WESTFIELD – The Planning Board voted last night to approve a preliminary plan for an 11-lot subdivision on the city’s border with Southampton, but expressed concerns about access to the development.
The 5-1 vote to approve the non-binding preliminary plan for the R&L Golden Estates project focused on the fact that the preliminary plan will have access to the development only through Southampton.
The Planning Board has rejected the original subdivision plan several years ago. The developers, the Golden Acres Trust, then appealed that decision to the Land Court in Boston and a resolution was negotiated through court-ordered arbitration.
The arbitration included three parties: the developers, the city and residents of Old Long Pond Road. The Town of Southampton was not a party to that process.
The arbitration process has resulted in a number of waivers from the city’s subdivision rules and regulations, including waivers from the requirements that the subdivision street have a 50-foot wide right of way and that the paved road be 25-feet in width. Another waiver is the absence of sidewalks in the subdivision.
The developers are proposing a 20-foot wide street and that the drainage system be comprised of two swales on either side of the street.
The property, held in a trust, abuts the city line with Southampton at the end of Old Long Pond Road, which is a private way in Westfield. As part of the negotiated settlement the developers agreed not to use that road and would install a gate at the end of Old Long Pond Road to prevent access to the subdivision via that route.
One of the primary concerns of the Planning Board and Southampton residents is that the land where the proposed subdivision is to be constructed will only be accessible through Southampton via Old County Road, described as narrow and winding by residents.
The developers presented the preliminary plan to the Planning Board as a requirement of the arbitration process.
The Southampton Board of Selectmen notified the Planning Board that it, as well as town officials, are opposed to the project with access only through their town because of the condition and character of Old County Road which is narrow and winding.
Planning Board member Carl Vincent, a retired firefighter and EMT, voiced strong opposition to approving a plan with the gate on the grounds that municipal services, including emergency responders, would have limited access to the subdivision through Southampton.
Vincent made a motion to deny the preliminary plan, but that motion failed because of the lack of a second and was never voted upon, although other board members also stated that they would not approve a definitive plan which included the gate at the end of Old Long Pond Road.
Board Chairman Phil McEwan said that the preliminary plan is just advisory and is not binding upon the developers, but that it is an opportunity for the board to inform the developer of the board members’ concerns.
McEwan said that Old County Road ‘is not up to snuff” as the only access for construction equipment and, eventually, subdivision traffic. “I think we have to bring Southampton to the table, to have their blessing to the final plan.”
Vice Chairman William Onyski said “the (Planning) Board feels that the gate is strongly discouraged on the definitive application. Southampton is a pretty big stakeholder but they were not at the arbitration table.”
“No gate would allay a lot of Southampton’s concerns,” Onyski said. “Approval of the preliminary plan keeps the city out of immediate (court) action, but it also tells the applicants that the gate is a problem, gives them time to figure it out.”
Board member Peter Fiordalice said the gate needs to be approved by the city’s Police and Fire Departments, as well as the Planning Board “were it to show up on the (definitive) plan.”
The board then voted to approve the preliminary plan, but added several conditions which “strongly suggest” access from Old Long Pond Road, as well as Old County Road.
