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Planning Board Minutes 09/06/11
Minutes of Meeting – September 6, 2011


The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.  
At 6:30 p.m., Bob D’Amelio called the meeting to order.
Present:        Bob D’Amelio, Tom Collins, Dirk Underwood, David Daigneault, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.


6:30 PM Bush Road – Definitive Subdivison
Present were:   Paul Giannetti, Atty. at Law
        Tom DiPersio, Sr., Thomas Land Surveyors
        Andy Bendetson, Century Mill LLP

At the last meeting Mr. D’Amelio informed the applicant that he would not make any decisions without hearing from both Chief Blood and Tony Marques regarding the results of the second flow test that was conducted.  Both Chief Blood and Mr. Marques have stated that the results are acceptable.  

Atty. Giannetti informed that Board that the DPW was recently at the site and did some work to try to alleviate the existing water pressure conditions of the residents.  Expansion tanks and pumps were replaced.  RH White commented on the improvements to the system and noted that what the DPW did to address the issue is what they would have recommended be done.  Tom Cassidy, 5 Bush Road stated that this seems to have fixed the problem.  

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

Vote: 4-0-0, Unanimous.

Mr. DiPersio asked that condition #2 be removed as it is an expensive duplication of efforts.  This condition is in regard to the Storm Water Management Plan.  Mr. DiPersio explained the only thing that would be missing from the SWWMP would be the list of contacts which the applicant will supply to the Board at the pre-conference meeting.  The Board agreed to remove the condition.  

Dirk Underwood, seconded by David Daigneault, made a motion to approve the plan entitled “Definitive Subdivision Plans of Bush Road Extension in Hudson Massachusetts” as drawn by Thomas Land Surveyors & Engineering Consultants Inc. of Hudson, MA dated June 16, 2011 with the following conditions:

  • A pre-construction conference will be held between the developer, the Planning Director, the DPW 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.
  • A list of 24-hour emergency contact information must be provided to the Planning Director and the DPW at the pre-construction conference.
  • Hours of operation 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 the work.
  • A copy of this Decision and al final approved Plans shall be kept at the Project Site.
  • Members 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 or 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.
  • 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.
  • Inspections shall be in accordance with the Town of Hudson Rules and Regulations, which allows the Planning Board to use a full time inspector to be paid by the developer.  At this time, the DPW will handle the inspections on their own schedule, other than inspections itemized in condition 13 below.
  • The subdivision will be completed within two years of approval.  Prior to expiration, a developer may ask for a one-year extension of time to complete the subdivision.  If the Board determines that a one-year extension is warranted, it will also review the bond amount and adjust for inflation.  Extension requests after expiration will not be looked upon favorably.  If no extension is granted and the two years expires, then the subdivision will be in default and automatic rescission will occur.
  • No building permits will be issued until a lot grading plan prepared by the original Professional Engineer who designed the subdivision and showing that the lot is graded in accordance with the approved subdivision plan is reviewed and approved by the DPW and the Planning Director and no occupancy permits have been given until an as-built plan of said lot said lot grading and drainage system BMP’s has been accepted and approved by the Planning Director.
  • There will be full time inspection by the Town’s peer review consultant, to be paid for by the developer, during the installation of all utilities.  Including but not limited to water, sewer, all drainage and the storm water management items such as the rain garden and berm.
  • The Planning Board will be copied on all materials to be given to the homeowners relative to the maintenance and operation of the rain garden and a method for continuing the information in resale should be outlined prior to any occupancy permit being issued.
  • A no disturb zone shall be established a minimum of 3 feet from the tow of the slope on all sides of the berm being used for storm water management control.  This must be recorded in the property deeds.
  • Any maintenance of an extension, pavement and/or improvements beyond the existing Bush Road cul-de-sac shall be the responsibility of the owners of lots 1 & 2 as referenced on the plan.
And the following waivers:
      1.      3.3.3.1 (e)     Existing Tree Locations Shown On Plan
                                      Existing tree locations not required to be shown on plans.
      2.     3.3.3.9            Environmental Impact Statement
                                      No EIS is required.
      3.     4.0                  Design Standards*
      4.     5.0                  Required Improvements for an Approved Subdivison*

*The requirements of sections 4.0 & 5.0 will be waived in their entirety and the proposed roadway will be an unconstructed private way with a covenant restricting the division of land beyond the existing right of way to two building lots total without construction of the roadway in accordance with these sections, as shown on the “Definitive Subdivision Plans of Bush Road Extension” sheets 1-5 dated June 16, 2011.

