Minutes of Meeting – April 21, 2009
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, James Vereault, and Jennifer Burke, Planning Director
Planner’s Report
Riverside Farm Estates: Bond Reduction
The DPW has provided an amount which would reduce the bond for Riverside Farm estates to $66,497.50. Ms. Burke stated that this was based on the previous action to keep the cul-de-sac at 50 feet. Ms. Burke also stated that Mr. Petkouskos will be proceeding with his intent to file for street acceptance in November.
Dirk Underwood, seconded by Tom Collins, made a motion to reduce the bond for Riverside Farm Estates to $66, 497.50 per the recommendation of the DPW.
Vote: 4-0-0, Unanimous
Lauren Heights Default
Present were: Aldo Cipriano, Town Counsel
Christopher P. Yates, Atty. at Law
Atty. Cipriano informed the Board that on Thursday April 16, 2009 he presented oral arguments in bankruptcy court to Judge Joel Rosenthal. He argued to relieve the automatic stay that existed as a result of the subdivisions bankruptcy filing. Atty. Cipriano furnished a copy of the Judge’s order which does grant relief from the automatic stay permitting the Planning Board to continue to proceed to make claim on the bond at the Board’s earliest administrative convenience.
Mr. D’ Amelio asked for clarification. Atty. Cipriano stated that the Planning Board now has the right to proceed to a further hearing in order to determine default and make a decision whether or not it is appropriate to claim the bond.
Atty. Cipriano explained that residents and interested parties should be given notice of the public hearing so they all have the opportunity to speak. As well as a representative of the DPW to give the Board an updated status of the conditions of the subdivision as it exists after the winter.
Atty. Yates reviewed the perspective from Avidia Bank regarding the subdivisions bankruptcy. The bank is proceeding with a foreclosure sale on the remaining properties on April 30, 2009 which may or may not happen. The Bank is trying to workout a couple of different scenarios regarding what will happen. The Bank is looking to line up developers to finish the subdivision if they do proceed with the foreclosure. There is a contingency plan in place with the current developer if he is able to come up with the funds needed to finish the subdivision. This is being worked out now so there is no way to know what will happen and what the result of it will be.
Mr. D’Amelio asked if there is anything that the Bank can do to supersede the Board’s ruling and go after the bond money. Atty. Cipriano explained that the Board has the right to proceed and make claim on the bond in order to complete the subdivision if in fact the Board does determine the developer is in default and nothing can stop that.
Bob D’Amelio, seconded by Dirk Underwood, made a motion to continue the default hearing for Lauren Heights to May 5, 2009 at 7:00 PM.
Vote: 4-0-0, Unanimous
ANR
10 Pheasant Trail
Present was: Terence Corrigan, Homeowner
Mr. Corrigan explained to the Board that he is swapping land with his neighbor in order to prevent the need for a variance for side yard setback for the construction of a porch.
Dirk Underwood, seconded by James Vereault, moved to accept the plan entitled “Plan of Land in Hudson, MA” as drawn by Zanca Land Surveying, Stow, MA and dated April 10, 2009 and Authorize the Agent to sign.
Vote: 4-0-0, Unanimous
1 Mildred Circle, Site Plan Modification
Present were: Andy Candiello, Tower Resource Management
George Hall, Atty. at Law
Mr. D’Amelio convened the public hearing.
Atty. Hall reviewed the reason for returning to the Board for a modification of the approved site plan. The Board previously approved the plan with the requirements that the applicant provide some additional plantings in order to screen the property from the neighbors to the south and west. He explained that the Zoning Board of Appeals shifted the location of the tower further to the east in order to accommodate the fall zone. The ZBA also required that the height of the tower be reduced from 96 feet to 83 feet. He explained the changes as reflected on the modified site plans.
Atty. Hall explained that the applicant is seeking an approval from the Board to coincide with the ZBA’s approval.
There was no input from the public.
Ms. Burke noted that all the existing conditions should remain in effect.
Dirk Underwood, seconded by Tom Collins, made a motion to close the public hearing for 1 Mildred Circle.
Vote: 4-0-0, Unanimous
Dirk Underwood, seconded by Tom Collins, made a motion to approve the modified site plan entitled “Pope’s Hill Water Tank” as drawn by Chappell Engineering Associates, LLC of Concord, MA dated August 25, 2008 last revised March 5, 2009 with the following set of 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 plan 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: 3-1-0, James Vereault opposed
26 Houghton Court, Site Plan Review
Present was: Tom DiPersio, Sr., Thomas Land Surveyors
Bob Flynn, Calare Properties
Mr. D’Amelio convened the public hearing.
