WEST BRIDGEWATER PLANNING BOARD 5/17/17 PRESENT: H. Hurley, G. Stetson, A. Kinahan and J. Noyes ABSENT: H. Anderson The meeting was called to order at 7:30 p.m. 1. 369 East Center Street: A Form A and plans were submitted by Silva Engineering P.C. on behalf of Jeffrey Dewhurst of East Bridgewater. The intent of the plan is to divide the above site into two (2) lots. It was noted that both lots have adequate frontage and area on an existing Town road. Mr. Hurley noted that the one hundred (100 x 100 ) foot squares as required in the zoning bylaws were missing. A Motion (HA) was made to allow the Form A and plans for Jeffrey Dewhurst be withdrawn without prejudice to allow Silva Engineering to make the necessary changes, and resubmit them. Second (GS). Vote: Unanimous of the four (4) members present. The Board will notify Silva Engineering s office manager, Amanda Crepeau, to come in and retrieve the plans. The Town Clerk will also be notified. *Note: After further review, after the meeting, it was determined that the squares were actually on the plans, just very hard to determine. The Board will review them again at the June 7, 2017 meeting. 2. Luke Estates: Mr. Hurley reported that he had received a written request from Todd Pilling, of Pilling Engineering, to continue the public hearing until the meeting on June 7, 2017. A Motion (AK) was made to grant the continuation of the public hearing until the next meeting on June 7, 2017, as requested. Second (JN). Vote: Unanimous of the four (4) members present. 3. Lamp Post Estates: Mr. Hurley reported that he had received a written request from Todd Pilling, of Pilling Engineering, to continue the public hearing until the meeting on June 7, 2017. A Motion (AK) was made to grant the continuation of the public hearing until the next meeting on June 7, 2017, as requested. Second (JN). Vote: Unanimous of the four (4) members present. 4. Bresciani Estates: Mr. Hurley reported that he had visited the above site and noted that the improvements that the Board requested that developer, Joseph Correia, complete before the Public Hearing that is scheduled for June 7, 2017 have not been done. These improvements include loam and seeding and catch basins cleaned out. Mr. Hurley stated that, if the improvements haven t been done,
Page 2 then it would be a waste of everyone s time to have the hearing. He also noted that the Board would be very sympathetic to the owners of the properties. He also stated that the Board would not only not release the surety or accept the roadway, but may, in fact, take the necessary steps to seize the remaining funds and finish the subdivision. A Motion (GS) was made to send a sternly worded letter to Mr. Correia informing him of the Board s concerns. Second (AK). Vote: Unanimous of the four (4) members present. 5. Pearl Road: Mr. Hurley reported that he, Mr. Kinahan and Mr. Noyes met with Robert Fox and other interested parties to do a walk through on Wednesday, May 10, 2017 at 10:00 a.m. The purpose of this walkthrough was to ascertain any issues that the Planning Board wished to be attended to since the development of the subdivision infrastructure and sale of all the houses and before the property was turned over to the Homeowner s Association. Mr. Stetson recused himself due to a possible conflict of interest. Attendees were: Meadow Woods: Mark Gladstone and Robert Fox Homeowner's Association: Justin Howard, Ken Ellis and Ken Legrice W. B. Planning Board: Hugh Hurley, Anthony Kinahan and James Noyes Developer Professionals: Eric Watson and Larry Silva (SEA) Mr. Hurley stated that the following issues will need to be resolved before the Board will consider returning the surety and signing off on the subdivision. Since the meeting for the walk through was posted, Mr. Hurley stated that the following will serve as minutes of that meeting: SITE INSPECTION OF "WEST MEADOW WOODS" MAY 10, 2017 LOCATION ITEM RECOMMENDATION RIGHT SIDE OF ROAD House 3 Curb missing, left side driveway Replace section Between 5 & 7 Telephone box loose Utility to fix Spring St. Ext. 18 foot gravel road Needs to be constructed Spring St. Ext. Grass Loam & seed Spring Street Debris Remove and restore road Rear of Lot 14 & A Debris Remove & restore road, loam & seed Rear of Septic Encroachment on Spring St. SEA to verify, restore if encroaching Septic Parcel Grass Loam & seed House 15 Water Shut Off sticking up Reset flush with driveway Sta 17+16 to 17+86 Culvert rip rap & Block Wall SEA to investigate House 19 Telephone box loose Utility to fix
