Minutes of Meeting— October 25, 2007
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: Tom Collins, Robert D’Amelio, Dirk Underwood, James Vereault, Aldo A. Cipriano, Town Counsel, Jennifer Burke, Town Planner and Teresa Vickery Clerk
Indian Farm Estates– Definitive Subdivision
Present were: Tom DiPersio, Sr., Thomas Land Surveyors
Tom DiPersio, Jr., Thomas Land Surveyors
Marilyn Green and Danny Resendes
Robert Dionisi, Atty. at Law
Jennifer Thompson, Evergreen Homes
Mr. DiPersio, Sr. informed the Board that at a meeting this week with SEA and DPW, the applicant had left with the intention of making a strong attempt to address all the issues for this meeting. He stated that all of the issues had been addressed except for one outstanding issue, which was Mr. Marques’ concern regarding the force sewer main outfall being too close the existing home. The applicant is willing to separate the water and sewer mains and add an additional easement around the other side of the house for the sewer main. Mr. Marques does not want to see utilities crossing over into the town of Berlin.
Mr. D’Amelio asked whether the Town has given the applicant permission to tie into the sewer main. Mr. DiPersio said yes, the only issue is where the force main is located.
Mr. D’Amelio then turned his attention to the waivers being sought by the applicant. He explained that there has not been a waiver request for the exclusion of sidewalks on one side of the road. Chief Braga has stated that he wants the sidewalk to be constructed along both sides of the road and that the sidewalk be extended down to Port Street. He would also like a comment from the Berlin town officials regarding sight distance along River Road. Mr. DiPersio informed the Board that a public hearing had been held in Berlin and the Planning Board in Berlin requested comments from their police chief and after receiving comments was satisfied with the design. Mr. D’Amelio requested a copy of the correspondence in order to give it to Chief Braga.
Mr. DiPersio, Jr. noted that the book of planning board regulations states that sidewalks need to be constructed on both side of the street, however an illustration in the book shows sidewalks only on one side. He cites this as the reason that a waiver was not sought for this regulation.
Jane MacDonald, 198 River Road, Berlin stated that she has called Berlin town offices many times and has been told on many occasions that they do not have any information regarding this development. She said that as an abutter this makes sense because she believes she would have been notified if a public hearing had been held. Mr. DiPersio told her he would produce the Berlin application and have it submitted into the record.
Mr. D’Amelio is in receipt of comments from Chief Blood. In his letter he states that the radius of the cul-de-sac needs to be large enough for fire trucks to safely turn around. Mr. DiPersio states that the plan had the required diameter, citing the requirement at 110 feet and the radius on the plans is 120 feet. Mr. Collins would like to see this reflected on the cover page of the plans which show the radius at 110 feet.
The Board indicated that they will not waive the required Environmental Impact Statement (EIS) report.
The waiver regarding the required granite curbing was addressed. The Board agreed to waive this requirement except along the roundings, inlets and at the entrance.
Mr. D’Amelio requested that new plans be sent to Ms. Sommer. Ms. Sommer mentioned that the applicant still needs to address the small amount of driveway run off that flows toward the street.
Mr. D’Amelio noted that the original plans showed the inclusion of a septic system, however, the revised plans do not. Mr. DiPersio stated that at the time the original plans were drawn up there was a moratorium on new sewer connections. He went on to say that the moratorium has been lifted and the plans were changed to reflect this. The members of the Board as well as Ms. Burke were unable to confirm this. Mr. D’Amelio instructed the applicant to contact the DPW and the BOH for comments.
Ms. MacDonald asked if the applicant was going to construct any privacy barriers to protect her animals and her children. She was told no.
Mr. Vereault asked the applicant what the plans were for Lot #8. Ms. Thompson stated that at some point they would probably construct a house on the site. Mr. Vereault asked her if they were willing to offer it as conservation land. She answered that in the past they had offered approximately 3 acres to the Town for conservation and they did not accept it and at this point she is unwilling to gift any land to the Town.
Mr. DiPersio then asked the Board for a consensus on their feelings regarding the length of the road. Mr. Collins said that this was better than the previous option, however he feels that the issue of privacy screening for the neighbors should be addressed. Ms. Thompson explained that when this process began they took the neighbors on a site walk and informed them of the plans for the subdivision and privacy screening was discussed but never agreed to.
Ms. Thompson does not feel that the neighbors have been very cooperative. She is unwilling to make any concessions with respect to the neighbors. Atty. Art McCabe represents Mrs. Jenkins and addressed the Board on her behalf. He wanted it noted that even though she feels badly for all the problems this has caused she would like to see this approved soon. Atty. McCabe also made mention of the letter he had submitted to the Board the week before the meeting.
Mr. D’Amelio suggested that Mr. DiPersio ask Mr. Marques whether a fire flow test will be required. Chief Blood had stated that if 750 gpm can not be obtained, each of the residences will need a sprinkler system installed.
Mr. D’Amelio is not in favor of granting a waiver for the sidewalks since the applicant never requested one. Ms. Green asked if the Board would agree to grant the waiver if they would connect the sidwalk all the way down to Port Street. Mr. D’Amelio said that he would need to ask Chief Braga for his opinion before making a decision.
The Board was again asked for an “individual consensus of feeling” regarding the length of the road. Mr. Underwood stated that he was leaning in favor of the waiver. Mr. Collins restated that he would be in favor if the screening issue was addressed. Lastly, Mr. Vereault said that he needed more information in order to make a decision.
Bob D’Amelio, seconded by Dirk Underwood, made a motion to suspend the public hearing and go into executive session by a roll call vote:
Robert D’Amelio – yes, James Vereault – yes, Tom Collins – yes, and Dirk Underwood – yes
The Board reconvened the public hearing.
Atty. Dionisi expressed his desire to meet with the Board at it’s earliest possible convenience. He requested that the Town get expedited resolution to the issue regarding the sidewalks. He also asked that the BOH comment on the wastewater issue as soon as possible.
Atty. Dionisi informed the Board that the applicant will not entertain the ideas of privacy screening nor gifting Lot #8 for conservation land.
Bob D’Amelio, seconded by Dirk Underwood, made a motion to continue the public hearing for Indian Farm Estates until November 8, 2007 at 6:30 p.m.
Vote: 4-0-0, Unanimous
Adjournment
Bob D’Amelio, seconded by Dirk Underwood, moved to adjourn at 9:15 PM.
Vote: 4-0-0, Unanimous
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
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