Vote: 4-0-0, Unanimous

Mr. Underwood left the meeting.
Mr. Frias joined the meeting.

7:15 PM 258 Chestnut Street – Preliminary Subdivison
Present was:     Peter Bemis, Engineering Design Consultants

Mr. D’Amelio convened the public hearing.


There is already an approved preliminary plan in place for this project.  However, due to comments from the abutters Mr. Bemis has come up with another plan.  This new plan will come over the adjacent subdivision thus extending Sandy Knoll Drive an additional 1,826 feet.

Mr. Bemis began by explaining the waivers that are being requested by the applicant.  The first waiver is for the scale size on the plans.  Mr. Bemis explained that he has broken up the plan into two sheets in order to facilitate reading it.  The second waiver is for the length of the road.  The regulation is 500 feet; the applicant is requesting a waiver for 1,826 feet of roadway.  The third waiver is for the grade of the road.  These waivers were all being requested in the previous preliminary plan.

The existing terminus of Sandy Knoll Drive will be narrowed into the road width as the “ears” of the cul-de-sac will be eliminated thus eliminating that turn around.  The road will then continue at this point.

This set of plans shows all details regarding storm water management and Mr. Bemis outlined this for the Board.

This plan will create two more lots (eleven) than the previously approved preliminary plan.  

The wildlife corridor has been maintained in the resource area.

Alan Weiner of 1 Sandy Knoll Drive wanted it confirmed that Parcel A will be conveyed to Mr. Weiner as it states on the preliminary plans.  Mr. Bemis confirmed this and said there is currently an easement over it and that by doing this is would create proper frontage for the first lot.  The subdivision was created with fairly irregular shaped lots and the benefit of doing this would be that it will create relatively regular shaped lots.  

He also noted how dangerous exiting Sandy Knoll Drive on to Chestnut Street is.  The visibility of drivers exiting Sandy Knoll Drive is blocked by the height of the berm, the stone wall and the location of the power pole located on Chestnut Street.  He feels that adding additional lots will increase the traffic hazard at this site.  The Board agreed and will take a closer look at the exit.  Mr. Bemis stated that the stone wall could be reproduced in order to increase visibility.  

Hugo Guidotti, 5A Autumn Drive asked the Board is anything could be done regarding the drainage onto Chestnut Street.  During the spring and winter months the water comes down the hill and freezes causing a substantial driving hazard.  Mr. Bemis noted that the water is displaced from a property that is adjacent to the Underwood property and is not sure that anything can be done from the applicant’s perspective.  Mr. Guidotti wants to know if in creating this new development will it increase the problem.  Mr. Bemis believes the development will actually lessen the amount of water draining onto Chestnut Street.

Mr. Guidotti then asked what the results were of any perc tests.  Mr. Bemis stated the soil condition at this site is class B and preliminary tests that were conducted range between 5 – 10 inches per minutes, 15 will be the slowest rate.  There is a high ground water table at the site and this land is very suitable for infiltration.  

Bill Bushey, 44 Hummock Way asked what is the closest distance between the proposed subdivision to the Sauta Condominiums.  Mr. Bemis said the closest unit 180 feet from the lot line.  

David Edwards, 290 Chestnut Street thanked the Underwoods for their responsiveness and flexibility when it came to abutters concerns.  Mr. D’Amelio expressed his great concern for granting the waiver for the length of the road.  

Mr. Guidotti asked why is the length of a cul-de-sac regulated at 500 feet.  Mr. D’Amelio noted one of the more main concerns is safety.  Mr. Bemis stated that he could get the length down with the same number of lots but it would be a terrible design.  He feels that this is the most reasonable and responsible plan that the applicant could submit.  Mr. Bemis asked that the Board craft it’s decision in a way that would make it difficult for any other applicant to get a waiver for the road length as he believes getting the waiver for this project will not be easy.  

