Minutes of Meeting – August 6, 2013
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, Tom Collins, David Daigneault, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.
Cortland Drive – Request to Release Lots
Ms. Burke stated that she has spoken with Town Counsel as she was not sure how to proceed as the regular covenant had already been released. A supplemental covenant was added but never released. Town Counsel said that the lots had to be released from both covenants separately. The road is complete and has been for a long time and there are no issues.
The request is to release 14 Cortland Drive from the supplemental covenant.
Dirk Underwood, seconded by Tom Collins, made a motion to release 14 Cortland Drive from the supplemental covenant.
Vote: 4-0-0, Unanimous
ANR – Brigham Hill III
Present were: Tom DiPersio, Jr., Thomas Land Surveyors
Tom DiPersio, Sr., Thomas Land Surveyors
Atty. Michael Norris
Niel Fossile, Applicant
Geraldine Fossile, Applicant
Mr. DiPersio explained to the Board that the developer is seeking to combine five of the exterior lots on Exeter Drive into what they are calling lot 3B. This lot will not be a buildable lot, it will be open space. Two more lots will be created by taking the first two lots on each side of Forbes Road (lot 1C and lot 39B). The project will now be made up of 33 buildable lots. The original filing in 2004 was for 35 lots. Mr. D’Amelio asked how many of these lots will be tied to Town sewer. Ms. Burke noted that according to the agreement only 31 lots can be sewer. Atty. Norris noted that many of the lots do not perc and they are requesting that the Board modify the agreement in order to allow the 33 remaining lots to be sewer.
Ms. Burke stated that the Board cannot waive that agreement. Atty. Norris believes that the Board can modify the agreement. Town Counsel has said in the past that the Board cannot do anything with the agreement as it was furnished due to a court settlement.
Atty. Norris suggested going to Tony Marques and Sam Wong and asking them to allow the modification and if they agreed he would come back to the Planning Board for their approval.
The subdivision approval allows for four septic lots and Atty. Norris is requesting the modification eliminate the four septic lots and the Board treat it as a minor modification as to avoid the need for advertising and re-filing.
The agreement between the Town and Mr. Fossile was for the four septic lots. This agreement which was drafted by other parties was incorporated into the Planning Board’s decision. Atty. Norris argued that this is the only agreement that was made with the developer regarding the septic lots and that the Board has the authority to modify the agreement.
Mr. Collins and Mr. Underwood stated that if Tony Marques allows the modification they would be willing to go along with his decision. Mr. Daigneault would like the input of Town Counsel.
Mrs. Fossile wanted it made clear the decision / settlement was never signed by Mr. Fossile or Town Counsel.
Mr. D’Amelio requested that Ms. Burke discuss this with Town Counsel and Mr. Marques before the Board acts on this request. Atty. Norris said he would talk to Mr. Marques and he would send a letter to Atty. Cipriano as well.
The Board will accept the ANR to approve the lot line changes as they feel that this will not affect the issue regarding the septic.
Dirk Underwood, seconded by Tom Collins, made a motion to accept the plan with new lot lines entitled “ Plan of Land in Hudson, MA” as drawn by Thomas Land Surveyors & Engineering Consultants, Hudson, MA and dated June 10, 2013 and Authorize the Agent to sign notwithstanding any prior agreements or conditions.
Vote: 3-0-1, Mr. Daigneault opposed.
Minutes
Tom Collins, seconded by Dirk Underwood, made a motion to approve the minutes of June 18, 2013, as written.
Vote: 3-0-1, Mr. D’Amelio abstained.
Adjournment
Tom Collins, seconded by Dirk Underwood, moved to adjourn at 7:45 PM.
Vote: 4-0-0, Unanimous
Document List August 6, 2013
Document |
Location |
Form A, Brigham Hill III |
Planning Office |
Letter requesting release of lots on Cortland Drive |
Planning Office |
Minutes of June 18, 2013 |
Planning Office |
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
| 
