Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— August 11, 2005 page 1
Minutes of Meeting— August 11, 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, Tony Pinto, James Smith, Joe Peznola and Dorothy Risser
Jennifer Burke, Town Planner
Discussions
Simrah Gardens
The Board is in receipt of a letter from Miraj Ahmed asking for a release of the Certificate of Occupancy (CO) for building three prior to completion of the amenities as stated in condition #38. In addition, Mr. Ahmed noted that because one building permit was issued for all three buildings, Mr. Wood would only give one CO. Mr. Ahmed argued that he thought individual COs would be issued. He stated that building three would be ready for a CO around August 22, 2005.
Mr. Peznola expressed concern that the quality of life for the tenants be satisfactory. He also noted that in his opinion the change to the permit regarding condition #38 is insubstantial. He asked the status of the landscaping in front of building three. He was told it would be done prior to occupancy for that building. All other work is anticipated to be complete within one month. Expected date of occupancy for buildings one & two is September 15, 2005. Mr. Peznola stated that his position would be that no occupancy for buildings one & two would be granted until all work is complete.
Mr. Norris asked how the developer ended up with this problem to begin with. Mr. Ahmed indicated that there was a miscommunication. He was always under the impression that building three was separate. Mr. Norris also expressed concern that the developer knew the conditions of the permit and agreed to those conditions.
Joseph Peznola, seconded by James Smith, made a motion confirming that the change to condition #38 of the Comprehensive Permit for Simrah Gardens to state that all recreational areas and amenities will be completed prior to issuance of occupancy permits for buildings 1 & 2 is an insubstantial change.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Joseph Peznola, seconded by James Smith, made a motion to send a letter to the Building Commissioner stating that an occupancy permit for building three may be issued with the following conditions:
Final pavement from the west entrance up to and around building three must be completed.
Landscaping as proposed on the plans around building three must be completed.
Fire lanes throughout the site must be completed.
The occupancy permit will be subject to any conditions set forth by the Building Commissioner and the Fire Chief.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Lawrence Norris, seconded by Tony Pinto, made a motion to authorize the Town Planner to sign the certificate of occupancy for Simrah Gardens on behalf of the Zoning Board of Appeals.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
The Esplanade
Mr. Peznola updated the Board on issues of affordability surrounding the Esplanade. MP Development is having difficulty in finding residents to qualify for the affordable units. There is a problem with the asset limitation. After discussion with CHAPA and DHCD, the developer has drafted a letter to be signed by themselves, the Selectmen and the ZBA. This letter asks DHCD to consider allowing the LIP asset guidelines to apply in this project.
Bob Barrell, Hudson Housing Authority, spoke on behalf of the authority stating that they have no problem with the letter in the interest of preserving affordability. Joe Leandres, Hudson Housing Authority, asked what will happen to the residents who bought market rate units but may now qualify for affordable units. The Board noted that may be a problem, but would have to be dealt with by MP Development.
Joseph Peznola, seconded by James Smith, made a motion authorizing the Chairman to sign the letter as drafted by MP Development on behalf of the Zoning Board of Appeals.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Petition 2005-08: 261 Central Street
The Board is in receipt of a letter dated August 10, 2005 asking for a continuation to the next hearing.
Alan Herzog, seconded by James Smith, moved to continue the hearing for Petition 2005-08 261 Central Street until September 8, 2005 at 7:30 p.m.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Petition 2005-14: 3 Bonazzoli Avenue
Present: Adam Braillard, Atty. at Law
Byron Perez, RF Frequency Engineer for Tmobile
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Braillard reviewed the petition with the Board. The applicant would like to install three rooftop attachments with three antennae each. The antenna height is 6 feet. All sectors will be attached to BTS cabinets located toward the center of the building. Coaxial cables will run about 8 inch off the roof. He noted that this location is outside the Wireless Communications Facilities Overlay District (WCFD). The applicant does have a significant gap in coverage along Main Street. This site will provide the necessary coverage. He noted that the Board had granted similar petitions in the past. One on Apsley Drive to this service provider and one on Broad Street to Nextel.
Mr. Braillard noted that the applicant has an approved installation on the Lakeview water tank but it has not been constructed. Mr. Norris expressed concern that the water tank site has not been constructed and the Applicant is now asking for relief. Mr. Braillard indicated that even with the water tank attachment online, there will still be a gap in coverage.
Mr. Norris noted that the RF frequency maps show a gap on Wilkins Street/lower Main Street toward Stow even with the proposed attachment. Mr. Braillard indicated that this is because of the building height.
Mr. Norris asked if the applicant had approached the Town regarding issuing a new RFP. He was told no. Mr. Braillard indicated that he had viewed the monopole at Pope’s Hill it appears to be a three carrier pole. It is not clear if all three positions are taken. He can inquire with the owner.
