Minutes of Meeting – January 7, 2014
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, Rodney Frias, Dirk Underwood, Tom Collins, David Daigneault, Teresa Vickery, Clerk and Jennifer Burke, Planning Director.
10 Old North Road – OSRD Application
Present were: Paul Giannetti, Atty. at Law
Ian Mazmanian, Old North Creek, LLC
Bart Bussink, Old North Creek, LLC
Tom DiPersio, Thomas Land Surveyors
Harold Siminski, Smart Homes
Matthew Kennedy, Smart Homes
Atty. Giannetti began the presentation by asking what the Board expects from the applicant with regards to this type of project. Mr. D’Amelio stated that the by-law (for this type of subdivision) states that the project be reviewed by the Town’s engineering consultant. Atty. Giannetti suggested that the peer review begin when the final set of plans are submitted and they work without the review until such time as to minimize the cost to the applicant.
Mr. D’Amelio cautioned the applicant of the risk involved. Atty. Giannetti stated that he understood this as well as his client.
Ms. Burke explained that if this is indeed a site plan review that under section 5.6.1.4 (c) the applicant should have already filed with the Board of Health, Conservation Commission, Building Commissioner, Department of Public Works, Police Chief, Fire Chief and the Town’s Engineering Consultant for their consideration, review and report. Atty. Giannetti referred to the pre-application section which does not require this. However, Mr. D’Amelio stated that when he was asked Atty. Giannetti said this is not a pre-application.
Atty. Giannetti stated that he understood that peer review begins once the Board and the applicant have received all the comments from the various Boards and Commissions, abutters and the Board. Mr. D’Amelio noted that this is the first development of this kind being presented and that is not the procedure.
This land is protected under M.G.L. Chapter 61A. Atty. Giannetti has an opinion from Town Counsel that states that the applicant can move forward while awaiting a decision from the Town as they have the right of first refusal of this property as per the requirements set forth in Ch. 61A. Mr. D’Amelio wants the applicant to be aware that they are taking a chance by proceeding without knowing if the Town will purchase the land. Atty. Giannetti said his clients are well aware of this.
Mr. DiPersio explained that these plans are for an Open Space Residential Development (OSRD). This type of development allows for flexibility with certain regulations by clustering lots and setting aside open space. Under this by-law the applicant must first submit a plan, called a yield plan, which illustrates how many lots can be developed on the property under conventional zoning. The yield plan shows 17 lots.
This property is comprised of 32 acres between Main Street to the northeast and Old North Road on the west. This land is mostly undeveloped except for two residences on the Main Street side and another on the Old North Road side. The applicant is proposing a condominium development on the Old North side of the property. This would allow for the preservation of large amounts of open space through the property. The two residences on the Main Street side would be maintained and some land around the residences would be set aside with a conservation restriction in perpetuity.
The condominium development will minimize the impact to the site. They would like the project to fit into the existing natural topography.
There is a calculation based on the yield plan and the amount of open space that is set aside which allows for “bonus units”. Based on this calculation, the applicant is proposing 19 units.
The roadway profile has been designed along with the existing topography allowing for minimal cuts and fills to construct the roadway which will reduce tree clearing.
Andy Horowitz, 12 Old North Road asked what kind of buffer will be put in place. Mr. Bussink explained that a landscaping budget has been specifically set aside for a buffer between the new development and the existing residences. Mr. Horowitz also asked what side of the road will the walkway be on. It was stated that it will be on the left side. He then cited concern for the narrowness of the road. He noted when the road was repaved it was narrowed and he is asking if the Town will be willing to improve the width of the road. Mr. D’Amelio stated that this is a question for the engineering consultant as well as the DPW.
Brian Flanagan, 14 Old North Road also cited concern for the narrowness of Old North Road.
Scott Golder, 19 Glendale Road questioned the impact this project would have to the neighboring wetlands. Mr. DiPersio stated that the plan was drawn up with consideration to the wetlands. Part of the final review will be on the storm water system and Mr. DiPersio noted that they must maintain the amount of runoff as closely as possible to the existing drainage patterns and conditions. Pre-existing runoff conditions will be analyzed and they must show after development that the conditions have not changed.
Harold Siminski of Smart Homes (the company that will potentially build the homes) spoke briefly about the type of home they will be building. These homes will utilize the most updated technologies, they are net zero energy modular homes. This means that this home will make as much energy as it uses during the course of a year. The homes will range in size from 1,200 to 1,700 square feet.
Linda Ghiloni, 99 Cottage Street, Director of Recreation explained that this is the third time that the Town has looked into purchasing this property and the third time it has paid to get the land appraised. She stated that t he Town is interested in this piece of land and would much prefer to preserve it as it is. Ms. Ghiloni asked if there is any public access to the projects open space. Mr. Bussink noted that it is required.
The Community Preservation Committee will be meeting on January 14th to discuss the purchase of the property.
Linda Smith, 15 Glendale Road stated that she is concerned for the wildlife that currently inhabits that area and she would like this to be considered. Ms. Burke does not believe that hunting will allowed on this land. Mr. Underwood suggested that this prohibition be added to the conservation restriction.
James Quinn, 8 Old North Road stated that every time that there is a project in the area the wetland area is increased. Mr. Quinn noted that there is an abandoned home behind his house and asked what the plan is for it. Mr. Mazmanian explained that it has always been the plan to renovate the home in its existing configuration.
Bob Rose, 38 Old North Road noted that this projects approval could be used as a bargaining tool to get Old North Road widened.
Ms. Burke asked whether or not the applicant is going to have access to the utilities on Old North Road as the road was paved within the last five years. Mr. Bussink stated that the abutter notices were mailed 10 Old North was unoccupied therefore they never received notification of the repaving. He realizes that the DPW will ultimately make the decision and he fully expects and understands that they will have to meet stringent requirements in order to be allowed access. Ms. Burke however has a letter from the DPW stating that they will not be able to access the utilities on the road until 2017.
Mr. Daigneault asked if the CPC has the funds to purchase the property. Ms. Burke stated there is a pot of money available and it should be sufficient.
Mr. Daigneault asked what the selling price of the units will be. Mr. Bussink said they will range from $250,000 to $450,000.
Once the developer submits a check to the Planning Director peer review will commence.
David Daigneault, seconded by Rodney Frias, made a motion to continue the public hearing for Old North Road to February 4, 2014 at 7:00 PM.
Vote: 5-0-0, Unanimous
Minutes
Tom Collins, seconded by Dirk Underwood, made a motion to accept the minutes of November 5, 2013, as written.
Vote: 4-0-1, Rodney Frias not voting.
Dirk Underwood, seconded by Rodney Frias, made a motion to accept the minutes of December 3, 2013, as written.
Vote: 3-0-2, David Daigneault and Tom Collins not voting.
Adjournment
Bob D’Amelio, seconded by Dirk Underwood, moved to adjourn at 8:30 PM.
Vote: 5-0-0, Unanimous
Document List January 7, 2014
Document |
Location |
Old North Road – OSRD Application |
Planning Office |
Minutes of November 5, 2013 |
Planning Office |
Minutes of December 3, 2013 |
Planning Office |
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
| 
