July 29, 2008
MEMBERS IN ATTENDANCE: |
Doug Moglin, Chairman |
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Roz Terry, Vice Chairman |
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Bob Johnson |
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Sam Santaniello |
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Cal Chunglo |
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Richard Utzinger, Associate |
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OTHER: |
Marcus Phelps, Town Planner |
The regularly scheduled meeting of the Planning Board was called to order at 7:00 p.m. by Mr. Moglin.
TOWN PLANNER’S REPORT: 7:00 p.m.
1. Revised the text of the Williamsburg Estates definitive subdivision plan decision based on the Board’s 7/15 meeting and for use at the 7/29 meeting.
2. Received an application on July 15 from TOVA Realty for modification of special permits in order to enlarge a manufacturing use to include property located at 31 Hudson Drive in the Industrial Restricted (IR) zone and the Wellhead Protection District. The plans have been distributed to Town staff for review. The public hearing should be held on August 26 to meet the requirement to hold a public hearing within 65 days.
3. Received two applications for zone changes from the Board of Selectmen on July 23. One is for 787 College Highway (Silan) and another for 76 Sunnyside Road (Bannish). Public Hearings should be held on these requests by September 23 to meet the requirement to hold a public hearing within 65 days.
4. On July 21 the Planning Board received notice of an appeal filed by Attorney Moir regarding the Board’s decision to deny a modification of the definitive subdivision plan for Lexington Circle.
5. Attended the July 28 Board of Selectmen public hearing on the acceptance of Amberleaf Way. They voted to place an article on the next Town Meeting warrant to accept it as a public way.
6. Received information including a map of the proposed Phase 2 Sewer Program that has been presented to the Board of Selectmen and endorsed for presentation to the residents.
PUBLIC COMMENTS: 7:05 p.m.
Daniela Labodycz of 21 Pine Knoll Road expressed concern about the continuing and significant flooding problem on her property since 2003. She voiced concern about releasing the bond money to the developer until the matter is resolved. Mr. Moglin replied that the Planning Board understood that the work had been completed. The Planning Board released the bond. He said that he did not know if the clerk had released the funds. He added that there was some incongruence incongruities with the information that the Board received prior to its vote.after the Board took a vote. Mr. Moglin said he would meet Mr. Steinhart, Mr. Phelps and Mr. Liquori to follow up on the situation and reply to Mrs. Labodycz
APPOINTMENTS:
7:25 p.m. 19 Island Way CHO
Jeff Thompson applied for a CHO permit to have an office in his residence for a business called Thompson Engineering. He stated that there would be no customers on the premises, no business sign, no trucks or heavy duty equipment and no additional employees.
A MOTION was made by Mr. Johnson and seconded by Mr. Santaniello to approve the CHO application as reviewed. The vote was unanimous.
7:30 p.m. Westfield Gas & Electric Land Subdivision
Attorney, Edward Etheredge, Daniel Howard of Westfield Gas and Electric and Mark Batchelder of CHI Engineering presented to the Board a project off Piney Wood Road and adjacent to the existing gas line. This will be a metering shutoff station. They looked for a remote site. They have an agreement with the two abutting property owners. The remaining portionpotion of the lot is in zoning compliance. Attorney, Edward Etheredge looked at Chapter 41 section 81 R as possible way to proceed. The Planning Board would have to say it would meet all zoning requirements with conditions, but in fact, it would not. The second option would be to apply for relief from zoning requirements a variance for these two lots which would allow a variance of conditions from frontage requirements but not use. The use would be a Public Utility use which is allowed if
the Zoning Board would allow a variance. The building is a prefabricated structure of 1,000 square feet and is not an occupied site. The Planning Board could put 205864633conditions205864633Rosalyn M Terry on it that it would have no occupancy and no habitation, etc. Mr. Moglin said that it would be the most expeditious process to go through the Zoning Board of Appeals and come back to the Planning Board as an ANR plan. Mr. Phelps said that the property is located in the wellhead protection zone and may require a Special 205864720Permit205864720Rosalyn M Terry.. Paul Gregoire, chairperson of the Board of Appeals, said that a hearing date had not been set. The Board was waiting for the discussion with the Planning Board to happen. It was decided that Attorney, Edward Etheredge would talk with Southwick Town Counsel to determine the best way to proceed.
