WEST BRIDGEWATER PLANNING BOARD
12/3/14
PRESENT: H. Hurley, H. Anderson, G. Stetson, A. Kinahan and J. Noyes
ABSENT: None
The meeting was called to order at 7:30 p.m.
1. Map 24, Lot 174 - Spring Street: William Self of Curley and Hansen Surveyors and Developer, Michael Ferrone were present. Stephen Beinoras was also present.
Public Hearing continuation 7:30 p.m.
A Definitive Subdivision plan was submitted at the last meeting by Mr. Self on behalf of Briarwood Construction Corporation for the property owned by the Slapik Realty Trust. The intent of the plan is to create one (1) buildable lot on the northwest side of Spring Street. A proposed cul-de-sac is planned for the roadway so that proponents can meet the requirements for frontage. The driveway will extend back to the middle of the property. Mr. Self stated that Briarwood Construction plans to build a four (4) bedroom Colonial single family home on the 2.58 acre property. The proposed roadway will remain a private way in perpetuity and will be maintained by the owner.
At the last meeting several abutters to this property expressed their concerns with drainage on the site. They all had agreed that they have some water issues already and don't want to see any additional problems. While Mr. Self stated that all drainage would be contained on the site, the Board had requested that he provide a site plan with the drainage projections.
Mr. Self presented the site plan for review. He stated that Page 1showed a proposed grass lined swale along the side of the house, which has been relocated close to the cul-de-sac. He stated that the typical road cross section was also shown. Mr. Self stated that Page 2 showed more details of the drainage plan, test pits, grading and elevations. He noted that they want to make sure they don’t create any additional water problems for either their site or for the abutting property owners. Mr. Self stated that he had “slid” the house forward to control the patterns of the drainage. He also stated that in a heavy storm there is the potential for water to run over the entire property. Mr. Self stated that the plan is to collect the water and divert or hold it back so that it doesn’t “pond.” He noted that once the water reaches a certain elevation, the grass detention area would divert it away from the abutting property. He also noted that because the water table is so high, there was not enough room for infiltrators. He stated that it would not look like regular drainage but would redirect the water towards the back of the property.
Mr. Self asked abutting owner, Stephen Beinoras, how much water is typical during a three or four (3”– 4”) inch storm. Mr. Beinoras stated that there would be lot of “ponding.” Mr. Self stated that they could not use rapid infiltrators, but by dipping down the grade, they could catch the water and divert it toward the back. He also noted that he had discussed moving the house back with the applicant and suggested that that change alone would lessen the impact. Mr. Hurley reminded Mr. Self that this Board was only approving the roadway and they were not “locked in” to where the house is ultimately placed. Mr. Self stated that the house would have roof drains which, along with the grading, would help to draw the water towards the back.
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A lengthy discussion was held regarding elevations, contours and the proposed grass swale. Mr. Hurley questioned whether the swale would ever empty out and noted that it would top out at elevation 114.9. Mr. Beinoras questioned how close it would come to his barn. Mr. Self discussed the angles of the swale and suggested that they might be able to angle it better to keep the water clear of the barn. He stated that it was his hope that they could keep the water flowing so that it would eventually just flow out. He noted that there is not a lot of relief for the problem, especially since the property is so flat.
Mr. Noyes stated that with the proposed cross section, it looks like the water will drain from the roadway directly out onto the main road. He suggested that Mr. Self have a normal cross section and pitch the roadway so that it all drains in one direction. Mr. Self suggested that maybe he could use an equalizer pipe. Mr. Noyes stated that all he would have to do would be to pitch the road slightly. He noted that he doesn’t need to “crown” the roadway. Mr. Hurley suggested that he do it all the way across. Mr. Stetson noted that there was not a lot of area to work with. Mr. Self stated that he wanted to avoid having the water cross the septic system, and wanted the crown to help direct the water to the swale. He stated that he was concerned that all of the pavement will be flooded. Mr. Stetson suggested that he make it like an “over constructed” driveway. Mr. Self stated that they could do that. Mr. Stetson also reminded Mr. Self that should they move the house back twenty to thirty (20’-30’) feet it would change how the water flows around the site. Mr. Self stated that they would still have similar elevations, but if the buyer wanted to house further back on the site, they would have to do all new testing and calculations. Mr. Self agreed to tilt the roadway from North to South. He also agreed to “soften it out” and change the angles to avoid any water pooling around the barn. There were no other concerns or questions. Mr. Kinahan stated that he was satisfied that Mr. Self has made a reasonable attempt to control the water on, and near the site.
