Minutes of Meeting—July 15, 2003
The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.
At 7:30p.m., Robert D’Amelio, Chairman, called the meeting to order.
Members present were: Robert D’Amelio, Richard Gelpke, Rodney Frias, Joan Melillo
Member absent was: Peter de Bakker
7:30 p.m. Administration
Present was: Aldo Cipriano, Town Counsel
Richard Gelpke, seconded by Joan Melillo, moved to accept the June 17, 2003 minutes as amended.
Vote: 4-0-0, Unanimous
The Board is in receipt of correspondence from Mr. Geoff Charron of 5 Pheasant Trail:
June 26, 2003: Letter requesting waiver of Pheasant Trail subdivision tree planting requirement.
July 7, 2003: Letter stating Mr. Charron’s inability to attend July 15, 2003 Planning Board meeting, offering to plant Silver Birch instead, should Board see fit to grant a full waiver, including pictures of property showing where trees are planned according to Board’s Order of Conditions.
The Board discussed the landscaping and pictures submitted by Mr. Charron. The Board noted Mr. Charron’s offer to plant a stand of silver birch in place of the planned trees.
Richard Gelpke, seconded by Rodney Frias, moved to waive the tree-planting requirement for 5 Pheasant Trail.
Vote: 4-0-0 unanimous.
The Board is in receipt of a letter regarding the Falls Brook development, from Mr. Farooq Ansari. The letter states that Ansari Builders, Inc. will complete construction of the Falls Brook development by August 31, 2003.
Mr. D’Amelio noted that the Board’s primary concerns with respect to the development, in particular, the paving of the road. Mr. D’Amelio recommended that the Board vote to rescind the bond for Falls Brook, should Ansari Builders, Inc. fail to complete construction by August 31, 2003 as stated by Mr. Ansari.
Mr. Gelpke noted that the work necessary to satisfy the Planning Board is of a minimal nature, and should not require longer than the time estimated by Mr. Ansari.
Town Counsel noted the importance of holding a show cause hearing when attempting to rescind a construction bond. The Board assured him that several hearings and discussions relating to the Board’s dissatisfaction with construction progress had been held over the course of the Falls Brook project. Mr. Frias noted that the Board gave Mr. Ansari notice last year that the taking of the bond was a possibility.
Richard Gelpke, seconded by Joan Melillo, moved to send a letter to Mr. Ansari stating the Board’s intention to revoke the bond at its first meeting in September 2003 should work not be completed according to the schedule Mr. Ansari set forth in his letter dated June 20, 2003.
Vote: 4-0-0, Unanimous
Mr. Gelpke informed the Board that he would be unavailable to attend Board meetings in August 2003.
7:45 p.m. 151-153 Washington Street
Present Were: Steve Poole, Engineer for Applicant
John Kuzinevich, Atty. for Applicant
James Boyle, Tuck’s Truck Sales (Applicant)
Maxwell Circle Residents
Donald Garcia, Chairman, Economic Development Commission
Jack Morse, 12 Harriman Road
Joseph Durant, Selectman, Town of Hudson
Mr. Frias recused himself from the hearing.
Mr. Gelpke noted that the issue originally scheduled to be heard at 7:45 p.m. seemed to have changed, based on correspondence from the applicant. The applicant had originally come before the Board to discuss a retaining wall at the rear of the property. Plans submitted for tonight’s meeting addressed the addition of parking spaces at the front of the property.
Mr. D’Amelio noted the applicant’s inappropriate use of a scheduled hearing for a completely different issue.
Town Counsel noted that he had received a very detailed opinion request relative to the issue of zoning on the lot at 151-153 Washington Street and relative to section 5.1.21 the Zoning By-Laws, and inquiring whether or not the lot in question qualified for zoning relief through a special permit to expand the less restrictive commercial usage by-laws into the more restrictive residential district located in a rear corner of the lot.
Town Counsel submitted an opinion to the Board and read it into the record. Town Counsel noted that this opinion should be used with respect to the hearing’s original purpose and no other.
Copies of the opinion were furnished to Boyle’s counsel and to Barbara Masciarelli. Town Counsel found that the lot did not qualify for a special permit, and suggested the Board allow counsel for the applicant and counsel for the Maxwell Circle Residents an opportunity do their own zoning research and to submit their own findings, as the Town did not have the resources or obligation to do a comprehensive title examination.
Atty. Kuzinevich stated that his client intends to withdraw the plan for the wall without prejudice, for revisiting at a later date.
Mr. D’Amelio noted his disappointment at the manner in which the applicant attempted to simply switched issues in a public hearing with no formal request to the Board. Mr. D’Amelio also noted that the Internal Traffic Committee tonight had not signed the plans before the Board tonight.
Don Garcia noted that applicant plans to withdraw his plan to push the wall into the residential zone. Mr. Garcia added that before the Board tonight is a plan showing existing conditions of the site with the exception that parking is being added, requiring site plan approval. Mr. Garcia stated that the matter before the Board seems to be a simple one.