7:50 p.m. Williamsburg Estates Draft Decision
Mr. Phelps gave the Board members a revised working draft of the Williamsburg Estates for review.
WAIVERS
The following motions were made:
A MOTION was made by Cal Chunglo and seconded by Roz Terry that the Planning Board take the following action:
a.) Waive the requirement under Chapter 315-12 B. (8) that the two foot contours be shown on a plan at a 40 scale, and allow it to be shown on a 100 scale to avoid multiple sheets.
VOTED: Mr. Doug Moglin, Approved, Mrs. Roz Terry, Approved, Mr. Robert Johnson, Approved, Mr. Cal Chunglo, Approved. The vote was unanimous.
A MOTION was made by Cal Chunglo and seconded by Roz Terry that the Planning Board take the following action:
b.) Waive the requirement under Chapter 315-12 B. (18) that the general location of proposed buildings and driveways be shown for each lot. A condition of the definitive plan approval contains a requirement that each building lot must receive site plan approval from the Planning Board prior to issuance of a building permit.
VOTED: Mr. Doug Moglin, Approved, Mrs. Roz Terry, Approved, Mr. Robert Johnson, Approved, Mr. Cal Chunglo, Approved. The vote was unanimous.
A MOTION was made by Cal Chunglo and seconded by Roz Terry that the Planning Board take the following action:
c.) Waive the requirement under Chapter 315-16 A. that grades not to exceed 8% on the straight-aways or 6% on curves. Allow a 10% grade on a straight-away from Station 52+51.01 to Station 56+72.53, allow a grade from 10% to 6.08% on a curve from Station 56+72.53 to 58+11.41, and allow a 10% grade on a curve from Station 49+92.53 to Station 52+51.01.
VOTED: Mr. Doug Moglin, Approved, Mrs. Roz Terry, Approved, Mr. Robert Johnson, Approved, Mr. Cal Chunglo, Approved. The vote was unanimous.
A MOTION was made by Roz Terry and seconded by Cal Chunglo that the Planning Board take the following action:
d.) Waive the requirement under Chapter 315-22 G. that sidewalks be constructed on both sides of the street and allow a sidewalk to be constructed on one side as shown on the definitive plan. A condition has been added to the decision for the developer to deposit an offsetting amount into the Town of Southwick, Sidewalk Revolving Account.
VOTED: Mr. Doug Moglin, Approved, Mrs. Roz Terry, Approved, Mr. Robert Johnson, Approved, Mr. Cal Chunglo, Approved. The vote was unanimous.
A MOTION was made by Roz Terry and seconded by Cal Chunglo that the Planning Board take the following action:
e.) Waive the requirement under Chapter 315-24 A. that subsurface leaching street drains are not allowed. There is a small section of the road west of and abutting Sunnyside Ranch Road, which is a low point and the only method of storm water disposal is with subsurface leaching. The remainder of the subdivision has detention areas.
VOTED: Mr. Doug Moglin, Approved, Mrs. Roz Terry, Approved, Mr. Robert Johnson, Approved, Mr. Cal Chunglo, Approved. The vote was unanimous.
A MOTION was made by Roz Terry and seconded by Cal Chunglo that the Planning Board take the following action:
f.) Waive the requirement under Chapter 315-14 B. (7) on fillets to allow the curb radius to be 22 feet and the distance between the curb and the property line to be 5 feet. The radius begins at Station 64+46.54, 13 feet left, and ends at Station 64+78.93, 42.12 feet left.
VOTED: Mr. Doug Moglin, Approved, Mrs. Roz Terry, Approved, Mr. Robert Johnson, Approved, Mr. Cal Chunglo, Approved. The vote was unanimous.
