Minutes of Meeting – January 05, 2016
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, Tom Collins, Dirk Underwood, David Daigneault Jack Hunter, Director, Kristina Johnson, Assistant Director and Teresa Vickery, Clerk.
304 Cox Street, Site Plan Review
Bob D’Amelio convened the public hearing.
The Board is in receipt of an email from Mr. Agnaldo Santos (applicant) dated January 1, 2016 requesting a continuance to the Board’s meeting of January 19, 2016.
Rodney Frias, seconded by Dirk Underwood, made a motion to continue the public hearing for 304 Cox Street until February 2, 2016 at 7:00 PM.
Vote: 5-0-0, Unanimous
542 Main Street, Site Plan Review, Continued
Present were: Scott Hayes, Foresite Engineering
Kevin Santos, Atty. at Law
Christopher Yates, Atty. at Law
Mr. Hayes stated that revised plans have been submitted to the Board. These plans reflect the comments from Ron Müller, the Town’s traffic engineer. As per his comments the location of the access drive has been relocated opposite from the Sauta Farms driveway. The main entrance of the building had been moved to the side of the building. The radii of the curb roundings at Main Street have been increased. Parking and snow storage areas have also been reconfigured.
A condition of approval stating that the applicant will trim the vegetation to maintain a sight distance at the driveway in both directions of 445 feet will be added to the decision.
Esmat Ezzat, 35 Hummock Way (representing Sauta Farms) stated that she and the residents of Sauta Farms are still very concerned. She noted that their high end condominium complex will now be located in a very industrial area. She asked why the Town allowed condos in an industrial area.
Mr. D’Amelio stated that the industrial building is an allowed use in that area under the Town’s zoning. Mr. Hunter further explained that Hudson has pyramid zoning. This is a type of zoning in which residential use is the most restrictive and industrial is the most liberal. The way pyramid zoning works is that anything that is allowed in a lesser use is also allowed in the upper use. Mr. Hunter believes that this is what has happened here.
Mr. D’Amelio stated that the traffic study was done for the use that was requested which was industrial. One of the conditions will limit the occupancy of the building to an industrial use building. The use triggers a number of trips entering and exiting the site daily. Atty. Santos stated that it should be any allowable use within the district should be allowed. Mr. Hunter explained that Mr. Müller employed the standard ITE journal and used 4,000 square feet of industrial space to calculate the trips generated onto and off of the site daily, which is 38 trips per day.
Atty. Yates asked if the Board has sought an opinion from Town Counsel as to whether the Planning Board has the ability to restrict the use. He cited that the SJC has case law stating this is not in the prevue of the planning board to restrict use. Mr. D’Amelio stated that the Board is not restricting the use they are simply asking that if the use is changed the applicant would need to come back before the Board. Atty. Yates said that the applicant is only asking for what is allowed by right.
Mr. Hunter stated that if the use had been different the outcome of the traffic study would have changed.
Mr. Daigneault stated that applicant should be allowed to use the building for any allowed use in the district. He also noted that Sauta Farms does have an alternate entrance / exit on Brook Street.
Tom Green, 2 Gately Avenue suggested that the study be done to include the use that would generate the most traffic which would most likely be retail.
Ms. Johnson stated that it is in not a question of restricting the use. She explained that pyramid zoning is tricky in that it is cumulative (least impactful to most impactful). She believes that the Board wants to understand the possible impacts of the use and condition those impacts appropriately not restrict any uses.
Mr. Hunter stated that the Board has the right to reasonably regulate. Atty. Yates agreed but noted that not when it relates to use.
The hearing was recessed to allow the applicant to confer with her Attorney.
The hearing reconvened after a 10 minute recess.
Atty. Yates conferred with his client and is proposing they would not have to come back before the Board so long as the trip count per day would not exceed 60 vehicles. Mr. Hunter suggested that they add that it be pursuant to the ITE trip generation rates.