West Bridgewater Planning Board Page 3 House 19 Elec. Trans. 6 under water Utility to fix House 21 Bound missing Set bound House 21 Drain outlet flooding Sidewalk Connect to Catch Basin House 23 Curb needs to be re-aligned Home owner s contractor responsible House 23 Encroachment onto Open Space & Water Esmt. Remove and restore Parcel D Grass Loam & seed Pump station Water leaching from sewer SEA to investigate LEFT SIDE OF ROAD Parcel D Sidewalk at return Repair House 24 Elec. Trans. leaching water SEA to investigate House 24 Sidewalk damaged Home owner's contractor responsible Sta. 16+80 to 17+57 Slope 3:1? Plan calls for Block Wall SEA to investigate House 20 Sidewalk breaking up, thickness? SEA to investigate House 20 Elec. Trans. Flooding Utility to fix House 18-16 Grass between sidewalk Loam & seed House 16 Sidewalk breaking up, thickness? SEA to investigate House 10 Sidewalk breaking up, thickness? SEA to investigate House 8 Water Gate broken Repair House 8 Water Gate for Hydrant Locate Corner Walnut St. "PRIVATE" street sign Replace UTILITY STRUCTURES House 8 DMH & SMH Protruding Repair House 10 DMH Protruding Repair House 12 DMH Protruding Repair House 10 DMH & SMH Protruding Repair House 11 DMH & SMH Protruding Repair House 12 DMH Protruding Repair House 16 DMH Protruding Repair Bet. House 16-18 DMH Protruding Repair House 22 DMH Protruding Repair House 24 DMH & SMH Protruding Repair Catch Basin CB Spec.? SEA to verify Silt Fences Remove all Flooding at septic Ground Water Alarms
Page 4 Mr. Stetson noted that his daughter s drainage was never connected to the catch basin. He noted that in order to do so, they would have to go under the utilities under the roadway. He stated that her water hasn t stopped running. He noted that the developers put in a sump pump and while it never stopped, it worked well. He also noted that the pump is drawing water from her entire lot including the water under the house. Mr. Hurley noted that there is a very high water table on this site. He stated that he was concerned that eventually it would disintegrate the sidewalks as well as the roadway. Mr. Hurley restated that since the walk through was a posted meeting. He would like the above list of issues to serve as minutes to that meeting on May 10, 2017. A Motion (AK) was made to approve the minutes of May 10, 2017 as stated above. Second (JN). Vote: 3 for and 1 abstain. Voting for the motion was H. Hurley, A. Kinahan and J. Noyes. Voting to abstain was G. Stetson. The motion passed. 6. The Farm: Mr. Stetson reported that there has been no additional activity on this site since his last report. Mr. Hurley questioned whether there was a surety account for this subdivision or if the Board was holding some of the lots only. * Note: Further review confirmed that the Board is holding several lots but that there is no surety account at this time. 7. Spring Commons: It was reported that the twenty-one day appeal period has elapsed and the Town Clerk has signed off on the Form C Subdivision Approval. It was reported that a copy of the form was emailed to Gregory Driscoll. Mr. Driscoll stated that he would not be in for a while to pick up the original form. It was noted that this would probably occur when he brings in the revised plans for the Board s signatures. Mr. Hurley reminded the Board that the conditions of approval are supposed to be listed on the plans. He suggested that Mr. Driscoll should be reminded about this. 8. Elm Terrace: It was noted that the twenty-one day appeal period has elapsed and the Town Clerk has signed off on the Form C Subdivision Approval. It was also noted that the invoice for the public hearing and abutter notification in the amount of $704.26 has not been paid. Michael Koska was notified on Wednesday, May 10, 2017 that this bill is still outstanding. He was advised that the subdivision form will not be released until that invoice has been paid. *Note: A check was submitted on Friday 5/19/17. Once the check clears the Board will release the Form C to Mr. Koska. It was noted that Mr. Koska is still awaiting a decision from the Land Court before finalizing the plans for the Board s signatures. 9. 320 West Center Street: The Board received a request from the Zoning Board of Appeals to review a plan for signs at the new Malarkey's Irish Pub slated to open at the above address. Proponent, Paul Buckley, will need a variance for the three (3) free standing signs.
