Minutes of Meeting— September 6, 2005
The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.
At 7:00 p.m., Chairman Robert D’Amelio called the meeting to order.
Present: Robert D’Amelio, Rodney Frias, Dirk Underwood, Tom Collins, and Sante Parente
Jennifer Burke, Town Planner
Kirsten Ryan, SEA Consultants
Causeway Street/Hilltop Road
Present: Tom DiPersio
DPW has reviewed the most recent plans. They have no outstanding issues.
Rodney Frias, seconded by Thomas Collins, moved to approve the plan entitled “Proposed Site Plan of Driveway Construction in Hudson, MA” owned by Niel & Geraldine Fossile as drawn by Thomas Land Surveyors of Hudson, MA dated July 22, 2005 revised August 2, 2005 with the condition that Hilltop Road will remain private in perpetuity and authorize the Agent to sign.
Vote: 5-0-0, unanimous
Mr. DiPersio presented the ANR plan creating the two lots. The Board sees no issues with these lots.
Rodney Frias, seconded by Dirk Underwood, moved to accept the plan entitled “Plan of land in Hudson, MA” owned by Niel & Geraldine Fossile as drawn by Thomas Land Surveyors of Hudson, MA dated May 2005 and authorize the Agent to sign.
Vote: 5-0-0, unanimous
Indian Farm Estates – Definitive Subdivision Plan cont.
Present was: Tom DiPersio, Atty. Dionisi
Mr. DiPersio updated the Board indicating that SEA has sent a letter stating all their concerns have been addressed. He also noted that he had met with the DPW and they have reached an agreement regarding the drainage pipe and easement issues.
He then presented the Board with proposed revisions to the plan. The new proposal for discussion reduces the length of the cul-de-sac to 1350 feet and eliminates 2 lots at the end of the road. The elimination of two lots creates Parcel, A which will remain in the applicant’s ownership.
Jane McDonald-Jenkins, 186 River Street, spoke on behalf of her husband’s family. They would like the safety issues addressed. There is a concern regarding the traffic to be proposed at the new intersection and potential for accidents. She also asked about the turning movements out of the new street. She asked if the subdivision regulations require 2 means of egress. There was also concern regarding the impact on the surrounding wells and increased noise. She asked the Planning Board to deny the waiver request for the increased length of cul-de-sac.
Ray Thompson, 6 Hampshire Circle, does not see left turns out of the new roadway as cause for concern. He also stated that he does not think young children will be present in this subdivision. The ownership of these homes is geared to 40-50 year olds
Tom DiPersio noted that the sight distances are within the safe range for stopping at 40 mph. He also noted that they are proposing Town water and there will be no additional wells to cause impact.
Mary Saaristo, 30 Grove Street, noted that cars travel at high speeds going easterly on River Road. There are a number of accidents at Gates Pond Road. She stated that she is not against the development but is concerned with the traffic.
Rita Chase, River Road, asked if anything had been received from Berlin. She was told not yet.
Darlene Tucker, daughter of the property owner, stated that there has never been an accident into or out of the property.
The Board noted that they had asked Town Counsel for a legal opinion regarding the waiver request for the length of the cul-de-sac. The legal opinion was received at 4:40pm this afternoon. The Board has not had an opportunity to review the opinion.
The applicant asked the Board members to voice their opinions regarding the new proposal. Mr. Underwood and Mr. Collins indicated that the change was not big enough and that 1350’ was still too long. Mr. Collins indicated that he thought the plan was not in the Town’s best interests. Mr. Parente and Mr. Frias stated that they felt the reduction was a concession and recognized the developer’s cooperation.
The Board asked when the Berlin time to act ends. The applicant thought it was about three weeks out.
Atty. Dionisi stated that if he knew the Board would be asking for a legal opinion he would have objected. He would have liked an opportunity to outline the reasons for the waiver requests.
Mr. D’Amelio asked the applicants how they would like to proceed. After a 15-minute recess the applicant returned and asked the Board to present a stronger argument on the new proposal.
Mr. Parente and Mr. Frias indicated that they would support the new proposal. Mr. Underwood, Mr. D’Amelio and Mr. Collins indicated that they would not support the proposal.
The applicant asked for the close of the public hearing and a vote.
Art McCabe, atty. for Doris Jenkins, asked the Board to act expeditiously.
Rodney Frias, seconded by Sante Parente, moved to close the hearing for Indian Farm Estates.
Vote: 5-0-0, Unanimous
Bob D’Amelio, seconded by Dirk Underwood, moved to disapprove the definitive subdivision plan entitled “Indian Farm Estates Definitive Subdivision in Hudson & Berlin, Massachusetts” dated June 7, 2005 last revised August 2, 2005 for the following reason:
The waiver request for the additional length of cul-de-sac is denied due to the fact that the waiver request is not found to be in the public interest and is not consistent with the purpose of subdivision control, therefore, the plan as submitted can not be approved.
Vote: 5-0-0, Unanimous
Planner’s Report
Dirk Underwood recused himself from the Board.
Chestnut Hill Estates
The Board is in receipt of 2 letters from the Oakwood Group. One asking for a bond amount the second asking for the Board to consider two waiver requests. The DPW has provided a bond amount of $136,353.00.
