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Planning Board Approves Site Plan for Twin Boys LLC at 24 Bedford Street After Conditions, Applicants Dispute Surety Language

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Summary

The board approved site plan review for Twin Boys LLC’s contractor base at 24 Bedford Street with 18 conditions; the applicant accepted the draft decision but objected to a condition requiring surety for certain drainage and loaming work prior to building permit issuance.

The Lakeville Planning Board on June 12 approved site plan review for 24 Bedford Street, the proposed contractor base submitted by Twin Boys LLC, adopting a drafted decision that incorporates 18 conditions prepared by town counsel.

Matthew Costa, attorney for the petitioner, told the board the applicant had reviewed the draft decision and would ask the board to adopt the draft conditions as presented. The board read the conditions into the record. Key conditions require: incorporation of the latest site drawings into the approved plans; submission and approval of a water connection application to the Select Board prior to a building permit; a $5,000 deposit to fund required inspections held in escrow; sedimentation and erosion controls in place before construction; limits on construction hours; completion of drainage infrastructure to the planning board’s satisfaction or submission of a surety; a functional stormwater management system before an occupancy permit; landscaping maintenance and replacement obligations; preconstruction meetings; and a two-year lapse provision if work does not commence.

The applicant and board spent extended time debating Condition 7, which requires drainage facilities and related infrastructure (pipe, loaming and seeding) to be completed to the planning board’s satisfaction prior to issuance of a building permit unless an appropriate surety is posted. The applicant said performing loaming and seeding before building is impractical and asked that the requirement be tied to occupancy instead of building permit issuance. The planning staff and building commissioner explained the ordinance language is intended to ensure the town has either the completed infrastructure or a surety (performance bond or escrow) to allow completion if the applicant does not finish the work. The attorney said the applicant was “not in favor of the condition” but agreed to proceed; the board adopted the conditions and voted to approve the site plan.

The decision also requires a Board of Health review for proposed septic design per a town peer review report and records a requirement that the approved decision and plan be recorded at the Plymouth County Registry of Deeds. The board noted peer review will provide cost quotes that can inform any required surety amount.

The approval includes the standard lapse clause: site plan approval shall lapse if work has not commenced within 24 months except for good cause.

Board members asked the applicant to provide final surety quotes and coordinate with peer review and town staff to settle construction sequencing and escrow amounts.