Mr. DiPersio explained that the application is for a parcel of land located on the southerly side of Houghton Court right at the bend that goes westerly out to Houghton Street. The southerly boundary is against the Assabet River and the easterly boundary is up against the Rail Trail. The applicant is proposing to develop this site into a parking facility for his building located at 43 Broad Street on the other side of the Trail. The parking at 43 Broad Street is inadequate for the size of the building. The parcel of land is 1.3 acres and is currently wooded and in poor condition with a lot of debris. The better part of the parcel is on the riverfront. Knight Fuel has a building on the abutting parcel in which they store propane tanks.
The proposed parking facility will generate 82 spaces. The traffic flow will come south from South Street directly into the lot and exit left onto Houghton Street. This outcome was a result of meetings with the Internal Traffic Committee.
Ms. Burke noted that ITC is meeting this Friday to discuss recommending this part of Houghton Court become a one-way street.
The project has been designed to accommodate low impact development drainage due to its proximity to the Assabet River. Drainage will be allowed to flow from the parking lot into a bio-retention basin. Any overflow will simply be mitigated into the river.
Botanists flagged the riverfront area and suggested a restoration plan. The plan calls for the planting of native species plants in order to enhance the wildlife benefits of the property.
The property also comes with an easement that was granted years ago to the Hudson Food Pantry in order to allow access to the back of the building off of Houghton Court. There will be no physical restrictions for the food pantry to the back of the building from the parking area.
The profile of the surface area has been designed to mimic the existing topography as to not generate a lot of fill. Snow storage was shown on the plan away from the riverfront. There will be times that the snow will need to be loaded and removed from the property.
The lighting is shown on the plans and will not affect the neighboring residences.
The access from parking lot will be a pre-fabricated set of stairs, which will go up to the Rail Trail and employees of 43 Broad Street will travel south along the trail into a new and improved entrance on the back side of the building. An easement request from the MBTA has been submitted and is pending for this section along the trail which will be utilized.
Mr. D’Amelio expressed concern regarding liability issues during the winter along the trail due to the fact that the Town does not maintain it during the winter. He also asked what the applicant what is to stop the general public from parking in this lot to access the trail. Mr. D’Amelio suggested that the applicant erect signs stating that this is a private lot and no public parking is allowed.
Ms. Burke explained that the applicant has stated that they will maintain that portion of the trail during the winter.
Mr. D’Amelio clarified that salt use in this parking lot will be prohibited. Mr. DiPersio stated that salt would not be used. He also questioned if inspections should occur during construction of the drainage facilities. Mr. DiPersio stated that part of his job is to ensure that the design is properly installed and feels that constant inspection is part of his role.
Mr. D’Amelio asked that the question of liability be presented to Town Counsel for review.
Mr. Vereault asked for clarification regarding the lighting specifications. Mr. DiPersio outlined the locations that lights would be installed. Mr. Vereault would like specifics regarding the type of fixtures.
Richard Harrity, 103 Washington Street, also Chairman and President of the Hudson Food Pantry noted that he appreciated that the applicant accommodated the needs of the pantry. He also said that he is in favor of any improvements to this parcel.
There was a discussion regarding the width of the drive aisles. Ms. Burke noted that the by-law requires the drive aisles be 30 feet when traffic is directed two ways. The proposed drive aisles for this project are 22 feet due to the fact that the parking lot will only be one way. The by-law requirement for one-way traffic is 15 feet.
Don Garcia, Economic Development Commission, Chairman expressed the importance of the approval of this parking lot. He stressed that this would help the economic climate at 43 Broad Street. Mr. Garcia feels confident that the applicant will provide good standards for his tenants which will go beyond any rules and regulations the imposed by the Planning Board.
Dirk Underwood, seconded by Tom Collins, made a motion to close the public hearing for 26 Houghton Court.
Vote: 4-0-0, Unanimous
James Vereault, seconded by Tom Collins, made a motion to approve the site plan entitled “Site Plan in Hudson, MA” as drawn by Thomas Land Surveyors & Engineering Consultants, Inc. of Hudson, MA dated March 18, 2009, 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.
- No salt or other ice removal chemicals will be used on this site.
- Prior to the issuance of an occupancy permit, the project engineer will issue a letter to the Planning Board certifying that the drainage system is built in close conformity to the approved plans.
- Prior to the installation, the light detail will be submitted to the Planning Board for review and approval.
- The recorded access easement deeded to the Hudson Food Pantry will remain unobstructed to allow continued use by the Food Pantry.
Vote: 4-0-0, Unanimous
280 Washington Street, Site Plan Review
Present were: Matt Smith, Bohler Engineering
Bob Michaud, MDM Transportation
Bob Fitzpatrick, Wilmer-Hale
Chris Buchanan, Wal-Mart Stores
Dawn Wallace, Wal-Mart Stores
Lori Foley, Wal-Mart Stores
Mr. D’Amelio convened the public hearing.