Mr. Hurley noted that they could approve the subdivision plan with stipulations. He questioned when Mr. Self could incorporate the changes and submit revised plans. Mr. Self stated that he would return to the next meeting on December 17th. Mr. Hurley suggested that he get the revised plans in as early as possible, because once they have been logged in at the Town Clerk’s office it would begin the official appeal period. He also noted that the Board would then be able to sign the plans at the January 7th meeting.
Mr. Ferrone questioned when he would be able to get a building permit for the house. Mr. Hurley explained that before he could get a permit, he would need to either set up a cash surety account with the Treasurer/Collector or construct the roadway. Mr. Ferrone decided to post the cash bond and eliminate the waiver request. Mr. Stetson explained that Mr. Ferrone should get an estimated cost for the road construction, which would also include gravel, paving, drainage, loam and seeding and installation of the bounds (the Board will waive the granite bounds requirement). Once that is submitted the Board would most likely add an additional percentage, in case they have to finish the road, and set the amount of the surety. As soon as that is set up, Mr. Ferrone will be able to obtain his permits. Mr. Ferrone stated that he would present his estimate at the next meeting. He also questioned the procedure for paving. Mr. Hurley stated that he must contact Mr. Stetson forty eight (48) hours in advance before any paving is done. It was noted for the record that Section 3.3.6 Performance Guarantee was removed from the waiver list since Mr. Ferrone has opted to set up the surety account.
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A Motion (HA) was made to close the public hearing at 8:05 p.m. Second (AK).
Vote: Unanimous.
A Motion (HA) was made to approve the waiver requests. They are as follows:
3.3.1.3.5 No Key Map
3.3.1.3.7 No 1"=100' Location Plan
3.3.2.11 No Covenant
3.3.2.13 No Plan & Profile
3.3.2.14 No Topographic Plan
3.3.2.15 No Utility Plan
3.3.2.16 No Drainage Calculations
3.3.2.17 No Tree Plan
3.3.4 No Test Pits, Borings or Soundings
No Soil Survey
4.2.4.3 Dead End Streets shall be provided at the end with a turnaround having an outside roadway diameter of at least 120' (100' outside roadway diameter requested)
4.2.4.4 No Parcel of land suitable for roadway
at end of the dead-end roadway
4.2.6.6 Reduced pavement width from 24' to 18'
4.2.7 No curbing or berm
4.3 No Sidewalks
4.4.1 No Underground Utilities
4.4.2 No Water Main - Lot will utilize
individual service connection
to existing water main
4.4.2.4 No Street Lighting
4.4.4 No Gas Main
4.4.5 No Fire Alarm System
4.4.6 No Stormwater Management Plan
4.5 Runoff shall be retained on site
4.6.4 No Planted Trees
4.8.1.2 Allow Concrete Monuments in lieu of
Granite Monuments
Second (AK). Vote: Unanimous.
A Motion (HA) was made to approve the Definitive Subdivision Plan for Lot 174
Spring Street submitted by Curley and Hansen on behalf of Briarwood Construction for the property owned by the Slapik Realty Trust with the following stipulations:
1. Change the Cross Section,
2. Move the house back on the lot and round out the proposed grass swale
angles to keep the water away from the barn and the neighboring properties,
3. Show spot grades, and elevations of the proposed roadway.
Second (GS). Vote: Unanimous.