Page 5 Mr. Stetson suggested that the Board may want to require that the parking lot lighting be upgraded. Mr. Hurley noted that this could be required, if the Planning Board was doing the site plan review. After further review of the plans the Board agreed that they have no issues or concerns with the site plan as no outside changes were proposed to the building. The plans were placed on file. 10. 345 & 373 South Elm Street: The Board received notification that Naomi Alexander, and the Estate of Garobed A. Alexander, are planning to remove the thirteen (13) acre site at the above address from Chapter 61A Classification and sell the premises to CLM Development, LLC. The property is further described as Assessor s Map 52, Lot 22. Attorneys for Ms. Alexander are asking the Town to waive its First Right of Refusal. Board members are asked to make a recommendation to the Board of Selectmen. A Motion (GS) was made to recommend to the Board of Selectmen that they do not exercise their Right of First Refusal. Second (AK). Vote: Unanimous of the four (4) members present. 11. Woodrow Lane: Mr. Stetson reported that the developer has raised all of the roadway structures in preparation for putting down the final coat of paving. He stated that he questioned what they were going to do with Lot 5, as it has not been built on yet. The developer stated that he thought that Lots 5 and 6 were combined into one lot. Mr. Hurley stated that he did not want them to do a final coat until the entire site was built; he didn t want heavy equipment going over the finished road. Mr. Stetson noted that it looks like they built one house almost directly in back of another. 12. B. C. Way: Mr. Stetson suggested that since all of the lots have been built out in the above subdivision, the Board should send a request for a schedule of completion. He noted that they still have to do the sidewalks, curbing and finish coat for the roadway. He also noted that there is one driveway that has not been paved as yet. The Board will send a letter to developer Dennis Welch requesting this information. 13. 674 West Center Street: The Board received correspondence from Building Inspector, Michael White, regarding the Barrett's Ale House to be located at the above address. Mr. White stated that he was preparing a list of close out documents and procedures that will be required to release the certificate of occupancy. He asked if the Board has any outstanding issues to be included on this list. Mr. White also noted that the final inspections should be done the week of May 22, 2017, but he would get back to the Board before then. A second email from Mr. White noted that he would be meeting with Norman Whittaker on May 18 th to go over the closeout documents and final inspection /acceptance testing for the final occupancy permit. He noted that they would be opening within a week.
Page 6 Mr. Hurley suggested that the Board take the time to go and inspect the site to see if they have any issues before it gets a certificate of occupancy. Board members agreed to do so. Mr. Stetson stated that the parking lot looks good and that the water runs to all of the drains as planned. He also noted that proponents moved an entrance so that the tent can be accessed without going into the building. Mr. Hurley noted that the handicap striping was done wrong. He also noted that the property has been fenced around the building. Mr. Hurley also noted that the Police Chief still wants there to be access to the Lowe s parking lot so that patrons can exit the site at the traffic signal. He suggested that this was something that the Board of Selectmen could require if they wanted to. 14. 755 North Main Street: Mr. Hurley reported that he received an email from Building Inspector, Michael White, that Vista Motors is looking to open a second location at the above address. He stated that they are proposing the exact same site plan as the previous car dealer that was operating at this location. (Absolute Auto Sales) He further stated that they will not be repairing autos onsite as the prior dealer did. He questioned whether they would need to come before the Board or if the current Special Permit is still valid. Mr. Stetson noted that his only concern was that it was in the Water Resource Protection District. Mr. Hurley agreed, but noted that it was a continuation of the same use. The Board agreed since they were not going to be repairing autos they had no concerns. 15. Commercial with Residential Above: The Board received an email from Building Inspector, Michael White, with a question regarding one of the zoning bylaws. He stated that he is looking into the adoption language and Planning Board minutes to ascertain the intent of the bylaw. Mr. White asked for clarification as he was not sure if it meant to allow a maximum of two (2) bedrooms per unit or two (2) total units with two (2) bedrooms each. He also noted that he would be contacting Town Counsel for an opinion. Mr. Hurley reported that he had responded to Mr. White that the intent of the Town Center zoning bylaw was to encourage the use by seniors rather than families. He noted that there was no limit to the number of units, except for the floor area above the business space and parking requirements. He also noted that Thomas Kennedy of 102 West Center was interested in adding an additional commercial space with residential apartments on the second floor. He stated that Mr. Kennedy would have to put in sprinklers in the apartments. 16. MAIL: Bridgewater Town Council decision 4/4/17, re: Demolition Delay Ordinance, deleted. E. Bridgewater ZBA notice of decision, re: 630 Central Street, granted. E. Bridgewater ZBA notice of decision, re: 350 West Street, granted. E. Bridgewater Planning Board public hearing, 5/1/17, re: special permit, 350 West Street. E. Bridgewater ZBA decision, re: special permit, 25 Steven's Court, granted. Easton ZBA decision, re: special permit, 23 Mullen Lane, granted. Easton ZBA public hearing 6/6/17, re: special permit, 186 Prospect Street. Board of Assessor's minutes of 4/19/17. OCPC (MPO) minutes of 4/18/17 and agenda for 5/16/17.
Page 7 17. A Motion (HA) was made to pay the Enterprise $317.22 for both ads for the Elm Terrace subdivision and $1,000.00 for HML Associates, Nicholas Lanney, for review of the Lamp Post Estates subdivision for a total of $1317.22. Second (GS). Vote: Unanimous of the four (4) members present. 18. A Motion (AK) was made to pay the secretary payroll for the period ending 5/16/17. Second (JN). Vote: Unanimous of the four (4) members present. 19. The minutes of 5/3/17 were accepted and filed. 20. The meeting was adjourned at 8:26 p.m. Respectfully submitted, Donna M. Cotter, Secretary