Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— April 14, 2005 page 1
Minutes of Meeting— April 14, 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 and Dorothy Risser
Jennifer Burke, Town Planner
Not Present: James Smith, Tony Pinto and Joe Peznola
Planner’s Report
The Board is in receipt of a letter from Ms. Joanne Foley, Bingham McCutchen, informing the Board of the acquisition of an additional parcel to be used for more parking spaces. She is asking the Board for a determination that the change is not substantial. The Board agreed that adding more parking can only improve the project and noted that this proposal was always discuss with the Board during the public hearing process.
Dottie Risser, seconded by Darja Nevits, made a motion to confirm that the acquisition of an additional parcel to be used for parking does not constitute a substantial change to the Comprehensive Permit for the Esplanade.
Vote: 4-0-0, Unanimous
Colleen Cappucci presented a proposal to the Board for her property of Washington Street. She owns the house immediately over the Town line next to Kane Self Storage. She is proposing a “friendly” 40B project that will include commercial on the first floor and residential on the second and third floors. She is willing to work with the Town to design the best possible project. She is aware that the Town has reached 10% affordable housing and that she has no appeal rights. She is looking for any comments the Board can provide. Ms. Nevits noted that traffic is an issue at this location. Mr. Norris noted that there is far too much impervious surface on the concept plan. He would also caution on the height of the building and would ask that “homework” be done as to what is
required in Marlboro. Ms. Cappucci noted that she had preliminary discussions with Marlboro and as long as there are no buildings in Marlboro, no permit will be necessary. Mr. Norris stated that he is not in favor or opposed to the project. He encouraged Ms. Cappucci to continue to work with the Town in developing the proposal.
Mr. Norris told the Board that the Building Commissioner had contacted him about illegal transfer of sewage at the WindRiver facility on Main Street. He would like a letter written asking them to attend the next meeting to address this issue.
Darja Nevits, seconded by Dottie Risser, made a motion to authorize the Town Planner to send a letter to Wind River Environmental asking them to attend the next meeting noting they are in violation of the Watershed Protection District.
Vote: 4-0-0, Unanimous
Mr. Norris related conversation he has had with Al Sukis and Niel Fossile regarding the fireplaces to be installed in Coolidge Greene. Mr. Sukis is concerned for the welfare of his barn with the fireplaces as proposed in the units along his property line. Niel has agreed to modify the fireplaces so they will not pose a threat to the barn. The Board determined that this is not a substantial change to the Comprehensive Permit.
Darja Nevits, seconded by Alan Herzog, made a motion to confirm that the modification of the fireplaces in the units along the Sukis property line does not constitute a substantial change to the Comprehensive Permit for Coolidge Greene.
Vote: 4-0-0, Unanimous
Prior to opening any hearing Mr. Norris announced that only four members were present this evening therefore, special permits would require unanimous votes.
Petition 2005-06: 14 Belleview Street
Present: Robert F. Dionisi, Atty.
William Knapp & Lauren Dandreta
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Atty. Dionisi presented the petition to the Board. The applicant would like to enlarge an existing two family dwelling to a three family dwelling. He noted that the applicants must prove that at the time of zoning the home existed as a two family. He presented a copy of the persons listed book from 1957 showing two separate families listed at the properties. He also spoke of the conversations he has had with the previous owners regarding the status of the home and that it has always been a two family home.
The applicant currently occupies the first two floors and the third floor is rented. The proposal is to change the second floor into the third apartment. He presented a schematic showing the floor plan. He noted that no alteration of the exterior will occur. He stated that there is sufficient parking.
He stated that he knows the Board has granted these petitions before with an owner occupation. His clients would ask that the Board not limit them but can live with it if the Board requires.
Mr. Norris noted that the Board would like more formal plans. The plans provided are adulterated plans by a land surveyor. They also don’t show the second parcel or parking area. He stated the shemactics should have dimensions and locate the living spaces. He stated that owner occupation will be a condition. The Board has required that to eliminate the possibility of an absentee landlord.
Ms. Nevits and Ms. Risser echoed those comments. Ms. Risser asked about the amendment to the P & S regarding a failed bathroom in the basement. Mr. Knapp indicated that the bathroom and septic will be discontinued. The rest of the house is on Town sewer.
Jason Caterino, 3 Feltonville Road, stated that the area of Belleview in question now looks like a parking lot with cars parked on either side of the road. He expressed concern that the applicant provide adequate parking so that more cars do not end up on the street.
Dottie Risser, seconded by Darja Nevits, moved to continue the public hearing for Petition 2005-06 until May 12, 2005 at 7:30 pm.
Vote: 4-0-0, Unanimous
Petition 2005-07: 17 Carter Street
Present: Howard & Dianne Bemis
Jay Gallant
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Gallant presented the petition to the Board they would like to convert their single family home into a two family home. He feels the proposal keeps the feel of a single family home. The addition will fill in the area between the detached garage and the house. The garage is already non conforming and they would like to extend the setback toward the front of the property.
Ms. Risser asked when the house was built. Ms. Bemis said 1947. Ms. Risser asked what the character of the surrounding homes was. She was told multi family on either side and peppered throughout the neighborhood.
Mr. Norris asked why a variance was applied for if they already violate the setback. Mr. Gallant indicated that the Building Commissioner interpreted the by law to mean they needed a variance. Mr. Norris reviewed the necessary findings for a variance and suggested the applicant do some additional research to absolutely confirm the need for a variance. Mr. Norris also addressed the issue of needing a plan accurately depicting the parking layout of the two units.
Ms. Risser reiterated that the applicant would need to prove the availability of five parking spaces.
There was no input from the public.
Alan Herzog, seconded by Dottie Risser, moved to continue the Petition 2005-07 to May 12, 2005 at 7:30 pm.
Vote: 4-0-0, Unanimous
Petition 2005-08: 261 Central Street
Present: Paul Giannetti, Atty. at Law
Atty. Giannetti presented a letter to the Board asking for a continuance until the next meeting.
Darja Nevits, seconded by Dottie Risser, moved to enter continue the Petition 2005-08 to May 12, 2005 at 7:30 pm.
Vote: 4-0-0, Unanimous
Petition 2005-09: 9 Felton Street
Present: Paul Giannetti, Atty. at Law
Carlos Sousa, Atty. at Law
William Davis
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Atty. Gianetti presented the petition to the Board. He presented the history of the property. The applicant would like to convert their single family home into a two family home. The second apartment will be on the second floor. The home will be owner occupied. No expansion of the structure will take place. There are two existing means of egress. There is plenty of room in the rear of the structure for parking, however, the C-1 District has no parking requirement.
Mr. Norris expressed concern that the parking requirement could not be met. He felt the proposed location would be narrow. Mr. Giannetti stated that the parking would be stacked. Ms. Burke noted that the Building Commissioner does not recognize stacked parking.
Ms. Risser noted that multi family is not allowed in the C-1. She would feel more comfortable with a reestablishment of a pre-existing non-conforming.
The Board indicated that they wanted to see the parking delineated on a plan along with the edges of pavement.
There was no input from the public.
Alan Herzog, seconded by Dottie Risser, moved to enter continue the Petition 2005-09 to May 12, 2005 at 7:30 pm.
Vote: 4-0-0, Unanimous
Minutes
Alan Herzog, seconded by Darja Nevits, moved to approve the minutes of February 10, 2005 as written.
Vote: 4-0-0, Unanimous
Adjournment:
At 9:00 p.m., Dottie Risser, seconded by Darja Nevits, moved to adjourn.
Vote: 4-0-0, Unanimous.
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