Minutes of Meeting – April 3, 2012
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, Rodney Frias, Tom Collins, David Daigneault, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.
Zoning Amendment – Wireless Communication Facilities
Bob D’Amelio convened the Public Hearing.
Ms. Burke informed the Board that the by-law has the wrong map and parcel listed and it is simply a matter of fixing the typo.
There were no comments from the public.
David Daigneault, seconded by Tom Collins, made a motion to close the Public Hearing for the Zoning By-Law Amendment.
Vote: 4-0-0, Unanimous.
141 & 153 Broad Street, Site Plan Review
Present were: Jack Sargent, Wildwater Development
Scott Hayes, Foresite Engineering
Bob D’Amelio convened the Public Hearing.
The applicant is proposing two apartment complexes made up of 33 units. All units will be two or three bedrooms, two and a half bathrooms and a one car garage. The access to the apartments, which are similar to townhouses, will be from Broad Street. Each unit will have its own street level front entrance.
The site will connect to Town sewer. The proposed drainage system is made up of porous asphalt inlaid by a stone base under the existing soil. Mr. Sargent noted that the DEP and EPA consider this a “green system”. This system has been in use since the 1970’s.
Mr. D’Amelio noted concern for the fact that there are extensive wetlands on the site as well as a vernal pool. He went on to say that this plan will need to be reviewed by SEA before the Board goes any further in the review process.
Carol Girard, Forest Ave noted that drainage is a major issue and she asked if the construction will add to the problem. Mr. Sargent explained that water discharge cannot be any faster than the pre-development rate/amount. Joseph Daigneault of 54 Mason Street, Kathleen Hamm of 17 Overland Street and Sandy Bouchard of 18 Overland Street also expressed concern for the drainage problems in the area. Mr. D’Amelio stated that drainage will be one of the major issues that SEA will review.
Sandy Bouchard, 18 Overland Street noted that she had sent a letter to the Board. She explained that in her letter she noted that this plan does not adhere to the rules of the Town’s Watershed Protection By-law. Mr. D’Amelio stated that SEA will also look into this.
Dorothy Doyle, 135 Broad Street asked where the 25 foot buffer zone between the wetlands and the building is because she says the plans do not show one. Mr. Sargent explained that 10,000 square feet of wetlands has been illegally filled over the last 50 – 60 years. The Conservation Commission, through an enforcement order, has ordered that this be removed.
Ms. Doyle then asked about snow storage, stating that two areas for storage are required. She feels that all the snow and the chemicals will melt into the vernal pool. This also will be addressed by SEA.
Jason Kunicki, 135 Broad Street had concerns about the demolition of the existing property. He asked if an EPA review is required. Mr. Sargent explained that an overview of the existing property, including soil samples, must be done in order to get bank financing.
Fabio Nunes, 135 Broad Street asked whether the legal opinion from 2001 regarding the applicability of the watershed overlay district provisions relative to a proposed condominium project on the same site. Based on the above mentioned opinion the project failed to move forward. Mr. D’Amelio informed him that the Board will request a new legal opinion.
Tammy Ducey, 36 Giasson Street noted her discontent regarding the project and how these new dwelling would add to the sewer problem she has at her house.
Mr. Kunicki asked if a privacy fence will be erected. Mr. Sargent stated that it has not been considered.
Alberta Gallante, 135 Broad Street asked if the applicant would consider erecting a fence not only for privacy but also for safety. Mr. Sargent said he doesn’t have a problem putting up a fence however they can only go back about 100 feet because of the wetland area.
Josh McCloud, 45 Ontario Drive stated his concern that the applicant is trying to squeeze the buildings onto this site.
Mr. Nunes noted that the major concern here is for the 25 foot buffer zone as well as the vernal pool. He stated that if this project is approved it will adversely impact the value of his property and he feels that this would most likely end in law suits from some of the abutters.
Ms. Girard asked if there will be any low income units. Mr. D’Amelio said no as this is not a 40B project.
Mr. D’Amelio stated that he will ask SEA if a traffic study needs to be conducted.
Mr. Frias said he thinks a site walk would be a good idea.
Mr. Hayes would like to wait for the legal opinion to come back before making a decision on paying the consultant fees.
Rodney Frias, seconded by Tom Collins, made a motion to continue the public hearing for 141 & 153 Broad Street until May 1, 2012 at 7PM.
Vote: 4-0-0, Unanimous
Planner’s Report
Present were: Niel & Geraldine Fossile
Brigham Hill III Discussion
Mr. Fossile explained to the Board that he needed signatures for permits and Ms. Burke would not sign off, citing that one of the Planning Board conditioned has not been met. The conditions state that four of the five lots must be on septic and this has not been done.
Mr. Fossile noted that he spoke with Sam Wong and he told him that if there is a sewer main near the dwelling it must be tapped in to. He went on to say that he has tried to perc the lots and they will not perc.
Ms. Burke stated that she has spoken to Dr. Wong and the settlement agreement between the Town and Mr. Fossile would override Title V regulations. Mr. Fossile argued that he believes that he asked the Planning Board for a waiver of this condition when bonding Phase one. There is no evidence of a waiver granted in the minutes of any meeting or in the project file.
Mr. D’Amelio asked if building permits can be issued without knowledge of waste disposal. Mr. Collins stated that as a developer it has been his experience that in order to receive sign offs from DPW you either need sewer connections or approved septic plans.
Mr. D’Amelio stated that he felt that this is more complicated than he first assumed and would like to seek counsel from Town Counsel. He suggested that Ms. Burke schedule a meeting with all parties involved in order to resolve this issue.
ANR – Kattail Road
Present was: Steve Poole, Lakeview Engineering
Mr. Poole presented the ANR to the Board. The Board had no issues.
Rodney Frias, seconded by Tom Collins, moved to accept the plan entitled “Plan of Land in Hudson, MA” as drawn by Lakeview Engineering Associates dated February 18, 2012 and authorize the Agent to sign.
Vote: 4-0-0, Unanimous
Adjournment
Tom Collins, seconded by Rodney Frias, moved to adjourn at 8:15 PM.
Vote: 4-0-0, Unanimous
Document List April 3, 2012
Document |
Location |
Form A – 9 Kattail Road and Plans dated 02/18/12 |
Planning Office |
Application and Plans for 141 & 153 Broad Street |
Planning Office |
Minutes of March 20, 2012 |
Planning Office |
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
| 
