Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— June 9, 2005 page 1
Minutes of Meeting— June 9, 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, Joe Peznola and Dorothy Risser
Jennifer Burke, Town Planner
Planner’s Report
Wind River
Mr. Norris reviewed with the Board the violations at Wind River Environmental. Atty. Paul Giannetti indicated that he was representing Frank Murphy, owner of the property. Mr. David Dodson spoke on behalf of Wind River. Their operation has increased and it is becoming more difficult to operate under the special permit. He realizes that Wind River must operate under the lease. Wind River has determined that they can do that within the short term, however, they would like to review their options and come back to the Board with a long-term solution. If a long-term solution can not be reached, Wind River will have to move.
Jeff Wood, Zoning Enforcement Officer, addressed his concerns regarding this issue. In March, he documented seven 9,000-gallon trucks on site. He also noted that this has been a problem before and the Town has been told the problem will be corrected. He asked the Board to take action against Wind River.
The Board read a letter from Chris Kent, owner of Extra Space Storage. Mr. Kent expressed his concern that there is a consistent foul odor. He is losing business because of the smell. Mr. Dodson stated that Wind River is also concerned and wants to work with the abutter to address the smell issue. Mr. Wood reviewed a letter from the Board of Health addressing the smell. He also had a commitment from Wind River to respond by June 1st. That has not been done. The Board noted that the smell is a Board of Health issue.
Wind River will work on a plan and return to the Board likely in August.
The Esplanade
Mr. Norris discussed the plan provided to the Board from MP Development regarding the proposed lighting and landscaping at the Esplanade. Mr. Rodney Frias explained that along Main Street there is an existing Hudson Light & Power duct bank that runs along the sidewalk in front of the building. The original proposal is not feasible with the existing condition. As far as landscaping, they have revised the proposal to incorporate Jeff Wood’s comments regarding no trees within 25 feet of the property corners. Mr. Norris expressed concern that the lights match the downtown. Mr. Peznola asked what size the trees are. He was told 3.5 caliper. Mr. Frias presented a rendering of the streetscape. The Board’s main concern is that the building match the downtown look.
Joseph Peznola, seconded by James Smith, made a motion confirming that the change in lighting and landscaping for The Esplanade is an insubstantial change as shown on the plan entitled “Hardscape Concept” owned by MP Development as drawn by Hawk Design, Inc. of Boston, MA dated April 25, 2005 last revised June 1, 2005 and the lighting cut sheets as presented with the condition that the developer utilize similar lamp types regarding the coloration of the light as that of Main Street.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
New Filing Requirements
Ms. Burke presented updated filing requirements to the Board for approval. She noted that the Selectmen have already approved the fee change.
Alan Herzog, seconded by James Smith, made a motion approve the new filing requirements as presented.
Vote: 6-0-0, Unanimous
Petition 2005-06: 14 Belleview Street
Present: Robert F. Dionisi, Atty.
William Knapp & Lauren Dandreta
Mr. Norris reminded the Board what they had asked for previously. Atty. Dionisi updated the Board on the status of the petition. He feels that most of the concerns of the Board have been addressed. He reviewed the parking layout and the floor plans showing the two points of egress from each floor. Mr. Norris noted that there is a discrepancy between the land surveyor’s plan and the sketch as presented. It appears that the sketch measurement was done fro the edge of pavement not the right of way. Mr. Peznola expressed concern that the Board is not holding revenue generating petitions to the standard that they should regarding providing accurate detail to allow the Board to make a proper decision.
Ms. Risser expressed concern that the floor plans are not descriptive enough. It is unclear where the stairs, doors and landing will be.
The Board would like plans that are more detailed.
Dottie Risser, seconded by Lawrence Norris, moved to continue the hearing for Petition 2005-06 14 Belleview Street until July 28, 2005 at 7:30 p.m.
Vote: 4-0-0, Unanimous (Joe Peznola and Jim Smith not voting)
Petition 2005-08: 261 Central Street
The Board is in receipt of a letter dated June 9, 2005 asking for a continuation to the next hearing.
