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Planning Board Minutes 09/22/08
Minutes of Meeting – September 2, 2008


The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.  
At 7:30 p.m., Robert D’Amelio called the meeting to order.
Present:        Robert D’Amelio, Tom Collins, Dirk Underwood, Rodney Frias, James Vereault, Jennifer Burke, Town Planner and Teresa Vickery Clerk.


Planner’s Report

-Bond Reduction / Street Acceptance – Hammond Hill Estates

The Board is in receipt of a bond reduction request from Mr. Davis. Ms. Burke provided a bond reduction amount of $41,981.50.

Rodney Frias, seconded by Dirk Underwood, made a motion to reduce the bond for Hammond Hill Estates to $41,981.50.

Vote: 5-0-0, Unanimous

Ms. Burke informed the Board that Mr. Davis would like the street acceptance placed on the warrant for the November Special Town Meeting.  The road is complete.  DPW has done an inspection.  They have provided a memo outlining five minor items to be completed before November Town Meeting.  

Rodney Frias, seconded by Dirk Underwood, made a motion to submit the street acceptance article to the warrant for November Town Meeting.

Vote: 5-0-0, Unanmious

Street Acceptance – Riverside Farm Estates

Ms. Burke stated that street acceptance for Riverside Farm Estates will be put off unit the May Town Meeting.

Expired Subdivisions

Ms. Burke noted that there are three subdivisions that have expired.  Two of which, Quinn Estates and Bailey Park Woods have not begun construction.  After discussion with Town Counsel, Ms. Burke suggested to the Board that letters be sent to the two subdivisions letting them know the approvals are no longer valid and that a new filing will need to happen in order for work to begin.

The third subdivision, Chestnut Hill Estates, is close to complete.  They have had several extensions already.  Ms. Burke noted the most recent extension was in March 2008.  She suggested that the Board call the developer into the Board’s next meeting for a default hearing.  

The Board agreed to have Ms. Burke write the letters.

256 Washington Street – Site Plan Review
Present was:    Matt Smith, Bohler Engineering
                Dan Mills, MDM Consulting
                Lisa Davis, Stop & Shop
                Paul Giannetti, Atty. at Law

Robert D’Amelio recused himself.


Ms. Burke asked whether the applicant had any issue with allowing Mr. Vereault to sit in on the public hearing due to the fact that he was not present for the first hearing on July 15, 2008.  She explained to the applicant that they would only have three voting members.  It was decided that Mr. Vereault would sit in on the meeting, however would not vote.  

Mr. Smith began by informing the Board that the number of pumping stations had decreased from eight to six which subsequently reduces the number of dispensers by two.  The dispensers that would be eliminated are located on the southerly side of the property.  

Mr. Smith then addressed the comments made by SEA in their design review dated August 29, 2008. He agreed with the comment Ms. Sommer made regarding the utilization of a storm quality storage system during construction he added that this system operates like a deep sump catch basin.  Mr. Smith also agreed to provide SEA with the additional information regarding storm water management.

Mr. Mills addressed the issue of traffic delays due to on site queuing, he does not agree that this will result in delays along Technology Drive.   He added that if this does become an issue that a sign instructing drivers not to block the intersection could be installed.   Mr. Mills does not deny that some delays are inevitable.  The developer plans to widen a section of Technology Drive in order to create left and right turn lanes into the gas station.  Mr. Frias asked if new lines would be drawn on the road and the old ones eradicated.  Mr. Mills said yes.  

Mr. Underwood asked if the delivery of fuel would take place off of peak hours.  Ms. Davis said yes and stated they would be open to restrictions.  

Carl Leeber, 125 Causeway Street spoke in opposition to the gas station.  He explained that there are too many gas stations in town and there is no need for another one.  He went on to say that as a Selectman he and the rest of the Board were against this.  He stated concerns for the traffic and how close the site is to the wetlands.  He urged the Board to deny the site plan.

Atty. Giannetti stated that the applicant would need a permit for the underground storage of the fuel from the Board of Selectmen and at that point the Selectmen could voice their concerns.

Atty. Paul Feldman represents one of the business owners on Cabot Drive.  He stated that his client is concerned with the amount of traffic that will result on Technology Drive.  

Tom Walsh, 17 Brentonwood Road expressed his concern for the traffic and believes increasing the traffic will result in a dangerous situation.  He urged the Board to not enter a decision, citing there are many unresolved issues.

Nancy Hanslip, 134 Forest Avenue stated that this proposal should not be considered.  

Lee Murphy, 416 Main Street asked how many gallons per month does the applicant expect to sell.  Atty. Giannetti stated that there are not any projections.  Ms. Davis explained that Stop & Shop is proposing between three and four deliveries per week in 10,000 gallon tankers.

Marty Libby, 1 Lower Road reiterated his previous question regarding selling oil and disposal of the hazardous waste on site.  Mr. Frias noted that Mass General Laws require stations that sell oil to store oil.  Any oil storage would be a local permit from the Fire Chief.  Ms. Davis stated that the applicant would meet with the Fire Chief and work out the details, if not they will not be selling oil.  

Mr. Mills informed the Board that the developer will donate 15 feet along Route 85 to eliminate the need for takings from MassHighway.  Atty. Feldman does not see how this is relevant to the issue of traffic delays.

Mr. Vereault asked Mr. Smith what the developer is doing to ensure the safety of the wetlands.  Mr. Smith explained that a spill prevention plan will be put in place.  Mr. Vereault then asked if the applicant is willing to consider a water-oil separator.  Mr. Smith stated in his professional opinion this would not grant more protection.  

Mr. Murphy asked what the storage capacity of the fuel tanks is.  Mr. Smith informed him that there is 40,000 gallons of underground storage at this facility.  

Mr. Libby asked that the Board consider how a spill could potentially effect the abutters who use well water.    

Rodney Frias, seconded by Dirk Underwood, made a motion to close the public hearing for 256 Washington Street.  

Vote: 3-0-1, Unanimous (James Vereault not voting)

The Board will make a decision at it meeting of October 7, 2008.

Mr. D’Amelio returned to the Board.

Minutes

Tom Collins, seconded by Dirk Underwood, moved to approve the minutes of August 5, 2008, as corrected.

Vote: 4-0-1, Mr. Frias abstaining.

Adjournment

Bob D’Amelio, seconded by Dirk Underwood, moved to adjourn at 8:45 PM.

Vote: 5-0-0, Unanimous

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