The Board agreed.
Rodney Frias, seconded by Dirk Underwood, made a motion to close the public hearing for 542 Main Street.
Vote: 5-0-0, Unanimous
Rodney Frias, seconded by Dirk Underwood, made a motion to approve the plan entitled “Site Development Plan 542 Main Street, Hudson, MA 01749” as drawn by Foresite Engineering of Stow, MA last revised December 17, 2015 and authorize the Agent to Sign 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 all 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 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 and 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, a member of the Planning Department, the DPW, the Police Department and the Fire Department.
- The Applicant will trim the vegetation at the driveway and the Town Right of Way to achieve a proper sight distance in both directions of 445 feet within the Town’s right of way.
- The applicant will appear before the Board if any change in the buildings use increased the number of trips generated per day to be 60 or greater as per the ITE trip generation rates.
Vote: 5-0-0, Unanimous
ANR – 23 Priest Street
Present was: Thomas DiPersio, Jr., Thomas DiPersio, Jr. & Associates
Mr. DiPersio explained that this plan is part of a Form A that the Board accepted at its last meeting. The Board has already signed the plan that created lots 1, 2, 3 & 4. This plan will supersede that previously signed plan. This plan will create lots 5, 6 & 7. Each lot has the required frontage and area.
Mr. Daigneault noted that he does not feel that these lots do not meet the intent of the zoning. Mr. D’Amelio agreed.
Rodney Frias, seconded by Tom Collins, moved to accept the plan entitled “Plan of Land in Hudson, MA” as drawn by Thomas DiPersio, Jr. & Associated, Inc. of Marlborough, MA, dated December 18, 2015 and authorize the Agent to Sign.
Vote: 3-2-0, Mr. D’Amelio and Mr. Daigneault opposed.
Public Hearing: Community Development Strategy – 2016 CDBG
Present were: Jennifer Erikson, MAPC
Jennifer Raitt, MAPC
Frank Noyes, Resident
Thomas DiPersio, Resident
Kathleen Adams, Resident
Sarah Cressy, Resident
Peter Kasseris, Resident
Karim El-Gamal, Resident
Esmat Ezzat, Resident
Thomas Green, Resident
Michael Kasseris, Resident
Mr. D’Amelio convened the public hearing.
Handouts
- Agenda
- Target Area Maps
- Community Development Strategy DRAFT
- Detailed descriptions of Child Care Voucher Program & Housing Rehab Program
Mr. Hunter explained that Hudson is going to partner with the City of Marlborough for a Community Development Block Grant (CDBG) proposal. The Metropolitan Area Planning Council (MAPC) will be writing the grant. These grants give communities grant money in income qualified areas to income qualified homeowners / applicants to use the funds to improve their quality of life. One of the obligations is to hold a public hearing regarding the Town’s Community Development Strategy.
The block grant target area includes parts of Washington Street, Main Street, South Street. There are parts of this area have been designated by the State as blighted which makes it automatically qualified.
The Town will be applying for three programs. One is a housing rehabilitation program this program allows low and moderate income (80% or less of area median incomes) households to obtain no interest deferred loans to improve their household and bring it up to code. The second program is a child care voucher program. This program is available to low or moderate income families to assist with day care provided that child care is used only while they are at work, school or looking for a job. The last program is for an infrastructure project specific to South Street. This will includes an emphasis on streetscape improvements including sidewalks, benches, lighting and other appurtenances.
Community Development Strategy - The Community Development Strategy (CDS) is an annual planning document – like an abridged Master Plan – that dovetails with our Capital Plan. It is a document which summarizes various Town planning documents, and outlines a plan of action intended to accomplish specific community development goals. It must be 7 pages in length, maximum, & must show the needs of the community, what direction we are moving in. Each activity included in a CDBG application must relate to and be reflected in the Strategy. Both the hearing & the CDS are prerequisites for the CDBG application.