Sante Parente, seconded by Rodney Frias, moved to accept a bond in the amount of $136,353.00 for the Chestnut Hill Subdivision.
Vote: 4-0-0, unanimous
The waiver requests are for only one side of sidewalk and to waiver granite curbing except for the roundings and around the cul-de-sac. The DPW has reviewed these requests and has no comment on them.
The Board took no action on the waiver requests.
Dirk Underwood returned to the Board.
Hillside Retirement Community
Ms. Burke asked the Board if a decision has been made regarding the extra condition relative to a build out schedule. The Board felt at this time they would ask the ZBA to consider applying this condition. The Board asked Ms. Burke to send a letter to the ZBA.
Dirk Underwood recused himself from the Board.
Sauta Farms Condominiums
Ms. Burke explained to the Board that the Fire Chief had neglected to ask that the developer extend the municipal fire alarm system into the development. She noted that there is a condition that allows the Board to review the conditions every six months. She asked if the Board would be amenable to consider a new condition during the six-month review. The Board stated that fire protection is one of the more important things and there should be no question that this will be required. The Board asked Ms. Burke to send a letter to the developer indicating that the Board expects the extension to be done.
Dirk Underwood returned to the Board.
Minutes
Dirk Underwood, seconded by Tom Collins, moved to approve the minutes of August 16, 2005 as amended.
Vote: 5-0-0, Unanimous
3 Bonazzoli Avenue – Site Plan Review cont.
The Board is in receipt of a letter requesting a continuation to the next hearing.
Dirk Underwood, seconded by Tom Collins, moved to continue the public hearing for 3 Bonazzoli Avenue until September 20, 2005 at 8:30 p.m.
Vote: 5-0-0, Unanimous
River’s Edge Estates –Definitive Plan cont.
Present was: Steve Poole, Consolidated Design Group
Sante Parente recused himself from the Board.
SEA and the DPW have reviewed the updated plan. There are no remaining issues with the plan.
The only outstanding item is the discussion of the sidewalk along Brigham Street. Mr. Poole reviewed the proposed sidewalk layout. He also reviewed the cost estimates. There are two available estimates. One is for $286,000 and one is for $242,000.
Arthur Gordon, 100 Tower Street, asked if the Town was contributing money toward the sidewalk. He was told not at this time.
Dave Zanca, Main Street, stated that state funds may be available to help with the cost of the sidewalk.
Walter Holbrook, 275 Brigham Street, stated that he was told that no trucks would be coming from Hudson to the site. That is not the case. He also expressed concern that his water shut off is in the middle of the proposed sidewalk location. He was told that the plans are only conceptual and that final design and all those details will be worked out, if the sidewalk is required.
Tony Albertini, 299 Brigham Street, spoke against the sidewalk. He argued that it is not a safety answer. A sidewalk will give drivers more security and allow for more dangerous driving. He also noted that these developers will use local businesses and will boost the local economy.
Harry Brown, Brigham Street, expressed concern with losing his trees and embankment in the front of his house. Again he was told the plans a strictly conceptual.
The Board stated that the cost of the sidewalk may be too much to ask the developer for, for 10 homes. The Board will research a per unit donation to the Town.
Rodney Frias, seconded by Dirk Underwood, moved to close the public hearing for River’s Edge Estates.
Vote: 4-0-0, unanimous
Sante Parente returned to the Board.
Scenic Road Tree Cutting
In the absence of the tree warden, Ms. Burke indicated that there are 2 trees on Parmenter Road that need to be removed. They are 2 20” Ash trees located at 138 Parmenter Road.
There was no input from the public.
Sante Parente, seconded by Dirk Underwood, moved to close the public hearing.
Vote: 5-0-0, Unanimous
Dirk Underwood, seconded by Tom Collins, moved to approve the removal of 2 20” Ash Trees from 138 Parmenter Road.
Vote: 5-0-0, Unanimous
Coolidge Street/Highland Commons – Site Plan Review/ANR
Present was: Jed Hayes, Sullivan Hayes Companies
Randy Hart, VHB
Tom Collins recused himself from the Board.
Mr. Hayes presented the Board with an outline of the project history. He then provided an overview of the new proposal. The proposal is for 334,000 sf of retail space. There will be two access points off Rte. 62. The project will provide $800,000/year in tax levy. There is a total of 79 acres only 34 will be developed. Estimated completion will be Fall of 2007.
Mr. Hart reviewed with the Board the updated traffic assessment and mitigation. The issues are largely the same and the mitigation has remained intact except for some minor issues.
Mr. D’Amelio asked about uses in Berlin. He was told that the traffic assessment has taken into account the by right uses in Berlin.
The Board noted that SEA Consultants will be reviewing the project. Ms. Burke noted that the Board of Selectmen has already used a consultant to review traffic. It would probably be a duplication of efforts to repeat that process. The Board agreed but asked to be copied on all correspondence between the BOS and their consultant.
Rodney Frias, seconded by Sante Parente, moved to continue the public hearing for Highland Commons until October 18, 2005 at 8:30 p.m.
Vote: 4-0-0, Unanimous
Tom Collins returned to the Board.
Adjournment
The meeting was adjourned at 9:45 p.m.
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
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