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Planning Board Minutes 11/17/15
Minutes of Meeting – November 17, 2015

The Hudson Planning Board met at the Town Hall, 78 Main Street, Hudson, Massachusetts.  
At 7:00 PM, Bob D’Amelio called the meeting to order.

Present:        Bob D’Amelio, Rodney Frias, Dirk Underwood, Tom Collins, David Daigneault and Teresa Vickery, Clerk.  



173 Washington Street, Site Plan Review, Saxon Partners
Present were:  Paul Giannetti, Atty. at Law
                     Jesse Johnson, Bohler Engineering
                     Brian Leahy, Saxon Partners
                     Heather Monticup, Traffic Engineer, GPI
                     Paula Thompson, Waterman Design Associates
                     Ron Müller, Ron Müller & Associates       

Mr. Johnson stated that the comments and questions from the last meeting as well as peer review comments have been addressed and the plans have been revised to reflect those changes.  The most significant design item comments were in regard to the entrance.  The entrance design most recently has been changed due to comments from the Town’s traffic engineer.  This design will deter traffic from taking a right into the site or a left out onto Washington Street.  

A path that will connect to the rail trail was added to the plans as well as a bike rack.  

Mr. Underwood asked if the sign height had changed.  Mr. Johnson stated that the he had brought the concerns to the corporate offices and they feel that as the by-law allows for signs up to 20 feet they will not be reducing the height as it fall within the regulation.  

All of the delivery truck traffic onto and out of the site will be via Giasson Street extension.     

Ms. Thompson discussed the retaining wall.  The retaining was is 10 feet from the property line and is approximately 14 feet at its highest point.  Her comment was that typically a geo-grid is added going back into the slope when a block wall is used.  Bohler was asked why type of wall they would be using.  A new product called “Redi-Rock” was specified on the plans as the type of material being used for the retaining wall.  The developer informed Ms. Thompson that the manufacturer says this can be installed up to 14 feet without geo-grid tie backs.  

Mr. D’Amelio stated that the developer will need to come back before the Board if for some reason this type of wall cannot be constructed and the type of material for the retaining wall needs to be changed.  

Ms. Thompson suggested that a condition be added that as per the developer’s operation maintenance plan that the contractor will manage the existing storm water detention basin during construction and McDonald’s will be responsible for all future maintenance of the detention basin.   

Mr. Müller reviewed the traffic study.  He stated that after reviewing the traffic study that GPI has prepared for this project.  He noted that the traffic counts had been conducted in March and there were very few pedestrians counted as would be directly correlated to the difficult winter we had.  The analysis of the intersection did not include a pedestrian phase therefore he is recommending that they revise their analysis to include this to see what affect this would have on traffic in this area.  

Mr. Müller did recommend some minor modifications to the entrance to the site, which were done.  He noted that the exit is as well defined to discourage one from taking a left turn out as possible.   

There is currently some overgrown vegetation around the detention basin which limits the sight line for vehicles attempting to make a right turn out of the site onto Washington Street.  He also recommends that a condition of approval be added that the vegetation be maintained to ensure clear sight line.  

The signalized intersection at Washington and Giasson Streets is not functioning in accordance in the approved signal plan.  A condition will be added that this intersection equipment will be inspected to ensure it is operating as designed.  

Rodney Frias, seconded by Dirk Underwood, made a motion to close the public hearing for 173 Washington Street.

Vote: 5-0-0, Unanimous.

Mr. D’Amelio stated that there will be a list of conditions along with the standard general set of conditions.  He would like a condition added regarding the tree clearing.  Before any trees are cut the clearing limit needs to be established and approved by the Planning Director as well as the erosion control plan.  

During construction full time inspection of the retaining wall shall be performed by the Towns peer review engineer.  

All underground utilities will require inspection by either the Town or WDA.

A waiver for the cutting of the road will be granted.  