Joseph Peznola, seconded by Lawrence Norris, moved to continue the hearing for Petition 2005-08 261 Central Street until August 11, 2005 at 7:30 p.m.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Petition 2005-10: Main & Brook Streets/Sauta Farm Condominiums
Present: Jack Sargent & Art Peters, Midland Development
Steve Aldrich, Aldrich Engineering
Mr. Norris updated the Board on the status of the petition and the supplemental materials provided to the Board. Mr. Peznola asked for additional clarification regarding the drainage calculations. Mr. Aldrich provided a review of pre-development versus post-development drainage. After the review, Mr. Peznola felt comfortable with the numbers. Mr. Peznola asked that if the athletic field needs to be dug up to repair the drainage structure will the condo association be responsible to replace it. Mr. Sargent indicated that the field would be put back to the existing condition if it were disturbed. Mr. Peznola also expressed concern regarding the outlet structure with no cover. He is afraid that kids will go exploring and could potentially fall into the system.
Mr. Norris then reviewed the required findings for a variance. Mr. Sargent explained that the site was difficult to work with a 26-foot road. It is unclear whether a 30-foot road would work on site. Ms. Risser stated that a larger road has more run off which creates a hardship in the WPD. Mr. Peznola agrees.
There was no input from the public.
James Smith, seconded by Dottie Risser, moved to go into deliberative session.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Joseph Peznola, seconded by James Smith, moved to approve Petition 2005-10 and to grant a Special permit under section 5.8 Retirement Community Overlay District as shown on the plans entitled “ Sauta Farm Condominiums” as drawn by Aldrich Engineering of Winchendon, MA dated August 27, 2004 last revised February 18, 2005, 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 Conservation Commission, and;
The project will provide people over 55 years of age the opportunity to live in a residential neighborhood designed specifically for their needs, equipped with the appropriate amenities and located within reasonable proximity to shopping and services;
And with the following conditions:
The agreement with the Town of Hudson and the Applicant for the Operation and Maintenance of the Stormwater Management System will be included in the condominium documents and must include a provision for the repair and replacement of the future athletic fields back to the condition prior to repair of system.
The outlet structure will be modified to provide inaccessibility to humans.
The Applicant will explore the reconfiguration of the infiltration basin to eliminate the retaining walls.
All final condominium documents and an executed agreement between the Town of Hudson and the Applicant, his Assigns and Successors will be submitted to the Board prior to issuance of any permits.
An as-built plan of the drainage system within the proposed athletic field easement and Brook Street will be delivered to the Board, the Department of Public Works and the Recreation Department prior to the issuance of the final occupancy permit.
The Condominium Association will be forever responsible for maintenance, operation, repair and replacement of the on site septic system, the stormwater management system and the internal roadways including the conduit and headworks for stormwater overflow in the Brook Street right of way.
The parcel will not be further subdivided as to reduce the overall project area to less than 30 acres.
Conversion of the garage space to habitable living space will be prohibited.
The Board of Health will be copied on all reports generated with regard to the ongoing operation, monitoring, testing, maintenance and repair of the on site treatment/septic system.
The project engineer will provide to the Board a certification that the on site stormwater management system has been installed in accordance with the design plans and calculations and the system is in full compliance with MA DEP Stormwater Management Policy.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Joseph Peznola, seconded by James Smith, moved to approve Petition 2005-10 and to grant a Special Permit under section 3.3.10 Watershed Protection District as shown on the plans entitled “ Sauta Farm Condominiums” as drawn by Aldrich Engineering of Winchendon, MA dated August 27, 2004 last revised February 18, 2005, 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 Conservation Commission, 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 with the following conditions:
The agreement with the Town of Hudson and the Applicant for the Operation and Maintenance of the Stormwater Management System will be included in the condominium documents and must include a provision for the repair and replacement of the future athletic fields back to the condition prior to repair of system.
The outlet structure will be modified to provide inaccessibility to humans.
The Applicant will explore the reconfiguration of the infiltration basin to eliminate the retaining walls.