Mr. Morse inquired whether a separate issue would require a separate hearing, with appropriate advertising.
Mr. Poole noted that he was involved in a project involving the addition of six spaces, which did not go through site plan review. Mr. D’Amelio responded that there was no mechanism in place to inform the Board about people who fail to come before them.
Town Counsel stated that the applicant should submit a formal letter to the Board withdrawing plan for a wall in the rear of the property.
Mr. Garcia stated that in the site plan review process changes in plans do not always require a new site plan review. Mr. Garcia noted that the parking in question was part of the original plan that the Internal Traffic Committee signed.
Mr. Gelpke specified that according to section 7.1.7.1 of the Zoning By-Laws, a public hearing is only required for site plan changes that may substantially impact abutters. Mr. Gelpke noted that the particular change in question was not of substantial impact to abutters.
Mr. Durant stated that he is not opposed to the plan before the Board this evening, although the Selectman gave no specific direction that the applicant should come before the Board tonight, or bypass the Internal Traffic Committee in the site plan review process. Mr. Durant noted that Mr. Boyle claimed at the Selectmen’s meeting on June 30, 2003 to have already withdrawn the original plan for a wall at the rear of the property. Mr. Durant told the Board that on the plan that the Selectman saw on June 30, the parking spaces as drawn didn’t accurately reflect depth of the spaces, but the that spaces were drawn accurately on the actual lot.
Mr. Durant stated that the Board of Selectmen will review this plan again at their meeting on July 21, 2003. The Selectmen will not issue a finalized license until the applicant completes the site plan review process. The Selectmen will consider extending the temporary license due to the time required for the site plan review process.
Mr. Morse questioned whether the first plan was still on the table until it is legally withdrawn. Mr. Morse expressed his concern that the original plan might in the future appear to have been approved at this hearing. Mr. D’Amelio stated that the Board considers that plan withdrawn, though it anticipates a formal letter from the Mr. Boyle or his attorney.
Mr. Poole verified for Mr. Gelpke that all concerns put forth by the building inspector had been addressed with the current parking space plan.
Mr. D’Amelio noted that it would have been more appropriate for the applicant to come before the Board formally to request a site plan waiver for this parking plan.
Richard Gelpke, seconded by Joan Melillo, moved to close the public hearing on the withdrawn plans.
Vote: 3-0-0
Joan Melillo, seconded by Richard Gelpke, moved to accept the plan dated January 31, 2003, last revised on July 7, 2003, authored by Consolidated Design Group, which changes the existing parking spaces at 152-153 Washington Street from eighty-nine to ninety-five, specifically 79 display spaces, 10 employee spaces, 2 spaces for the handicapped, and 4 customer spaces, and to authorize the agent of the Board to sign said plans, with the condition that a formal letter withdrawing the previous plans be received by the Land Use Coordinator.
Vote: 3-0-0
8:15 p.m. 4 Bonazzoli Avenue
Present were: Mark Piermarini, Hamwey Engineering, Inc.
The applicant has changed the original plan and requests that the Board determine whether the applicant needs to return for site plan review of the revised plan.
Mr. D’Amelio noted that the Building Inspector recommended a new site plan review based on the changes to the plan.
Mr. Piermarini presented the issue to the Board. As part of the original plan, the applicant cleared a large amount of brush in preparation for the building of a retaining wall. When the applicant’s engineers double-checked the grades prior to installation of the retaining wall to ensure that the original measurements were still valid, they found that the grade of the land in this area was not as severe as original plan showed. In addition, they found an existing riprap slope. Accordingly, the engineers for the Affordable Interiors reduced the planned wall’s dimensions to 115 linear feet.
Mr. D’Amelio noted that 1:1 slopes, as shown in the new plan, are difficult to maintain. He explained that the Board would need to inspect and have detailed control during construction of such a slope, as the process for building it would have no room for error.
Mr. Piermarini stated that Hamwey Engineering, Inc. draws plans according to MA Highway Department standards.
Mr. Morse recalled that the project’s abutters had been present at prior hearings and discussions relating to 4 Bonazzoli Avenue, and thought it might be wise to hold a public hearing as a courtesy so that abutters would be informed of the change in the plan.
Mr. Piermarini stated that the new wall would be less expensive and more esthetically pleasing than the originally planned wall. He noted that the new wall would include a guardrail, and that run-off would be handled as originally outlined and approved.
Mr. D’Amelio stated that he could not waive a site plan review of this change without the input of an engineering consultancy firm, such as EarthTech. If such a firm gives a positive review of the changes, then the Board would be satisfied that the changes do not require a site plan review.
Affordable Interiors agreed submit a $2500 deposit and a plan revised for clarity to Lara Simpson to be forwarded to EarthTech, with the goal of reviewing EarthTech’s report at or before the next Planning Board meeting on August 5, 2003.
Adjournment
At 8:45 p.m., Joan Melillo, seconded by Rodney Frias, moved to adjourn the meeting.
Vote: 4-0-0, Unanimous
lcs
cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
Antonio Loura, Selectman
Manny Resendes, Selectman
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