Bridgewater board continues public hearing on 4‑lot Moxy Way subdivision after debate over driveway alignment, drainage and HOA controls

The Bridgewater Planning Board continued its public hearing on a four‑lot subdivision at 548 South/Cell Street on June 3 after a multi‑hour discussion about road alignment, drainage, wetlands jurisdiction and homeowner‑association responsibilities.

Larry Silva of Silver Engineering, accompanied by Rebecca Baptist, told the board the applicants have revised plans to address comments: they withdrew a waiver to release an existing house lot, adjusted driveway configurations so the existing house would loop into the new Moxy Way, added missing utilities and tree preservation layers to the plan set, and moved the proposed hydrant closer to the pavement at the fire department's request. Silva also requested a waiver for the center‑line alignment of Moxy Way relative to South Drive, saying the center‑lines are roughly 10–11 feet offset and that the layout avoids the weaving traffic pattern the regulation aims to prevent.

“It's just that the geometry isn't a 90‑degree situation,” Silva said, describing why the center‑lines do not meet the 125‑foot separation standard in the regulation. Town engineer Greg Tanzy and Silvia noted the road layout follows small‑subdivision standards for one‑to‑four lot developments and that the fire department approved the basic roadway geometry and hydrant location.

Board members pressed for safety mitigations. Several members and the town engineer recommended increasing the pavement radius at the subdivision mouth within the existing right‑of‑way so drivers can better line up with South Drive and allow more room when vehicles enter and exit simultaneously, and they discussed adding a stop sign for additional mitigation during school‑hour congestion. Silva agreed to revise the entrance radiuses to the maximum feasible extent and submit the detail for Greg Tanzy's review.

Drainage and the proposed basin on Lot 3 drew extended scrutiny. Board members and the engineer clarified that the basin shown on Lot 3 would serve only that lot's driveway and house runoff, not Moxy Way's roadway drainage; if Lot 3 remained undeveloped the basin would not be required. Conservation commission jurisdiction over wetland crossings and lot‑specific grading was also emphasized: Conservation will review the wetland crossing and order of conditions at its June 11 hearing, and any lot‑level grading changes required by Conservation would be handled through that commission unless they alter the recorded subdivision roadway.

Neighbors raised concerns about Title 5 nitrogen requirements and long‑term maintenance. Carol Lefaber (566 South Street) asked how an HOA would be governed and what recourse abutters have if a private HOA fails to maintain a private road, drainage basins or plowing. Town planner Shane O'Brien said the HOA will be responsible for maintenance, that the planning board requires HOA governance language to be recorded with deeds before lots are released, and that disputes between private property owners and HOAs are civil matters. Regarding septic capacity, Silva said the three lots proposed to use septic would meet Title 5 area calculations for four‑bedroom designs without offsite nitrification, but deed restrictions and HOA covenants limiting bedroom counts and documenting nitrogen controls will be included for Board of Health review.

Several neighbors and board members pressed for protection of perimeter trees after the applicant highlighted that large perimeter trees would remain and that the red‑lined areas show brush clearing only. A neighbor suggested a tree‑protection or tree‑easement condition; the board asked staff to draft language for a decision letter that would preserve trees along property lines.

After exchanging technical clarifications, public comment and staff recommendations, the board debated whether to close the public hearing. Some members favored closure, while others wanted time to review a draft decision letter with conditions. The motion to close was withdrawn; instead the board voted to continue the public hearing to June 17, 2026 and asked staff to prepare a draft decision letter with specific conditions, including revised entrance radiuses subject to town engineer review, tree‑protection language, HOA/deed restriction language addressing Title 5 and bedroom limits, and conservation conditions for any Lot 3 modifications.

Next steps: the hearing will reconvene June 17, at which the board will consider the written decision language and any further public comment before deliberation and a vote.