Minutes of Meeting – January 6, 2009
The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.
At 7:00 p.m., Robert D’Amelio called the meeting to order.
Present: Robert D’Amelio, Tom Collins, Dirk Underwood, Rodney Frias, James Vereault, Jennifer Burke, Planning Director, Teresa Vickery Clerk and Aldo Cipriano, Town Counsel.
Default Hearing – Lauren Heights
Mr. D’Amelio opened the public hearing for Lauren Heights at 7:00 PM. The meeting was immediately suspended in order to give the developer, Mike O’Malley, ample opportunity to attend.
Planner’s Report
Decision – Site Plan Review – 1 Mildred Circle, MetroPCS
There was a discussion regarding the proposed conditions for the site plan. The only condition that the developer was concerned about was condition #11. The developer wants it specified that the plantings be placed around the applicant’s tower.
Mr. Vereault believes that the plantings should be placed around the entire fenced in area. Then the Board discussed how many plantings there would be and where they would be located. Ultimately the Board decided that the applicant must plant 46 foot arbor vitaes. However, before doing so the applicant is required to submit a plan to the Planning Director for approval prior to the installation of the plantings.
Rodney Frias, seconded by James Vereault, made a motion to approve the plan entitled “Pope’s Hill Water Tank” drawn by Chappell Engineering Associates, LLC of Marlboro, Massachusetts dated August 25, 2008 and last revised on December 10, 2008 with the following conditions:
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.
If, during construction, a discrepancy is found between the approved plans and the existing regulations, the DPW and the Planning Director 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.
Service of the equipment will take place only Monday through Friday from 8:00 am – 5:00 pm unless there is an emergency situation.
The developer will add no additional lighting to the site.
Prior to the issuance of any occupancy permit, the developer will plant additional arbor vitae screening. Said screening will consist of at least forty (40) 6-foot tall arbor vitae no closer than three (3) feet on center. Prior to installation, the developer will present a landscaping plan to the Planning Director for review and approval.
Vote: 5-0-0, Unanimous
Bond Reduction & Street Acceptance – Elaine Circle
Ms. Burke reviewed the issues raised by the DPW regarding the diameter of the cul-de-sac. Mr. Petkauskos will decide how to proceed and will then contact Ms. Burke.
The Board took no action.
Default Hearing – Lauren Heights
The public hearing was reconvened at 7:15 PM. Neither Mr. O’Malley nor any representative for him was in attendance.
Mr. D’Amelio explained to the public that the Board had received some information late in the day from the applicant’s Attorney and the Board would need to meet in Executive Session to confer with Town Counsel regarding the new information.
Before going into executive session Michael Nanartowich, 9 Judith Road asked what will happen regarding winter maintenance of the road if Mr. O’Malley pulls out. Mr. D’Amelio explained that this would be discussed in executive session and the Board would come back with an answer for the public.
Bob D’Amelio, seconded by Rodney Frias, made a motion to suspend the public hearing and go into executive session for pending lititgation by roll call vote:
Robert D’Amelio – yes, Rodney Frias – yes, Dirk Underwood – yes, Tom Collins – yes and James Vereault – yes.
The Board reconvened the public hearing.
Mr. D’Amelio informed the public that the Board had received a letter from Mr. O’Malley’s attorney Louis Mountzoures dated today. The letter stated that Chestnut Farms Development Corp. had filed bankruptcy proceedings earlier in the day. The Board is not at liberty to discuss the details of the filing.
The Board did, however, state that they would ask that the DPW plow Judith Road until which time that the Board of Selectmen vote to approve maintaining the road through the winter months. The Selectmen need to vote because Judith Road is not a Town accepted road and is not a public way and therefore should be maintained by the developer until such time as the road is accepted at Town Meeting.
Atty. Cipriano stated that the Board is taking aggressive action for the benefit of the residents until the Selectmen meet on January 12, 2009.
Christopher Bruno, 7 Judith Road asked who makes the decision as to whether or not a street is accepted as a town way. Mr. D’Amelio stated that this is done through an article presented at Town Meeting and is voted on by the residents of Hudson. Mr. Bruno then asked if there is any plan to do that. Now that this is in litigation nothing can legally be done said Mr. D’Amelio. Mr. Bruno wanted it stated for the record that he believes that by withholding street acceptance the Town is putting the residents of Judith Road in jeopardy.
Bob D’Amelio, seconded by Dirk Underwood, made a motion to continue the public hearing for Lauren Heights until March 17, 2009 at 7:30 PM.
Vote: 5-0-0, Unanimous
Minutes
Rodney Frias, seconded by Tom Collins, moved to approve the minutes of December 22, 2008
Vote: 5-0-0, Unanimous
Adjournment
James Vereault, seconded by Dirk Underwood, moved to adjourn at 8:30 PM.
Vote: 5-0-0, Unanimous
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
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