Minutes of Meeting— October 2, 2007
The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.
At 6:30 p.m., Chairman Robert D’Amelio called the meeting to order.
Present: Tom Collins, Robert D’Amelio, Dirk Underwood, Rodney Frias, James Vereault, Jennifer Burke, Town Planner, and Teresa Vickery, Clerk.
Old North Road – Definitive Subdivision Cont.
Present was: Tom DiPersio, Thomas Land Surveyors
Jennifer Thompson, Evergreen Homes
Arthur Bergeron, Atty. at Law
Rodney Frias recused himself.
Mr. DiPersio began by addressing SEA’s outstanding issues. One of the issues regarded the construction specifications for the fill material. SEA recommends that the materials used be 3 inches or less in size. The size of the material is to be tested before construction begins and must be approved by SEA.
Mr. D’Amelio requested an update on the situation concerning the Sudbury Valley Trustees (SVT), stating that they are an abutter to the subdivision and have the right to review the drainage calculations. Ms. Burke included that all of the information that has been submitted is a matter of public record and they are privy to any and all information. Mr. DiPersio stated that because the new plans reflect that the drainage is no longer on Sudbury Valley property they did not think they needed their approval.
Atty. Bergeron disagrees that the applicant was the one who needed to furnish SVT with the calculations. He thinks that they should have requested this information from the Board. Ms. Burke stated that SVT had not requested any calculations.
Mr. DiPersio informed the Board that the applicant is no longer seeking a waiver for the leveling area, citing that it now meets the Planning Boards requirements.
Mr. DiPersio began to address the revisions that have been made to the plans. The bottom of the detention basin includes some of the same clay that makes up the inside of the basin. He then stated that details of the storm water treatment are now shown on the plans. Two easements have been included on the set of plans as well, one on the northerly side of the property line and the other to the easterly side. The last revision concerns the 6-foot tall chain link fence that will be constructed around the detention basin, its location is now reflected on the plans.
Mr. DiPersio addressed a comment from the DPW regarding the old catch basin on Old North Road. They are recommending that the pipes be reconfigured.
Mr. DiPersio also informed the Board that the results from the fire flow test have been submitted.
Mr. D’Amelio stated that the Board will forward drainage calculations to SVT. He does not anticipate that SVT’s engineers will come to a different conclusion. There is no longer any reason to keep the hearing open. If by chance there is an error in the calculations they will need to be looked at again.
Dan Entholt, 17 Old North Road requested the results of the fire flow test. Mr. DiPersio stated that the 6-inch main passed the test, releasing 995 gallons per minute at 20 psi. The tests were conducted in front of 11 and 21 Old North Road. The water pressure has yet to be tested, however, it is only tested when the owner of the house requests occupancy.
Edmond Barton, 37 Old North Road stated that he found it strange that the fire flow test was performed at 10:30 in the evening when no one was using their water. Mr. DiPersio informed him that this is the requirement of the water department.
Ms. Burke asked the Board to consider removing conditions 16 & 17, stating that they were no longer relevant because the easements had been included on the plan. The Board had no issue with her request.
Scott Golder, 19 Glendale Road asked if Mr. DiPersio could explain how the water flowing down hill will not increase the flow at the bottom. Mr. DiPersio gave him a brief explanation.
Dirk Underwood, seconded by Tom Collins, made a motion to close the public hearing for Old North Woods and approve the plan entitled “Old North Woods Definitive Subdivision in Hudson, Massachusetts” as drawn by Thomas Land Surveyors & Engineering Consultants, Inc. of Hudson, MA dated May 18, 2007 last revised September 28, 2007 with the following conditions:
1. A pre-construction conference will be held between the developer, the Town Planner, the DPW and other interested parties. If construction begins without this conference construction will cease immediately until the conference is held and the appropriate people are in attendance.
2. A copy of the SWPPP must be provided to the Town Planner and the DPW at the pre-construction conference.
3. A list of 24-hour emergency contact information must be provided to the Town Planner and the DPW at the pre-construction conference.
4. 4. Hours of operation will be Monday through Saturday 7:00 a.m. to 5:00 p.m. No work or operation of machinery may happen 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 need to be permitted on a case by case basis by the Chief of Police.
5. Prior to the commencement of authorized site activity, the Planning Board Office shall be given 48 hours written notice. If the activity at the Project Site ceases for longer than 30 days, 48 hour written notice shall be given to the Planning Board Office prior to restarting work.
6. A copy of this Decision and all final approved Plans shall be kept at the Project Site.
7. Members or agents of the Planning Board 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 Applicant and the Applicant’s contractors.