Rodney Frias, seconded by Tom Collins, made a motion to approve the site plan for entitled :Fast Food Restaurant with Drive-Thru” as drawn by Bohler Engineering of Southoboro, MA dated September 15, 2015 and last revised November 13, 2015 with the following conditions:

  • A list of 24-hour emergency contact information must be provided to the Planning Director and the DPW at the pre-construction conference.
  • Hours of operation will be Monday through Saturday 7:00 a.m. to 5:00 p.m.  No work or operation of machinery may happen before 7:00 a.m. in accordance with the Town’s noise by-law or after 5:00 p.m.  Per the Massachusetts General Laws, work on Sundays and holidays need to be permitted on a case by case basis by the Chief of Police.
  • Prior to the commencement of authorized site activity, the Planning Board Office shall be given 48 hours written notice.  If the activity at the Project site ceases for longer than 30 days, 48  hour written notice shall be given to the Planning Board Office prior to restarting the work.
  • A copy of this Decision and al final approved Plans shall be kept at the Project Site.
  • Members of the Planning Board shall have the right to enter the Project Site and to gather all information, measurements, photographs or other materials needed to ensure compliance with this approval.  Members or agents of the Planning Board entering onto the Project Site for these purposes shall comply with all safety rules, regulations and directives of the Applicant or the Applicant’s contractors.  
  • The Planning Board’s erosion control plan as approved attached shall be adhered to and governed.   All erosion control shall be in place and approved by the Planning Director before construction begins.  Weekly erosion control reports shall be submitted to the DPW and the Planning Department no later than noontime on Fridays.
  • A final occupancy permit shall not be issued until an as-built plan indicating lot grading and drainage system BMP’s has been confirmed to be consistent with the approved plans to the Planning Director’s reasonable satisfaction.
  • If, during construction, a discrepancy is found between the approved plans and the existing regulations, the DPW, the Planning Director will be notified immediately.  The DPW will make the final decision on how to proceed or if they are unable to make any decision the matter will be referred back to the Planning Board for review.
  • A pre-construction conference shall be held prior to the commencement of construction, to include, at a minimum, the developer, engineer of record, the Planning Director, a representative of Waterman Design Associates (WDA), the DPW, the Police Department, and the Fire Department.  
  • The erosion control plan will indicate protection and maintenance of the detention basin during construction and cleaning of said basin at the conclusion of construction.
  • The developer will come back before the Planning Board if the proposed “Redi-Rock” retaining wall cannot be constructed and the material for the wall need to be changed.
  • Prior to any clearing the Erosion Control Barrier and the clearing limits must be staked and approved by the Planning Director.
  • There will be full time on-site inspection during all excavation and the installation of all underground utilities.  If the DPW is unable to provide the inspection, the Town’s consultant, WDA, will provide the services at the Developer’s cost.  A proposal for said services shall be provided to the Developer for review prior to the commencement of construction and performance of inspectional services.
  • There will be periodic unannounced inspections during construction of the retaining wall by the DPW.  IF the DPW is unable to provide these inspections, the Town’s consultant, WDA, will provide the service at the Developer’s cost.  A proposal for said services shall be provided to the Developer for review prior to the commencement of construction and performance of inspectional services.
  • Prior to the issuance of a building permit the developer will request and obtain a permit from the DPW to excavate a portion of Route 85 in order to install underground utilities.  
  • Prior to the issuance of a Certificate of Occupancy the traffic signal controller, coordination, and detection equipment at the intersection of Washington and Giasson Streets will be inspected and adjusted as necessary to ensure that the signal is operating as designed and approved.
  • The owner shall manage vegetation at the driveways to the site to ensure a clear line of sight for all vehicles entering or exiting the site.
Vote: 5-0-0, Unanimous

542 Main Street, Site Plan Review
Present were:   Christopher Yates, Atty. at Law
                      Scott Hayes, Foresite Engineering

Bob D’Amelio convened the public hearing.

Atty. Yates explained that 542 Main Street is currently a vacant lot located in the M6 district on the eastern side of Town.  This plan was approved approximately nine years ago however the approval has expired.  The proposal is to construct a 5,500 square foot commercial / industrial building.  The Internal Traffic Committee has approved these plans subject to a traffic review.  

Scott Hayes briefly reviewed the plans.  The lot is approximately 39,000 square feet and is undeveloped, flat and wooded these characteristics make this site relatively easy to design.  The building, which is 5,500 square feet, will have 4,500 square feet of manufacturing space and the remaining 1,000 feet will be for office space.  The access drive to Main Street is 30 feet wide, the parking lot is at the side of the building and the loading dock is at the back.  Storm water from the parking lot will be collected by a system which will remove oil and sediment before discharging it into the infiltration bed at the rear of the building.  The site will utilize municipal water and gas is available on Main Street which they will connect to.  

