MINUTES OF MEETING
October 21, 2009
Present: Chairman, Frank Palange, Vice-Chairman, Aldo Bertera, Secretary Katie Harrington, Will Reichelt, Jose Irizarry, and Alternate Jill Fortier.
The Chairman called the meeting to order at 7:02 p.m.
1. Public Hearings
No public hearings were scheduled.
4. Approval Not Required (Taken Out of Order)
a. 928 Riverdale Street – This is the property for the proposed CVS and the plan combines all three lots into one lot. This was a condition of the Special Permit and the plan conforms to all requirements.
Frank moved to approve the ANR as presented; Aldo second. UAV.
b. 117 Sikes Avenue – the plan shows reconfigured property lines to give the property a minimum of 5 acres for their horses and they will convey 16,000 square feet to the neighbor with easements for the driveway and sewage systems that are already in existence. The plan conforms to zoning.
Will moved to approve the ANR as presented; Frank second. UAV.
2. Acceptance of Minutes (Taken Out of Order)
Jose moved to approve the minutes of September 2, 2009, and September 16, 2009, Will second. 3 in favor; Katie and Aldo abstained.
3. Action Items
a. Ordinance Amendments – No action.
b. Subdivision Regulations – No action.
5. New/Old Business
1. Site Plan Review – No action.
2. Subdivision Review – Griffin Estates release of bond.
Mr. Griffin came before the Board and said there were many erroneous things stated in the letter received from the DPW, dated October 20, 2009, regarding his subdivision (letter in file).
The DPW was involved in the whole process of putting in the roadway. Holding $15,000 for long term maintenance of the top course is ridiculous. The catch basin is only a few feet in the roadway, not 8 feet, as stated in the letter. Mr. Griffin presented photographs to the Board. The catch basin is not shown on the approved plans for the subdivision and the West Springfield officials never said anything about the storm drain until after the project was done. Mr. Griffin said he put in the water lines, the base course, and had it all inspected again before putting down the topcoat and they had said a couple of the structures needed to be raised and now that it is all done, they want the catch basin moved. Mr. Griffin stated he always does 110 percent of what
anyone has wanted him to do.
Mr. Griffin said the repair of the seam key is only a cosmetic repair and to repair it will create another seam. It is functioning fine as it is and there is no guarantee that it will be straight if he tries to fix it. The corner should be removed and then repave that area with one small seam from the catch basin to the curb, out of the way of the center of the road. Mr. Griffin suggested waiting and seeing if there are any issues through the winter and noted that it does cost him money the longer we wait on fixing this.
Mr. Griffin said that he disagrees with the DPW claiming lack of vegetative growth on the tree belts. Most of the tree belt is ground cover and mowed and very acceptable. Until permanent houses are on each site, the tree belts will continue to be damaged and destroyed. There are no erosion issues, he put jute down and 98 percent is covered, even if they are weeds. There is one spot, the space of two driveways that has bark mulch on it to protect the subdivision and to unload and load without damage. The bark mulch is intended to protect the tree belt.
Mr. Griffin said in regard to the drainage, the silt fence is no longer needed, there is 4 foot high bark mulch in place and is more powerful than the silt fencing. He went above and beyond to protect this. Dredging the silt still needs to be done and is on his punch list to be done. The area is full of vegetative growth and the bottom of the pond cannot erode away. It is unbelievable that the DPW would even say this. The outlet is bolted down (picture submitted), but final cleanup needs to be done. Mr. Griffin said he was bothered by the comment regarding lack of maintenance on site. He has done plenty of maintenance and has even swept the street on occasion. He takes offense to that comment and he has the receipts to show the maintenance that
he has provided.
Mr. Griffin said the town will still be holding $10,000 on the project and he is not looking for the money for items he has not done. Mr. Griffin said he was looking for the Board’s direction in repairing the seam key and to have the items he has requested released from the bond.
Frank said he agreed that the berm and pavement around the catch basin has to be removed. The Town will damage their trucks plowing the snow if it is left as it is. Mr. Griffin said the least evasive would be to saw cut from the edge of the berm and grind it out and repair it there.
Katie said in May the Town wanted the catch basin moved, how much would it cost to move it? Mr. Griffin said it was never within the scope of his work. It is very common situation and there is no problem with the catch basin in that location. Mr. Griffin said he does not want to be exposed to this type of liability. Two other drains deposit into this and he feels he should not be responsible for moving it. There are many other drains all over town like this one.
The Board discussed the seam key and Mr. Griffin drew a picture of what it would look like. He said it is a cosmetic issue and you will be putting a patch on the end of a brand new road.
