Minutes of Meeting – May 5, 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.
Lauren Heights Hearing to Claim the Bond
Present was: Christopher P. Yates, Atty. at Law
Max Kamel, DPW, Assistant Director
James Kennedy, Hudson Light & Power
Atty. Cipriano began by summarizes the events to date regarding Lauren Heights.
Mr. D’Amelio asked that Mr. Kamel explain the current conditions as well as what work needs to be done on Judith Road and Shelley Lane. Mr. Kamel said that Shelley Lane needs drainage work, maintenance, cleaning and gravel work performed in order to complete the road. He then said that Judith Road is top coated, the sidewalks have been installed with granite curbing.
Mr. Kamel provided photographs of the current conditions at the site. He also provided the Board with an updated bond amount. Ms. Burke stated that currently the bond is set at approximately $153,000.
Mr. Kamel stated that there has been an ongoing drainage problem for the residents of Hickory Lane as well as issues with run off. Mr. Kamel suggested that an investigation should be conducted in order to find the source of the run off. SEA believes that at some point while blasting at the site the drainage shifted. Mr. Kamel also noted that the catch basins along Hickory Lane should be videoed to determine if they should be cleaned out.
Jim Kennedy an engineer with Hudson Light and Power explained the conditions at the site relative to HLP’s role. He explained that transformers had to be de-energized because they were covered in silt and posed a threat to the residents. Another transformer at lots 10 and 11 also had to be de-energized because it was almost completely submerged in water. He stated that the hill is not currently being held back and it must be in order to avoid these problems. If the transformers keep getting loaded by the hill sewer pumps will need to be shut down. This could potentially cause a serious threat to the health and safety of the residents.
Atty. Yates reported to the Board that Avidia held a foreclosure auction for the subdivision on April 30, 2009. The Bank bought back six of the lots and a seventh was purchased by a third party. The Bank wants to step in and finish the road according to the subdivison. Atty. Yates is requesting a six month extension to complete the subdivision on behalf of Avidia Bank.
Ms. Burke asked if the Bank purchased the right of way fee at the auction as well. He said that they had.
Atty. Yates stated that the approximately $33,000 in back taxes were paid by the Bank on the lots they purchased.
Mr. D’Amelio asked if the Town claimed the bond would they need to issue RFP’s and if the project needed to go through a bidding process. Atty. Cipriano said that it would and he believes that the DPW simply does not have the resources to carry out the work.
Mark Rhodes, 26 Autumn Ridge, Berlin is the contractor who was hired by the Bank to finish the subdivision. He outlined his plan to remedy the situation regarding the drainage. He also stated that he would be able to begin work this month and could potentially have the subdivision ready by the end of the summer.
Mr. Vereault expressed concern that if the Town did claim the bond it would further delay the completion of the subdivision due to the fact that the project would need to go out to bid. Mr. Collins agreed and added that he does not think that the bond money will be enough to finish the work.
Atty. Cipriano suggested that the Board delineate the expectations of the work as well as put in place a system in which there occasional reviews by the Board would allow them to keep an eye on the work being done. This prompted a discussion as to how the Board could guarantee that the work be done according to the approved plan.
Mr. Frias recommended that the Board allow the contractor to begin work with the contingency that plans be submitted at the next meeting for approval. The Board agreed that Mr. Rhodes could begin the work.
Atty. Yates asked if a temporary extension could be granted tonight subject to a construction schedule being approved at the next meeting. The Board does not want to grant the extension until the plans are reviewed and a schedule is set up. Mr. D’Amelio wants the contractor to update the Board every six weeks until the completion of the work.
The Board feels they still have an option to claim the bond if they are not satisfied with the final scope of work.
Rodney Frias, seconded by James Vereault, made a motion to continue the public hearing for Lauren Height to May 19, 2009 at 7:45 PM.
Vote: 5-0-0, Unanimous
Rodney Frias, seconded by James Vereault, made a motion to grant an extension Avidia Bank to complete the Lauren Heights subdivision until May 19, 2009 upon which time the Board will review the final scope of work.