Esmat Ezzat, 35 Hummock Way asked what the results of the traffic study were.  MR. D’Amelio explained that the study has not been reviewed by the Town’s consultants yet.  

Electra Coumou, 48 Hummock Way asked about the landscaping designs.  Mr. Hayes stated that no formal plans have been drawn up yet.

Nancy Sooper, 13 Hummock Way asked what will be done with the vacant buildings along Main Street in this area.  Atty. Yates explained that those buildings are not owned by the applicant.  

Eugenia Pavloglou, 25 Hummock Way asked how decisions can be made without knowing what type of business will occupy the building. Mr. D’Amelio noted that parking will be determined by the square footage of the building and other determinations will be made by the building inspector.  Atty. Yates noted that they did meet with residents of Sauta Farm and agreed not to put up any neon signs at the site.  

David Sheehan, 28 Hummock Way noted that these traffic issues have been ongoing concerns for the residents of Sauta Farm.  

Mr. Müller stated that different types of industrial uses and each of these categories generate different traffic patterns and characteristics.  

Rodney Frias, seconded by Dirk Underwood, made a motion to continue the public hearing for 542 Main Street to December 15, 2015 at 7:00 PM.

Vote: 5-0-0, Unanimous

ANR, Priest Street
Present was:    Thomas DiPersio, Thomas DiPersio & Associates

Mr. DiPersio explained that there are two parcels that the property owner is proposing to divide into four separate lots.  The property is located in the SB zoning district which requires 100 feet of frontage and 15,000 square feet of area.  All four lots conform to these requirements.

Rodney Frias, seconded by Dirk Underwood, made a motion to accept the plan entitled “Plan of Land in Hudson” as drawn by Thomas DiPersio, Jr. & Associates of Marlborough, MA dated November 2, 2015 and Authorize the Agent to sign.

Vote: 5-0-0, Unanimous

Mr. Frias left the meeting.

Brigham Hill III, Bond Release Request
Present were:     Niel Fossile, Ashbury Realty Trust
                        Linda DiLiddo, Ashbury Realty Trust
                        Michael Norris, Atty. at Law
                        Thomas DiPersio, Thomas DiPersio & Associates

Mr. D’Amelio reviewed the request and saw that the road has not been cored yet.  He stated that without core test results he cannot release any funds.  Ms. DiLiddo stated that the DPW was on site during the paving therefore she does not understand why they want a core test done.  

Ultimately the Board decided that Mr. D’Amelio would meet with DPW and the Planning Director to review the check list.  This will be reviewed at the Board’s meeting of December 15, 2015.  


Brigham Hill III, Rail Trail Easement
Present were:     Niel Fossile, Ashbury Realty Trust
                        Linda DiLiddo, Ashbury Realty Trust
                        Michael Norris, Atty. at Law
                        Thomas DiPersio, Thomas DiPersio & Associates

Mr. D’Amelio explained that the Board is not inclined to allow the applicant to eliminate the easement.  Mr. Fossile stated that he is not saying he does not want to build the easement.  He stated that he has every intention of building the easement to the rail trail.  He is asking for the Board’s input regarding this issue.  There seems that there was a misunderstanding.

Denise Reid, 8 Brentonwood Road stated that she had walked the property with Jack Hunter.  Her concern is that this easement is not going to be built.  Mr. D’Amelio stated that this is a misunderstanding and an easement will be built.   

There was a lengthy discussion regarding where the easement could be located.  Many issues were brought up during the discussion and ultimately it was decided that no decisions would be made until a meeting takes place with all interested parties.  The Board will take this up at its next meeting of December 15, 2015.

Minutes

Dirk Underwood, seconded by David Daigneault, made a motion to accept the minutes of October 20, 2015, as written.

Vote: 4-0-0, Unanimous

Adjournment

Dirk Underwood, seconded by David Daigneault, moved to adjourn at 9:20 PM.

Vote: 4-0-0, Unanimous


Document List November 17, 2015

Documents
Location
Form A – Priest Street
Planning Office
542 Main Street, Site Plan Review Application & Plans
Planning Office
Brigham Hill III Bond Reduction Request
Planning Office
Brigham Hill III Rail Trail Easement Letter – Multiple email from abutters
Planning Office
Planning Board schedule for 2016
Planning Office
Minutes October 20, 2015
Planning Office


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