A MOTION was made by Cal Chunglo and seconded by Roz Terry that the Planning Board take the following action:
g.) Waive the requirement for the installation of sewer lines under Chapter 315-28 B. (1) because sewer mains are not available nor will they be within four years.
VOTED: Mr. Doug Moglin, Approved, Mrs. Roz Terry, Approved, Mr. Robert Johnson, Approved, Mr. Cal Chunglo, Approved. The vote was unanimous.
CONDITIONS OF DEFINATIVE APPROVAL
A MOTION was made by Roz Terry and seconded by Cal Chunglo that the Planning Board take the following action:
to impose the above conditions of approval upon any approval of the subject definitive plan.(See ATTACHMAENT A)
VOTED: Mr. Doug Moglin, Approved, Mrs. Roz Terry, Approved, Mr. Robert Johnson, Approved, Mr. Cal Chunglo, Approved. The vote was unanimous.
APPROVAL
A MOTION was made by Roz Terry and seconded by Cal Chunglo to move that the Planning Board approve the Applicant’s definitive plan, based upon all of the facts and testimony presented at the public hearing held on the Applicant’s application and based upon the conditions of approval to which the Applicant has assented. Endorsement of the conditional approval is conditioned upon: (1) revision of the definitive plan to reflect the conditions of approval and the prior or simultaneous recording of this certificate of action with the Hampden County Registry of Deeds; and (2) the provision of a performance guarantee in accordance with the requirements of M.G.L. C. 41, Section 81U and, in the case of a subdivision covenant, evidence of the prior recording of same with the Hampden County Registry of Deeds.
VOTED: Mr. Doug Moglin, Approved, Mrs. Roz Terry, Approved, Mr. Robert Johnson, Approved, Mr. Cal Chunglo, Approved. The vote was unanimous
Being no further business to be brought before the Board, A MOTION was made by Mr. Johnson, SECONDED by Mr. Chunglo to adjourn at 8:45 p.m. Vote was unanimous.
Respectfully submitted,
Ruth Preston
Recording Secretary
ATTACHMENT A
At the public hearing regarding the proposed definitive plan, the Planning Board and the Applicant discussed conditions of approval for the definitive plan. The Planning Board imposes the following conditions of approval upon the applicant and all its successors-in-interest shall be bound by these conditions:
a) The endorsement of this conventional definitive plan by the Planning Board is conditional upon the provision of a performance guarantee, duly executed and approved, to be noted on the plan and recorded in the Hampden County Registry of Deeds. Said performance guarantee will be in the form of a performance bond and maintenance bond pursuant to law in an amount determined by the Southwick Director of the Department of Public Works and the Planning Board, and approved by the Town Treasurer. Said guarantees shall cover the cost of any and all required improvements as well as the cost to maintain said improvements until the same are accepted by appropriate Town Meeting action. Such bonds shall conform to the requirements of Chapter 315 of the Code of the Town of Southwick, and M.G.L.,
Chapter 41, Subsection 81U, as amended.
b) The applicable improvements and procedures required in Article V of Chapter 315 shall be adhered to except for the Waivers granted and these additional Conditions of Definitive Approval.
c) In accordance with the Phased Growth bylaw in Chapter 185-37.2 the Applicant shall provide a proposed development timetable with a rate of growth of up to twelve (12) dwelling units per year. The first date of the development timetable shall be April 2009 or such earlier date that may result from intervening abatements.
d) All Natural Space as shown on the definitive plan shall be conveyed to the Homeowners Association along with a Conservation Deed Restriction.
e) Outfall and drainage areas will be designated Storm Drainage Easements to be conveyed to the Town of Southwick for drainage and discharge of water runoff as hereinafter provided. A complete and designed drainage plan approved in writing by the Southwick Department of Public Works Director will be required prior to conveyance of any property within the subdivision. Drainage easements will be conveyed to the Town of Southwick upon acceptance of the street within the subdivision as a public way. The Conveyance and any applicable Subordination of Mortgage shall be in a form approved by Town Counsel.
