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Planning Board Minutes 01/14/111
Minutes of Meeting – January 4, 2011


The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.  
At 7:00 p.m., Rodney Frias called the meeting to order.
Present:        Rodney Frias, Dirk Underwood, David Daigneault, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.

        
7:00 Planner’s Report

Wal-Mart Discussion: Hours of Construction
Present was:    John Vandish, Project Manager, Bass & Hatfield

Mr. Vandish came before the Board to request they grant Wal-Mart permission to work from 12:00 AM through 6:00 AM for two consecutive nights, probably Tuesday and Wednesday (1/11 & 1/12) of next week.  This would allow them to finish the work on the roof of the main entrance.  He informed that Board that by the end of the next week 100% of the work on the exterior of the building will be completed.  

Ms. Burke informed him that he would need to give herself as well as the Police Chief written notice 48 hours in advance of the evening work commencing.  

Mr. Frias referenced past instances when work was done in the evening even after Ms. Burke had explicitly told the developer that they needed the approval of the Planning Board.  Ms. Burke stressed the importance of communication.

1 Kane Industrial Drive: Site Plan Review
Present were:   Malcolm Houck, Atty. At Law
                Galen Miller, Applicant
                James Kane, Property Owner

Mr. Frias convened the public hearing.

Atty. Houck informed the Board that the applicant is proposing to open a shop for the sales and repair of motor sports vehicles in an existing 6,000 square foot concrete block building at the front of the Kane Industrial Park.  Mr. Miller currently has a shop in Maynard, however the building is being redeveloped and there is no longer adequate space for his shop.  

The facility will include a state inspection station.  Hazardous materials generated on site will be in very small quantities.  Anti-freeze will be picked up by Cyn Environmental Services of Stoughton.  Tires will be recycled by Ruthier & Sons of Littleton and battery replacements will be removed by Framingham Salvage Co. of Framingham.  Metal scraps will also be removed from the premises.  

There will be no changes to the existing building with the exception of the signage at the front of the building.  

Michael Fields who owns a property across the road expressed his concern for the type of business being proposed.  He feels that there are much better suited locations in Town for a business such as Bikeworx.  Mr. Fields went on to say that this is not a good use of this parcel and fears that the road into the industrial park will be used as a mile long test track.  Mr. Frias explained that the Planning Board does not take these issues into account and that he would need to raise his concerns with the Zoning Board of Appeals.  The applicant must file with the ZBA for a special permit for the use of the auto repair facility and because it is located within the watershed protection district.

Mr. Daigneault asked the comparative size of this building relative to the one he currently occupies.  Mr. Miller stated that even though this space is smaller it is a more efficient space than he currently has.  

Mr. Daigneault asked if the applicant will be fencing in any areas.  Mr. Miller said that he would not.  

Mr. Frias stated that the parking lot is not striped and that the Board will condition that this be done.  Mr. Frias also noted that currently the back light from the sign is illuminating the parking lot, he cautioned the applicant that when proper signage is installed this may interfere with the amount of light currently given off by the blank sign.  

Mr. Underwood asked if the applicant will be using the dock for deliveries.  Mr. Miller said that he would, however not very often.

Ms. Burke noted that the septic and hazardous waste questions will be addressed by the Board of Health.

Dirk Underwood, seconded by David Daigneault made a motion to approve the site plan entitled “Site Plan of Land at 1 Kane Industrial Drive in Hudson, MA” as drawn by Thomas Land Surveyors & Engineering Consultants of Hudson, MA dated November 22, 2010 and Authorize the Agent to sign 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.

The parking lot will be striped with paint by April 15, 2011.

Vote: 3-0-0, Unanimous

Mailbox

Ms. Burke informed that Board that SEA has noticed a horizontal cracking in the fore bay wall which holds back the detention basin.  This issue has been addressed in construction observation reports since August and has gone unresolved since then.  Mr. Ruoff said he has noticed the size of the crack has continued to increase in length.  Al Wells suggested to Ms. Burke that this be examined by a structural engineer and asked if the Board had any issues with this.  The Board agreed to have a structural engineer inspect the wall.  

Adjournment

David Daigneault, seconded by Dirk Underwood, moved to adjourn at 7:45 PM.

Vote: 3-0-0, Unanimous

Document List January 4, 2011

Document
Location
Wal-Mart Site Plan Review Decision dated 04/21/2009
Planning Office
Emails between John Vanish & Jennifer Burke dated 12/13 & 12/15/2010
Planning Office
Standard General Conditions of Site Plan Review
Planning Office
Construction Report from SEA re: Highland Commons  dated 12/23/2010
Planning Office
Letter from Benderson to Ms. Burke dated 01/03/2010
Planning Office

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