8. The Planning Board’s erosion control plan as attached shall be adhered to and govern. All erosion control shall be in place and approved by the Town Planner before construction begins. Weekly erosion control reports shall be submitted to the DPW and the Planning Department no later than noontime on Fridays.
9. If, during construction, a discrepancy is found between the approved plans and the existing regulations, the DPW and the Town Planner will be notified immediately. The DPW will make the final decision on how to proceed or if they are unable to make any decision the matter will be referred back to the Planning Board for review.
10. Inspections shall be in accordance with the Town of Hudson Rules and Regulations, which allows the Planning Board to use a full time inspector to be paid by the developer. The DPW will handle the inspections of roadway and utility installation. The Planning Board’s consultant will inspect the installation of all onsite and offsite drainage as well as the detention basin.
11. Once the first house is occupied, the roadway will be swept every Friday afternoon until the road is accepted by town meeting, unless waived in writing by the DPW with a copy to the Planning Board.
12. The subdivision will be completed within two years of approval. Prior to expiration, a developer may ask for a one-year extension of time to complete the subdivision. If the Board determines that a one-year extension is warranted, it will also review the bond amount and adjust for inflation. Extension requests after expiration will not be looked upon favorably. If no extension is granted and the two years expires, then the subdivision will be in default and the approval will be withdrawn.
13. No building permits will be issued until a lot grading plan prepared by a qualified Professional Engineer familiar with the original subdivision design and showing that the lot is graded in accordance with the approved subdivision plan is reviewed and approved by the DPW and the Town Planner and no occupancy permits will be given until an as built plan of said lot grading and drainage system BMP’s has been accepted and approved by the Town Planner.
14. The detention basin must be constructed of an impervious material to be approved by the Planning Board’s consultant.
15. After the developer has cleared the road and staked the house lots, prior to any release of lots by the Board, the Planning Board and its consultant will conduct a site walk to determine which trees should not be cut.
16. Prior to installation of any drainage, hydraulic analysis should be submitted to the Board’s consultant and the DPW for review and approval.
And with the following waivers
5.6 Curbs, Berms and Guard Rails
Sloped granite curbing will be installed at the roundings and along the cul-de-sac.
5.4.2 Sidewalks
Sidewalks will be constructed only on one side of the new road as shown on the plans.
4.1.5.1 Dead-end Streets
The length of the new cul-de-sac will be 778.44 feet.
Vote: 4-0-0, Unanimous
Rodney Frias returned to the Board.
256 Washing Street, Starbucks – Site Plan Review
Present were: Paul Giannetti, Atty. at Law
Matt Smith, Bohler Engineering
Ray Romalard, Richmond Companies
Mr. Smith informed the Board that all of SEA’s concerns had been resolved except for one and they were going to refer it to the Conservation Commission.
Mr. D’Amelio stated that he wants all of the lighting fixtures throughout the site to be uniform.
Atty. Giannetti requested that the Board consider removing conditions 13 & 14. Mr. Smith believes that these conditions will not apply because, even though construction of both sites will begin at the same time, it will not take as long to construct the Starbucks. Mr. Romalard included that they do not want to see occupancy permits for Starbucks tied to any Walgreen’s conditions.
Mr. D’Amelio stated that he did not have any issues with removing those conditions, he did however want a new condition included. He conditioned that before any occupancy permits be issued that both the entrances and exits to the site be functioning properly.
Tom Collins, seconded by Rodney Frias, made a motion to accept the plan entitled “Site Development Plans for the Richmond Company, Inc. Proposed Starbucks, Washington Street, Hudson, MA” as drawn by Bohler Engineering, Southborough, MA and dated August 17, 2007 and revised September 17, 2007, with the following set of conditions:
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 a representative of the Conservation Commission.
A list of 24-hour emergency contact information must be provided to the Town Planner and the DPW prior to any work being done on site.
Hours of construction will be Monday through Saturday 7:00 a.m. to 5:00 p.m. No work or operation of machinery may happen 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 need to be permitted on a case by case basis by the Chief of Police.
Prior to the commencement of authorized site activity, the Planning Board Office shall be given 48 hours written notice. If the activity at the Project Site ceases for longer than 30 days, 48 hour written notice shall be given to the Planning Board Office prior to restarting work.
A copy of the conditions and all final approved Plans shall be kept at the Project Site.
Members or agents of the Planning Board 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 Applicant and the Applicant’s contractors.
The Planning Board’s erosion control plan as attached shall be adhered to and govern. All erosion control shall be in place and approved by the Town Planner before construction begins. 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 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.
Any change to the approved plans in conjunction with an Order of Conditions from the Hudson Conservation Commission or any Superceding Order as issued by the MA DEP will require a full review by the Planning Board or their designated agent.
