The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.
At 7:30p.m., Acting Chairman Richard Gelpke called the meeting to order.
Members Present: Rodney Frias, Joan Melillo, Peter de Bakker, and Richard Gelpke
Members Absent: Robert D’Amelio
7:00 Discussion: Cluster Development By-Law
Mr. Gelpke reminded the Board of the structure and reason for the Community Development Plan (CDP). Mr. Gelpke suggested that each Board member take a nearby town’s cluster zoning by-law and examine it in depth.
Mr. Gelpke discussed a plan to formulate a preliminary by-law by February 2004, and to perhaps get the by-law on the fall Town Meeting Agenda for 2004.
Mr. Frias elected to examine Westborough’s by-law; Mrs. Melillo will tackle Marlborough’s, and Mr. de Bakker will look at Acton’s.
Mr. Gelpke would like to see a GIS map of residential parcels in Hudson consisting of five (5) acres or more. Mr. DiPersio will email a list of local cluster zoning developments to Ms. Simpson.
7:30 Administration
Joan Melillo, seconded by Peter de Bakker, moved to approve the minutes of September 16, 2003, as amended.
Vote: 4-0-0, Unanimous
7:45 Discussion: Pheasant Trail
Present: Richard Beaton, Hayes Development
Richard Hayes, Hayes Development
The Board is in receipt of a memo from Bob LaBossiere of DPW, dated October 7, 2003, listing the recommendations of the DPW relative to Brigham Street and the roads at Pheasant Trail.
Mr. Beaton expressed his agreement with the recommendation to resurface Brigham Street, and other related work. Mr. Beaton agreed that this work could be completed by October 31, 2003. The Board made it clear that an extension permit was contingent upon completing Brigham Street to the satisfaction of the DPW and that the DPW would forward to the Board written notice it was satisfied with the reconstruction performed.
Regarding the roads within the subdivision, Mr. Beaton indicated that Hayes Development intends to wait through the winter season to top the road as previously recommended by the Board, but to do some intermediate work, such as replacement of street trees, placement stone bounds, and berm patching.
Mr. Gelpke asked for the subdrain analysis status. Mr. Beaton responded that an engineer will be on site tomorrow for that purpose. He expects that Mr. LaBossiere will attend the analysis meeting. Hayes’ plan is to get the subdrain system functioning before winter.
Peter de Bakker, seconded by Rodney Frias, moved to extend the Pheasant Trail subdivision completion deadline until June 2004, subject to the completion of the Brigham Street work by October 31, 2003 to the satisfaction of the DPW who will indicate acceptance of the work in writing to the Board.
Vote: 4-0-0, Unanimous.
The Board further requires a written communication indicating work that will be done within the subdivision based on the engineer’s recommendations stemming from the visit on October 8, 2003.
8:00 ANR: Houghton Court
Present: Dave Zanca, Zanca Land Surveyors
Ralph Warner, Lincoln Street
Jeff Wood, Building Inspector
Mr. Zanca and Mr. Warner presented the ANR to the Board. The plan is to subdivide the lot at 54 Houghton Street from front to back, into two lots that each hold one building. Each would also have its own ROW. Mr. Warner pointed out that M.G.L. Chapter 41, Section 81L holds that division of a lot on which two or more buildings are standing , into lots on which at least one building is standing, does not constitute a subdivision. He also cited a court case, Citgo Petroleum Corp. v. Planning Bd of Braintree. 24 Mass. App. Ct. 425, whose decision held that such a division of land was proper in such a similar to this one.
Each building currently has its own street address. There were no comments from the Building Inspector.
Peter de Bakker, seconded by Rodney Frias, moved to accept the plans drawn by Zanca Land Surveyors and submitted for Approval Not Required, titled “Plan of Land, 52-54 Houghton Street, Hudson, MA,” dated September 19, 2003, and to authorize the agent to sign.
Vote: 4-0-0, Unanimous.
8:15 Discussion: Washco
Present: Jeff Wood, Building Inspector
The Board is in receipt of a legal opinion from Town Counsel pursuant to required easements for destruction of the garage straddling the property at 176-182 Washington Street and its abutting property to the south. Town Counsel opines that the Town’s position should be to issue a demolition permit for 176-182 Washington Street. Any resulting damage to the neighbor to the south is a civil matter, not involving the Town’s or its agents.
Condition six (6) of the Order of Conditions reads “Prior to construction the proper easements will be forwarded to the Town for review and approval.” After discussion, and based on input from the Town Counsel and the Building Inspector, the Board decided that condition six, as written, does not require amendment in order to comply with Town Counsel’s opinion and the Building Inspector’s decision to issue a demolition permit for the building in question.
No further involvement on Board’s part is necessary.
8:30 ANR: Houghton Street
Present: Tom DiPersio, Sr.
Jeff Wood, Building Inspector
Mr. DiPersio presented the ANR to the Board. One lot in the commercial district will be split into two lots, each containing one building. One of the new lots will provide a new site for the Hudson Food Pantry. The Building Inspector noted that there are no requirements for parking, frontage or side-lot setback in the C1 district.
Peter de Bakker, seconded by Rodney Frias, moved to accept the plans drawn by Thomas Land Surveyors and submitted for Approval Not Required, titled “Plan of Land in Hudson, MA,” dated September 26, 2003, and to authorize the agent to sign.
Vote: 4-0-0, Unanimous.
8:45 ANR: Larkin Lumber (Thomas Land Surveyors)
Present: Tom DiPersio, Sr.
Larkin Lumber wishes to identify all of their land. Creation of parcel D shown on page 4 of preliminary plans requires the Board’s attention. It will be conveyed to Mr. Snyder, whose house is built right on the property line.
The Board decided to hold a vote until receipt of the final plans on October 21, 2003, from Thomas Land Surveyors.
9:00 Discussion: Falls Brook
Present: Recreation Director Linda Ghiloni
The Board is in receipt of a memo from Ms. Ghiloni regarding a light pole, tree, and sprinkler system which have been erected, planted, and placed, respectively, on Town Property abutting the Falls Brook subdivision, specifically at 10 Falls Brook Road, and at 15 Falls Brook Road. Ms. Ghiloni produced correspondence from the Recreation Department to Ansari Builders, spanning the past two years and alerting Ansari builders of this situation.
The Board scheduled a site visit for October 21, 2003 at 6pm, at Fall’s Brook. The Board and any interested parties will meet in cul-de-sac.
Rodney Frias, seconded by Joan Melillo, moved to adjourn.
Vote: 5-0-0, Unanimous.
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