All final condominium documents and an executed agreement between the Town of Hudson and the Applicant, his Assigns and Successors will be submitted to the Board prior to issuance of any permits.
An as-built plan of the drainage system within the proposed athletic field easement and Brook Street will be delivered to the Board, the Department of Public Works and the Recreation Department prior to the issuance of the final occupancy permit.
The Condominium Association will be forever responsible for maintenance, operation, repair and replacement of the on site septic system, the stormwater management system and the internal roadways including the conduit and headworks for stormwater overflow in the Brook Street right of way.
The parcel will not be further subdivided as to reduce the overall project area to less than 30 acres.
Conversion of the garage space to habitable living space will be prohibited.
The Board of Health will be copied on all reports generated with regard to the ongoing operation, monitoring, testing, maintenance and repair of the on site treatment/septic system.
The project engineer will provide to the Board a certification that the on site stormwater management system has been installed in accordance with the design plans and calculations and the system is in full compliance with MA DEP Stormwater Management Policy.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Joseph Peznola, seconded by Lawrence Norris, moved to approve Petition 2005-10 and to grant a Variance under section 7.1.4.5 to allow the construction of an internal road way to be 26 feet as shown on the plans entitled “ Sauta Farm Condominiums” as drawn by Aldrich Engineering of Winchendon, MA dated August 27, 2004 last revised February 18, 2005, 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 Conservation Commission, and;
That due to conditions relating to the shape of the lot and its topography and the positioning of the existing structures upon it, which are unique in the zoning district, a hardship would be created if the Zoning Bylaw were literally enforced in that the parcel is the largest of its size available in the area and its location in the Watershed Protection District affects the stormwater management design, and;
No substantial detriment to the public good was identified, and;
Relief may be granted without derogating from the intent and purpose of the Zoning Bylaw.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Lawrence Norris, seconded by Joseph Peznola, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous (Darja Nevits not voting
Dottie Risser recused herself from the Board
Petition 2005-12: 12 Wheeler Road
Present: Tom McCarthy, Southboro Ventures
Lloyd Geisinger, Thorndike Development
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Norris read into the record letters provided by the Fire Chief and a letter provided by the Planning Board.
Mr. McCarthy presented the petition to the Board. He reviewed the previously approved plan. Mr. Geisinger reviewed the new proposal with the Board and the updated layout. He reviewed the variance requests as follows:
Section 5.8.1.2 (c) to permit buildings to face upon a private way with a width of twenty-six (26) feet and to permit the distance between detached buildings to be fifteen (15) feet
Section 5.8.1.2 (d) to permit a detached – unit dwelling to contain more than 2,400 square feet of living area
Section 5.8.1.2 (g) to permit principal buildings to have no setback on an exterior lot line abutting land to be made subject to a conservation restriction
Section 5.8.1.2 (i) to permit one (1) parking space inside a garage and an additional space in a location on the lot other than in front of such garage
He indicated that the variance requests are a package and this type of development is not feasible with out approval of these variances. He noted the unique conditions of the lot as the drastic grade change of over 100 feet from South to North on the property, the arsenic contamination, and that the property is not suitable for commercial development.
Mr. Peznola asked if the applicant would agree to stay within the confines of the detached “lots” as depicted on the plans. He was told yes.
Mr. Norris asked what the maximum square foot living area would be. He was told 3300 square feet. He asked which lots would be less than 25 feet from the lot line. Mr. Geisinger explained that due to the arsenic cleanup requirements the parcel with the capped lagoon would be deeded to a non-profit. This affects lots 6,7 and 30-36. Finally, he noted that the parking space variance only applies to the attached homes.
Don Garcia, Chair, Hudson Economic Development Commission, spoke in favor of the project and noted that this will be a project that Hudson can be proud of.
Jim Smith, seconded by Darja Nevits, moved to go into deliberative session.