Ms. Erikson stated that Tuesday, January 12, 2016 is the deadline to submit the finalized Community Development Strategy to the Department of Housing and Community Development (HUD). The full application is due on February 12, 2016. There will be a joint hearing held in Marlborough (as they are the lead community) on January 28, 2016 at 8:45 AM. The final full joint application will be presented at this meeting. Grant awards will be made by July 1, 2016.
MAPC is proposing that two positions be created through this grant (18 % of the funds will be used for the administration of the programs). These positions would be supervised by the Marlborough Community Development Authority of which Doug Bushman is the executive director. As the lead community Marlborough will be responsible for the administration of the grant, which means following all the appropriate CDBG and HUD rules and regulations. They will ensure that the grant is not only administered properly and correctly but also that the monies be expended within the given timeframe and ensure that the funds are allocated appropriately for each community for the program activities outlined in the application.
The grant request is for the maximum amount allowed which is one million dollars. Each community will expend $200,000 towards their projects, administration costs will be $180,000. This leaves a remainder of $420,000 to be used for the child care vouchers program and the housing rehab program. The child care vouchers can be anywhere between $2,000 to $5,000 per eligible family (10 per community) and the rehab program is $30,000 per eligible family (approximately 5 homes per community). The child care vouchers can only go to licensed child care providers.
The goal is to design and ultimately implement a successful program in both communities which could then put Hudson in a position to gain access to future block grants and other types of grants. Ms. Raitt stated that it is favorable to submit a joint application to leverage the joint capacity between the two communities and also to demonstrate to the state that you are able to utilize those funds in ways that meet the program requirements.
Ms. Raitt explained that a section of the community development strategy would outline how outreach will be done for each program. Mr. D’Amelio asked how eligible families are chosen to participate. Ms. Raitt explained that the program is conducted on a first come first serve basis, however this is a very extensive vetting process.
Mr. Daigneault asked what the period of time will be for the monies to be spent. Mr. Hunter stated that it is July 2016 to December 2017.
Karim El-Gamal, 8 Plant Avenue spoke in favor of the South Street infrastructure project. He noted that he is the owner of the Rail Trail Flatbread Company and New City Mirco-Creamery. He cited safety and accessibility as reasons he supports this project.
Frank Noyes, 22 Kent Drive noted that he is a board member of Hudson’s ADA Committee. He also spoke in favor of the rehab project on South Street and said he will submit a support letter from the Committee.
Rodney Frias, seconded by David Daigneault, made a motion to close the public hearing.
Vote: 5-0-0, Unanimous
Planner’s Update
Complete Streets
Mr. Hunter updated the Board regarding the complete streets program which was voted on at town meeting in May. A policy is being drafted with the Board of Health which he will present at the Board’s next meeting.
C-1 Zoning
Mr. Hunter is hoping to hold an official public hearing in April on updating the C-1 Zoning.
Brigham Hill Estates
Mr. Hunter will be visiting the site next Wednesday. He feels that a resolution to the issues is close. All the as-builts for each lot have been submitted to him. The design for the access easement has not yet been submitted to Mr. Hunter.
Minutes
Bob D’Amelio, seconded by Tom Collins, made a motion to accept the minutes of December 15, 2015, as written.
Vote: 4-0-1, Dirk Underwood not voting.
Adjournment
Rodney Frias, seconded by David Daigneault, moved to adjourn at 8:45 PM.
Vote: 5-0-0, Unanimous
Document List January 5, 2016
Documents |
Location |
Email Mr. Agnaldo Santos requesting a continuance dated 01/01/16 |
Planning Office |
Updated plans for 542 Main Street |
Planning Office |
Form A – 23 Priest Street |
Planning Office |
Community Development Strategy – Draft |
Planning Office |
Minutes December 15, 2015 |
Planning Office |
Cc: Town Clerk
Department of Public Works
Jeff Wood, Building Commissioner
| 
