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Planning Board Minutes 04/17/12
Minutes of Meeting – April 17, 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, Dirk Underwood, Tom Collins, David Daigneault, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.

Planner’s Report
Present were:   Niel & Geraldine Fossile
                Atty. Michael Norris
                Atty. Aldo Cipriano

Atty. Norris explained that one of the conditions of approval for Brigham Hill III was that five lots had to be septic.  Mr. Fossile stated they he spent two days trying to perc the lots but they would not perc.  Atty. Norris stated that because of this it is difficult for Mr. Fossile to comply with this condition.  

Atty. Norris listed options for modifying the settlement agreement.  They included swapping the original five lots for five different lots and/or contributing $5,000 per lot to contribute to the sewer.  

Mr. D’Amelio explained that it was Mr. Fossile who designated which lots would be septic; the Board did not dictate the lots.  Mr. Underwood noted that if it was the developer who chose the original septic lots then it shouldn’t be a problem if he would like to change their designation.  

Mr. Fossile offered to re-perc the lots.  

The septic lots are all part of the first phase of the sub-division; Mr. Fossile would like to change them to the second phase.  However those lots will not be able to perc until fill is brought in.

Atty. Cipriano briefly explained the past litigation as Mr. D’Amelio is the only remaining Board member that was present for the cases.  He also discussed the sewer moratorium.  

Atty. Cipriano noted that Mr. Fossile could file for an amendment to the plan.  If so, this would require public notices.  Atty. Norris added that first the Board would need to deem whether this is a major or a minor modification to the original subdivision plan.  

Members of the Board agreed that they would consider either an amendment to the Planning Board decision or the approved subdivision plans.  Mr. D’Amelio would like the applicant to bring in the original approved plan with the correct lot numbers for septic designation.  It was noted that the plans have been changed through an 81X plan.  Atty. Norris agreed to provide the most current lot numbers.

Ms. Burke noted that the new plans will need to be distributed to other departments for comments prior to any meeting or public hearing.

Atty. Norris explained that lot #6 is the lot that Ms. Burke is holding off on signature.  This lot is under agreement and was hoping that it could be signed off on so they could begin work on it.  Ms. Burke indicated that she was shown lot 2 not lot 6 and that lot 2 is a required septic lot.  Ms. Burke stated she has no problem signing off on this lot as it is not one of the designated septic lots.  She agreed to sign lot 6 first thing in the morning.     

Atty. Cipriano asked when the applicant would be submitting the modified plans.  Atty. Norris stated they will submit them very soon and would also supply a current lot configuration to the Board.  Mr. D’Amelio asked that the septic lots be labeled on the plans.  


Minutes

Tom Collins, seconded by Dirk Underwood, made a motion to accept the minutes of March 20, 2012 as written.

Vote: 3-0-1, David Daigneault not voting.


David Daigneault, seconded by Tom Collins, made a motion to accept the minutes of April 3, 2012 as written.

Vote: 3-0-1, Dirk Underwood not voting.


Adjournment

Bob D’Amelio, seconded by David Daigneault, moved to adjourn at 7:45 PM.

Vote: 4-0-0, Unanimous                  
Document List April 17, 2012

Document
Location
Minutes of March 20, 2012
Planning Office
Minutes of April 3, 2012
Planning Office

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