The safety of the entrances and traffic flow will be reviewed by the Planning Board no earlier than one year after final occupancy is issued. At that time, the Developer agrees to make any reasonable changes to the entrances and/or traffic pattern as deemed reasonably necessary for public safety by the Planning Board.
There will be no additional driveway openings allowed on the lot as it exists or on parcels after any future subdivision.
Prior to the issuance of any occupancy permit the developer will construct a sidewalk along the Washington Street frontage. Said sidewalk will be constructed in accordance with Town of Hudson standards.
The Town Planner will be consulted in the field in regard to the placement of all on site directional signs.
Full cut-off type light fixtures will be used and site lighting will be reduced to 25’ mounting heights to minimize the impact of the lighting to the abutting properties. Prior to installation of any light fixtures, the Developer will provide catalog cuts of all proposed lights to the Planning Board for review and approval. The developer will provide the same lighting on lot2 as on the Walgreen’s site. The Planning Board reserves the right to require adjustments to the lighting on site up to one year after full occupancy.
A mechanical storm water quality unit or similar treatment will be included on the drainage system that flows to the wetland near Washington Street to achieve 80% TSS removal in accordance with DEP’s Storm water Management Policy. Said system will be reviewed and approved by the Planning Board prior to installation.
The applicant will perform the following traffic improvements:
· Construct an exclusive right turn lane into the site along the Technology Drive travel lane.
· Construct improvements to provide two 12’ straight through lanes for traffic traveling east on Technology Drive. The lanes are to extend 150 feet beyond the site driveway.
The developer will donate a 15-foot wide strip of land along Rte 85 to accommodate future widening of the roadway.
Prior to the issuance of an occupancy permit for the Starbuck’s facility, both entrances on Technology Drive and Washington Street must be functioning in accordance with the site plan.
And Authorize the Agent to Sign.
Vote: 5-0-0, Unanimous
7 Crestview Drive – Site Plan Review
The Board is in receipt of a letter from the applicant requesting a continuance until the next Planning Board meeting.
Dirk Underwood, seconded by Tom Collins, made a motion to continue the public hearing for 7 Crestview Drive until November 6, 2007 at 7:45 p.m.
Vote: 5-0-0, Unanimous
Saratoga Drive – Site Plan Review
Present was: Jennifer Lewis, Atty. at Law
Ms. Lewis addressed the Board and outlined her proposed plan to install a wireless telecommunications tower within the wireless communications overlay district. The tower would be a monopole that would contain 3 antennas on the inside of the pole. It would also include 3 BTS cabinets as well as a battery backup. The top of the BTS cabinets would have emergency antennas installed (911 & GPA). The area will be fenced in with a chain link fence, as recommended by the Internal Traffic Committee.
Ms. Lewis stated that this would be an unmanned facility. Therefore, there would be very minimal impact to traffic in the area. Nor would there be any waste, water or emissions from the site.
David Diedrich, 35 Ontario Drive asked if this area is zoned industrial. Ms. Burke informed him that this is incorrect and went on to say that the site is zoned Single-Family, but is located in a wireless communications overlay district. Mr. D’Amelio included that the creation of the by-law to include the overlay district was a town meeting warrant article in May of 200 and was passed by a 2/3 vote.
John Murray, 14 Champlain Drive stated that at the town meeting the impression was that these would not be huge tall towers, they would be smaller and wider. Ms. Burke informed him that the by-law allows for towers up to 100 feet in height.
Phil Riccuiti, 15 Champlain Drive asked whether Omnipoint Communications had investigated other alternatives for the site.
Andrew Massa, 15 Michigan Drive asked if Omnipoint could go outside of the overlay district. Ms. Burke explained that only if Omnipoint can show that they are unable to get service in a certain area and cannot meet the coverage by locating on the site.
Christopher Janeiro, 17 Michigan Drive asked why they did not consider the other overlay districts in town. Ms. Burke informed him Omnipoint may need to use this site in order to increase their coverage and there also may already may be existing towers on these sites.
Mark Calvanese, 8 Champlain Drive made a brief presentation to the Board outlining the reasons he is not in favor of erecting a cell tower in his neighborhood. His concern is for the health and safety of his family. He cited many examples why there is reason to be concerned. He had furnished the Board with documents prior to the meeting.
The Board is in receipt of a letter from Mr. Massa stating his numerous concerns and objections. Mr. Mass read his letter into the record.
Linda MacDonald, 13 Michigan Drive expressed her concern for her health, stating that she has lupus and feels having a cell tower near her home would not help her situation.
Robin Diedrich, 35 Ontario Drive stated that her children play in that area and finds it sad that they will no longer have this area to play in.
Mr. Murray asked if Omnipoint could look into using a tree design, which he says is much more aesthetically pleasing.
