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Planning Board Minutes 07/20/04
Minutes of Meeting— July 20, 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
Administration
Jennifer Burke, seconded by Rodney Frias, moved to approve the minutes of June 15, 2004.
Vote: 4-0-0, Unanimous.

Subdivision Submissions
Thomas DiPersio, Jr. submitted preliminary subdivision plans for Chestnut Hill Estates (#2) and for Jenkins Farm Estates.  Mr. D’Amelio instructed him to submit a $5000.00 peer review deposit for each preliminary plan.  He instructed Ms. Simpson to send no plans to EarthTech until the Board knows who the new engineer will be after the recent RFP was decided upon.

Steve, Poole submitted a definitive subdivision plan for Zina Farms, and Mr. D’Amelio similarly instructed him to provide a $5000.00 deposit for peer review.

Lower Road
Lawrence Norris described conditions at Lower Road; he lives on one corner lot there.
Fred Malloy owns the last buildable lot in this area.  Said lot has wetlands.  Mr. Norris suggests that the Planning Board extend the driveway leading into Malloy’s land, as this would be the least intrusive environmentally and would eliminate the need to extend the road to the Town’s standards.  The Board will need to determine whether it is allowable to put a driveway through a paper street.  Mr. Malloy’s lot does not extend to Causeway Street.  There is an easement for a sewer.

Lauren Heights Completion
Present:  Mike O’Malley
             Leonard Tremblay 19 Hickory Lane
             Claudia Muller, 200 Chapin

Mr. Tremblay reported that the construction creating mud.  He stated that the developer hauls in the rain and tracks mud in the road which dries, creating dust.  He is also concerned that trucks are using excessive speed.  Ms. Muller echoed Mr. Tremblay’s concerns about speed.

Mr. D’Amelio instructed Ms. Simpson to send a letter to Michael O’Malley indicating that the Lauren Heights subdivision approval has expired, and that he is to cease and desist all work until he appears before the Board to discuss the issues of mud, dust and speed.  Mr. D’Amelio furthered instructed Ms. Simpson to send the letter via both first class and certified mail.

Bella’s Touch-Free Car Wash
Present:     David Officer

Mr. Frias recused himself from this discussion.  Mr. D’Amelio explained that the Board has asked that the applicant prove that he has met all conditions of his site plan approval prior to receiving an occupancy permit.  Mr. Officer stated that the Applicant’s engineer is preparing an as-built plan.  Mr. D’Amelio instructed him to provide not only the as-built plan, but also a copy of the originally approved plan, as well as a narrative telling where the differences are.
Mr. Officer responded that the Board would have that information this week.

In particular Mr. D’Amelio stated that the Board would be looking for a written report from EarthTech, as well as a storm-ceptor report.  The Applicant or his representative will return for a discussion at 8:00 p.m. on August 3, 2004.

Site Plan Review:     439 Main Street
Present:     Arthur Redding, Applicant
                Steve Poole, Engineer for Applicant
                Alan Davis, 441 Main Street
                Tom Davis, Property Manager of 443 Main Street

Mr. Poole requested a waiver of the required 1:40 scale, as he has submitted plans with a scale of 1:30.   The Board indicated that Mr. Poole should seek a written waiver from the Building Commissioner.  The proposed site plan includes changes necessary to accommodate a tenant, a bank, which will need a drive through lane.  The offices of Hudson Appliance will be located on the site in the main building, with a storage building at the rear of the site.  The Internal Traffic Committee’s requirements have been met.  The Applicant is currently attempting to relocate a light and power pole to create more space in the rear traffic lane.  Mr. Poole pointed out the items that have been amended to satisfy the Conservation Commission.  The finished storage building will have a footprint that is 800 square feet larger than the footprint of the old redemption center.  The storage building is new, with a pole foundation.

Mr. D’Amelio called for public comment and questions.  Mr. Alan Davis is concerned about the trees which currently make up a vegetative buffer between his own residential property and 439 Main Street.  The Applicant responded that a fence would be erected and that he would cut as few trees as possible.  The Board noted that the fence is not currently shown on the plan.

The Board will walk the site with the Applicant and with Mr. Alan Davis.  The Board needs to know what surface exists and what surface will be new.  The Board noted that the plan shows chain-link fencing near the dumpster.  The Applicant explained that the fence will have tan-colored vinyl slats.  The proposed sidewalk is four (4) feet wide, and must be approved by the ADA.  The sidewalk will be concrete.

Mr. Alan Davis explained that rain and snow collect at the bottom of his driveway and drain onto the property at 439 Main Street.  He worried that if the drainage on site were changed, then his property might not be able to drain onto 439 Main Street, which might lead to flooding in his cellar.  He offered to point out the area in question during the site walk.  The Board noted his concern, but is not currently convinced that Mr. Alan Davis’ drainage concerns are the Applicant’s responsibility.

In addition to seeking a written scale waiver from the Building Commissioner, the Applicant must show on the plan where the fence will be installed, and where the vituminous concrete will be laid.

Mr. Tom Davis, asked if anything would be done to affect drainage on the side of the site abutting 433 Main Street.  In particular, the catch basin drains very slowly, and the former owner installed a three-inch PVC pipe to drain overflow over into 433 Main Street’s parking lot.  The Board noted that the catch basin will need to be cleaned out, and that the Board would evaluate the situation during the site walk.

The applicant will make changes and resubmit the plan to the Planning Board.

Peter de Bakker, seconded by Jennifer Burke, moved to close the public hearing and to approve the site plan titled  “Site Plan for 439 Main Street,” drawn by Steven Poole of Consolidated Design Group, dated April 30, 2004 and revised through July 2, 2004, and to authorize the agent to sign once the following changes have been made to the plan:

Note the dumpster pad with fence.
Note that no trees shall be cut without prior approval from the Planning Board.
Note the vituminous/concrete berm.
Note the sidewalk and its measurements.
Add a locus plan.

Vote: 5-0-0, Unanimous.

ANR: Main Street

The Applicant plans to divide a lot in two, without creating new frontage.  Mr. de Bakker verified that the submission meets requirements for acceptance of an ANR.

Jennifer Burke, seconded by Peter de Bakker moved to accept the ANR plan titled “Plan of Land in Hudson, MA,” drawn by Zanca Land Surveyors, dated June 11, 2004, and to authorize the agent to sign.
Vote: 5-0-0, Unanimous.

Discussion:     Pheasant Trail
Present:     Richard Hayes and Dick Beaton of Hayes Development

Mr. D’Amelio noted that the developer has started to remove the barn.  The developer submitted pictures.  He explained that the lot holding the pile of dirt will be built on next year, but that he can remove stumps now.

Jennifer Burke moved to allow the developer to pave.
There was no second.

The Board directed the developer to remove any stumps, rocks, and debris and to level off the pile and spread topsoil, which should then be seeded.  The barn is still in the ROW.  The Board instructed the developer not to request permission to pave until there is a foundation laid or the above conditions are met.  Mr. D’Amelio will walk Lots 15 and 16.  Granite has been waived except on intersections.

Rodney Frias, seconded by Robert D’Amelio moved to appoint Ms. Burke as the  Board’s MAGIC representative.
Vote: 5-0-0, Unanimous.

Robert D’Amelio, seconded by Peter de Bakker, moved to adjourn.
Vote: 5-0-0, Unanimous.