has had a very long commute for the last twenty one (21) years, and as he has a growing family, it is time to bring them all together in one place.
Mr. Reynolds stated that his business would consist of manufacturing small medical and defense stainless steel parts. He noted that he currently has his business in Waltham and would be moving his operation to 131 West Street provided that his offer to purchase is accepted by the current owners. He noted that in his twenty one (21) years in operation he has never had a complaint from abutting property owners. Mr. Reynolds noted that the business is an extremely quiet operation and would not impact any of the surrounding homeowners with noise or excessive traffic. Mr. Reynolds stated that most items are shipped by United Parcel Service (UPS) once manufactured. He noted that the only other traffic would consist of tri–monthly deliveries of his manufacturing materials. He stated that this operation is known as a “job shop” (job in/job out) and would not be open to the public.
Mr. Reynolds stated that there would be no changes to the exterior of the building. He noted that there would be no outside storage and any activity would be confined to the interior. Mr. Hurley stated that the Board’s only concern is that the Water Resource Protection District is protected. Mr. Hurley questioned whether any hydraulic oils or fluids would be used in the manufacturing process. Mr. Reynolds stated that the only hydraulic fluid would consist of a ninety (90%) percent water/ten (10%) percent soluble fluid. He state that this fluid is eco-friendly, and is fully enclosed within the machinery. He stated that it would be periodically removed by Safety Clean, and even if some of the fluid spilled, it could be “mopped up” with no hazardous effects. Mr. Reynolds submitted a Material Safety Data Sheet for review. It was placed on file and becomes part of the official record. Mr. Reynolds also noted that there is no water service to the rear section of the building. Mr. Stetson stated that it appears that this material falls well within the industry standards.
Abutters to the property voiced concerns with this property remaining part business use and not solely a residence. Mr. Mazzoli questioned whether there would be any rental units. Mr. Reynolds stated that there would not be, nor would there ever be. Mr. Hurley noted that there is not enough land to meet the requirements for rental property. Mr. Hebert stated that abutters were assured when the previous owners sold this property it would no longer be allowed as a business use. Mr. Hurley stated that the Building Inspector ruled that this property is an existing non-conforming use and that an owner/operated business is allowed as a matter of right. It was also noted that once this property is zoned as residential, it can never be converted back to a commercial use. Ms. Reynolds stated that her job requires that she be called in unexpectedly and having her husband close by is ideal. She noted that if she has to go to work, her husband would be able to be there with their children. She stated that her job is not at all flexible and she could not “just call in” whenever she felt like it. Mr. Reynolds submitted several photographs of his current location for the Board to review. He pointed out the close proximity of the business to the neighboring properties and again reiterated that he has never had a complaint filed against him. He then shared the photos with those in attendance.
continued:
West Bridgewater Planning Board
Minutes of 11/20/13
Page 4
Mr. Mazzoli questioned the hours of operation. Mr. Reynolds stated that he would operate only during regular business hours. He stated that it is his intention to be a “good neighbor” and was confident that the neighbors would not even be aware of a business operation. He stated that this is a very quiet manufacturing process and is done with modern equipment. He stated that it would not be any louder than a dishwasher. Mrs. Reynolds stated that, having small children, she would not be happy if it was a loud production. Mr. Reynolds stated that he was very respectful of the other residences nearby and believed that they would have no complaints. Mr. Reynolds also noted that he currently has one helper but was not sure if this helper would relocate to this property. He noted that he would like to get an apprentice to mentor and to pass his knowledge onto. He stated that there are not many manufacturers like him left. He stated that his dad, who started the business, was his mentor and he hoped to do the same.
Mr. Hurley questioned whether any gasoline would be used, if there would be a forklift and whether there were any hydraulic machinery/presses. Mr. Reynolds replied that there would be no gasoline, no forklift, and no hydraulic pressers except one used for clamping only and that no discharge would occur. Mr. Anderson questioned whether the space is the same as his current shop. Mr. Reynolds noted that it is smaller, but that it would be adequate for his needs.
A lengthy discussion was held regarding the wetland areas, flood plain and possible expansion of the site at a later time. Mr. Hurley stated that the Special Permit is for activity in the Water Resource Protection District and that their requirements are much more stringent and specific to a particular use. He stated that while the Building Inspector makes all decisions regarding zoning, the Planning Board ensures that the aquifer is protected. Mr. Anderson stated that if this property were not in the Water Resource Protection District, then the proponents would not even have to appear before this Board.
Mr. Hebert briefly discussed the history of this property. He stated that the neighbors had fought hard to not allow a business on this site. He stated that no “big trucks” are allowed on this street. He questioned what would happen if Mr. Reynolds decides to sell the property, and what kind of business they could expect next. He noted that former owner, Frank McLeod was given permission for one tenant and business and that when he sold, it was supposed to become a residence only. He stated that he did not want to see another business and wanted the property to become a residence only property. It was noted that a variance had been approved by the Zoning Board of Appeals for this property. Mr. Hurley noted that when Mr. McCloud was there, he lived in a mobile home and ran a trailer business. He noted that this proposed use would impact the neighborhood much less than previous businesses had. Mr. Hebert reiterated that it was his personal opinion but he would like to see it stay residential only.
Mr. Mazzoli asked if this was a done deal once the Board votes in favor of it. Mr. Hurley explained that there is a twenty (20) day appeal period, but that an appeal can only be filed with respect to the Water Resource Protection District. He stated that “usage” issues do not have anything to do with this specific special permit.
The public hearing was closed at 8:26 p.m.
continued:
West Bridgewater Planning Board
Minutes of 11/20/13
Page 5
Mr. Hurley reminded the Board that pursuant to Section 7.5.3.1 of the West Bridgewater Zoning Bylaws, in order to grant the Special Permit, they must make a positive finding that:
a. The specific site is an appropriate location for such use, structure or condition;
b. The use as developed and operated will not adversely affect the neighborhood;
c. There will be no nuisance or hazard to vehicles, pedestrians, or volume greater than the capacity of the streets affected;
d. Adequate and appropriate facilities will be provided for the proper operation of the proposed use; and
e. Access to the site over streets is appropriate for the type of vehicles involved.
Pursuant to the requirements of Section 7.5.3.2 the Board must also make a positive finding that the use in the Water Resource Protection District, Zone II shall be subject to the following conditions:
a. The use is appropriate to the hydrogeology, natural topography, soils and other characteristics of the site to be developed;
b. The use will not, during construction or thereafter, have any adverse environmental impact on any of the zones of the Water Resource Protection District; and