Mr. Frias asked if Ms. Lewis had the RF Affidavit. She supplied the Board with this and it was submitted into the record.
Mr. Vereault asked if Omnipoint specifically chose the proposed area. Ms. Lewis stated that the areas was designated by the lease as negotiated.
Mr. Vereault suggested that Ms. Lewis bring in photographs of what the proposed tower would look like. Ms. Lewis stated that she would be happy to provide the Board with photos. She offered to perform a balloon test for all the abutters and she briefly explained what this involves. Ms. Lewis is going to schedule a balloon test for Saturday, November 3, 2007 from 10:00 a.m. - 2:00 p.m.
Dawn Marchant, 29 Michigan Drive asked whether Ms. Lewis was going to address the health concerns of the abutters. Ms. Burke cautioned the Board that this is not within their jurisdiction, they are not a liberty to rule on issues other than those outlined in the guidelines of the Planning Board.
Susan Riccuiti, 15 Champlain Drive asked if lights were going to be installed along the edge of the tower because the planes that fly in and out of Stow and Marlborough sometimes cross this area. Ms. Lewis stated that this would be a determination made by the FCC and the FAA.
Mr. Frias requested that the area that will be disturbed in order to get the tower onto its site be flagged. Ms. Burke added that she would like the four corners of the chain link fence flagged as well. Mr. D’Amelio would like the entire site staked out for the Board to visit the site independently.
Mr. D’Amelio requested that a legal opinion be sought regarding the lot size setback.
Rodney Frias, seconded by Tom Collins, made a motion to continue the public hearing for Saratoga Drive until November 6, 2007 at 7:00 p.m.
Vote: 5-0-0, Unanimous
185 – 205 Washington Street – Site Plan Review
Present were: Forest Lindwall, Mistry Associates
David Baker, RK Associates
Mr. Lindwall informed the Board that the land beside the existing RK Plaza, referred to as the Purdy property, has been cleared in order to accommodate two expansions. One would be a 24,000 sq. ft expansion and the other would be the construction of a 5,100 sq. ft building on the Purdy property. A third access would be created on the property for truck access; this would be right in and right out only with a rumble strip installed for the trucks, per order of Chief Braga.
Mr. Lindwall stated that there would be a 10-foot area from the proposed sidewalk that would be landscaped and a landscaped island would also be included in the plan. Handicapped ramps would be installed at certain locations.
Mr. Lindwall has met with the Board of Health and they did not have any comments. He has also met with the Light and Power Department and they informed him that there is available power to supply the proposed expansions.
The project is scheduled to appear before the Internal Traffic Committee’s next meeting.
Allison Hay, 11 Maxwell Circle expressed her concern regarding a small creek behind Hannafords that runs through her neighborhood. Mr. Lindwall informed her that the flow into the culvert would actually be reduced. He went on to say that all of the new paved run off will be directed toward Route 85, not to the back of the site.
Mr. Marques would like the applicant to install an infiltration system. Mr. Baker stated that they are not proposing one, however they will investigate whether this is a possibility.
Mr. Baker informed the Board that DEP lab test results regarding the excavation of material from the Purdy site are expected back shortly.
Mr. D’Amelio noted that SEA had commented on the fact that the 3% gradient requirement is not met and he instructed the applicant to try to get within the required 3%.
Mr. Frias asked whether there would be any disturbance to the area behind TJ Maxx and Hannafords. Mr. Lindwall said that they were only going to install electrical conduit along the back edge of the property and a minimal amount of landscaping.
Mr. Vereault asked if any new vegetation would be planted along the back edge of the property. Mr. Lindwall informed him that a 10-foot high retaining wall will be erected along the northwestern edge of the property, therefore eliminating the need for trees.
Mr. Lindwall scheduled a meeting with Liz Sommer from SEA on October 18, 2007 at 9:30 a.m.
Bob D’Amelio, seconded by Dirk Underwood, made a motion to continue the public hearing for 185 – 205 Washington Street until November 6, 2007 at 6:30 p.m.
Vote: 5-0-0, Unanimous
Planner’s Report
Lauren Heights – Extension Request
Ms. Burke is in receipt of a request for a time extension to complete the roads and infrastructure.
Rodney Frias, seconded by Dirk Underwood, made a motion to grant an extension until June 30, 2008 to complete the Lauren Heights Subdivision.
Vote: 5-0-0, Unanimous
Minutes
Bob D’Amelio, seconded by Tom Collins, moved to approve the minutes of September 18, 2007, as written.
Vote: 5-0-0, Unanimous
Adjournment
Rodney Frias, seconded by Dirk Underwood, moved to adjourn at 9:00 p.m.
Vote: 5-0-0, Unanimous
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
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