Frank asked when the bolts were put in the detention basin. Mr. Griffin said he did it this week because the pond has been wet. Frank asked who determines the use of wood chips versus the silt fencing? Mr. Griffin said it is self-policing as the homes are built. The silt fence is required around the wetlands. DPW references silt around the stockpiles and near the cul-de-sac.
Richard said the project has an approved storm water pollution prevention plan that is state mandated. Mr. Griffin keeps making it a point to say he is the poster child for using the jute, which is true because he stripped 10 acres of land of all vegetation and erosion control is still an ongoing issue. There is a reason for the bark mulch and wood chips and he has gone above and beyond the norm because it is a difficult site to develop and it has been a struggle to bring it into compliance with our regulations. Richard said the DPW does not want to have a public battle with Mr. Griffin over these issues. Richard said he is opposed to reducing the bond and moving this towards completion and defers the key way issue to the DPW. Richard reminded the Board
and the developer that the roadway will be brought before the Town Council for acceptance and the DPW will then comment if it has been completed within the town standards. Overruling the recommendations of the DPW could have a negative impact for future street acceptance.
Frank said that is another reason why the DPW should be in attendance so the Board can know all the facts. Unless told otherwise, all the Board knows is when the final pavement is down then the bond is released. Aldo said, in his opinion, when the Town says “finished”, they mean substantial finished with only one or two lots left. The large item that has to remain is the $15,000 for long-term maintenance. Aldo felt the drain was not an issue. Frank said the DPW wants the drain moved. Aldo said he would not want to release the $15,000 until the houses are substantially finished. Mr. Griffin said the regulations do not say that the houses have to be built before the money is released. Aldo said this is a housing development and
the bond protections are put in place for the people that are moving in there.
Mr. Griffin said he received an approval to put in a road and he did that. He felt he is being victimized in a bad economic time and the Town is holding his money, which is not allowed by the bylaws, there is nothing in there that says he has to post a long term maintenance bond.
Jill said what happens if the Town Council does not accept the road? Richard said the maintenance of the roadway would fall on the residents. In the past, the town did maintain private roadways. That has since changed and the Town cannot maintain private roadways.
Jose said he went to the site with Mr. Griffin and the road looked good. Jose said they should concentrate on repairing the seam and he would be willing to release the money now and move the project forward.
Aldo asked Richard would the Town have to plow a street that is unaccepted? Richard said that once the Planning Board signs off on the project and closes it out, the Town assumes responsibility for plowing.
Councilor Sweeney came forward and said this is a big problem in town and people do not know that their streets are unaccepted until they are unable to be repaired by the Town. It is important to keep the developments moving forward and the street accepted by the Town.
Frank asked when does a bond get released for the top coat of pavement? Richard said it is up to the Board’s discretion, but generally speaking, the top course does not go down until the project is almost done because the town does not want to assume the responsibility of the wear on the surface that will be destroyed by the construction equipment. This is the first project that put the wear surface down early and asked for release of funds. Mr. Griffin was warned up front about this, because additional work was to be done at the project. If the road is damaged then the town has insufficient funds to repair the road.
Frank asked what happens if the development is done and accepted and down to the last two or three houses and the road is damaged. Richard said as it is now, there is no authority to oversee construction of the houses. Once the project is closed out, there is a permitting process through DPW and if damage is incurred they would go after the contractor for the damages. If there is no bond, then the town has no authority to go after the contractor or the developer because the town has no authority over the project. This is the purpose of the bond.
Frank said he was concerned this would turn into a legal battle. Richard agreed and it is not the responsibility of the Planning Board to review the house lots. This Board’s charge is with the construction of the roadway and if it is all completed and ready to close the project. Then it would be sent to Town Council for street acceptance. Some improvements are not completed right away. In that time, a few homes may be built. Withholding the bond ensures repairs could be done to the roadway which is under control of Mr. Griffin.
Mr. Griffin said the Board signs a plan and states it is approved with no guarantee lots are suitable for building. Richard said that was incorrect, this is under subdivision control. Mr. Griffin said he is doing his best to make a nice subdivision that is going to be completed. It does not say that he has to guarantee the road. Mr. Griffin felt his integrity should go somewhere with this and the Board cannot hold money for long-term maintenance.
Frank noted four homes are done and are paying the full tax rate, money from taxes could be used to fix the road if needed. Mr. Griffin said once the town accepts the streets they use tax money to repair them.