Mr. Smith explained that the applicant is seeking approval for the site plan which would expand the existing Wal-Mart Store. The proposal is to expand the store by 22,000 square feet which would bring the total square footage of the store to 138,000.
There are very few changes to the front portion of the site. Site access will remain as it is and the site circulation with two-way flow as well as the traffic flow will not change. The major part of the expansion is to be done at the back of the building. The building will be expanded by 52 feet on the northerly side of the building and 70 feet on the southerly side. When the building was initially constructed it was done so to accommodate a 30,000 square foot expansion. Because of this much of the improvements were already anticipated. The drainage was installed and sized to accommodate the additional impervious area. The applicant is proposing an underground detention and infiltration system at the rear of the building. This will bring the expansion into compliance with storm water
management requirements established by the DEP.
Electric and telephone lines are currently at the rear of the building, these lines will need to be relocated. Sanitary, water and gas services will remain the same. Loading operations will shift to the back of the building, as similarly located and accessed currently.
A sidewalk will be included on site which will connect up to KFC/Taco Bell facility at the front of the site. There is currently no sidewalk along Route 85; the applicant is not proposing to install a sidewalk there. The applicant feels this would be “a sidewalk to nowhere”. Wal-Mart has agreed to provide funding toward the sidewalk (the amount is still being discussed), however does not want to construct it.
The lighting configuration of the parking lot is sufficient and only one new light will be installed to the rear of the building. The wattage of the lights that are currently on site will be increased to accommodate the expansion.
The parking lot will be patched up and if necessary signage will be replaced. It is the applicant’s intent to not make the project look like a rehab project but like a new store.
Mr. Michaud conducted the traffic study. His study concluded that during weekday peak hours traffic would only increase by 60 vehicles per hour and on Saturday it will be slightly more at approximately 85 additional vehicles per hour. The traffic report concluded that this increase would not materially change how the Wal-Mart driveway functions, nor it is expected to change the traffic at the signaling at the Route 85 intersection. The future widening of Washington Street will enhance the operations of this location. Sidewalk connections along the length of Washington Street will also provide pedestrian access all the way into the site.
Wal-Mart has repaired some malfunctioning traffic signals at the existing intersection to the site. Additional modifications to the signal timing will help to offset any delays that may come about with the expansion.
Mary McCormick, 7 Harriman Road asked whether there will be any increase in the number of parking spaces. Mr. Smith stated that there will be a slight decrease in the number of parking spaces; however the parking requirements are still being met.
Steve Jacobs, 279 Washington Street asked what the use of the expansion would be. Mr. Smith informed him that most of the expansion would be used to house a retail grocery area within Wal-Mart. Mr. Jacobs then asked if there would be any effect to the surrounding land, air and water due to use of chemicals. Mr. Smith explained that these negative characteristics are not expected in an expansion of this size. Mr. Jacobs asked if any blasting will occur, referring to cracks that occurred in the foundation of his home during the original construction/blasting. Mr. Smith said no. Mr. Jacobs then referred to the noise level. Mr. D’Amelio stated that there would be heavy equipment and construction; however the noise level would not be too great. Mr. Smith expects that the existing building
should serve as a noise buffer.
Joe Mosher, 22 Lincoln Street asked how many jobs will be created with this expansion. Mr. Buchanan said that 100 new associate jobs would be added to the store and the majority of these positions will be full-time.
Dirk Underwood, seconded by Tom Collins, made a motion to close the public hearing for 280 Washington Street.
Vote: 4-0-0, Unanimous
Mr. Smith explained that an estimate for the sidewalk was submitted by the DPW and the Economic Development Commission. The estimate, which included design services as well as relocating utilities, was approximately $100,000. Mr. Smith argues that the sidewalk is already being designed and the monetary burden of relocating the utilities should rest on the municipality. The applicant is proposing an estimate of between $50,000 and $60,000 citing that some of the cost components of the Town’s estimate should be eliminated. Mr. Smith conferred with his client and suggested that the difference be split and the applicant agreed to pay $84,000 toward the construction of the sidewalk when the building permit is issued. The Board agreed.
Ms. Burke suggested that a condition be included that Wal-Mart donate the right of way for the widening of Route 85 pending the final design (if necessary).
Bob D’Amelio, seconded by James Vereault, made a motion to approve the site plan entitled “Proposed Site Plans for Wal-Mart Stores, Inc. (#1970-01)” as drawn by Bohler Engineering of Southboro, MA dated March 17, 2009 pending review and approval of conditions as drafted by Ms. Burke.
Vote: 4-0-0, Unanimous
Minutes
Dirk Underwood, seconded by Tom Collins, moved to approve the minutes of April 7, 2009, as corrected.
Vote: 3-0-1, Tom Collins abstaining
Adjournment
Tom Collins, seconded by Dirk Underwood, moved to adjourn at 8:45 PM.
Vote: 4-0-0, Unanimous
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
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