Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— April 13, 2006 page 1
Minutes of Meeting— April 13, 2006
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, James Smith, Joe Peznola, Alan Herzog, Dorothy Risser, Antonio Pinto and Darja Nevits
Petition 2006-02: Lots 1 & 2 Coolidge Street Cont.
Present: Steve Poole, Consolidated Design Group
Todd Marsh
Mr. Poole updated the Board. Mr. Poole told the Board that he had talked to the Conservation Commission who recommended decreasing the number of parking spaces. Mr. Poole also addressed the cost analysis that was submitted to the Board for discussion.
Mr. Peznola addressed the low cost estimate for construction of $160-$175 per square feet. Mr. Peznola told the applicant that a 9.5% return is achievable according to trade magazines and banks might not finance a low return of 3.5%. A 5.7% is more feasible. Mr. Peznola acknowledged that financial burden is shown based on the cost analysis.
The Board questioned the applicant on what type of tenants would be occupying the space. The applicant told the Board that various retail, offices, karate school, real estate office and a clothing store would reside there. Mr. Norris questioned the variance request for parking and the number of spaces the applicant was seeking. Mr. Poole also indicated that they decreased the 62 spaces to 49 due to the wetlands. Mr. Norris also questioned the area designated for employees.
Joe Peznola, seconded by James Smith, moved to go into deliberation session.
Vote: 5-0-0, Unanimous (Antonio Pinto and Darja Nevits not voting)
Lawrence Norris, seconded by James Smith, moved to approve Petition 2006-02 and grant a Variance from section 7.1.5.4 to allow 49 spaces where 62 are required based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the M-1 Industrial District, and;
The shape of the lot and the topography of the lot are unique in relation to lots within the district, and;
Enforcement of the by-law would impose substantial hardship on the Petitioner, and;
Relief of said hardship could be granted to the Petitioner without substantial detriment to the public good.
Vote: 5-0-0, Unanimous (Darja Nevits and Antonio Pinto not voting)
Lawrence Norris, seconded by Joseph Peznola, moved to approve Petition 2006-02 and grant a Variance from section 7.1.4.2 to allow the parking access and egress inside the structure be 22 feet wide based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the M-1 Industrial District, and;
The shape of the lot and the topography of the lot are unique in relation to lots within the district, and;
Enforcement of the by-law would impose substantial hardship on the Petitioner, and;
Relief of said hardship could be granted to the Petitioner without substantial detriment to the public good.
And with the following condition:
The parking under the structure will be limited to employees and handicapped customers only as shown on the plan.
Vote: 5-0-0, Unanimous (Darja Nevits and Antonio Pinto not voting)
Lawrence Norris, seconded by Joseph Peznola, moved to approve Petition 2006-02 and grant a Special Permit under section 3.3.10 to allow the construction of a retail building and associated infrastructure within the Watershed Protection District based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the M-1 Industrial District, and;
The applicant has submitted to and received all the necessary approvals from the Planning Board and 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;
The use will not have any significant impact on the traffic patterns in the area.
Vote: 5-0-0, Unanimous (Darja Nevits and Antonio Pinto not voting)
Lawrence Norris, seconded by Joseph Peznola, moved to approve Petition 2006-02 and grant a Special Permit under section 5.1.2.1 to allow the expansion of the proposed activity into the adjacent SA Residential District where the zoning line divides an existing parcel of land based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the M-1 Industrial District, and;
The use will not have an adverse effect on present and future dwellings in the vicinity, and;
The use will not create traffic hazards or volume greater than the capacity of the streets effected, and;
The use is in harmony with the purpose and intent of the by-law.
And with the following condition:
No portion of the parking shall be within the residential zone per the plan dated February 13, 2006.
Vote: 5-0-0, Unanimous (Darja Nevits & Antonio Pinto not voting)
Lawrence Norris, seconded by Joseph Peznola, made a motion to come out of deliberation session.
Vote: 5-0-0, Unanimous (Darja Nevits & Antonio Pinto not voting)
Petition 2006-03: 35 School Street
Present: Steve Poole, Consolidated Design Group
Todd Marsh
Mr. Poole presented the Board with a market analysis. Mr. Poole discussed the 25% reduction in profit but the analysis indicated that there isn’t a high demand for low cost projects and also the cost of the wall.
