BOARD OF APPEALS
REGULAR MEETING MINUTES
WEDNESDAY
SEPTEMBER 23, 2015
Members Present:Christopher Graham, Chairman
Gerald Coutinho, Vice Chairman
Heather L. Salva, Clerk
Donna Lambert
Gary Simmons
Larry Kidney
Roger Menard
Chairman Graham called the Zoning Board of Appeals meeting to order at 7:00 P.M. in the Westport Town Hall, 816 Main Road, Westport, MA with the reciting of the Pledge of Allegiance by all present.
Pledge of Allegiance
Chairman's Announcement - Under MGL Chapter 30A, section 20(e) – Meeting being recorded.
Brookmeadow Westport, LLC – RE: A public hearing to consider a request to modify the May 30, 2003 Comprehensive Permit issued to Brookmeadow Westport, LLC to construct 52 dwelling units on approximately 83.2 acres of land owned by Carricorp Industries, LTD, as Trustee of 190 CW Trust, that are located off of Brookwood Drive and Meadowbrook Lane, in Westport, MA and are currently shown on Assessors Plat 68, Lots 24 and 18C; Plat 69, Lots 10A, 10B, 10C, 10F, 10G, 10H, 10J, 10K, 10L, 11, and portions of Lots 5 and 10; Plat 70, Lots 53, 54, 56, and a portion of Lot 11; The modification request is set forth in a May 20, 2015 Notice of Project Change from Attorney Peter L. Freeman of Freeman Law Group LLC on behalf of Brookmeadow Westport LLC and proposes to modify the 2003 Comprehensive Permit by: (1) reducing the number of units approved under the Comprehensive Permit from 52 units to 12 units and by reducing the acreage for the project from 83.2 acres to 24 acres and to modify the permit to reflect that a portion of the original acreage has been subdivided and to seek the waivers set forth in the "Brookmeadow Westport, LLC Waiver Requests May 12, 2015" attached to the aforesaid Notice of Project Change.
Hearing the petition:Graham, Coutinho, Salva, Lambert, Simmons, Kidney, Menard
Also present:Attorney Ilana Quirk-Kopelman & Paige
Ralph Souza, Building Commissioner
Attorney Peter Freeman, representing applicant
Alan Heureux, Boucher & Heureux, Inc., representing applicant
Robert Carrigg, Carricorp - applicant
Abutters:David Aguiar, 60 Brookwood Drive
Gerald & Susan Morse, 64 Brookwood Drive
Stephen Soares, 76 Brookwood Drive
The public hearing was called to order at 7:00 PM with Chairman Graham reading aloud the Public Hearing Notice. Chairman Graham explained the procedure for the hearing; first, the applicant would present their petition and then input would be taken from the abutters; anyone wishing to speak must identify themselves by name and address.
Attorney Freeman stated the Alan Heureux, Engineer would be giving a presentation of the proposed changes to the project. There have been several meetings prior to tonight, which have lead to the decision of this public hearing. Attorney Freeman stated his client was seeking approval of those changes which include reducing the number of units from 52 to 12, a reduction in the proposed area, a shared septic system and a new stormwater management system. Attorney Freeman stated a Peer Review was conducted by Horsley Witten and his client is still seeking an extension of the permit.
Mr. Heureux clarified for the Board, that the public hearing notice was submitted for publication in the newspapers (a copy of the legal notice was submitted for the record). Mr. Heureux presented an overall of the proposed plan; he stated this has come before the Board in the spring with 12 units and a 900 ft. extension of the roadway. There will be a shared septic system, which was approved by the Board of Health on September 21, 2015, a stormwater management plan dated April 7, 2015, the Horsley Witten Peer Review dated September 2, 2015, Boucher & Heureux response to the Peer Review dated
August 26, 2015, there was a revised plan w/addendum to the stormwater management plan dated August 10, 2015 and now the September 21, 2015 new plan moving the depression onto the property. At this point, Mr. Heureux explained the history of the project for the last fifteen years. Mr. Heureux stated the original plan called for 52 house lots, each with a well and septic system and built on larger lots, all of which was located on 83 acres. Mr. Heureux continued by explaining the colored areas on the plan being presented. Attorney Freeman stated that Land Court affirmed his client's right to access Brookwood Drive.
Attorney Quirk stated at the last meeting, the Board stipulated that they needed a plan that showed all 83 acres, not this small plan that shows only the proposed project. The 2003 Comprehensive Permit is being modified but we do not have an overall lotting plan. The Board needs an overall engineered stamped plan showing the 83 acres; that is what is needed to show what has been happening and it will leave a clear path for the Registry of Deeds. Mr. Graham stated the site is no longer the same site that was originally approved. Attorney Freeman stated he understood and apologized for the misunderstanding of the need for the 83 acres plan. Attorney Freeman stated the acreage on the plan to be approved will be reduced to 6.5 to7 acres. Discussion ensued regarding the proper plans needed.
Mr. Graham asked if Horsley Witten was aware of the areas that are highlighted and being pointed out by Mr. Heureux. Mr. Heureux stated Horsley Witten reviewed only the orange area, which is the project proposal area. Attorney Quirk stated Horsley reviewed the 24 acres but is the calculations based on the 24 acres or the overall plan. Mr. Heureux stated his plan is based on the 12 house lots. Mr. Coutinho stated that part of the confusion is because this is being compared to the original 40b plan; looking at it now, as a new 40b, we need to consider this as a change. Attorney Quirk stated that Mr. Coutinho was correct, this is a change and we need a clear plan showing the original to the revised; there can't be conflicting plans recorded at the Registry of Deeds. Attorney Quirk recommended moving forward because the abutters were notified and we need to be careful of their rights.
