Minutes of Meeting – October 7, 2008
The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.
At 7:30 p.m., Rodney Frias called the meeting to order.
Present: Tom Collins, Dirk Underwood, Rodney Frias, James Vereault, Jennifer Burke, Planning Director and Teresa Vickery Clerk.
Planner’s Report
-Decision – 256 Washington Street, Stop & Shop Fueling Facility
Present was: Paul Giannetti, Atty. at Law
Mr. Frias stated that the Board is requiring that the lighting on the site match that of Walgreen’s. He requested that a condition be added for the matching lighting.
The outstanding issue is in regards to the delivery times of the fuel. Ms. Burke informed the applicant Hudson’s quiet hours are 11:00 PM – 7:00 AM. She feels that taking the quiet hours into consideration the best time for deliveries would be between 7:00 and 9:00 PM, Monday through Friday. Atty. Giannetti stated that this is too limited and restrictive for his client. He suggested 7:00 – 11:00 PM and 9:00 AM –12:00 PM, seven days a week. He also said that Sunday deliveries would only happen in an emergency situation due to weather conditions or supply amount. The Board agreed that this would be acceptable, however only in an emergency.
The Board agreed to allow deliveries Monday through Sunday from 9:00 AM – 12:00 PM and from 7:00 – 9:00 PM, with the condition that Sunday deliveries are only in an emergency situation.
Mr. Vereault asked that Atty. Cipriano’s legal opinion regarding his ineligibility to vote on this petition be noted for the record.
Tom Collins, seconded by Dirk Underwood, made a motion to approve the site plan entitled “Proposed Stop & Shop Fueling Facility, Map 64, Lot 30-3, Technology Drive, Town of Hudson, Middlesex County, Massachusetts” as drawn by Bohler Engineering of Southborough, MA dated May 15, 2008 last revised August 20, 2008 with the following conditions:
- A pre-construction conference shall be held prior to the commencement of construction, to include, at a minimum, the developer, the Planning Director, the DPW, and a representative of the Conservation Commission.
- A list of 24-hour emergency contact information must be provided to the Planning Director 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 Planning Director 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 Planning Director’s reasonable satisfaction. As discussed at the Planning Board meeting on September 2, 2008, the developer agrees to use the Stormceptor Extended Oil Storage System in place of the unit shown on the project plans.
- 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 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 Technology Drive from the new site driveway easterly to directly across from the existing Stop & Shop driveway as show on a plan entitled “Proposed Sidewalk Concept” as drawn by MDM dated September 2008. Said sidewalk will be constructed in accordance with Town of Hudson standards.
- The Planning Director will be consulted in the field in regard to the placement of all on site directional signs.
- Prior to the issuance of any occupancy permit, the applicant will perform traffic improvements on Technology Drive including widening of a portion of Technology Drive and constructing a dedicated left hand turning lane into the site as shown on a plan entitled “ Proposed Left Turn Lane Concept” as drawn by MDM dated June 2008.
- Delivery of fuel to the site will be limited to Monday through Saturday from 9:00 am – 12:00 noon and 7:00 PM – 11:00 PM only. Fuel deliveries will be allowed on Sundays when weather/supply conditions dictate the need for additional deliveries only. If Sunday deliveries are necessary, the same hours of delivery will apply.
- Once one occupancy permit is issued for any lot serviced by this entrance. All entrances must remain open to the public.
- 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.
Vote: 2-1-0, Rodney Frias opposed
Chestnut Hill Estates, Subdivision Discussion
Present were: Mike Heim, The Oakwood Group
Rick Heim, The Oakwood Group
Rich Casseli, Casseli Trucking
Mr. Underwood recused himself.
Mr. Frias began the discussion by giving the Board a brief synopsis of the project to date. He stated that the applicant has been granted three extensions since the approval of the site plan. The applicant is requesting a bond reduction in order to complete the subdivision. The DPW recommends that the bond not be reduced any lower than $84,000.
Mr. Casseli stated that he got involved in the project back in July to get the road completed. However, due to the exorbitant amount of rain this past summer the project kept getting delayed. He did say that they are making progress and the granite curbing is complete. He is hoping to get the road paved within the next week or so and definitely wants to be done before the winter. Rick Heim also stated that the weather has been a major concern and that they would need at least three consecutive days of dry weather in order to finish the road.
Mr. Frias asked if they could complete the road in two weeks. Rick Heim said it would be possible, however the weather would be a factor.
Mike Heim informed the Board that the asphalt to complete the road would cost $37,000 and is therefore requesting a bond reduction. Ms. Burke suggested that the applicant submit a work schedule and that she would need to review and approve it before giving them the bond money. The Board agreed.
Rodney Frias, seconded by James Vereault, made a motion to reduce the bond for Chestnut Hill Estates to $84,221 per the DPW’s recommendation, provided that a work schedule is submitted, reviewed and accepted.
Vote: 3-0-0, Unanimous
Mr. Underwood returned to the Board.
Old North Woods – Proposed Definitive Plan Modification
Present was: Tom DiPersio, Thomas Land Surveyors
Mr. Frias recused himself.
Mr. DiPersio informed the Board that Ms. Thompson is requesting that the Board consider allowing the construction on the two corner lots with access through a common driveway. He added that the turning radius for emergency vehicles is sufficient.
Regarding the drainage on Old North Road, Ms. Thompson would be willing to contribute to the work on the drainage with the Town. She also told Mr. DiPersio that she would install enough drainage to accommodate the amount of development. Ms. Burke does not believe that this is a minor modification to the previously approved plan and therefore feels that a full public hearing should be held and the abutters re-notified.
Mr. DiPersio informed the Board that if the drainage were required on Old North Road that the applicant would most likely not be willing to proceed with the modification request. Ms. Burke would like to see some drainage commitment for the road, especially due to the overwhelming abutter concern regarding the drainage. The Board agreed that the drainage was a very important part of the site plan review for this subdivision.
Mr. DiPersio is to going update Ms. Thompson and will inform the Board of her decision.
Mr. Frias returned to the Board.
ANR – 12 & 16 Woodrow Street
Present was: David Baran
Mr. Baran presented the ANR to the Board. He explained that he is requesting that the lot lines be reconfigured to make all the lots more conforming than they presently are. Lot #1 will be made 100% compliant; Lot #2 will end up with 150 feet of frontage and more land will be added to said parcel. The third lot becomes larger.
Rodney Frias, seconded by Dirk Underwood, made a motion to accept the entitled,
“Plan of Land in Hudson, Lots 1, 2, & 3” as drawn by Zanca Land Surveyors in Stow, MA dated September 25, 2008 and Authorize the Agent to sign.
Vote: 4-0-0, Unanimous
Minutes
Rodney Frias, seconded by Dirk Underwood, moved to approve the minutes of September 2, 2008, as corrected.
Vote: 4-0-0, Unanimous
Adjournment
James Vereault, seconded by Dirk Underwood, moved to adjourn at 8:30 PM.
Vote: 4-0-0, Unanimous
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
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