Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— February 10, 2005 page 1
Minutes of Meeting— February 10, 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, Dorothy Risser
Jennifer Burke, Town Planner
Planner’s Report
James Reilly was present to present his proposal to the Board. Mr. Norris reviewed the intent of the permit with Mr. Reilly. Mr. Reilly will be buying parts cars and having them stripped. The marketable parts will be removed and a hauler will move the cars immediately. There will be no storage of vehicles outside. There are floor drains in the space but it is plugged and all the waste can be dealt with above the concrete. Engine and transmission work is not part of the business. It is expected to be a clean operation. Chief Dusseault was present to ask some questions. He indicated that it was his understanding that this would be an expansion of the Special Permit and expressed concern that the fire suppression system was not able to handle the additional automotive use.
He would also like to know what type of solvents and liquids will be used to determine if they would be considered hazardous waste. He asked if open flames would be used. Mr. Reilly indicated that he would not. The issue of cars queuing before being brought inside was brought up. Mr. Reilly indicated that he would have two parking spaces according to his lease and was hoping that maybe one could be used to queue cars. Mr. Norris indicated that the Board should think about what they have heard and Mr. Reilly should check back with the Town Planner on Tuesday to determine how to proceed.
Ms. Burke presented a draft support letter for the Town’s CDBG application and asked the Board to authorize the Chairman to sign the letter.
Joe Peznola, seconded by James Smith, made a motion to authorize the Chairman to sign a support letter from the ZBA for the Town’s CDBG application.
Vote: 7-0-0, Unanimous
Petition 2005-3: 75-77 Manning Street
Present: Anna Tary
Ms. Tary presented new plans to the Board. There is now a staircase inside from the second floor to the third floor. This will be the primary entrance, which eliminated the need for an additional staircase outside. The new plans show the third floor floorplan and a parking layout. Mr. Norris noted that there was no stacked parking shown and he appreciated that. Mr. Peznola agreed that the parking plan was OK.
There was no input from the public.
Joe Peznola, seconded by James Smith, moved to enter deliberative session.
Vote: 5-0-0, Unanimous
Joe Peznola, seconded by Lawrence Norris, moved to approve Petition 2005-3 and to grant a Special Permit under Section 5.1.6.1, to allow for the expansion of a pre existing non-conforming use by changing a two family house into a three family house as shown on the plans by Cory Associates dated January 25, 2005 and the Mortgage Inspection Plan showing the parking layout dated March 11, 2002, based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the SB Single Family District, and;
The use will not have an adverse effect on present and future dwellings in the vicinity in that many of the surrounding building are already multiple family dwellings, and;
The use will not create traffic hazards or volume greater than the capacity of the streets effected, and;
The applicant has provided suitable parking for three dwelling units.
And with the following condition:
That one unit will remain owner occupied.
Vote: 5-0-0, Unanimous (Darja Nevits & Dottie Risser not voting)
James Smith, seconded by Alan Herzog, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous
Lawrence Norris recused himself from the Board.
Petition 2005-4: 108 Causeway Street
Present: Mark & Barbara Savell
Antonio Pinto convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. & Mrs. Savell presented his petition to the Board. They would like to build a family room and a deck off the side of their house. A paper street abuts the side of their lot; therefore, they are required to meet the front yard setbacks.
Mr. Pinto noted the findings needed to meet to grant a variance. He asked the applicants to prove meeting the findings. Mr. Savell indicated that because this is a corner lot the requirement is 30 feet. If the normal setbacks were in place it would be 10 feet and they would have more land to work with. Currently they use the area in question as yard and cannot see a substantial detriment to the public good.
Mr. Peznola read the Staff Report into the record. He noted the concern that if the paper street was ever constructed there could be a detriment. The Savells proved a plot plan showing the original subdivision. Mr. Norris, 9 Lower Road, stated that Mackintosh Road was put in place at DPW’s request for plow, truck, etc turnaround. He noted that the chances of Mackintosh being built were slim to none. He noted that the Board granted a similar variance across the street.
Paul McMasters, 106 Causeway Street, stated his agreement that the street would never get built and spoke in support of the petition.
Ms. Risser asked about the driveway location. The Savells were indicated that the driveway has always been in the same location. Ms. Risser noted that the Planning Board usually requires driveway to be off “improved “ street. Mr. Peznola noted that in the current proposal vehicles will be parked on the paper street regularly thus negating other’s rights to pass and repass. He asked if other scenarios had been investigated. The Savells indicated that they did and this scenario works best.
Mr. Pinto asked how the applicant determined this was not a self imposed hardship. The Savells indicated that they did know about the location of the paper street but were not clear on the exact limitations at the time.
Mr. Peznola reviewed for the applicants their options at this time. The applicants asked the Board for a withdrawal without prejudice.