Aldo said the town is not looking to keep the money forever; the town needs to keep the money for insurance until he is finished there. Mr. Griffin said he was always told when things are done, the Board releases the bond. Richard said there is a separate house contract versus the subdivision. The roadway is unrelated to the completion of the homes and the lots. The road can be 100 percent complete and the bond would be released with no homes built. In this case, the project has yet to be completed and the town would be holding a pittance for the rest of the project. The town does not have the authority to request the roadway be repaired because we do not have a bond to go back on. The bond should be tied into the responsibility to complete the
project. Katie asked if the reason is because there is a risk from the construction equipment or for any type of damage that may occur? Richard said the final course is usually not put down in the middle of a project; it is done towards the end. Jose asked when is the project considered complete, is it in 10 years? Richard said a project is complete when it has monuments, bounds, and street signs and is 100 percent completed.
Mr. Griffin said integrity should count for something. Katie said the Board cannot judge things that way; it is not about the people. Mr. Griffin said there is a small punch list to take care of and if he could get the money back he could move forward.
The Board discussed the issues that were outstanding. Jill said completion of the project means moving the drain and Mr. Griffin has refused to do this, so then the project will never be complete. Aldo asked if the drain was there before? Richard said yes, it existed, but was not shown on the original plan. There were two mistakes made. Mr. Griffin’s engineer did not show the drain on the plan and the town’s inspection person did not pick up on it being missing from the plan. Typically drains are relocated so they are not driven over because eventually they will break up. Frank asked about Cedar Woods with the drain in the same location as this one. Frank said we are setting a precedent making one person move the drain and not
another. Richard said he cannot speak on behalf of the Cedar Woods project, he did not know the issue with that catch basin.
Aldo felt these problems should be worked out before the Board votes. The Board reviewed each outstanding item. Richard noted once the bond is released, the Board approves the subdivision as staying the way it is. Mr. Griffin said the DPW is making recommendations that are up to the Planning Board to decide. He was never mandated to move that drain and it does not need to moved and that should be the end of the issue. Mr. Griffin said he has paid the town to inspect the subdivision.
Richard left the meeting at 8:55 due to illness.
Mr. Griffin said he really wants to finish this project and the Town is holding bond on a list of items, but should not be holding money for the catch basin. This was never mentioned before.
The Board discussed the $15,000 and the release of bond money. Mr. Griffin said again, it does not say in the Ordinance that the town can hold money for long-term maintenance.
The Board discussed the requirement of the DPW to move the catch basin. Aldo said it may be beneficial to speak to Bob Donahue from the DPW. Katie agreed and said she would like to speak with him and with Attorney Donahue. Jill suggested continuing and getting more information. Jose said the problem is that he has put the top coat down already. Mr. Griffin said he has always done it this way and it was alright with the town. He said he discussed it with Richard and he was trying to work with the DPW all summer. Mr. Griffin he was held up by the DPW and their “wish list” all summer long. Mr. Donahue approved the topcoat.
Jose said he would like to give the $24,000 to Mr. Griffin to move the project along.
Aldo said he would like to meet with Mr. Donahue to accomplish what everyone wants get done.
Frank said paving plants are shutting down now and nothing can be done until the spring.
Katie moved to release $6,600.00 dollars from the bond for the following items:
o $1,200 for the restoration of the silt fencing
o $200 for the bolt on the detention basin
o $1,000 for the vegetative growth at the detention basin
o $3,000 for the vegetative growth throughout the tree belt
o $800 for the mulch off the tree belt areas
o $200 for the removal of the crushed stone
o $200 for the transformer pad
Will second. UAV.
Katie said she would like to move to continue the discussion on $17,500 for the long-term maintenance of the road and for the moving of the catch basin, to next meeting in order to talk with Mr. Donahue and town counsel; Aldo second. Discussion: Jose suggested having legal counsel available to the Board at the next meeting. Aldo said they could ask Attorney Donahue to come. Mr. Griffin said the DPW said the decision is up to the Board. Frank said he was not comfortable passing the total amount through. Four in favor; Will opposed.
Mr. Griffin asked the Board how they would like him to repair the key joint? Katie suggested waiting to see about moving the catch basin. The Board discussed the key joint fix and what the Board wanted to see done.
3. Board of Appeals – The next meeting would be held on Monday, October 26, 2009.
4. Other Business – CPA Member – Will volunteer to be the representative for the Planning Board.
Jose moved to appoint Will as CPA representative for the Planning Board; Aldo second. 3 in favor; Katie abstaining
6. Date of Next Meeting
The next regularly scheduled meeting of the Board will be held on Wednesday,
November 4, 2009.
7. Adjournment
Katie moved to adjourn the meeting at 9:50 p.m.; Aldo second. UAV.
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Katie Harrington, Secretary
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