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Planning Board Minutes 11/01/05
Minutes of Meeting— November 1, 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


3 Bonazzoli Avenue – Site Plan Review cont.
Present:     Adam Braillard

The Board was waiting for ITC approval.  ITC has approved the site Plan for 3 Bonazzoli Avenue at their meeting of October 28, 2005.

Rodney Frias, seconded by Dirk Underwood, moved to approved the site plan entitled “ Moura Realty Building 3 Bonazzoli Avenue Hudson, MA” owned by Moura Realty Trust as drawn by Dewberry-Goodkind, Inc. of Boston, MA dated June 30, 2004 and authorize the Agent to sign.

Vote: 5-0-0, Unanimous

Planner’s Report

Definitive Plan Submittal – Brigham Street, Tom DiPersio
Tom DiPersio submitted a plan for Hammond Hill Estates, Mr. D’Amelio requested the hearing be scheduled for December 6, 2005 at 7:30PM.

Decision – Highland Commons
Present was:    Jed Hayes & Dan Bradnini, Sullivan Hayes Companies
                Randy Hart, VHB
                Bill Hoffman, Deluca/Hoffman
                Peter Tamm, Goulston & Storrs
                Al Wells, SEA Consultants

The Board received a revised Condition of Approval for Highland Commons.  

Rodney Frias, seconded by Dirk Underwood, moved to approve the site plan for Highland Commons entitled “Highland Commons 6 Lot Subdivision, Master Plan and Site Plan for Retail Shopping Center” as drawn by Deluca-Hoffman Associates, Inc. of South Portland, ME dated July 2005 last revised November 1, 2005 with the following finding:

Subject to the conditions and the implementation of the mitigation measures as described on the site plans or referenced herein, the Planning Board finds that to a degree consistent with a reasonable use of the site for the permissible purpose as a retail shopping center in the Limited Commercial and Light Industrial District (LC-1), that the Project, as proposed, complies with the standards set forth in Section 7.1.7 of the Hudson Zoning By-Law.

And with the following conditions:

Plan to be reviewed and approved by SEA Consulting.
A pre-construction conference shall be held prior to the commencement of construction, to include, at a minimum, the developer, the Town Planner, the DPW and the Towns’ peer review consultant (SEA Consultants).  Copies of the Stormwater Pollution Prevention Plan shall be provided to the Town Planner and the DPW at the pre-construction conference.  At or prior to the pre-construction conference, the Developer shall provide to the Town Planner the name, address, business phone number, as well as 24 emergency contact information of the individual who shall be responsible for and oversee all activities on site.

The Developer shall provide the Planning Department written notice at least 48 hours prior to commencement of authorized Site activity and, in the event activities on the Site have been suspended for thirty days or more, prior to recommencing activity on the Project Site.
A copy of this Decision and all final approved Plans shall be kept on file at the Project Site.
The Developer may request changes to the site plan, which shall be submitted in writing to the Town Planner and the Towns’ consultant.  The Planner and consultant shall review each such change to determine whether the change constitutes a minor change or whether it amounts to a major, substantive change, requiring the consideration of the full Planning Board.  If, in their reasonable determination, the change is minor in nature, the Town Planner and consultant may authorize the implementation of a minor change without full Planning Board review.  It shall be the responsibility of the Developer to maintain records of any such changes and include them in the record drawings for the project.
Members or agents of the Planning Board, upon providing prior notice, shall have the right to enter the Project Site and to gather all information, measurements, photographs or other materials needed to ensure compliance with this approval.  Members or agents of the Planning Board entering onto the Project Site for these purposes shall comply with all safety rules, regulations and directives of the Developer and the Developer’s contractors.

Hours of operation for construction will be Monday through Saturday 7:00 a.m. to 5:00 p.m., unless otherwise specifically authorized by the Town.  No work or operation of machinery shall occur before 7:00 a.m., in accordance with the town’s noise by-law, or after 5:00 p.m. Per the Massachusetts General Laws, work on Sundays and holidays may be permitted on a case by case basis with the prior approval of the Chief of Police.
This Decision shall be valid for five years, beginning the date of the pre-construction conference.
Prior to and during construction and as otherwise provided herein, the Planning Board reserves the right to review the site and conditions every six months in consultation with the Developer.
The Developer shall ensure that a Professional Engineer provides a yearly inspection report of the Best Management Practices (BMP’s) of the proposed drainage system to the Town Planner, the Town’s consultant, the DPW and the Conservation Commission demonstrating that adequate maintenance is being provided for this drainage system.