James Smith, seconded by Alan Herzog, moved to allow the Applicant for Petition 2005-4 to withdraw without prejudice.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Lawrence Norris returned to the Board.
Petition 2005-5: 49A Lincoln Street
Present: Christopher Yates, Atty. at Law
Ron Young & Mark O’Connell, Boys & Girls Club
Michael Girard
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Yates presented the petition to the Board. The Applicant wishes to sell to Dr. Girard to be converted to office space. A four unit office building is proposed with 27 parking spaces. A small addition including an elevator is also proposed.
Mr. Yates reviewed in his opinion what buildings in town would be covered under this by-law. Mr. Norris questioned the timing. He noted that the building was sold and in use before Town Meeting approved the warrant article. Mr. Yates argued that the by-law states that “former municipal building “ can be converted and this is a former municipal building. He passed out case law stating that ZBA’s cannot supply omissions in by-laws. By-laws must be interpreted as enacted.
Ms. Risser noted that the original Town Meeting vote added the words “former municipal building” on Town Meeting floor. She also noted that the other buildings noted by Atty. Yates are in Commercial Districts. This property is somewhat unique.
Atty. Yates stated the proposal will enhance the neighborhood. The plans will bring parking spaces up to code, landscape the area and clean up the building. The average traffic amount will be less because it will be spread out and reduce the in and out all day.
Mr. Norris asked about signage. Atty. Yates indicated that he represents the seller is no aware of what signage is proposed. Mr. Norris asked about the width of the right of way. There is no set width but it is unlikely to be diminished. Ms. Risser asked about maintenance. She was told that now it is the responsibility of the current owner and that would probably continue.
Richard DiCeiro, 70 Felton Street, stated that he felt the petition did not meet the by-law requirements. He noted that other municipal building converted have been converted to residential. He noted that he owns the property immediately abutting the rear and does have a problem when the back of the building is maintained. He said that the petition indicated 62 patient trips per day for Dr. Girard’s office. He noted that that number would be multiplied by 4 with 4 different offices. Atty. Yates said that Dr. Girard may take the whole second floor which would limit the vehicle trips. He asked if the property had a septic system. Atty. Yates indicated that a Title V certificate has been issued on the property.
Kevin Santos, 136-138 Apsley Street, spoke in favor of the project. He noted that the traffic was not a concern when there were children on site and therefore, should not be a major concern now.
Mr. Peznola noted that the structure is a legal non-conforming structure. The existing building does not meet the setback requirements. The Applicant is looking to expand and would likely require a Special Permit under 5.1.6.2. He noted that the Board had advertised in a manner that would allow the Special Permit to be added.
Mr. Peznola also asked about Site Plan Review. Atty. Yates indicated that he determined that Site Plan Review was not necessary, as this project does not include any of the triggers. Mr. Peznola indicated his concern with regard to the parking lot design and asked the applicant to consider more green space. Ms. Burke stated that she had asked the Applicant to go through the Site Plan Review process and he chose not to.
Don Garcia, Chairman of the Economic Development Commission, spoke in support of the project and noted that this would be a good use of the building.
Alan Herzog, seconded by James Smith, moved to enter deliberative session.
Vote: 5-0-0, Unanimous
Lawrence Norris, seconded by James Smith, moved to approve Petition 2005-5 and to grant a Special Permit under Section 5.2.3.1 j, to allow for the conversion of the existing structure into a four unit office building as shown on the plan entitled “Existing Conditions and Proposed Site Plan” as drawn by Consolidated Design Group and dated December 17, 2004, based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the SB Single Family District, and;
The use will not have an adverse effect on present and future dwellings in the vicinity in that the Applicant proposed to add additional landscaping and clean up the building and site, and;
The use will not create traffic hazards or volume greater than the capacity of the streets effected.
Vote: 4-1-0, with Antonio Pinto opposed (Darja Nevits & Dottie Risser not voting)
Joe Peznola, seconded by James Smith, moved to approve Petition 2005-5 and to grant a Special Permit under Section 5.1.6.2, to allow for the expansion of a pre existing non-conforming structure with the addition of a vestibule/lobby/elevator as shown on the plans by Dixon Salo Architects, Inc. dated December 15, 2004, based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the SB Single Family District, and;
The use will not have an adverse effect on present and future dwellings in the vicinity in that the Applicant proposed to add additional landscaping and clean up the building and site, and;
The use will not create traffic hazards or volume greater than the capacity of the streets effected, and;
Vote: 4-1-0, with Antonio Pinto opposed (Darja Nevits & Dottie Risser not voting)
Alan Herzog, seconded by James Smith, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous
Minutes
Alan Herzog, seconded by James Smith, moved to approve the minutes of January 13, 2005 as written.
Vote: 6-0-1, Dorothy Risser abstaining
Adjournment:
At 9:45 p.m., James Smith, seconded by Darja Nevits, moved to adjourn.
Vote: 7-0-0, Unanimous.
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