Vote: 5-0-0, Unanimous
Lawrence Norris, seconded by James Smith, moved to approve Petition 2005-12 and to grant the following Variances:
Section 5.8.1.2 (c) to permit buildings to face upon a private way with a width of twenty-six (26) feet and to permit the distance between detached buildings to be fifteen (15) feet
Section 5.8.1.2 (d) to permit a detached – unit dwelling to contain no more than 3,300 square feet of living area
Section 5.8.1.2 (g) to permit principal building lots identified as #’s 6, 7, and 30-36 to have no setback on an exterior lot line abutting land to be made subject to a conservation restriction
Section 5.8.1.2 (i) to permit one (1) parking space inside a garage and an additional space in a location on the lot other than in front of such garage
as shown on the plans entitled “ Plan to Accompany Variance Request” as drawn by Cubellis Saivetz Associates dated May 18, 2005, 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;
That due to conditions relating to the shape of the lot and its topography and the positioning of the existing structures upon it, which are unique in the zoning district, a hardship would be created if the Zoning Bylaw were literally enforced in that the parcel has significant topographical issues and has arsenic contamination which requires clean up as dictated by MA DEP, and;
No substantial detriment to the public good was identified, and;
Relief may be granted without derogating from the intent and purpose of the Zoning Bylaw.
Vote: 5-0-0, Unanimous
James Smith, seconded by Alan Herzog, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous
Dottie Risser returned to the Board
Petition 2005-11: Bolton Street
Present: Tom DiPersio, Thomas Land Surveyors
Mike Frias, F & C Construction
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. DiPersio presented the petition to the Board. The applicant has received subdivision approval and conservation approval for four lots. The site is bisected by an intermittent stream and some wetlands. Two houses are o the street side and two houses are above the stream. There is construction within 25 feet of a stream, which falls into the WPD. The two houses above the stream have average grades greater than 12%.
Mr. Norris asked what the slopes were. He was told maximum 2:1. Mr. Peznola asked if there would be excavation within 4 feet of the water table. He was told no. He asked if the slopes were a major concern for the developer. He was told no.
There was no input from the public.
James Smith, seconded by Dottie Risser, moved to go into deliberative session.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Joseph Peznola, seconded by James Smith, moved to approve Petition 2005-11 and to grant a Special Permit under Section 3.3.10, to allow for residential construction within the Watershed Protection District on land with an average slope exceeding 12% as shown on the plan entitled “ Notice of Intent Plan of Proposed Construction in Hudson, MA” as drawn by Thomas Land Surveyors of Hudson, MA dated April 12, 2004 last revised February 18, 2005, based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the SA-8 Single Family District, and;
The applicant has submitted to and received all the necessary approvals from the Planning Board and the Conservation Commission, 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;
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Lawrence Norris, seconded by Darja Nevits, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Petition 2005-13: 20 Lakeside Avenue
Present: Jon Green
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Green presented the petition to the Board. He would like to demolish the existing house and rebuild it. The existing is strictly a shell with no interior walls. There is extensive damage including termite damage. He will replace it with a full foundation and a two story single family home with a one-car garage. The height will be under the 35 foot maximum allowed. The existing height is around 30 feet. The septic approval from the Board of Health is forthcoming and will probably be located under the driveway.
There was no input from the public.
Alan Herzog, seconded by James Smith, moved to go into deliberative session.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Joseph Peznola, seconded by James Smith, moved to approve Petition 2005-13 and to grant a Special Permit under Section 5.1.6.3, to allow for the rebuilding of a damaged and/or destroyed portions of a pre existing non-conforming structure and alter, extend or structurally change said structure as shown on the plan entitled “ Proposed Site Plan of 20 Lakeside Avenue in Hudson, Mass.” As drawn by Thomas Land Surveyors of Hudson, MA dated May 18, 2005 and the architectural drawings by RC Searles Associates of Marlborough, MA , 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 alteration, extension or structural change does not increase the non-conforming nature of the building, and;
And with the following condition:
The Applicant will seek and receive a Board of Health permit for a three bedroom septic system.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Lawrence Norris, seconded by Alan Herzog, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Adjournment:
At 11:00 p.m., Dottie Risser, seconded by Jim Smith, moved to adjourn.
Vote: 5-0-0, Unanimous.
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