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Planning Board Minutes 05/03/2011
Minutes of Meeting – May 3, 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, Dirk Underwood, David Daigneault and Jennifer Burke, Planning Director

Planner’s Report

Mr. Daigneault informed the Board that he did not agree with the Planning Boards decision/ vote regarding Hogan Tire, 258 Washington Street.  He does not feel that the Board satisfied the vote that was taken.  Mr. Daigneault opposed the vote however it passed by a margin of 4 to 1.  The vote was conditional on the premise that the land be given to the Town and Mr. Daigneault feels that this has not happened and yet the Board has signed off on the plans.  

Mr. D’Amelio noted that Ms. Burke had explained to him that this was no longer necessary.   

Mr. Daigneault feels that the vote is not a good representation of what ultimately occurred and he feels a new vote should be taken.  Mr. D’Amelio said that the intent was to get the decision in an acceptable form and allow the state to come in and acquire the easement.  Ms. Burke agreed and both feel this was accomplished.

Mr. Daigneault believes that the burden has been placed on the Town to make sure that the land gets transferred because the Town does not have the actual deed in hand.  

Ms. Burked noted that the project is moving ahead.  
        
Preliminary Subdivision – Bush Road Extension
Present were:   Tom DiPersio, Thomas Land Surveyors
                Andrew Bendetson, Century Mill Limited Partnership
                Paul Giannetti, Atty. at Law

Mr. D’Amelio convened the public hearing.

Atty. Giannetti, representing the developer Mr. Bendetson, explained that this project is part of Danforth Woods which is a subdivision that was developed back in 1998.  This is a proposed extension of Bush Road.  In 1998 the taking and the plan for Bush Road extended right to a parcel (parcel A) which is owned by Mr. Bendetson.  The cul-de-sac was stopped short at this point.  Mr. Bendetson purchased land in Bolton and part of the purchase is parcel A and the only access to parcel A is through an extension of Bush Road.  The applicant is asking that the Board waive the length of the cul-de-sac.  

By extending the length of the road way the applicant would have enough frontage to establish two buildable lots.  Atty. Giannetti noted that the applicant is also seeking to have the Board waive the construction of the extension of Bush Road.  Instead they would leave the existing cul-de-sac in place and rather than extending the cul-de-sac it will be extended by a private road with private easements in order to get access to the two new lots.  The applicant believes this provides for minimal disturbance of the existing area.  

Atty. Giannetti noted that the comments from Hudson Light & Power (HLP) were to have a blanket easement across the two parcels that would enable them to provide services to the two new homes.  HLP made it clear that the cost of extending the services would be the responsibility of the applicant.  

The DPW indicated that they are looking for any extension of pavement or improvement to the area be done in accordance with any approval that the Planning Board grant and it would be the responsibility of the applicant not the Town.  

The Fire Chief’s comments were with regards to building spacing and water pressure.  The Police Chief has no objections to the proposed plans.  

Atty. Giannetti noted that none of the issues raised in the comments were with regards to public safety.  He went on to state that there are two other roads in the subdivision (Nixon & Reagan) that are well above the Planning Boards regulated length.  Atty. Giannetti argued that the road length will not adversely affect the public safety of those on the cul-de-sac.  

Mr. DiPersio informed the Board that the applicant is seeking to extend the cul-de-sac an additional 150 feet at a width of 18 feet.  The area in question is approximately 2.25 acres of wooded land.   

Tom Cassidy, 5 Bush Road asked what the diameter of the cul-de-sac is.  The pavement diameter is 110 feet.  The width of the aisles will accommodate the turning radius for all fire apparatus.

Mr. DiPersio stated that this will be of low impact to the area and very low impact on Bush Road itself.

Tom Leckrone, 8 Bush Road asked why this is the first notice that the abutters had received as two letters were mentioned.  Ms. Burke stated that this is the first required notification for this project.  

Jack Drummey, 6 Bush Road voiced his concern for water pressure.  He feels that adding two more homes to the existing water main on the street where water pressure is already a concern will further lessen the pressure.  He noted that when speaking to Tony Marques he said that the pump at the beginning of the new subdivision is inadequate.  Mr. Drummey is asking that if this project moves forward he would like to see this issue taken care of as to increase the existing water pressure.  Mr. Cassidy agreed and stated that the pressure seems to be getting worse.  Mr. DiPersio noted that during a meeting with the ITC the Fire Chief expressed concern regarding the water pressure as well.  Mr. DiPersio stated that a water pressure test will be conducted at the end of Bush Road.  The spacing between the houses will be dependent on the pressure readings.  Mr. D’Amelio doesn’t feel that this addresses the issue of the existing pressure and feels that adding two more homes would simply further decrease the pressure.  Mr. D’Amelio requested that Ms. Burke address this concern with Mr. Marques.

Jim Gasek, 4 Bush Road noted that the houses on the left side of the road are higher than those on the right which further decreases the water pressure.  He also stated that the Police and DPW have been called many times in order to reset the water pump.  

Salem Inaam, 4 Riffles Lane stated that water runoff and drainage is already a problem in the area.  He feels that in taking away approximately 5,000 square feet of land the drainage issue will become much worse.  Mr. D’Amelio agreed and said that this will issue will need to be addressed during construction to see what happens with the runoff from roofs and driveways.  

Mr. DiPersio informed Mr. Inaam that the definitive plans will show much more detail regarding storm water management, which will address all the properties involved.

Mr. Cassidy asked what the plan is for snow storage.  There was some discussion regarding where the excess plowed snow will be stored.  The Board realizes that this needs to be addressed.  

Mark Regis, 1 Bush Road asked if any approvals have been granted.  Ms. Burke said no.

Ms. Burke asked if the land around the 2.25 acres has an approved conservation restriction with the state.  Mr. DiPersio said yes it did.  She asked that the conservation restriction for the Bolton land be provided.

Ms. Burke asked Atty. Giannetti if he could provide a legal opinion to address the issue regarding the ability of a private land owner to do maintenance on and maintain a public right of way.  This opinion could then be forwarded to Town Counsel for his review and comments.  

Mr. Gasek cited his concern for the excess noise and construction traffic to the area during construction.  

Mr. Inaam asked what the effect of drilling and blasting would be to the area.  Mr. D’Amelio explained that the drilling and blasting falls under the prevue of the Fire Chief.  There are state regulations for insurance and certifications.  The Fire Chief will then issue a blasting permit.  However houses within a certain area of the blast sites will get a pre-blast survey.  Everything in the homes is videotaped for insurance purposes.  Ms. Burke clarified that the pre-blasting inspection sites are within 300 feet of the blast site.  

Mr. DiPersio asked what the Boards conceptual feeling is regarding the extension of the Road.  Mr. Underwood and Mr. D’Amelio do not have any issues.  Mr. Daigneault agreed based on the satisfaction of the neighbors concerns.

Mr. Cassidy is afraid that this cul-de-sac having a road at the end of it could make it a raceway and stated his concern for his children’s safety.  

Mr. D’Amelio explained what the procedure will be from here as well as the issues that were raised during this preliminary hearing that need to be addressed.

David Daigneault, seconded by Dirk Underwood, made a motion to close the public hearing for the preliminary subdivision review for Bush Road.

Vote: 3-0-0, Unanimous.

Adjournment

Dirk Underwood, seconded by Bob D’Amelio, moved to adjourn at 8:30 PM.

Vote: 3-0-0, Unanimous



Document List May 3, 2011

Document
Location
Application for Approval of Preliminary Plan & Plans dated October 1, 2010.
Planning Office
Minutes of April 5, 2011
Planning Office
Minutes of April 19, 2011
Planning Office

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