Minutes of Meeting— November 6, 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, James Vereault, Rodney Frias, Jennifer Burke, Town Planner and Teresa Vickery, Clerk
185-205 Washington Street, RK Plaza – Site Plan Review cont.
Present were: Forrest Lindwall, Mistry Associates
David Baker, RK Associates
Mr. Lindwall began his presentation by updating the Board as to the changes reflected on the plans which include a new truck turning route and a drive-thru queue. The out building has been reduced to 4980 sq. ft. There is no longer a need for a loading dock, therefore it has been removed from the plans.
Mr. Lindwall addressed the waivers that the applicant will be seeking from the Zoning Board. The applicant would like a waivers for the size of the internal driveways, wheel stops and for the truck turning radius. The plans reflect a radius of 90 feet, not the 120 feet required. The applicant does not have the space to accommodate 120 foot turning radius and does not want to relocate the area.
Mr. D’Amelio asked about the lighting plan, which was not included in the set of plans. Mr. Baker explained that they are expecting it soon and would submit it to the Board upon their receipt of it. Mr. D’Amelio then asked if all the lighting fixtures are being changed. Mr. Baker stated that eventually all of the lighting fixtures will be uniform throughout the 2 sites. Mr. D’Amelio added a condition that all the lighting throughout the site be uniform as well as the submission of a photometric plan to SEA for approval prior to the issuance of any building permits.
Mr. Lindwall explained to the Board that due to the construction of the new site, the water flow onto Route 85 will be reduced by 50%. The plan is to install 2 catch basins that will accept the flow from the existing shopping center and direct it out toward Washington Street. The new catch basins will include 4-foot deep sumps and hoods on the outlet pipes in order to help the water condition.
The applicant is proposing a connection to the drainage on Washington Street. However, the Board, as well as Ms. Sommer, is concerned about over taxing this system and its capacity. Mr. Lindwall assures that Board that these pipes will be replaced with larger ones when the road is reconstructed. The DPW did not have any issue with this because this is a state road.
Ms. Sommer asked the applicant if the technology is available to further improve drainage conditions, why don’t they do so to make site further compliant. Mr. Baker argued that they are improving the existing conditions and he also questions the effectiveness of these very expensive changes.
Mr. Frias asked why the applicant is not proposing installing infiltrators within the existing site. Mr. Lindwall stated that they cannot reduce the flow from the paved site without investing a lot of money. He went on to say that a full pre-treatment system would need to be installed before the infiltration system.
The existing site will remain as is, regarding drainage. Mr. Lindwall stated that the reduction of flow will be due to the new site. Ms. Sommer believes that this will create additional flooding by directing the flow onto Washington Street with a direct connection instead of the current sheet flow that drains from the existing site. Mr. Lindwall disagrees and again stresses that the flow will be reduced by 50%.
Mr. Lindwall informed the Board that the westerly edge of the site in which the slope drops off dramatically is very stable due to the type of the soil. Mr. Frias expressed his concern for the lack of a plan for the retaining walls, which is required as a part of the site plan review process. The applicant agreed to come back before the Board with plans for the retaining walls. Mr. D’Amelio added a condition that SEA inspect and approve the retaining walls.
Tricia Bishop, 7 Maxwell Circle asked to see the material that the retaining wall at the back of the site would be constructed of. Mr. Baker agreed to allow Ms. Bishop to choose the color and style of the Versa Lock wall as a condition of approval.
Mr. Baker informed the Board that the engineers that are designing the expansion of Washington Street for MassHighway attended an ITC meeting with the applicants. They all agree that the traffic will not operate optimally with the new construction until a signalized intersection is installed at the entrance of the existing site. However, in the meantime the entrances and exits will be reconfigured and narrow islands will be installed in order to facilitate the traffic flow. RK Associates is funding the design for the expansion of the road. Ms. Ciccolo added that if the road reconstruction does not go forward that RK Associates would have rights to the design plans for the signalized entrance to the site. She went on to say that the Town, through a town meeting vote, would need to reimburse the applicant for
the design fees if the project does not get built.
Mr. Underwood believes that the applicant is improving the situation and he feels that they are not responsible to fix pre-existing problems.
Rodney Frias, seconded by Bob D’Amelio, made a motion to close the public hearing 185 – 205 Washington Street.
Vote: 4-0-0, Unanimous
Dirk Underwood, seconded by Bob D’Amelio, made a motion to approve the plan entitled “R.K. Towne Center 185–205 Washington Street, Hudson, Massachusetts” as drawn by Mistry Associates, Reading, MA dated August 30, 2007 with the following conditions:
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.
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.
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 DPW and the Town Planner immediately. The DPW 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 may request changes to the site plan, which shall be submitted in writing to the Town Planner. The Planner 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 his/her reasonable determination, the change is minor in nature, the Town Planner 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.
The developer will donate the necessary right of way along Rte 85 to accommodate the Route 85 widening project by MassHighway.
The Town reserves the right to review all traffic issues generated to and from the site for a period of 1 year after 100% occupancy of the Project.
Prior to the issuance of an occupancy permit, the developer will provide the Board with a conceptual site plan relative to proposed changes post road widening and traffic signal installation.
If the Route 85 widening project has not been initiated by July 1, 2012, the Planning Board shall have the opportunity to review the site and traffic conditions to determine if additional traffic mitigation shall be required of the developer.
Prior to the issuance of any building permit, a photometric plan shall be provided to the Town Planner and the Town’s consultant for review and approval. As the lights in the existing shopping center are replaced, they shall mimic the lights installed in the expansion area.
Prior to the issuance of the building permit for the retaining wall in the detention basin along Washington Street, the final design of said wall will be submitted to the Town Planner and the Town’s consultant for review and approval.
The retaining wall to the rear of the property shall be a Versa Lock wall in brown as accepted by Tricia Bishop of 7 Maxwell Circle.
And Authorize the Agent to Sign.
Vote: 3-1-0, Rodney Frias opposed
Planner’s Report
Lauren Heights – Bond Reduction Request
The Board is in receipt of a request for a bond reduction amount relating to lot occupancy for 3 lots for Lauren Heights.
Rodney Frias, seconded by Dirk Underwood, made a motion to reduce the bond for the Lauren Heights by $15,000.
Vote: 4-0-0, Unanimous
Hammond Hill Estates – Bond Reduction
The Board is in receipt of a request for a bond reduction amount for Hammond Hill Estates.
The Board took no action.
Sauta Farms
Ms. Burke informed the Board that one of the conditions set for the approval of Sauta Farms was that a left turn out of the driveway was prohibited. However, a sign was never posted. A sign was recently put up and the residents of Sauta Farm have been complaining. Chief Braga observed the site and found that it does not create a public safety issue and it is OK with him if the Board rescinds the condition.
Bob D’Amelio, seconded by Rodney Frias, made a motion to rescind the condition to prohibit a left turn out of the driveway of the Sauta Farms Development.
Vote: 4-0-0, Unanimous
Adjournment
Bob D’Amelio, seconded by Dirk Underwood, moved to adjourn at 9:00 PM.
Vote: 4-0-0, Unanimous
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
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