Mr. Peznola told the applicant he has an issue with the market analysis; that comparing the Espenade and Quail Run are like comparing apples to oranges and is drawing the wrong conclusions bases on two very different projects. Mr. Peznola said the Espenade went up very fast in an already saturated over 55 market and Quail Run was slowly released allowing units to be absorbed. Mr. Peznola addressed the issue of hardship and said the design numbers are too high for neighborhood and the small units are too low. A general discussion of the prices of the units and construction costs took place between the Board members. Board did point out that they didn’t want to see the units sit empty if prices to high and wanted to see an improvement to the neighborhood. Mr. Peznola said he would like to see a deed restriction of owner occupied and that
units can’t be rented. Antonio Pinto thought the hardship was self-inflicted. The Board had a discussion of financial hardship and that business attempts in the past have failed, construction of a single family unit on the lot wouldn’t be feasible and that the project would be a nice transition to neighborhood
Colleen Cappucci, 281 Washington Street, expressed concern over the cost of the units and felt that the owner may not be able to sell units at a high cost.
Lawrence Norris, seconded by Joseph Peznola, made a motion to go into deliberation session.
Vote: 5-0-0, Unanimous (Antonio Pinto and Darja Nevits not voting)
Dorothy Risser felt that hardship was proved and feels project is a step forward and brings housing stock into center of town. Mr. Smith concerned about financial hardship and agrees project would be 4-units or not go forward. Mr. Peznola expressed concern over units being owner occupied and not rented and wants this restriction on the deed. Mr. Peznola feels the requirements are met. Mr. Herzog feels the requirements are met.
Lawrence Norris, seconded by Joe Peznola, moved to approve Petition 2006-03 and grant a Variance from section 5.2.4 (b) 4 to allow a 21 foot side yard setback where 30 feet are required based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the C-2 Commercial District, and;
The shape of the lot and the topography of the lot are unique in relation to lots within the district, and;
Enforcement of the by-law would impose substantial hardship on the Petitioner, and;
Relief of said hardship could be granted to the Petitioner without substantial detriment to the public good.
Vote: 5-0-0, Unanimous (Darja Nevits and Antonio Pinto not voting)
Lawrence Norris, seconded by Joseph Peznola, moved to approve Petition 2006-03 and grant a Variance from section 5.2.4 (b) 1 to allow the minimum land area requirement to be 4,700 square feet where 6,000 square feet are required based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the C-2 Commercial District, and;
The shape of the lot and the topography of the lot are unique in relation to lots within the district, and;
Enforcement of the by-law would impose substantial hardship on the Petitioner, and;
Relief of said hardship could be granted to the Petitioner without substantial detriment to the public good.
Vote: 5-0-0, Unanimous (Darja Nevits and Antonio Pinto not voting)
Lawrence Norris, seconded by Joseph Peznola, moved to approve Petition 2006-03 and grant a Special Permit under section 5.3.2.1 (a) to allow the construction of multiple dwellings in the C-2 Commercial District per the site plan dated February 13, 2006 as provided with the petition based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the C-2 Commercial District, and;
The use will not have an adverse effect on present and future dwellings in the vicinity, and;
The use will not create traffic hazards or volume greater than the capacity of the streets effected, and;
The use is in harmony with the purpose and intent of the by-law.
And with the following condition:
All condominium units will be deed restricted to be owner occupied. A draft copy of the deed will be forwarded to the Board for approval prior to the issuance of any occupancy permit.
Vote: 5-0-0, Unanimous (Darja Nevits & Antonio Pinto not voting)
Lawrence Norris, seconded by Joseph Peznola, made a motion to come out of deliberation session.
Vote: 5-0-0, Unanimous (Darja Nevits & Antonio Pinto not voting)
Coolidge Green
The Applicant is requesting to change to market rate units to lottery units and to change the floor plan of some of the houses.
Lawrence Norris, seconded by Joseph Peznola, made a motion to accept the lot changes as presented (Lots 28 & 20 will be lottery units and Lots 14 & 17 will be market units) noting that the change was not substantial.
5-0-0, Unanimous (Darja Nevits and Jim Smith not voting)
Lawrence Norris, seconded by Joseph Peznola, made a motion to accept plans 101, 102, 103 & 111 for use in the Coolidge Greene development noting that the change was not substantial.
5-0-0, Unanimous (Darja Nevits and Jim Smith not voting)
Adjournment:
At 9:00 p.m., Dottie Risser, seconded by Mr. Peznola, moved to adjourn.
Vote: 7-0-0, Unanimous
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