Vote: 5-0-0, Unanimous
Planner’s Report
Wal-Mart Conditions
Present was: Matt Smith, Bohler Engineering
At its last meeting the Board agreed to have the conditions drawn up and reviewed by the applicant before approving all conditions. The issue was regarding condition number eleven which states that the developer will grant an easement along the eastern side of Washington Street to accommodate the widening of Route 85. After several iterations the applicant agreed to the condition as presented to the Board.
Mr. Smith asked that condition number six be clarified to say that only during the construction phase are members or agents of the Planning Board allowed to enter the property. Ms. Burke agreed to change the condition to reflect this.
James Vereault, seconded by Dirk Underwood, made a motion to accept the conditions for 280 Washington Street as follows:
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.
A pre-construction conference will be held between the developer, the Planning Director, the DPW, Hudson Light & Power and other interested parties. If construction begins without this conference construction will cease immediately until the conference is held and the appropriate people are in attendance.
Hours of construction will be Monday through Saturday 7:00 a.m. to 5:00 p.m. No construction 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, construction 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.
Prior to the issuance of the building permit, the developer will provide the Town $84,000 to further the advancement of the Rte. 85 widening project to include a sidewalk along the frontage of 280 Washington Street.
Pending final design of the~Route 85 widening project,~promptly upon the Town's request, the developer will grant to the Town (at no cost) easements over~its property~within~25' feet of the existing~right of way line~on the east side of Washington Street to accommodate grading and or construction of the proposed Route 85 sidewalk abutting 280 Washington Street~substantially as depicted on plans entitled, "Reconstruction of Route 85 in the Town of Hudson; 25% Submission, February 2008, Mass. Highway Project File No. 604812."~ This area~is referred to as the "Easement Area."~~At~developer's or the Town's election, title to the~Easement Area~shall be conveyed to the Town (at no cost) provided that, if the Town asks Developer to convey~title to the Easement Area, then the developer
shall be so obligated to convey unless the conveyance will create, result in or increase a nonconformity under applicable laws, by-laws or regulations.
The developer will install a fence and signage behind the proposed addition similar to that in the front of the store preventing snow removal from entering the wetland area. Location and length of fence should be approved by the Planning Director and the Conservation Administrator prior to installation.
Prior to the issuance of an building permit, the developer’s engineering team will provide the Town with certification that the traffic signal repairs discussed during the April 21, 2009 Planning Board meeting (loop and signal lamp repairs) at the driveway entrance have been completed.
Vote: 4-0-1, Rodney Frias abstaining.
Highland Commons – Site Plan Modification
Present was: Peter Tamm, Goulston & Storrs P.C.
Alan Wells, SEA Consultants
Mr. D’Amelio began by explaining the dilemma facing the Board. Two of the current Board members have to recuse themselves and another, who is running for Selectman, will not be able to sit on the Board if he is elected. The Town Charter does not allow someone to sit on two elected Boards simultaneously. Ms. Burke along with Town Counsel has attempted to come up with various scenarios that would allow the public hearing to continue, however she was unable to get a quorum for the meeting.
Atty. Tamm explained that because he was aware of this he released his project team from the meeting and was not ready to proceed.
Ms. Burke stated that the earliest that the Board could appoint a new member and proceed with the public hearing would be at its May 19, 2009 meeting. Atty. Tamm agreed to this however he asked if the peer review process could begin immediately. He noted that if SEA were to look at the plans and comment on them before the meeting the applicant could address any issues and hopefully bring revised plans on May 19th. Some discussion regarding this went on between the Board members and Ms. Burke. Mr. Wells was asked if this was acceptable to him. He said he did not a have any issue with this. Mr. Frias, speaking for the Board said as long as the Board was kept abreast of the correspondence between SEA and Delucca-Hoffaman if would be acceptable to them.
Rodney Frias, seconded by Dirk Underwood, made a motion to continue the public hearing for Highland Commons until May 19, 2009 at 8:00 PM.
Vote: 3-0-2, Bob D’Amelio and Tom Collins abstaining.
Adjournment
Tom Collins, 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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