The board confirmed that the applicant needs to prove they have exhausted the overlay district before the Board can grant relief outside the district. Before the Board can act additional information is required and a better explanation is needed as to why Lakeview was never built.
Joseph Peznola, seconded by Alan Herzog, moved to continue the hearing for Petition 2005-14 3 Bonazzoli Avenue until September 8, 2005 at 7:30 p.m.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Petition 2005-15: 7 Worcester Avenue
Present: Steve Poole, Consolidated Design Group
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Norris read into the record a letter provided by the Board of Health stating that the surrounding houses need to tie into Town Water.
It was noted that the petitioner had list the wrong section in the petition. They are looking for a Special Permit under section 5.1.6.3.
Mr. Poole presented the petition to the Board. The applicant would like to expand the pre-existing, non-conforming structure by adding an addition to include a garage with family room above it. They will also abandoned the existing cess pool and install a new septic system. The house will also be on Town water. He noted that the surrounding properties had already been improved.
The addition will maintain existing setbacks. The applicant will also upgrade the existing house for year round living. The roofline on the addition will be about 10 feet higher than the existing house. The land slopes up from the lake toward Worcester Avenue. Across the street, there is a vacant lot and it does not appear there will be any blocked views.
Mr. Peznola asked who did the survey. He was told Dave Zanca. He noted that a certified plot plan will be required to confirm that the setbacks are maintained.
Nicole Benander, 9 Worcester Avenue, stated that the view from house 9A will be obstructed after the addition is constructed. Currently 9A has a view from its porch. The addition will affect her ability to rent the house. Ms. Risser asked if a one-story addition would affect the view, she was told yes.
Mr. Poole noted that the original camp on that site had blocked views.
Jim Smith, seconded by Tony Pinto, moved to go into deliberative session.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Lawrence Norris, seconded by James Smith, moved to approve Petition 2005-15 and to grant a Special permit under section 5.1.6.3 to allow the extension of a pre-existing non-conforming structure as shown on the plans entitled “ Site Plan 7 Worcester Avenue Hudson Massachusetts” as drawn by Consolidated Design Group Hudson, MA dated July 18, 2005 and the building plans as submitted with the petition, 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.
Vote: 5-0-0, Unanimous ( Dottie Risser not voting)
James Smith, seconded by Alan Herzog, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Petition 2005-16: 10 Herman Circle
Present: Michael & Karen Sanford
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Sanford reviewed the petition with the Board. They would like to build an addition on the back of the house. The addition would be 26’ x 40’. It would be an extension of the kitchen and incorporate a family room. The roofline would stay the same. They have received and Order of Conditions from Conservation. There will be no setback violation.
Mr. Peznola asked what the flood plain elevation is. He was told 210’. He asked how the homeowner would be compensating for displaced storage. He noted that the by-law requires a written statement from a professional engineer or registered land surveyor discussing the history of flooding and the calculations of water to be displaced.
There was no input from the public.
James Smith, seconded by Tony Pinto, moved to go into deliberative session.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Joseph Peznola, seconded by James Smith, moved to approve Petition 2005-16 and to grant a Special Permit under Section 5.7, to allow for the construction of an addition within the floodplain district as shown on the plans filed with the petition 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 applicant has submitted to and received all the necessary approvals from the Conservation Commission, and;
The use is in harmony with the purpose and intent of this by-law, and;
The proposed use will not significantly conflict with the purposes set forth in Section 5.7.1, and;
The use is designed, placed and constructed to offer minimum obstruction to the flow of water, and;
And with the following condition:
A written statement as identified in section 5.7.4.3 A (1) of the Zoning By-Law must be submitted to the Zoning Board of Appeals prior to issuance of the building permit.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
James Smith, seconded by Lawrence Norris, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Petition 2005-17: 26 Cherry Street
Present: Robert Dionisi, Atty. at Law
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Atty. Dionisi presented the petition to the Board. He stated that Jeff Wood indicated that this is not a permitted use because it entails two uses on one lot. The single family us is a preexisting non-conforming use. The property is less than ½ acre. The house was built in 1880.
The use will remain single family. The owner’s business is asphalt. They would like to park the equipment overnight on the property. No repairs will be done. The applicant intends to separate the uses with a fence.
Mr. Norris stated that when the by-law is silent, the use is not permitted.
Atty. Dionisi said that the residence will remain active and will keep within the residential character of the neighborhood.
The Board would like to see a parking layout and how the groundwater will be protected. The Board also expressed concern that a legal opinion from Town Counsel may be needed to help address this issue.
Mr. Peznola asked if the applicant had looked into section 5.1.6.1. he might be bale to change the use to a specific new use (mixed use).