Mr. Aguiar stated the fact is, that a piece of this is being developed down to 12 house lots; in looking at that plan, there are pieces of land that are blocked out, so can this area be connected through; Brookwood is already a half mile long with a 900 ft. extension; he does not want to see a super highway dumping out into Central Village. Mr. Aguiar stated it appeared to him as an attempt to develop a piece at a time.
Mr. Carrigg stated what was just mentioned has already been rehashed over the past 15 years; it is a dead issue connecting Meadowbrook to Brookwood; there is only one access through one lot on Brookwood per court case. Mr. Graham stated we need to look at what is before us now.
Mr. Coutinho stated his biggest concern was that Brookwood does not become a racetrack. Mr. Coutinho asked Attorney Quirk if there is anything we can put in our decision to prevent this access. Attorney Quirk stated a condition can be placed on how many house lots can be served due to the size of the roadway; also, no further development can happen without the applicant coming back to the ZBA. Attorney Quirk stated the Board can and should discuss this, along with the precise width being looked at also. Mr. Coutinho stated that if it should become a short-cut to Central Village, it will become a mess. Attorney Quirk stated that if the applicant or abutters wanted to provide information regarding the width, sidewalks, etc. that would be worthwhile information to have as part of the record.
Susan Morse, 64 Brookwood Drive, stated twelve houses is a lot of construction; who is responsible for any damage to our private road due to all the construction trucks. Mr. Carrigg stated he was sure someone would be contacting him but he has built in the Town before without any problems. Attorney Quirk stated she was sure the abutters could take pictures documenting any damage going forward. Attorney Freeman stated his client has a right to use the road according to the Land Court case; but if proven that any of his contractors did any damage to the road, they would be responsible; Carricorp has been around for a long time, and this is a valid question but my client has insurance that would take care of anything. Mr. Carrigg stated that property damage to private property, whether a road or a building, etc. his insurance would take care of it.
At this time, Mr. Graham directed the Board to the Waiver Requests. Attorney Freeman and Mr. Heureux then reviewed each of the waivers and what they meant to the proposal. The lots will run from 9,500 sq.ft. to 12,030 sq.ft. with the average lot being 10,800 sq.ft.; all will have individual wells and a septic tank but tied into one shared septic system, so there will be no need for bigger lots. Mr. Graham stated under the 40b waivers, do they have to meet setbacks? Attorney Quirk will meet all their setbacks, except for the ones they will seek waivers for, those the Board would have to grant. Mr. Heureux stated the road is designed as 20 ft. wide/paved width and a cape cod berm on both sides which is the standard before the Planning Board for at least 20-25 years. Mr. Heureux stated as a precaution, they are applying for a waiver of the roadway construction in regards to proposing the Town's standard of 20 ft.; as for fire protection, we are proposing a waiver but we are also providing a fire cistern, so he was not sure on that waiver. The fire cistern is proposed in the center of the project; it is a 10,000 gallon capacity. Mr. Morse asked where the water for the cistern comes from, it is well water. Mr. Heureux stated it is filled by tanker and located under the ground. Mr. Coutinho asked about the size of the cul-de-sac because it would be helpful to be able to show what the current size is such as actual paved width. Mr. Heureux stated they could cut down the center island to accommodate snow plows; the plan actually shows the paved widths.
Ms. Salva questioned the fact of how much the Board needed to hear tonight due to the fact that the petitioner has to come back with revised plans. Mr. Coutinho stated the plans are a legality but we need to discuss these things, ask questions and allow the abutters to speak. Attorney Freeman stated it was to everyone's advantage to have these questions and answers and it is good to know what questions we may have to answer in the future. At this time, questions and comments were taken from those attending regarding homeowners association, cul-de-sacs, etc.
Mr. Graham looked for clarification of what will be required for the continued hearing.
1. Clarification of waiver of Homeowners Association under low impact development;
2. Clarification of waiver of Inspections & Maintenance;
3. Clarification of the waiver for the Fire Protection;
3. Opinions from Fire & Highway Depts. regarding proposed width of travel way, what is required due
to larger trucks, it is 20 or 26 ft.;
4. A copy of the original plan showing all metes and bounds and showing precisely what is this new
development.
Mr. Menard questioned the radius of the rotaries at 60 ft.; the islands may have to be shrunk down to the size of the islands presently on Brookwood Drive.
Motion made by Mr. Coutinho to continue this hearing to Wednesday, October 28, 2015 at 7:00 PM – Town Hall. Second by Mr. Simmons. The Board voted unanimously in favor.
Approval of Minutes
1. Motion made by Ms. Salva to approve the Regular Meeting Minutes of June 3, 2015. Second by Mr.
Simmons. The Board voted 6 in favor, 1-abstention (Lambert).
2. Motion made by Ms. Salva to approve the Regular Meeting Minutes of July 22, 2015. Second by Mr.
Simmons. The Board voted unanimously in favor.
Action Item
1. Motion made by Mr. Coutinho to approve the bill voucher. Second by Ms. Salva. The Board voted
unanimously in favor.
Correspondence – None.
Other business - None.
Topics not reasonably anticipated forty-eight (48) hours in advance of the meeting – None.
8:40 PM
Motion made by Mr. Simmons to adjourn the Zoning Board of Appeals meeting. Second by Mr. Kidney. The Board voted unanimously in favor.
Adjournment.
Respectfully submitted,
Diane Pelland
Principal Clerk to the Zoning Board of Appeals
APPROVED:Heather L. Salva, Clerk
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