The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.
At 7:thirtyp.m., Chairman Robert D’Amelio called the meeting to order.
Present: Robert D’Amelio, Rodney Frias, Joan Melillo, and Richard Gelpke
Absent: Peter DeBakker
7:30 Administration
Present: Robert Ladas, Valvoline, 144 Washington Street
Maria Amezcua, 142 Washington Street
Neil Crothers, Builder for 144 Washington Street
The Board is in receipt of a letter from Attorney Joseph Moreira asking for the release of the covenant for Lot 8, 3 Marychris Drive.
Richard Gelpke, seconded by Joan Melillo, moved to release the Covenant for Lot 8, 3 Marychris Drive.
Vote: 4-0-0, Unanimous.
Mr. Crothers stated that he became aware one week ago of the conditions specifying that the DPW has thirty days to review as-built plans prior to the issuance of an occupancy permit. He had not previously seen the order of conditions.
Mr. D’Amelio explained that the thirty-day notice does not imply a thirty-day waiting period, but simply means that the DPW has thirty days to review the as-built plans. Mr. D’Amelio further explained that ignorance of the order of conditions on your property does not excuse one from complying with said conditions.
Mr. Gelpke remarked that he believes this is why lawyers conduct due diligence before having a client purchase a property or business. Mr. Gelpke explained that the thirty-day notice requirement is a cautionary measure that helps to alleviate some problems that have arisen in relation to past projects.
Ms. Amezcua explained the issues she has been encountering with the owner during construction. She presented pictures of the privacy fence. She stated that the construction workers entered her property without permission, in order to fix the fence.
Mr. D’Amelio decided to visit the site before the next meeting, and asked the other Board members to do the same if possible. 144 Washington Street will be placed on the Agenda for November 18, 2003 at 7 p.m.
7:30 Discussion: Falls Brook
Present: Michael Jones, 15 Falls Brook Road
Sheldon Berman, 10 Falls Brook Road
Arthur Redding, HHS Bldg. Committee
Farooq Ansari, Ansari Builders
Regarding the infringement on Town property occurring near numbers 10 and 15 Falls Brook Road, Mr. D’Amelio stated that the Town is still exploring its options. Based on encroaching winter weather, the changes may not be made until spring. Lawyers for the Town, as well as for the owners of the two aforementioned properties, are discussing possibilities.
Mr. Berman requested a new letter extending the November 15 deadline until further notice. The Board will send a letter to each based on advice of counsel extending the deadline.
Richard Gelpke, seconded by Rodney Frias, moved to suspend the significance of the deadline.
Vote: 3-0-1, Unanimous.
Mr. Ansari stated his intention to build imminently on Lot 19. Mr. Ansari submitted acceptance plans and warrant articles to the Land Use Coordinator.
Jeff Wood stated that it was his understanding that all fill should have been removed from Lot 18 prior to the laying of the hard top to avoid damaging the hard top at a later time with heavy machinery.
Mr. D’Amelio stated that in its current condition he would not recommend the street for acceptance. He added that the problems with Lots 10 and 15 stem from Ansari Builder’s neglecting to properly stake the property, in spite of repeated requests from the Recreation Director to do just that.
Mr. Ansari stated his willingness to rectify the infringements on Town property.
The Board is in receipt of Mr. Ansari’s request for a bond reduction, but does not currently see fit to reduce the bond for Falls Brook. Mr. Wood stated that he concurs. The Board is in receipt of a letter from Mr. Wood stating his opposition to street acceptance at this time.
Mr. Gelpke asked Mr. Ansari what his opinion of Ansari Developers would be if Mr. Ansari were on the Planning Board. Mr. Ansari declined to comment. He feels that he has done whatever had been asked of him and anticipates that in one to one and ½ months the Board will be pleased with the condition of the subdivision.
Mr. D’Amelio stated that the retaining walls concerning the Conservation Commission are an important part of the subdivision, and whether or not the Conservation Commission accepts a “fix”, the Planning Board will most likely not accept the subdivision unless those walls are acceptable to the Board. He stated the Board would most likely not be satisfied unless the walls are in new condition.
Administration
Richard Gelpke, seconded by Joan Melillo, moved to approve the minutes as amended.
Vote: 4-0-0, Unanimous.
Mr. Gelpke reported that he had visited the Chestnut Hills Estates, where the limit line had been demarcated as the Board had requested. Mr. Gelpke noted that the forty-five foot buffer zone does not provide much of a buffer.
Adjournment 9:00
Bob D’Amelio, seconded by Rodney Frias, moved to adjourn.
Vote: 4-0-0, Unanimous.
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