The Developer shall be responsible for ensuring compliance with an erosion control plan as submitted and approved.  All erosion control measures as specified in the erosion control plan shall be in place and confirmed by the DPW and the Planning Department before construction begins.  Prior to commencement of construction, as the erosion control measures are implemented, weekly erosion control reports shall be submitted to the DPW and the Planning Department no later than noontime on Fridays.

A final occupancy permit shall not be issued until an as-built plan indicating lot grading and drainage system BMP’s has been confirmed to be consistent with the approved plans to the Town Planner’s reasonable satisfaction.

Prior to issuance of any building permit, the Developer shall provide a conditional assessment of existing culverts, stormwater structures, drainage channels and/or any other waterway conveyances on site and deliver a copy of this report to the Town’s consultant and the DPW.  The report shall detail the location, condition, capacity and adequacy to convey stormwater, estimate remaining life, and provide recommendations for the repair, maintenance and/or replacement of such structures and/or waterways. If the report concludes that repairs are necessary to protect the integrity of the storm water management plan or for conveyance of runoff emanating from this site, the Developer shall be required to construct any such repairs as part of the improvements.  Information concerning the design of such repairs shall be reviewed and are subject to approval of the Town; consistent with the process set forth in Condition 4 hereof.

 The Town reserves the right to review and require modification of the allowable turning movements and associated traffic issues relating to the left turn movement at the westerly site entrance for a period of 1 year after 100% occupancy of the Project.

All transportation related improvements as required herein shall be implemented prior to the issuance of any final occupancy permit. In the event that work cannot be completed prior to the date of occupancy, the Developer shall file a bond, cash guarantee or other similar form of surety in an amount sufficient to cover the costs of any outstanding improvements with the Town of Hudson.

The Developer shall implement the following traffic improvements as more specifically described in the Traffic Impact and Access Study (TIAS) dated August 2005 as prepared by Vanasse Hangen Brustlin, Inc., subject to final approval and any modifications or additions as required by the Massachusetts Highway Department (MHD), which if required by MHD, shall be deemed minor for purposes of this Decision:

Route 62 /Interstate 495 Ramps / Gates Pond Road (see page 31 TIAS for more specific details)
Implement traffic signals and geometric improvements
Route 62 /Site Driveways (see page 32 TIAS for more specific details)
Implement traffic signal and geometric improvements
Implement right - in / right - out and left-turn in at secondary western access
Route 62 and Central Street (see page 32 TIAS for more specific details)
Design and construct traffic signal
Downtown Roundabout (see pages 34-37 in TIAS for more specific details)
$500,000 in aggregate, to fund the following suggested improvements/options:
Channelized paint scheme safety improvement
Cobble modification
Capacity improvement (Concept 1A)
Packard Street / Lincoln Street / Cox Street
Design of traffic signal
Cox Street / Manning Street
Signage upgrade and trimming with in roadway layout
Implement on-site TDM program
Rideshare Program
Bicycle and Pedestrian Measures
On-site services

During project construction, the Developer shall perform daily clean up of construction debris, including soil, on Town Streets within 200 yards from the entrance of the site driveways, caused by the site construction.

The Town’s consultant will provide on site inspections, testing and reporting as reasonably requested by the Hudson Planning Board.  All reasonable costs associated with these inspections shall be borne by the Developer, subject to the prior written approval of the Developer, not to be unreasonably withheld.   
 
If, during construction, a material discrepancy or conflict is found between the approved plans and the existing conditions and/or local, state or federal regulations, the Developer shall notify the Town’s consultant and the Town Planner immediately. The Town’s consultant after consultation with the Developer shall provide recommendations on how to proceed or if they are unable to agree on any such recommendation, the matter will be referred back to the Planning Board for review and an ultimate decision.

