Minutes of Meeting— August 3, 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, Peter de Bakker
Administration
Arthur Redding presented a revised site plan for 439 Main Street. Changes requested by the Board as a condition of approval have been implemented. Page three has been added to show the areas to be paved, concrete and hard top berms, and shaded areas. During a site visit with the Planning Board, Mr. Redding agreed to construct the site according to the plan without removing any trees. The Board reviewed the plan for the purpose of checking that all Board requests had been implemented.
Peter de Bakker, seconded by Rodney Frias, moved to approve the site plan for 439 Main Street, owned by Redco Realty Trust, dated April 30, 2004, revised through July 30, 2004, and drawn by Steven Poole (P.E. 35533) of Consolidated Design Group, and to authorize the agent to sign upon receipt of letter the Building Commissioner granting a waiver of the 1:40 scale requirement, and with the condition that no trees should cut or removed from the site.
Vote: 5-0-0, Unanimous.
Discussion: Old North Road.
Present: Dave Zanca
Mr. Zanca explained that his client hopes to create two lots out of a parcel of land on Old North Road. The second house would be located in the rear of the property, behind the first. The parcel lacks the appropriate frontage to subdivide two lots, so Mr. Zanca’s client proposes a family compound instead, and seeks the Board’s preliminary feedback. The rear house would be accessed by a common driveway.
The Board noted that the plan would need to be reviewed by Conservation. To file the plan as a subdivision would require the addition of a new roadway to gain adequate frontage. Mr. D’Amelio stated that in effect the applicant was asking the Board to create a paper street. Mr. de Bakker noted that the Board has approved similar projects with family-based limitations. The Board encouraged Mr. Zanca to review plans for similar, approved, subdivision, such as Redco Avenue. Mr. Zanca plans to review said plans and to return for further discussion.
Lauren Heights Completion
Present: Mike O’Malley, Applicant; Attorney for Applicant
Mr. O’Malley’s attorney discussed that Mr. O’Malley has requested a subdivision approval extension since September of 2003. Mr. D’Amelio explained that rather than the expiration of the approval, the Board’s primary concerns are muddy, dusty, potentially unsafe conditions, illegal start times, and a Stormwater Safety Pollution plan showing detention basins, etc., which is not in the file.
Mr. O’Malley’s attorney reported that Mr. O’Malley held a meeting on July 27, 2004 with abutters, and will resolve the start time issue by posting the start time in the area, with no engines to be running on Judith Road or Hickory Lane prior to 7:00 a.m. The Board requested that Mr. O’Malley inform the trucking companies who would in turn notify their employees, rather than posting signs.
Mr. D’Amelio mentioned the ongoing drainage problem at the site. Mr. O’Malley stated that there was a one time problem on July 23, 2004, and that he is aware of one other problem in May of 2004, however, he does not believe there is an ongoing drainage problem.
Mr. D’Amelio asked the Applicant to provide the Board with the stormwater retention plan for the site, and indicated that the Applicant was responsible to manage stormwater and prevent drainage problems throughout construction.
The Board will need to be informed as to what will be seeded and hardtopped by October 15, 2004. Permanent and temporary erosion controls for winter should be outlined. The Board will revisit these issues at the second meeting in September. The Board instructed the Applicant to remove the filter fabric from catch basins.
The Applicant will submit a color coded plan for the construction completion schedule by the Sept 21, 2004 Meeting, and the Board will meet with Mr. O’Malley on that date at 7:45 p.m
Morgan McSweeney, 2 Hickory Lane expressed concern over the sewer design for the12 houses. The Board referred him to the Board of Health.
Jennifer Burke, seconded by Peter de Bakker, moved to extend the approval for Lauren Heights until October 19, 2004.
Vote: 5-0-0, Unanimous.
The Board will consider a further extension at its October 19, 2004 meeting at 7:45 p.m.
Site Plan Review: 327 Central Street
The Board opened the hearing, informed attendees that the first testimony would be heard on August 17, 2004. The Board continued the public hearing for 327 Central Street until August 17, 2004 at 8:30 p.m.
Joint Planning Board/DPW Hearing: TREE REMOVAL
Present: DPW Director Tony Marques
Mr. Marques reported that the tree slated for removal have been deemed dead and diseased by the tree foreman. This is a joint hearing for the purpose of taking down those trees. Mr. D’Amelio called for questions or comments from the Board and from the public.
Jennifer Burke, seconded by Peter de Bakker, moved to close the public hearing.
Vote: 6-0-0, Unanimous.
Peter de Bakker, seconded by Jennier Burke, moved to allow the posted trees to be removed. Vote: 6-0-0, Unanimous.
Bella’s Touch-Free Car Wash
Present: David Officer, Attorney for Applicant Sean MacIver
Mr. Frias recused himself from the discussion. Mr. D’Amelio pointed out that the Applicant had not submitted an original approved plan as requested by the Board on July 20, 2004.
The Board felt that all was in order, except Condition 9. The Board pointed out that Applebee’s Restaurant and Durand Chevy both have similar islands with no trouble.
Bob said never intent for island to be on state property.
The Board directed Mr. Officer to review similar islands and and to pose his question to State.
Ms. Burke suggested that the Board issue a temporary occupancy permit with the condition that this issue is resolved before the permit expires.
Jennifer Burke, seconded by Peter de Bakker, moved to ask the Building Commissioner to issue a 30-day temporary occupancy permit with the condition that the Applicant consult with Mass Highway to solve the highway issue to the Board’s satisfaction during that time.
Mr. Underwood stated that he appreciates that the Applicant needs to open his business, and would vote to issue the temporary permit with the noted condition.
Vote: 3-1-0, D’Amelio opposed.
The Board discussed that Mass Highway is sometimes busy and therefore takes a good amount of time to return with answers to issues with which they are presented.
Jennier Burke, seconded by Peter de Bakker, moved to change the motion for the temporary occupancy permit to reflect an expiration of October 5, 2004.
Vote: 3-1-0, D’Amelio opposed.
Thus the final motion and vote stand:
Jennifer Burke, seconded by Peter de Bakker, moved to ask the Building Commissioner to issue a temporary occupancy permit for 176-182 Washington Street, to expire on October 5, 2004, with the condition that the Applicant consult with Mass Highway to solve the issue of the island to the Board’s satisfaction during that time.
Vote: 3-1-0, D’Amelio opposed.
Bella’s Touch Free Car Wash is next scheduled to appear on October 5, 2004 at 7:45 p.m.
The Board will send a memo to the Building Commissioner reflecting its vote.
Mr. Frias returned to the meeting.
Administration
Ms. Burke reported that she has spoken with Pheasant Trail. They are scheduled to appear on August 17, 2004. They will request permission to pave the road. August 26 is the warrant deadline. Hayes has asked the DPW for a punchlist of items to be completed prior to street acceptance.
Jennifer Burke, seconded by Rodney Frias, moved to request of the DPW an inspection and report on Pheasant trail in anticipation of street acceptance.
Vote: 5-0-0, Unanimous.
The Board will send a letter to Steve Poole indicating that the Zina Farms definitive plan application is not complete until the Board receives a peer review deposit check for $5000.
The Falls Brook bond reduction will be discussed at the September 7, 2004 meeting.
Adjournment
Peter de Bakker, seconded by Jennifer Burke, moved to adjourn.
Vote: 5-0-0, Unanimous.
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