Laura Libby, 324 Chestnut Street expressed her concern for the lack of land set aside for conservation purposes.  Ms. Burke noted that this preliminary plan has approximately 4 acres less conservation land than the previously approved preliminary plan.  Mr. Bemis is hoping to increase this number through easements which will happen going further into the process.  

Ms. Burke asked if the existing stone wall on the lot will be coming down.  Mr. Bemis stated that a portion of it w ill come down however it will be re-harvested.  

Darryl Filippi, 300 Chestnut Street suggested that if the applicant were to lose lots 1 & 2 they would be able to recoup some of the open space.  He also noted that there is a barn on the Underwood property and he would be willing to design the barn for them.  

Mr. Guidotti again asked if something could be done about the water draining and then freezing at the end of Chestnut Street.  Mr. D’Amelio stated that this is a pre-existing condition however he would ask Tony Marques if something could be done to alleviate the problem.  Mr. D’Amelio went on to say that all of this would be addressed during the definitive stage of approval.  

Jeff Underwood, 258 Chestnut Street explained that this has been an issue ever since he can remember.  

Walter Ching, 296 Chestnut Street asked how the phases of construction would work.  Mr. Bemis said that temporary turn arounds and such.  

The size of the homes will be dictated by market conditions but right now the applicant is thinking approximately 3,000 – 4,000 square foot homes.  

Mr. Frias asked what kind of curbing will be used.  Mr. Bemis said that granite curbing will be installed all along the subdivision.  

Mr. D’Amelio asked the other Board members their feelings regarding this preliminary plan.  Mr. Collins noted that his major issue is with the length of the roadway.  

Mr. Daigneault noted that in his opinion this is a better plan than the previous one, however he would like to know where the drainage from lot 2 is flowing.  

Mr. Frias asked to see more topographic lines shown further into the abutting properties.  Mr. Bemis said he could do this however he would need access to the properties.  

Mr. D’Amelio cautioned the applicant that this approval in no way constitutes an approval of the final plan.

Bob D’Amelio, seconded by David Daigneault, made a motion to close the public hearing for 258 Chestnut Street and approve the preliminary plan entitled “Chestnut Hill Estates Extension Sandy Knoll Drive Preliminary Plan in Hudson Massachusetts” as drawn by Engineering Design Consultants, Inc of Southborough, MA dated August 8, 2011.

Vote: 4-0-0, Unanimous

Minutes

Tom Collins, seconded by Bob D’Amelio, made a motion to accept the minutes of August 16, 2011, as written.

Vote: 4-0-0, Unanimous

Mailbox

JFK

Before the hearings began Ms. Burke explained that she received a letter from OMR stating that they would like to remove the electronic gate and install a wooden guardrail all around the perimeter of the field.  They feel this is a minor modification, however, Ms. Burke did not feel comfortable making this decision without consulting the Board.  

Mr. Daigneault asked why they wanted to do this.  Ms. Burke thinks that it would be easier to maintain, cheaper to construct as well as easier for the buses to maneuver through.  However she was never given a specific reason for the change.  

Mr. D’Amelio asked if this is the only change they are making.  Ms. Burke stated that there are other changes but they are very minor.  

Mr. D’Amelio would like something in writing from both the Fire and Police Chiefs states that they do not have any issues with this change.  The Board would also like to know the reason for the change.

Highland Commons

Ms. Burke explained that Bryan Ruoff from SEA has been up to the site several times and has found that pond B’s erosion control has broken apart and has not been fixed.  Brian was sent up to the site because Tripps Pond had come up brown again and he went to investigate.  Benderson has been sent a letter outlining what needs to be done.  Last time Mr. Ruoff some of the work had been done.     

The Conservation Commission has requested the developer attend their meeting on September 15, 2011.  Ms. Burke will attend.  

Mr. D’Amelio asked for a copy of the SWWMP report.  

Adjournment

Bob D’Amelio, seconded by Tom Collins, moved to adjourn at 9:00 PM.

Vote: 4-0-0, Unanimous


Document List Sept 6, 2011

Document
Location
RH White Report regarding Bush Road dated 09/02/11
Planning Office
Email from Tony Marques regarding Bush Road dated 08/25/11
Planning Office
Application a& Plans for 258 Chestnut Street
Planning Office
Minutes of August 16, 2011
Planning Office

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