The Developer shall design and construct at the Developer’s expense a replacement water tower at a new location on site. The existing water tower shall not be removed until the Town accepts ownership of the new tower.   As part of the water tower reconstruction, the Developer shall also construct a water booster pump station with stand-by power supply and a master water meter as part of the water supply system servicing the project.  The Developer shall transfer ownership to the Town of the water booster pump station with stand-by power supply and the master water meter.  The Town and the Developer shall cooperate during the design, construction and ownership transfer of the water tower, water booster pump station with stand-by power supply and master water meter such that the Developer shall meet all requirements of the Town during the design, construction and ownership transfer.  This cooperation, unless otherwise agreed to by the Developer and the Town, shall include but not be limited to the following: Pre-Design Meeting; 10%, 30%, 90% and 100% Design Review Meetings; Pre-Construction Meeting; Review of shop drawing submittals and the performance of Construction Inspections to determine compliance with the approved design; Construction Progress Meetings; Operation and Maintenance Training Meetings; Commissioning Meetings; and Establishment of Ownership Conveyance Agreements and Easement and/or Access Agreements.  Reasonable expenses incurred by the Town for the use of consultants during this cooperative process shall be borne by the Developer.  The Developer shall also be responsible for obtaining any and all permits and approvals required to construct, operate and transfer ownership of the water tower, water booster station and master water meter and the costs associated therewith. Any and all Town inspections relating to the water tower and related infrastructure shall be carried out by the DPW or its agents.

Prior to the issuance of any final occupancy permit, an agreement acceptable to the Town and Developer shall be executed establishing ownership of and adequate access to the water tower, booster station and master water meter.  The Planning Board shall receive a copy of any such agreement.

Prior to the issuance of any building permit, in order to mitigate any potential increased demand for public safety services, the Developer shall provide $100,000 to the Town for the purchase of additional public safety equipment.
Prior to the issuance of any building permit, the Developer shall provide the Town of Hudson $50,000 to be used toward the construction of a sidewalk or other pedestrian improvements along the Rte. 62 corridor, east of the development site.

23.The Developer shall install and maintain at the project a remote (satellite) receiver and/or take other measures necessary to ensure adequate radio signals for emergency purposes, as determined in consultation with the Fire Chief.  The Developer shall pay all costs of installation, annual operation (including monthly payment for phone-line circuits) and maintenance of this equipment.

And authorize the Agent to sign.

Vote: 4-0-1, Tom Collins abstaining

Rodney Frias, seconded by Dirk Underwood, moved to accept the “Plan of Land on Coolidge Street Hudson, MA” owned by Brickyard Village, Inc. as drawn by Owen Haskell, Inc. of Portland, ME dated July 20, 2005 and authorize the Agent to sign.

Vote: 4-0-1, Tom Collins abstaining

Chestnut Hill Estates – Modification of the Definitive Plan Approval
Present was:    Tom DiPersio, Thomas Land Surveyors

Dirk Underwood recused himself from the Board.

Mr. DiPersio reviewed a proposal to consider a modification of the approved Definitive Subdivision Plan as shown in plans entitled “Plan of Proposed Clearing Limits at Chestnut Hill Estates”, prepared by Thomas Land Surveyors.  Mr. DiPersio is proposing a drainage re-design to place the drainage system toward the front of property.  He i9s also proposing to change the limits of clearing in order to accommodate new lots and that the house on lot 3 to be pushed back, which would require additional clearing.  The additional clearing would allow Lot 4 to have a larger backyard without changing the house location.

Jeff Underwood, 258 Chestnut Street, is concerned with the angle and questioned why the change in clearing limits.

Rhonda Underwood, 264 Chestnut Street, stated that she feels this will encroach on her property.


Daryl Filippi, 300 Chestnut Street, asked if the drainage re-design was approved.  Mr. DiPersio stated that it was.  Mr. Filippi also had concerns regarding the size of trees to be planted, the position of the house on Lot 2, Lot 4 and the scenic road.

Mr. D’Amelio stated that if lot 4 is modified he would request a submittal with the orientation of house and it’s size.  Mr. D’Amelio would like Tony Marques to check the site to ensure it wasn’t overcleared.

Robert D’Amelio, seconded by Sante Parente, moved to close the public hearing.

Vote: 4-0-0, Unanimous

The Board took no action.

Dirk Underwood returned to the Board.

Lot 1 & 2 Coolidge Street – Site Plan Review
Present was:    Steve Poole, Consolidated Design Group.

Steve Poole presented the plan to the Board for a re-hearing due to an issue with the abutters not being notified at the original meeting.

Aileen Wilson, 70 Florence St. asked how big is the buffer zone.  Mr. Poole stated that there is a 30 feet set back.  Mr. Poole indicated that Chief Dusseault requested the fire lane be paved.  Junipers will be planted as a screen.  Mr. Poole also stated that some of the tree would not be removed.  Mr. Frias suggested a fence be put up.

