Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— January 13, 2005 page 1
Minutes of Meeting— January 13, 2005
The Hudson Board of Appeals met in the Selectmen’s Hearing Room, Town Hall, Hudson, Massachusetts. At 7:30 p.m., Chairman Lawrence Norris called the meeting to order.
Present: Lawrence Norris, Alan Herzog, Darja Nevits, James Smith, Tony Pinto, Joseph Peznola – arrived at 8:00 p.m.
Jennifer Burke, Town Planner
Planner’s Report
Mr. Norris reviewed an interest card from Dottie Risser for an Associate Member position.
Joe Peznola, seconded by Tony Pinto, to ask the Selectmen to appoint Dottie Risser to Associate Member effective February 1, 2005.
Vote: 5-0-0, Unanimous
Petition 2005-1: Kane Industrial Drive, Lot 1
Present: Christopher Yates, Atty. at Law, Scott Hayes, Foresite Engineering
Kathy Kane Adams
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Norris read into the record a letter from the DPW stating that they had no objection. He also read a letter from the Board of Health. The Board of Health expressed general concern and asked that only non polluting uses be allowed.
Atty. Yates reviewed the petition with the Board. The applicant would like to construct a 5,500 square foot office building in the Watershed Protection District. The use is allowed in the underlying district. The lot is relatively flat and the construction should have no adverse affect on the WPD. The drainage report confirms that there will be no adverse affect.
Mr. Norris asked what the use will be. He was told there was no tenant yet and any specific use would be purely speculative. Mr. Norris noted that a variance does exist on the lot from 2 years ago.
Mr. Hayes noted that they meet the recharge requirement as outlined in the by-law.
There was no input from the public.
James Smith, seconded by Alan Herzog, moved to enter deliberative session.
Vote: 5-0-0, Unanimous
Lawrence Norris, seconded by James Smith, moved to approve Petition 2005-1 and to grant a Special Permit under Section 3.3.10 Watershed Protection District, to allow for the construction of a 5,500 square foot one story office/industrial building, 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 applicant has submitted to and received all the necessary approvals from the Planning Board, and;
The use is in harmony with the purpose and intent of this by-law and will promote the purpose of the WPD, and;
The use is appropriate to the natural topography, soils, and other characteristics of the site to be developed, and;
The use will not, during construction or thereafter, have an adverse environmental impact on any water body or course in the district, and;
The use will not adversely affect an existing or potential water supply, and;
The use will not have any impact on the traffic patterns in the area.
Vote: 5-0-0, Unanimous
James Smith, seconded by Alan Herzog, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous
Petition 2005-2: 29 Loring Street
Present: Sue Sullivan, Zanca Land Surveyors and Paul Braza, Stonegate Realty Trust
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Ms. Sullivan presented the petition to the Board. The applicant would like to demolish the existing home, which is in disrepair and replace it with a larger home. The use will remain the same. Mr. Norris asked if the elevations will be the same. Ms. Sullivan showed the Board an elevation drawing of the proposed structure.
Each unit has to have separate sewer and water connections per the DPW.
Tony Fontas, 13 Cornish Drive, asked if this will be a duplex. He was told yes. He also asked about the trees that are impeding on his property. The applicant stated that he would work with the abutter in removing the trees.
James Smith, seconded by Tony Pinto, moved to enter deliberative session.
Vote: 5-0-0, Unanimous
Lawrence Norris, seconded by Darja Nevits, moved that Petition 2005-2 be approved as presented as it falls within the guidelines of Section 5.1.6.3 and does not require a Special Permit or Variance.
Vote: 5-0-0, Unanimous
Lawrence Norris, seconded by James Smith, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous
Petition 2005-3: 75-77 Manning Street
Present: Anna Tary, & Michael Caton, Atty. at Law
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Atty. Caton presented the petition to the Board. The existing structure is a two family and the applicant would like construct a third unit in the existing top floor. Atty. Caton noted that exterior of the building will not change. The only change will be a second egress over the existing porch. He noted that the surrounding area is multi family and this use would not derogate from the by-law.
Mr. Norris explained that under section 5.1.6.1 once the use is change it can not be changed again. He asked where the primary access would be. Ms. Tary noted that the access is in the rear. Mr. Norris also asked about the parking plan. He noted that 8 spaces will be required. Ms. Tary reviewed a proposed plan. Atty. Caton asked to continue for one month to get better plans to the Board.
Mr. Peznola noted that the Board does not liked stacked parking. He also stated that while owner occupation is not required, he would be looking for a condition to require owner occupation. Atty. Caton expressed concern regarding the duration of that condition. Mr. Peznola explained that the purpose of the condition would be to prevent having an absentee landlord. He noted that in other sections of the by-law, an increase from single family to two family requires owner occupation and this situation increases the unit size.
James Smith, seconded by Tony Pinto, moved to continued Petition 2005-3 until February 10, 2005 at 7:30 p.m.
Vote: 5-0-0, Unanimous
Minutes
Alan Herzog, seconded by James Smith, moved to approve the minutes of December 21, 2004 as written.
Vote: 4-0-2, Joe Peznola and Tony Pinto abstaining
Adjournment:
At 8:35 p.m., James Smith, seconded by Darja Nevits, moved to adjourn.
Vote: 5-0-0, Unanimous.
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