Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— May 12, 2005 page 1
Minutes of Meeting— May 12, 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, Joe Peznola and Dorothy Risser
Jennifer Burke, Town Planner
Planner’s Report
Ms. Burke presented updated filing requirements to the Board for approval. Mr. Norris asked the Board to review the new requirements and be prepared to approve them at the meeting in June. The Board also discussed a new fee schedule. It was noted that the Selectmen have to approve fee changes for appointed Boards.
Dottie Risser, seconded by Darja Nevits, made a motion ask the Board of Selectmen to adopt the new fee schedule as presented.
Vote: 7-0-0, Unanimous
The Board is in receipt of a set of lighting plans from MP Development in regards to the Esplanade. It seems that the lighting has changed completely. The Board would like the owners to attend the meeting in June to discuss this issue.
Petition 2005-06: 14 Belleview Street
The Board is in receipt of a letter asking for a continuation until June 9, 2005.
Dottie Risser, seconded by Darja Nevits, moved to continue the public hearing for Petition 2005-06 until June 9, 2005 at 7:30 pm.
Vote: 4-0-0, Unanimous (Joe Peznola, Tony Pinto and Jim Smith not voting)
Petition 2005-07: 17 Carter Street
Present: Howard & Dianne Bemis
Jay Gallant
The Board is in receipt of a letter asking to withdraw the variance request and only act on the special permit. The construction will not encroach anymore than the existing house. Mr. Gallant presented additional plans to the Board, including a parking plan and construction drawings.
Mr. Norris asked about the stacked parking. Ms. Burke indicated that from a planning perspective, stacked parking is not encourage. There is no regulation prohibiting it. The Bemises indicated that they would expect only three cars parked on the lot.
Ms. Risser asked about the second egress. She was told that the second egress would be through the existing house. Ms. Risser indicated that that would only work with family sharing the house. She would feel more comfortable with a second means of egress that leads directly to the outside.
There was no input from the public.
Dottie Risser, seconded by Darja Nevits, moved to go into deliberative session.
Vote: 4-0-0, Unanimous (Joe Peznola, Tony Pinto and Jim Smith not voting)
Lawrence Norris, seconded by Dottie Risser, moved to approve Petition 2005-07 and to grant a Special Permit under Section 5.2.3.1 (i), to allow for the conversion of the existing single family dwelling into a two family dwelling as shown on the plans by Heritage Home Carpentry, Inc. dated March 10, 2005 and the Mortgage Inspection Plan showing the dimensions of the proposed addition dated June 28, 2001 and the Certified Plot Plan of 17 Carter Street by Thomas Land Surveyors dated April 4, 2005, 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 two dwelling units, and;
The dwelling will maintain the character of a single family dwelling, and;
One of the dwellings will be owner occupied.
And with the following condition:
The Final plans that will be submitted for a building permit will provide a second egress leading to the outside not through the original dwelling.
Vote: 4-0-0, Unanimous (Joe Peznola, Tony Pinto and Jim Smith not voting)
Lawrence Norris, seconded by Darja Nevits, moved to come out of deliberative session.
Vote: 4-0-0, Unanimous (Joe Peznola, Tony Pinto and Jim Smith not voting)
Petition 2005-08: 261 Central Street
Present: Paul Giannetti, Atty. at Law
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Atty. Giannetti presented the petition to the Board. He reviewed the history of the property with the Board. There are wetlands to the rear of the lot so the addition will be located to the side of the existing structure. The building will be in compliance with all setback requirements. The applicant feels this use is in harmony with the intent of the by-law.
Atty. Giannetti presented evidence that the residence was a two family at the time of the adoption of the zoning by-law.
Mr. Norris asked if the parking area will be paved. Atty. Giannetti stated that his client would like to pave the area to facilitate plowing.
Mr. Peznola expressed his concern about the plan as presented and the fact that the original preparer is not aware that it has been doctored. He also noted that the applicant is generating revenue and should bear some responsibility in preparing a better plan showing all the impacts to the single family neighborhood. He noted a concern for the traffic on Central Street and the proposal to have vehicles back up into Central Street. He asked the applicant to look into the proposed parking layout and come up with a better configuration. Mr. Peznola also stressed the need for owner occupation.
Ms. Nevits stated that she would like to see elevation plans especially now that the addition is visible from the street. Ms. Risser asked if the building was on town sewer she was told yes.
