Minutes of Meeting – February 15, 2011
The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.
At 7:00 p.m., Bob D’Amelio called the meeting to order.
Present: Bob D’Amelio, Rodney Frias, Dirk Underwood, Tom Collins, David Daigneault, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.
Site Plan Review: 258 Washington Street, Hogan Tire
Present were: Matt Smith, Bohler Engineering
Paul Giannetti, Atty. at Law
Ed Hogan, Applicant
Mr. D’Amelio convened the public hearing.
Atty. Giannetti stated that this is the site that was previously approved for a Starbucks. The applicant is requesting approval of a 4,500 square foot facility for the sales of tires and light motor vehicle repair. This is a family owned business and if approved this would be their seventh location.
Ms. Burke informed Atty. Giannetti that there is an outstanding issue that must be dealt with before the plans can be signed. A conveyance of 2 parcels of land to the Town, one a 15-foot strip and the other a one-square foot parcel, must be granted. She cautioned that if this transfer of land does not take place the Department of Transportation will not move forward with the widening of Route 85. This puts the project in jeopardy of being taken off the Transportation Improvement Plan.
Atty. Giannetti explained that when The Richmond Companies (former owner of the land) could not find a tenant for the Starbucks and sold the property to Federated Construction LLC it seemed that this issue fell through the cracks. Attorneys for all involved are in the process of getting the deeds drawn up. As of this afternoon there were two draft deeds for parcels A & B that all parties agreed with they are all just waiting for final comments. Once this is done the deeds will be forwarded to Town Counsel for his review. Atty. Giannetti is hopeful that he can have the deeds sent to Town Counsel by Friday (February 18, 2011).
Mr. Smith described what the Board had previously approved back in 2009. The new plans show a larger building that will utilize more of the space. The former approved site had a long queue for a drive thru area that will no longer be necessary and will become part of the building site. He noted that the foundation, septic, drainage and walls had been installed however they never got a tenant. The septic will be modified as well as the underground detention system.
There will be ample space for parking as the plan shows 14 spaces one of which is an ADA space; this is well above the parking requirement.
There are six bay doors on the side of the building. Behind the building the existing trash enclosure will be used. There will be new landscaping around the perimeter of the building.
Mr. Hogan stated that approximately 75% of the business that Hogan Tire does is tires and the remaining 25% is light mechanical such as changing oil, brakes, exhaust and alignments. The business hours will be 7:30 AM – 6 PM Monday through Friday and Saturdays until 4PM. Mr. D’Amelio asked how many employees will he have and where will they park. Mr. Hogan said he expects to have six employees and they will all park around the back of the building.
Mr. Underwood asked about snow storage. Mr. Smith explained that some of the snow will be piled on the landscaped islands, some will be stored in designated areas and if need be it will be moved off site.
Mr. D’Amelio asked if they will be replacing the existing foundation. Mr. Smith said yes. Mr. D’Amelio expressed concern that the geo-grid may need to be moved back in order to reconstruct the foundation. He stated that during this phase of the construction the Board will condition that full time inspection from SEA take place.
Mr. Frias asked what the distance is from the foundation footing to the retaining wall. Mr. Smith discussed the distance from the foundation to the wall. It allows one vertical foot for each horizontal foot to maintain appropriate pressure.
Mr. Daigneault asked if the agreements made with Walgreens still apply. Mr. Smith noted that the land will be developed with regard to all land agreements made with Walgreen’s.
Mr. Collins asked if the access off of Washington Street will be maintained during construction. Mr. Smith said that it would and that different areas will be fenced off temporarily.
Mr. Underwood asked what the lighting plan is. Mr. Smith said that much less lighting will be utilized on this site relative to what was proposed with Starbucks.
Ms. Burke informed Mr. Smith that there are still some outstanding issues with regard to the Board of Health and the Conservation Commission. One of the issues is that the area where the old tires are stored may end up with stagnant water therefore breeding mosquitoes. Mr. Hogan stated that the old tires are removed from the site weekly. However if this is a concern he would erect a canopy over the tires.
Thomas Doerr, 2 Vernon Drive asked if the parcel is zoned for automotive use. Mr. D’Amelio explained that once they get approval from the Planning Board they need to get a special permit from the Zoning Board of Appeals.
Atty. Giannetti asked if they could approve the plan on the condition that it only be signed by the agent when Ms. Burke is in possession of the appropriate deeds for the conveyance. He noted that the applicant would like to be put on the Conservation Commission and Zoning Board agendas for the month of March and without the approval this would hold back the project.
Ms. Burke went through the conditions with respect to the original conditions for Starbucks. Conditions 1 – 9 are standard conditions. Conditions 10, 11, 12 & 16 will remain in effect while 13, 14, 15, 17 & 19 are to be taken out. Condition 18 will be reworded to say upon receipt of the deeds. An additional condition will be added with regard to the 24-hour inspections to be performed by SEA during underground construction.
Rodney Frias, seconded by Dirk Underwood, made a motion to close the public hearing for 258 Washington Street.
Vote: 5-0-0, Unanimous
Mr. Daigneault noted that he feels approving the plan with the condition regarding the deeds leaves the burden on the Board to see this is done. Mr. Collins asked why this has not yet been done. Atty. Giannetti briefly explained that getting all parties to work together has been difficult.
Mr. Daigneault asked if there is any concern that one parcel may be deeded while the other does not. Atty. Giannetti stated that there is no chance of this happening.
Bob D’Amelio, seconded by Dirk Underwood, made a motion to accept the plan entitled “Site Development Plans for Hogan Tire & Auto Service Center, Washington Street, Hudson, MA” as drawn by Bohler Engineering, Southborough, MA and dated January 18, 2011, with the following set of conditions:
A list of 24-hour emergency contact information must be provided to the Town Planner 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 Town Planner 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 Town Planner’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 decisions 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.
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.
Any change to the approved plans in conjunction with an Order of Conditions from the Hudson Conservation Commission or any Superseding Order is issued by the MA DEP will require a full review by the Planning Board or their designated agent.
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 reasonable 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.
A mechanical storm water quality unit or similar treatment will be included on the drainage system that flows to the wetland near Washington Street to achieve 80% TSS removal in accordance with the DEP’s Storm Water Management Policy. Said system will be reviewed and approved by the Planning Board prior to installation.
Prior to any plan endorsement the Planning Board Agent or issuance of a final decision, the Planning Director will be furnished with satisfactory evidence that the 15 foot strip of land along Rte 85 to accommodate the roadway widening project has been transferred to the Town of Hudson.
During all underground construction/excavation, particularly within proximity to the retaining wall, there will be full time inspection by the Town’s engineering consultants.
Vote: 4-1-0, David Daigneault opposed.
Minutes
Bob D’Amelio, seconded by Tom Collins, made a motion to accept the minutes of February 8, 2011, as written.
Vote: 5-0-0, Unanimous
Adjournment
David Daigneault, seconded by Dirk Underwood, moved to adjourn at 8:00 PM.
Vote: 5-0-0, Unanimous
Document List February 15, 2011
Document |
Location |
Site plan for 258 Washington Street dated January 18, 2011 |
Planning Office |
Original Approval Conditions from Starbucks Approval |
Planning Office |
Electronic Comments provided by Dr. Sam Wong, Board of Health dated February 9, 2011 |
|
Electronic Comments provided by Debbie Craig, Conservation Commisssion dated February 9, 2011 |
|
Minutes of February 8, 2011 |
Planning Office |
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
| 
