Minutes of Meeting – January 15, 2013
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, Aldo Cipriano, Town Counsel and Teresa Vickery, Clerk.
Brigham Hill III, Discussion
Present were: Thomas DiPersio, Sr., Thomas Land Surveyors
Linda Fossile
Mr. DiPersio explained that the applicant is proposing to remove seven lots from the plan. The original Planning Board approval for Brigham Hill III (2006) was for 35 lots. The plan the applicant is presenting tonight is for 33 building lots. This plan is being presented as an ANR. Mr. D’Amelio disagrees with the number of lots.
Mr. D’Amelio stated that the Board has a letter from the developer dated May 2, 2012 requesting that all lots be tied into the sewer.
Mr. D’Amelio stated that he believes that the Board cannot make any changes to the subdivision that would change the original order of conditions.
Mr. DiPersio noted that moving forward the applicant will formally submit an ANR plan along with a request to amend the language of the original subdivision. He stated that he does not believe that the plan change itself constitutes a new filing as they are not requesting new waivers. Mr. D’Amelio argued that they are changing the order of conditions. He noted that the original conditions state that 4 out of the 5 lots have to be sewer. The Board feels that this is not a minor modification to the plan.
Atty. Cipriano explained that under the subdivision control rules and regulations there is no such thing as a minor modification, it is either a modification or an amendment to the plan. Anytime an applicant wishes to amend the plan it must be done by some form of petition or request. Town Counsel views this as sufficient to be a petition to modify based upon the contents of the letter dated May 2, 2012.
The changing of lot lines is permissible except when they will impact a condition of the original approval. The proposed changed would impact the condition of approval. This can only be done with a full abutter notification.
Ms. Burke stated that a conservation restriction will be placed on any open space lot. Mr. DiPersio agreed.
Mr. DiPersio indicated he would bring the Board’s comments to the developer.
The Board took no action.
Medical Marijuana, Discussion
Ms. Burke informed the Board that she has been asked by the Chief of Police and the Board of Health Agent to write a by-law regulating/restricting the allowance of dispensaries in Town. In order to do this the Planning Board must sponsor the article. She asked whether the Board would be inclined to support such a by-law.
After a discussion Mr. Daigneault, Mr. Underwood and Mr. Collins ultimately agreed to support a temporary moratorium until after the Department of Public Health issues its regulations. Mr. D’Amelio stated that he would only support a full ban.
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Minutes
Dirk Underwood, seconded by Bob D’Amelio, made a motion to accept the minutes of December 18, 2012, as written.
Vote: 4-0-0, Unanimous
Adjournment
Bob D’Amelio, seconded by David Daigneault, moved to adjourn at 7:45 PM.
Vote: 4-0-0, Unanimous
Document List January 15, 2013
Document |
Location |
Minutes of December 18, 2012 |
Planning Office |
Plans for Brigham Hill III |
|
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
| 
