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Zoning Board of Appeals Minutes 04/25/13
Minutes of Meeting— April 25, 2013
The Hudson Board of Appeals met at the Hudson Senior Center, Hudson, Massachusetts.  At 7:00 PM, Lawrence Norris called the meeting to order.
Present:        Lawrence Norris, Jill Schafer, Christopher Tibbals, Dorothy Risser, Todd Pietrasiak, Christopher Tibbals, Aldo Cipriano, Town Counsel, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.

Petition 1036: Cabot Road, Comprehensive Permit, Cont.
Present were:   Paul Giannetti, Atty. at Law
                Paul Feldman, Atty. at Law
                Joseph D. Lynch, Senior VP, Conroy Development Corp.
                James J. Devellis, Engineer, Devellis Zrein, Inc.
                Catherine Martin, Landscape Architect, Devellis Zrein, Inc.
Senior Associate Landscape Architect Catherine Martin, RLA
The Board has been furnished by a set of proposed conditions with findings from the applicant for their review.~ Atty. Cipriano stated that the decision is in acceptable legal form subject to the administrative review of the Board.~ Atty. Cipriano has consulted with Atty. Feldman and the words “in perpetuity” will be added to all clauses regarding the 44 affordable units as it is to the benefit of the Town that these units remain affordable. He also noted that in Section 16 of the decision as it relates to private ways in perpetuity that the following phrase be added after the word perpetuity…”and not be subject to any future benefit as private ways in public use”.~ Mr. Peznola cautioned the applicant that the conversion of the project to “for sale” would require a modification from the Board.~
Atty. Feldman stated that a preferential program for Hudson residents has been requested and the applicant is waiting on approval from Mass Housing.~ Mr. Peznola agrees that this needs to be considered.~
Atty. Feldman asked that the Board be able to let the applicant know whether there are any other comments this evening, if not he would like to be able to bring a full set of revised construction drawings to the Board at its next meeting.~ Mr. Peznola stated that he would like the Board to review a full set of construction drawings approximately 40 day before work begins so they can check for consistency. ~He stated the high level of detail as well as the magnitude of the project as reasons this would be necessary.
Mr. Peznola would like that an additional inspector be brought in as a consultant to help the inspections department with this project.~
Mr. Lynch has been working to finalize the agreement with Wal-Mart for the emergency exit easement.~ The feedback from Wal-Mart is positive; the representative is simply waiting for the go ahead from the corporate office.
Mr. Lynch reviewed the carports with the Board.~ The dimensions of the ports have been widened to 18’ X 18.6’ which will allow for two cars per section.~ The ports are sectioned off by support beams.~ There is a two foot overhang from the roof.~ Snow plowing of the carports will be done by small bobcats and will be coordinated with the tenants.~ There is no lighting in the car ports.~
Mr. Devellis informed the Board that the emergency access through Wal-Mart has been moved to the other side of the site and will be re-graded to allow easy access for emergency vehicles.~ The community garden as well as the community center, pool and play area have all been relocated closer to the entrance to the site which is more central to all residents.~ ~
Grading, piping, catch basins and detention basins have all been added to the plans.~ The storm water management system has been upgraded and is shown on the plans.~ The fire hydrants have also been included in the plans.~
Ms. Martin reviewed the landscaping plan with the Board.~ The concept of the plan is to embrace the woodlands that surround the site and capitalize on the views from the woods.~ They have created a landscape hierarchy starting from the woodlands and moving in towards the facades of the buildings.~ Maples, oaks and honey locus trees will be planted starting from the woodlands and moving in towards the buildings.~ They will work with the scale of the site to enhance the surrounding perimeter of the site as well as the parking areas.~ The next level of the site will be the ornamental trees.~ The shrub layer will be closest to the facades of the buildings, which enhance the entrances to the buildings.~ Then the ground plain will have a layer of perennial flowers and plants will be added closest to the structure,  The grass layer will tie the entire concept together.~
Mr. Norris stated that he would like all the utilities to be underground and wants this included as a condition of approval.~ Ms. Burke suggested that the applicant contact Jim Kennedy at Light & Power.~ ~~
Atty. Feldman is requesting that the Town waive the sewer fees on the affordable units.~ Mr. Peznola explained that his would waiver would need to be reviewed by the DPW Director Tony Marques.
Ms. Burke stated that the Board and the applicant are in receipt of a letter from the director of the senior center, Janice Long dated April 17, 2013.~ In this letter she requests that the applicant pay the Council on Aging a fee of $10,000 annually for the increased amount of service this will add to the currently overtaxed senior center bus.~ Atty. Feldman regretfully said that the project cannot financially incur this extra expense and stated that they could not accept the request.~
Ms. Burke informed the Board and the applicant that the next scheduled Board meeting is on May 9, 2013 however the 180 day cutoff is on the 8th of May.~ She requested that the applicant submit a letter to her acknowledging and agreeing to the extension.~ Atty. Giannetti agreed to furnish this letter to Ms. Burke before the Board’s next meeting.~
Mr. Norris would like the draft decision to be distributed to all department heads for their review.~ The Board will then discuss the comments at the next meeting.

Lawrence Norris, seconded by Dorothy Risser, made a motion to continue the public hearing for Cabot Road until May 9, 2013 at 7:00 PM.

Vote: 6-0-0, Unanimous


At 8:10 PM, Lawrence Norris, seconded by Dorothy Risser, moved to adjourn.

Vote: 6-0-0, Unanimous  

Document List April 25, 2013

Letter from Janice Long
Planning Office