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2. Robert's Way:
The Board briefly discussed the final release of the bond money that is being held by the Town. When the Board released the bond when the road was accepted by the town, they held Five Hundred ($500) dollars to cover any recording fees. It was noted that One Hundred and Fifty ($150) dollars will be used to record the Street Acceptance Plan, deed and Form K at the Registry of Deeds. It was noted that when an attempt was made to record the information, it was discovered that the Form K Conveyance of Easement and Utilities was not an original document. After a search by the proponent the original form was located at the attorney’s office and the recording can now take place. It was noted that all of the fees have been paid.
A Motion (HA) was made to release the final Three Hundred and Fifty ($350) dollars to proponents Robert and Mary Nordgren. Second (AK). Vote: Unanimous. A notice will be sent to Treasurer/Collector, John Duggan advising him to release the remaining funds.
3. Deerfield Way: Kelley and Keith Stout were present.
Ms. Stout stated that she was trying to obtain a small home equity loan, but the bank is questioning whether the lot/covenant had been released for the above subdivision. They have refused to process her loan until this has been resolved to their satisfaction.
Mr. Hurley noted that he had reviewed the file and that there was some confusion as to what actually happened. He explained that the original plan was to create a one lot subdivision for her to build her home while keeping the front property owned by her father and the property behind her land kept in Chapter Land. The Board had waived a lot of the requirements for the Deerfield Way roadway construction since it would remain a private way in perpetuity, but with the understanding that any further development of this property would require the road to be upgraded to the town’s regulations for public a road. Mr. Hurley stated that a surety account was set up, but did not know how she got a building permit since the Form J Lot Release was never submitted, signed or recorded.
Mr. Hurley noted for the record that a few years later a plan was submitted to develop the rear Chapter Land parcel. A Form J was submitted to release Lots 1, 2 and Lot A. At that time the Board determined that no development would be allowed and no lots released until the road was brought up to the Town’s standards for a public road. There were several letters in the file between the owner, the developer’s attorney and Town Counsel to resolve the dispute. It was also noted that the Board was within their rights to disallow the proposal. Ms. Stout stated that even she was against the proposal and was very happy when the entire deal fell through.
Mr. Hurley reviewed the timeline of events. He stated that the covenant was signed in December of 2005 and recorded on January 23, 2006. The roadway surety was set in April of 2006 in the amount of Sixteen Thousand, Five Hundred ($16,500) dollars to build the roadway. Mr. Hurley further noted that a hearing was held and the surety was released in August of 2007. He noted that, somewhere in that time, he didn’t know how, but Ms. Stout was given a building
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permit as well as an occupancy permit. He stated that it apparently “slipped between the cracks.” Mr. Hurley also stated that the “bottom line” was that the Board had never issued the Form J for her lot but would do so now. He noted that she would need Seventy Five ($75) to have it recorded at the Registry of Deeds once it was stamped in and notarized by the Town Clerk. Ms. Stout would then be able to present that to her bank.
A Motion (HA) was made to approve and sign the Form J for the release of Lot 2 only.
Second (AK). Vote: Unanimous.
Ms. Stout will pick up the notarized original from the Town Clerk tomorrow and get it recorded. The Board will request that a copy of the recorded Form J be given to them for the file.
4. Harvestwood Drive/Spring Street:
A Form A and plan was submitted by Jack Peters for review. The intent of the plan is to divide one lot on Harvestwood Drive into two (2) house lots. Mr. Hurley noted that this was the third or fourth time the Board has seen this plan. Mr. Hurley also noted that there were several typographical errors on the plan. Mr. Stetson questioned whether the garage would be raised, as no mention of it was made on the plan. He also noted that he did not like the fact that there was only twenty four (24') feet left to get access to the rear part of Mr. Peter's property, especially if he is planning to further develop it at some point.