Tom Micciche, 69 Florence Street, requested a fence to keep customers from walking to his property and also would like to address lighting issues.  Mr. Poole stated that he would work with the owners on their issues.

Mr. D’Amelio wanted to walk the site.

Tom Collins, seconded by Sante Parente, moved to continue the hearing for Lot 1 & 2 Coolidge Street until December 6, 2005 at 8:00PM.

Vote: 5-0-0, Unanimous

186 Main Street – Site Plan Review
Present was:    Jim Lyons, GPR

Jim Lyons representing St. Michael’s Church presented the plan to the Board.  This plan is to add 56 parking spaces in the vacant lot at 186 Main Street.  

No comments from the public.

Tom Collins, seconded by Dirk Underwood, moved to close the public hearing.

Vote: 5-0-0, Unanimous

Dirk Underwood, seconded by Tom Collins, moved to approve with the plan entitled “Parking Lot Expansion 186 Main Street Hudson, MA” owned by Roman Catholic Archbishop of Boston as drawn by GPR of Ayer, MA dated September 30, 2005 with the following conditions:

A four (4) foot wide walkway will be constructed to connect to the upper lot.
The Planning Board must receive acknowledgment and approval of the new drainage system tying in to the existing system for the Director of the DPW.  
The DPW must approve the grease separator on the catch basins.

And Authorize the Agent to sign.

Vote: 5-0-0, Unanimous

51 Packard Street – Site Plan Review
Present:        Manuel Ponte

Mr. Ponte is proposing paving a parking lot for a six family house located at 51 Packard Street.

Judy Hamilton, 55 Packard Street, had the following concerns; how many spaces are proposed; where is the dumpster being placed.  Mr. Ponte stated that there will be 6 spaces each 30 feet in length to accommodate 12 vehicles, and the dumpster will be place at the back of the property and it will be fenced,   

Jose Janeiro, 45 Packard Street, spoke in favor of the project.

Rodney Frias, seconded by Sante Parente, moved to close the public hearing.

Vote: 5-0-0, Unanimous

Rodney Frias, seconded by Dirk Underwood, moved to approve the plan entitled “Site Plan of Proposed Construction 51 Packard Street” owned by Manuel C. Ponte as drawn by Thomas Land Surveyors dated September 20, 2005 last revised on October 3, 2005 and authorize agent to sign.

Vote: 5-0-0, Unanimous
400 Main Street – Site Plan Review
Present:  Steve Poole, Consolidated Design Group
                
Mr. Poole presented a proposal for a 6 condominium complex on 36,000 square foot lot.

Mr. D’Amelio requested SEA Consulting review the plan.

Greg Turner, 386 Main Street, had questions on the location of the dumpster and also tree removal.

Mr. White, 404 Main Street, would like to address privacy issues and the possibility of an installation of a fence.

Dirk Underwood, seconded by Sante Parente, moved to continue the public hearing to December 6, 2005 at 8:30PM.

Vote: 5-0-0, Unanimous

24 Coolidge Street – Site Plan Review cont.

Project not approved by ITC.

Dirk Underwood, seconded by Tom Collins, moved to continue the public hearing to December 6, 2005 at 8:45PM.

Vote: 5-0-0, Unanimous

Hillside – ANR
Present was:    Tom McCarthy

Mr. Tom McCarthy submitted 2 ANR plans for approval.

Rodney Frias, seconded by Sante Parente, moved to accept “The Plan of Property Surveyed for Southboro Ventures, Inc. Wheeler Road Hudson, MA” owned by Hillside Service Corp. as drawn by Jarvis Land Survey of Shrewsbury, MA dated June 2, 2003 and authorize the Agent to sign.

Vote: 5-0-0, Unanimous


Rodney Frias, seconded by Tom Collins, moved to accept “The Easement Plan Hudson, MA” owned by the Town of Hudson as drawn by B&R Survey, Inc. dated March 2, 2003 and authorize agent to sign.

Vote: 5-0-0, Unanimous

Minutes

Bob D’Amelio, seconded by Tom Collins, moved to approve the minutes of the October 18, 2005 meeting as written.

Vote: 5-0-0, Unanimous

Adjournment

The meeting was adjourned at 9:30 p.m.

Cc:     Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner