Minutes of Meeting— June 15, 2004
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, Jennifer Burke, Rodney Frias, Dirk Underwood
7:30 Laurel Drive
Present: Stacy Flood, 62, Laurel Drive
Mirela Cail, Laurel Drive
Chuck Rossignol, 63 Laurel Drive
Mr. D’Amelio reported that the developer had met with EarthTech, and that the residents had met with the developer, who has agreed to build rock walls to repair problematic slopes, provided the residents agree to this plan. Mr. D’Amelio read into the record an email from Jeff Wood to the Planning Board dated June 14, 2004. Mr. D’Amelio reported that the Board is in receipt of a report by Haley and Aldrich regarding this site and that said report has been forwarded to EarthTech. Mr. Flood reported that the developer told the residents that he plans to build a 7-12 foot high rock wall. At his home this means that the rock would be approximately five feet from the deck. He shared his understanding that the developer does not plan to touch the top of the hill, which has collapsed.
Mr. Frias arrived at 7:40 p.m.
Mr. Flood feels repairs proposed by the developer will not come close to fixing this problem. The neighbors have decided as a group not to accept this plan as proposed. He pointed out that the developer did not comply with the June 8, 2004 deadline for submission of plans, and the developer has told the residents that he has no intention of fixing the slope and no intention of devising a plan. Mr. D’Amelio will call Town Counsel to find out what the next step is. Chuck Rossignol, 63 Laurel Drive, wants to make sure the erosion behind his property is addressed. Mr. Flood added that the development would need to tie into the Town’s storm drain. He also mentioned that any remediation might encroach on Town property, with wall footings, etc.
Public Hearing: 154 Washington Street
Present: Frederick Busconi, Attorney for Petitioner
Carlos Frias, Hancock Associates
Submitted:
“Information Sheet for Presentation [to] the Planning board, HA Project No. 7566AA – Santos,” dated June 15, 2004 and submitted by Carlos Frias
Mr. Busconi reported on his client’s understanding of the ZBA hearing for Petition 16-02/03. Mr. Santos lost his right to appeal when the appeal period ran out. The building as presented tonight has had one corner removed, and the footprint has been designed 100 square feet larger than originally proposed. Mr. D’Amelio asked the Petitioner’s representatives how the building was substantially different from the first one. Mr. Busconi threatened the Planning Board. (OK, ok, you’ll probably ask me to remove it, but it’s true!)
Mr. D’Amelio explained that the Board is constrained in making a decision because they don’t have the first plan to compare this new one to. He was not adverse to hearing this request or to ruling the project substantially different if appropriate, but it would be difficult to make a decision with nothing to compare the new plan to. Mr. Frias referred the Board to the information sheet submitted this evening. Mr. Busconi discovered that he did indeed have a copy of the original plan with him. He read a letter from Jeff Wood to the Applicant, Dec 23, 2003. Mr. Carlos Frias explained that the square footage of existing house itself is 4300 square feet, and that of the garage is 3600 square feet, however, in square footage, the footprint of the garage is larger than that of house.
Mr. Rodney Frias reminded recalled that the Board is historically in support of the project, which “dresses up” the area. Mr. Rodney Frias recommended a motion to accept the current plan as substantially different and to recommend the petition for reconsideration by the Zoning Board of Appeals. Lawrence Norris recalled that he did give the Applicant the wrong information the night of the original ZBA hearing, which was corrected the next day. He added that the determination of what makes a change substantial is in the eye of beholder, and that the ZBA had no objection to re-hearing the petition. Recently, a number of these cases have come before the Town, and the Town thus far does not have a consistent way of ruling. At the moment the Building Commissioner is charged with being very rigid with
regard to zoning by–laws.
Jennifer Burke, seconded by Dirk Underwood, moved to close the public hearing.
Vote: 4-0-0, Unanimous.
Rodney Frias, seconded by Dirk Underwood, moved to accept the current plan as substantially different and to recommend the petition for reconsideration by the Zoning Board of Appeals.
Vote: 4-0-0, Unanimous.
Dave’s Landscaping bond release
The applicant seeks a bond reduction, to which the Building Commissioner is opposed. Mr. Rykbost took out a bond to cover a cistern that would be necessary for fire protection. Mr. Marques of the DPW confirmed for Mr. D’Amelio that when the DPW performed the test necessary to determine flow to the 469 River Road for the purpose of fire protection, one of the valves which was opened broke, decreasing water flow to the site in question. As a result it appears that Mr. Rykbost may not need the cistern as originally thought, and he has requested requisite relief from the Bond he took out to guarantee site work at 469 River Road. The Board will require more specific information before Mr. Rykbost is allowed to make final hook-up, but at the moment is comfortable releasing 80% of the money.
Jennifer Burke, seconded by Rodney Frias, moved to release 80% of the bond held for site work at 469 River Road.
Vote: 4-0-0, Unanimous.
The Board will request additional connection information from the DPW.
Bolton Street: Tom DiPersio, Jr.
Mr. DiPersio showed a plan that was perhaps approved in 1988, proposing nine lots on the property in question that conform to zoning in that area. Mr. Frias proposes one of the two scenarios, each of which consists of two lots, and which would not entail a complete build-out of the property. The Board would encourage the plan that pulls the road furthest away from the wetlands. The Board suggested that the applicant share the plans with the Director of Public Works and with the Building Commissioner for further insights.
ANR: Map 29, Lot 121
Present: Richard Frias, Attorney for Charles Murphy
Mr. Frias presented the ANR, which has been filed to allow the conveyance of property.
Jennifer Burke, seconded by Rodney Frias, moved to accept the subdivision plan of land titled “Citizens Lot to be conveyed to D. Francis Murphy” and to authorize the agent to sign.
Vote: 4-0-0, Unanimous.
Upon receipt of a “Form A” with Charles Murphy’s signature, the signed mylar will be given to Mr. Richard Frias.
Administration
Jennifer Burke, seconded by Rodney Frias, moved to approve the minutes of April 6, 2004 as amended.
Vote: 3-0-1, Frias abstained.
Jennifer Burke, seconded by Rodney Frias, moved to approve the minutes of April 13, 2004 as amended.
Vote: 4-0-0, Unanimous.
Jennifer Burke, seconded by Rodney Frias, moved to approve the minutes of May 18, 2004 as amended.
Vote: 4-0-0, Unanimous.
Jennifer Burke, seconded by Rodney Frias, moved to approve the minutes of June 1, 2004 as amended.
Vote: 4-0-0, Unanimous.
The Board did not elect to vote to reduce the bond for Falls Brook at this time.
The Board would like to receive ITC minutes with recommendations specific projects, when applicable, in the form of a memo.
The Board will send a letter to Mike O’Malley asking him to attend the July 20, 2004 meeting at 7:45 p.m. to discuss the Lauren Heights subdivision.
The July 6, 2004 meeting is cancelled.
Ms. Burke asked to Board to consider suggesting to the Town an amnesty program for illegal apartments to make them legal as affordable units.
Ms. Simpson discussed a class she is taking that would put her at Planning Board meetings very close to 7:30. The Board stated its preference to simply schedule administrative items for 7:30 to 7:45, to allow for days when Ms. Simpson might be running a few minutes late.
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