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Zoning Board of Appeals Minutes 02/12/2015
Minutes of Meeting— February 12, 2015
The Hudson Board of Appeals met in the Selectmen’s Hearing Room, 2nd Floor, Town Hall, Hudson, Massachusetts.  At 7:00 PM, Lawrence Norris called the meeting to order.
Present:        Lawrence Norris, Dorothy Risser, Darja Nevits, Todd Pietrasiak, Jason Mauro, Pamela Cooper and Teresa Vickery, Clerk.

Board Reorganization

When Joe Peznola resigned from the Board the position of Vice Chairman was left vacant.  The Board voted to fill this position.  

Darja Nevits, seconded by Dottie Risser made a motion to maintain the structure of the Board with Lawrence Norris as Chairman and Dorothy Risser as Clerk and nominated Todd Pietrasiak for Vice Chairman.  

Vote: 6-0-0, Unanimous

Petition 1058: 568 Main Street, Watershed Protection District
Present were:   Christopher Yates, Atty. at Law
                Robert Collings, Jr., Applicant
                Steven O’Connell, Andrews Survey & Engineering

Lawrence Norris convened the Public Hearing.

Dottie Risser read the Right of Appeal.

The applicant is seeking to construct a 2,500 foot new service/access road from Main Street in Hudson to a proposed museum building located at 137 Barton Road in Stow within the Watershed Protection District in the M-6 Industrial District.  

Atty. Yates explained that this plan has already been approved by the Planning Board and the Internal Traffic Committee.  The road is an allowed use in the district however the applicant is seeking a Special Permit as it is located in the Watershed Protection District (WPD).  The property is surrounded by many commercial and industrial buildings.  

Steve O’Connell stated that the road will be made up of three lanes.  The road is comprised of 20 feet wide of a recycled asphalt material.  To meet the 30 foot wide requirement they are proposing two five foot wide compacted gravel shoulders on either side of the street.  

Storm water will be conveyed over land in a sheet flow fashion, collected and conveyed by a grass swale into a large but shallow infiltration basin.  The storm water system has been reviewed and approved by the Planning Board as well as their consultant.  

The soil conditions in this area are exceptional.  They are sand and gravel with ground water depths in excess of ten feet.  Therefore this acts as an infiltration basin.  All storm water is contained and treated in accordance with current storm water management requirements set forth by the DEP.  

Mr. Norris asked that the snow storage plan is.  Mr. O’Connell explained that the facility will not be opened in the winter months.  The road will be open and accessible for emergency vehicles and access.  There is ample room along both shoulders of the road for the snow and when it melts it will be allowed to naturally flow into the storm water system just as it does when it rains.  

Mr. Pietrasiak would like a condition added to the approval which would not allow the use of salt on the road or any de-icing agents.  He also asked if there is a concern that in plowing the road some of the surfacing material will be pushed outside the limits of the road and that it will have to be regarded year after year.  Mr. O’Connell stated that they use this material in other parts of the existing site and it holds up very well.  The recycled asphalt pavement that is being proposed when installed correctly and during summer months has a lot of characteristic of hot mix asphalt.  Mr. Pietrasiak then asked if this mix leeches oil and if the proposed treatment has an oil/water separator.  Mr. O’Connell said that all DSS requirements are being met through the use of grass swales and sediment forebays and that pretreatment requirements are actually being exceeded.  

Mr. Pietrasiak asked why type of contaminate deliveries would be delivered and would they be brought to the facility through this road.  Mr. O’Connell noted that a trailer carrying 300 gallons of aviation fuel is brought in.  It will not being traveling down this proposed road as it comes from Minute Man Airport in Stow.  Mr. Pietrasiak asked about spill prevention measures and whether employees are trained in case of any spills.  

Mr. Pietrasiak also would like a condition of approval to be that no overflow parking be allowed on either side of the road.  

Ms. Risser asked what kind of pesticides and fertilizer will be used along the road.  Mr. O’Connell stated that they do not anticipate using either as the vegetation that will be used along the road and at the entrance to the site will be the existing forested vegetation.  There will be some mowing done during the growing season to allow access to the storm water facilities.  There will be no need for pesticides, fertilizers or irrigation.  

John Lage, 90 Hunter Avenue asked if the Board would consider not allowing any hazardous waste be carried along this road, mostly the large quantities of fuel.  Mr. Collings stated that the only large quantity of fuel that would be delivered would be heating fuel.  

Mary McGrath, 51 Hunter Avenue noted that the explosives are currently being brought to the site via Barton Road, which will most likely now be brought in through this new road.  She asked that this not be allowed.  Mr. Collings stated that the only explosives being brought in are 50 pounds of black powder which is delivered by UPS.  Atty. Yates stated that the address for the Foundation will be 568 Main Street Hudson.  Therefore it may be difficult to prohibit deliveries by UPS as this is the route that would be given by GPS.  

Mary Lage, 90 Hunter Avenue stated that she is against this project and explained why.  

Lawrence Norris, seconded by Dorothy Risser, made a motion to go into deliberative session.

Vote: 5-0-0, Jason Mauro not voting.

Mr. Pietrasiak restating the two conditions he had requested be added to the approval.  He also asked that the Board add another condition regarding having spill prevention measures on site and the employees must be trained to use them and also that no pesticides or contaminates be used along the road.  He then stated that restricting that fuel be brought in via this road is too restrictive as other residences or businesses in the area do not have this type of restraint.  

The Board agreed.  

Lawrence Norris, seconded by Todd Pietrasiak, moved to grant a Special Permit – Watershed Protection District under Section 3.3.10 to construct a new service road from Main Street in Hudson to a proposed museum building located at 137 Barton Road in Stow within the Watershed Protection District based on the following findings:
  • The Petitioner has standing to bring the Petition , and;
  • The subject property is located in the M-6 Industrial District, and;
  • The use is in harmony with the purpose and intent of this by-law and will promote the purposes of the Watershed Protection District as outlined in the project plans, and;
  • The use is appropriate to the natural topography, soils and other characteristics of the site to be developed, and ;
  • The use will not have an adverse environmental impact on any water body or course in the district or the existing water supply.  
And with the following conditions:
  • No salt or de-icing agent will be applied to the road.
  • No overflow parking on either side of the road at anytime.
  • Spill prevention measures capable of handling the largest delivery of contaminates must be available and all employees must be trained on how to use them.
  • No pesticides or fertilizers will be used on the vegetation along the approved road.
Vote: 5-0-0, Unanimous.  Jason Mauro not voting.

Lawrence Norris, seconded by Dorothy Risser, made a motion to come out of deliberative session.  

Vote: 5-0-0, Jason Mauro not voting.


Lawrence Norris, seconded by Todd Pietrasiak, made a motion to accept the minutes of January 8, 2015 as amended.

Vote: 6-0-0, Unanimous.


At 8:15 PM, Todd Pietrasiak seconded by Darja Nevits, moved to adjourn.

Vote: 6-0-0, Unanimous  

Document List February 12, 2015

Petition 1058 – Collings Foundation, Special Permit 3.3.10
Planning Office
Minutes of January 8, 2015
Planning Office