Keith Thomason, 24 Cherry Street, stated that he has three young children under two years old. He is concerned that the character of the neighborhood will change. He is also concerned about the potential noise and chemicals to be emitted.
Cordula Schwarz, 46 Cherry Street, submitted a petition to the Board of residents opposed to the application. She stated that she feels it will change the residential character of the neighborhood. She questioned how the vehicles will be parked.
William Jenkins, 38 Cherry Street, stated that traffic has already increased down Cherry Street and this will add to that. He stated that he has three young children, one of which is autistic and he is concerned for their safety. He questions the hours of operation and expressed concern that the place not become a junkyard. He asked if the house will be rented or owner occupied. He was told rented as it is now.
Lawrence Norris, seconded by James Smith, moved to ask Town Counsel for a legal opinion regarding the Board’s authority to act.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Joseph Peznola, seconded by Tony Pinto, moved to continue the hearing for Petition 2005-17 26 Cherry Street until September 8, 2005 at 7:30 p.m.
Vote: 5-0-0, Unanimous (Dottie Risser not voting)
Minutes
Alan Herzog, seconded by Dorothy Risser, moved to approve the minutes of July 28, 2005 as written.
Vote: 6-0-0, Unanimous
Joseph Peznola recused himself from the Board.
Petition 2005-18: 265 Washington Street
Present: Tom DiPersio, Sr., Thomas Land Surveyors and Engineering Consultants
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. DiPersio reviewed his petition with the Board. They would like to move their business into the existing building at 265 Washington Street. He indicated that he and his wife would live in the house on the second floor to account for a home occupation.
They have a total of eight employees. Six in the office and two field crew members. The hours of operation are 7:00 am – 6:00 PM Monday through Friday.
The petition also asks for a variance on the size of the sign. A larger sign is needed because of the length of the name. Mr. DiPersio presented a drawing depicting the proposed sign.
Mr. Norris stated that the present use has 1-2 teachers and students coming in and out all day. He asked if there were and plans to modify the building. He was told no. He questioned the potential for growth. He reminded the applicant that it would be necessary to prove hardship.
Ms. Risser stated that she has always felt a variance was not required at this location. Dr. Temple had a pre-existing non-conforming use and the yoga studio could have continued that through a special permit.
Mr. DiPersio stated that his business is mostly over the telephone. The yoga studio clearly has more traffic in and out all day. The current hours are 10:00am – 9:00pm. He stated that this space would accommodate the business for some time. They are happy with eight employees. He noted that the hardship would be to reestablish the residential use on the property. It is clearly not an ideal site for a residence.
Colleen Cappucci, 281 Washington Street, spoke in favor of the petition. She stated that Washington Street is a busy street and it does not lend itself to residential use. She stated that the DiPersio’s have a hardship in their existing office and no one wants to see them move out of Hudson.
Tom DiPersio, Jr. said that the business does not generate a lot of traffic. He stated that there would be some type of commercial building at this location. He feels theirs is a good fit.
Michael Girard, 263 Washington Street, spoke in favor of the petition. He noted that Thomas Land Surveyors is a tremendous asset to the Town. He has spoken with Mr. DiPersio and they have agreed to some minor issues regarding lighting and that no subletting will be allowed.
Atty. Robert Dionisi, of Marlboro, stated that he had represented the Pearsons regarding the establishment of the yoga studio. At the time, he could not authenticate that Dr. Temple actually lived on the site. That is why the variance was sought. He stated that in this instance the Board might want to restate the conditions from the previous petition. He stated that he had spoke with Charles Rio , 259 Washington Street, and he is entirely in support of the petition. He argued that it would be a benign use of the property.
James Pearson, 265 Washington Street, stated that if the Board does not grant this petition, it would be a hardship to him.
Mr. Norris suggested amending the existing variance, since the variance runs with the land. The Board will not be able to grant the sign request.
Lawrence Norris, seconded by James Smith, moved to go into deliberative session.
Vote: 5-0-0, Unanimous
Lawrence Norris, seconded by James Smith, moved to modify the variance on Petition 17-02/03 265 Washington Street by striking conditions one & two 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 shape of the land and house and improvements of the site are unique in relation to lots within the district, and;
Enforcement of the by-laws would impose substantial hardship on the Petitioner with regard to the conversion of the site and structure to residential use, and;
Relief of said hardship could be granted to the Petitioner without substantial detriment to the public good, as evidenced by the materials submitted.
And with the following new conditions:
No more than 20 employees and visitors may be on the premises at any one time.
The hours of operation will be Monday-Friday 7:00am –6:00pm.
Vote: 5-0-0, Unanimous
James Smith, seconded by Lawrence Norris, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous
Adjournment:
At 10:30 p.m., Dottie Risser, seconded by Jim Smith, moved to adjourn.
Vote: 5-0-0, Unanimous.
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