f) The Waivers granted shall not take effect unless and until all of the following activity has taken place:
1. A Conservation Deed Restriction in favor of the Homeowners Association has been prepared by the Applicant and approved by the Planning Board, Conservation Commission, Board of Selectmen, and Commonwealth of Massachusetts Secretary of Energy and Environmental Affairs to accomplish the Conditions set forth in d) and e);
2. Said Conservation Deed Restriction has been reviewed and approved by Town Counsel as accomplishing the purposes of d) and e); and
3. Evidence is provided to the Planning Board that the approved and accepted deed restriction has been duly recorded at the Hampden County Registry of Deeds against all of the property that is the subject of the subdivision application.
g) Restrictive Covenants language shall be attached or referred to in each Deed and Document recorded for the development including the Conditions set forth in h), i), and j).
h) All driveways shall be concrete or paved with bituminous concrete.
i) No building permit shall be issued without Site Plan Review of each lot in the subdivision by the Planning Board. The site plan shall include the type and dimensional location of all structures, the location of all utilities, the location of the septic system, the location of the well, the existing and finished grades, and the property line directions and distances. Conformance of the as built conditions with the approved site plan will be a condition of the issuance of a Certificate of Occupancy. Conformance is to be verified by a registered civil engineer or a registered land surveyor at the lot owner’s expense. Any nonconformance will be corrected prior to the issuance of a Certificate of Occupancy.
j) A Certificate of Occupancy for any lot shall not be issued until the sidewalks are installed.
k) The street name shall be approved by the Board of Selectmen prior to recording the definitive plan at the Hamden County Registry of Deeds.
l) All signs as required by the Department of Public Works and the Public Safety Officer shall be provided by the Applicant on the site, including but not limited to street signs, stop signs, speed limit signs, and other similar signs.
m) A sidewalk shall be installed on the south side of the subdivision street. All sidewalks will be completed at the time the binder course of the road is installed.
n) In lieu of construction of sidewalks on both sides of the subdivision street, the developer will deposit $ 71,500 in the Town of Southwick, Sidewalk Revolving Account. The developer shall deposit said amount prior to the issuance of any building permits.
o) Streetlights shall be installed in accordance with the approved definitive plan prior to issuance of the first Certificate of Occupancy.
p) The cul-de-sac curbing at the end of Meadow Lane shall be removed, forming a contiguous street and the existing landscaped area in the cul-de-sac will remain in place.
q) No excavated material shall be removed from the site without prior approval of the Planning Board.
r) A Professional Engineer with a civil engineering stamp from the Commonwealth of Massachusetts will be present during the construction of the detention basin located north of Lot 12 and will provide a written report on the as built condition of the detention basin to the Planning Board, Department of Public Works and Building Inspector.
s) The Applicant shall execute an easement in favor of the Town in accordance with the Conveyance of Easements and Utilities that must be accepted by Town Counsel to include streets, sidewalks and storm drainage.
t) The Applicant shall comply with all the requirements set forth in the Order of Conditions issued by the Southwick Conservation Commission.
u) At least one existing hickory tree will be preserved north of Hickory Lane and five (5) new hickory trees that have a minimum 2 inch diameter will be planted between Stations 60+00 and 64+00 of the subdivision street.
v) Construction vehicle traffic will be minimized on Meadow Lane and primarily use the new subdivision street entrance from the intersection of the existing Hickory Lane and Sunnyside Road.
w) Planning Board endorsement of the plans conforming to this decision shall be sought and obtained within six (6) months of the final decision being filed with the Town Clerk, not including any time spent in litigating any appeal of the decision.
x) The Applicant shall provide a true as built datum before Town acceptance of the street. This information shall be provided in both printed and electronic formats that are approved by the Department of Public Works.
y) Three (3) monitoring wells will be installed on the site in accordance with Chapter 315-12 B. (21) and approved by the Department of Public Works.
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