Fran Hansen, 269 Central Street, asked what the size of the addition will be. She was told 28’ x 18’. She asked if the pavement or addition will encroach on the wetlands. She was told no. Finally she asked if the new proposed sidewalk will be impacted by this proposal. She was told no.
Alan Herzog, seconded by Jim Smith, moved to enter continue the Petition 2005-08 to June 9, 2005 at 7:30 pm.
Vote: 5-0-0, Unanimous (Darja Nevits and Dottie Risser not voting)
Petition 2005-09: 9 Felton Street
Present: Paul Giannetti, Atty. at Law
Atty. Giannetti updated the Board on the status of the petition. He presented an additional plan outlining the parking layout as proposed. They have tried to minimize the amount of stacked parking by angling some of the spaces within the right of way. The area is paved about 15 feet.
Mr. Norris asked if there were any internal changes proposed. The indication is to leave the property as existing. There is the option to change the entrance because of the formal foyer. The second means of egress will come off the porch.
There was no input from the public.
Alan Herzog, seconded by Darja Nevits, moved to enter deliberative session.
Vote: 4-0-0, Unanimous ( Joe Peznola, Tony Pinto and Jim Smith not voting)
Lawrence Norris, seconded by Dottie Risser, moved to approve Petition 2005-09 and to grant a Special Permit under Section 5.2.3.1 (i), to allow for the conversion of the existing single family dwelling into a two family dwelling as shown on the Housing Certification Plan and Building Sketch as provided with the petition and the Mortgage Inspection Plan showing the parking layout dated January 28, 2003, based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the C-1 Commercial 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 two dwelling units, and;
The dwelling will maintain the character of a single family dwelling, and;
One of the dwellings will be owner occupied.
Vote: 4-0-0, Unanimous ( Joe Peznola, Tony Pinto and Jim Smith not voting)
Alan Herzog, seconded by Darja Nevits, moved to come out of deliberative session.
Vote: 4-0-0, Unanimous ( Joe Peznola, Tony Pinto and Jim Smith not voting)
Petition 2005-10: Main & Brook Streets/Sauta Farm Condominiums
Present: Jack Sargent & Art Peters, Midland Development
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Sargent presented the petition to the Board. Last May Town Meeting approved the amendment to the overlay district to include this parcel in the Retirement Community Overlay District. The proposal is to construct 66 units with 30 2 units building and 2 three unit buildings. Town water is proposed with a fire suppression system in each unit. There is also a community building proposed. The septic will be collected and treated in an onsite treatment plant. The internal drives are proposed at 26 feet based on discussions with the Planning Board and ITC. This will give the project a village like feel. There are sidewalks throughout the project as well as granite post lighting. The developers have agreed to give the Town a perpetual easement to use the existing cornfield as recreation
fields.
The project has been filed with Conservation and they are still nailing down the details. They are scheduled to meet with the Commission again next week.
Mr. Norris asked for a copy of the SWPPP. Mr. Sargent stated that once the Conservation Commission approves it he will forward a copy to the Board. Mr. Norris reviewed several Planning Board conditions.
Mr. Peznola asked for a full copy of the drainage calculations. He is not clear on why the system is proposed at the size it is. He also noted that the applicant should provide additional language regarding the request for a variance.
Mr. Peznola expressed concern regarding the water usage calculation. He stated that the 150 gpd was created before the concept of over 55 developments and may not accurately reflect actual usage. He may ask the Board to consider limiting the occupants in the condo documents. Ms. Risser noted that the Villages at Quail Run was limited to two people by the Board.
Jim Sauta, 218 Hudson Road, Stow, told the Board that similar septic systems have had problems if enough water is not flushed into the system. He noted that they should be careful when limiting the number of people.
Mr. Peznola asked who would be responsible for maintaining the drainage system under the field area. He was told that the maintenance would be the responsibility of the condominium association. He also suggested that the outlet structure have some kind of cover to protect the children from falling in. A steel grate was suggested.
Alan Herzog, seconded by James Smith, moved to enter continue the Petition 2005-10 to June 9, 2005 at 7:30 pm.
Vote: 5-0-0, Unanimous (Darja Nevits and Dottie Risser not voting)
Adjournment:
At 9:20 p.m., Dottie Risser, seconded by Darja Nevits, moved to adjourn.
Vote: 7-0-0, Unanimous.
| 
