Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— July 6, 2006 page 1
Minutes of Meeting— July 6, 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 Town Planner Jennifer Burke.
Minor Modification – Hillside Retirement Community
Present: Lloyd Geisinger, Thorndike Development
David Eastridge, Thorndike Development
Dorothy Risser recused herself.
Lawrence Norris read a letter from Thorndike Construction Corp., which outlined the proposed modifications to the approved site plan for Hillside Retirement Community.
Mr. Geisinger presented the Board with plans that reflect the minor modifications and explained that these changes were a result of geotechnical investigation. Borings on the southern side of the site revealed shist rather than bedrock. Mr. Geisinger explained the modifications in detail and said that sheets # 68, 70 and 71 reflect minor modifications to accommodate grading modifications which were 1:1 and are now 1½ -2:1. The sites along the southern portion of the property are now shown as front loaded instead backloaded as shown in the previous design plans.
Chairman Norris opened the discussion up to the Board. Mr. Smith asked further questions in regards to the slopes and Mr. Peznola expanded the discussion on the method of stabilization. Mr. Eastridge explained the various phases of the development. The sites adjacent to the village green and detention pond would be completed in the first phase. Phase 1 will not touch the modified grading areas. This phase will include utility connections. The second phase will include earthwork and the beginning of cutting and stabilization of the slope. A riprap face will be used in grades 1-1/2:1 and will transition to a 2:1 slope. There was a general discussion in regards to grading, drainage and stabilization. Mr. Norris asked about the location of the drainage and potential impacts to ground water. Mr. Eastridge explained that drainage would be placed
behind the riprap face and walls, and will not impact the ground water.
Lawrence Norris, seconded by James Smith, moved to approve the changes to the Hillside Retirement Community site plan as shown on the plans entitled “ Minor Modifications to the Site Plan in Hudson, MA Technology Drive Hillside Retirement Community” as drawn by Cubellis Associates Inc. dated June 21, 2005 last revised March 29, 2006 and to approve the substitution of plan numbers 7, 10 and 40 with the changes affecting building numbers 68, 70, and 71 finding that there is no major modification and no new hearing is required.
Vote: 5-0-0, Unanimous
Petition 2006-04: 12 Wheeler Road
Present: Lloyd Geisinger, Thorndike Development
David Eastridge, Thorndike Development
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Norris read a letter from Lloyd Geisinger dated June 26, 2006 into the record. The letter further outlines the need for the additional variance.
Mr. Geisinger reviewed the site plan to the Board. The plan shows detached homes in response to grading impacts and reflects a minimum of 12’ and an average of 15’ of distance between homes. This will allow wider backyards and homes that are wider and squatter that will be away from steep slopes and create a buffer from the retaining wall.
Mr. Norris asked about the definition of this 12’-15’ space. The Applicant responded that the space is defined as the widest articulation on each house. Mr. Penzola asked if the buyers had a choice to the style of home they would like on the site or would it be predetermined. Mr. Geisinger explained that homes would automatically be placed on the lots that have issues or challenges. The lots that did not have issues would allow homeowners to pick the style home they desired from a selection provided by the builder. Similar homes would not be placed next to each other and as styles were selected and filled, these styles would be dropped out of the selection process.
There was no input from the public.
Joseph Peznola, seconded by Jim Smith, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous
Mr. Peznola noted that the language should be specific for Jeff Wood to determine compliance.
Joseph Peznola, seconded by James Smith, moved to approve Petition 2006-04 and modify the Variance from section 5.8.1.2 (c) to allow the distance to be no less than 12 feet with an average of 15 feet as measured at each articulation between buildings 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 soil conditions, being arsenic contamination and steep topography, a hardship would be created if the Zoning Bylaw were literally enforced in that the significant topographical issues and the arsenic contamination which requires clean up as dictated by MA DEP could not be addressed in an acceptable and financially feasible manner, 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 seeing that an average of 15 feet between structures is being provided.
Vote: 5-0-0, Unanimous
Alan Herzog, seconded by James Smith, made a motion to come out of deliberative session.
Vote: 5-0-0, Unanimous
Dorothy Risser returned to the Board.
Petition 2006-5: 12 Russell Street
Present: Paul Giannetti, Atty. at Law
Paul Davis
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
The Board and Applicant had a general discussion in regards to the tax title assignment and whether the Applicant has standing before the Board. Atty. Giannetti felt that the tax title assignment offered more standing than a P & S. The Applicant has filed foreclosure documents. Atty. Giannetti will provide those to the Board. The average foreclosure process takes from 9-12 months. They are 6 months into the process. Jennifer Burke, Town Planner, asked the Board if they would like documentation of the foreclosure to be sent to town counsel for review. The Board felt that was not necessary. Ms. Risser had some questions about the foreclosure process and was told by the Applicant that a P&S agreement is not better documentation than foreclosure documentation, because a P&S is contingent on a title.
Atty. Giannetti presented a sketch of the property, which showed a 17,863 sq. ft. lot, with a house and a 2-car garage. It was explained that the proposed house complies with side yard setbacks but not the front and rear setbacks. The Applicant wants to accommodate a large front yard for privacy as well as a driveway and garage. The Applicant is requesting this Variance due to uniqueness from the unusual shaped lot.
Ms. Risser asked if the applicant had looked at section 6.4.1 to see that applies in this case. Mr. Penzola asked the applicant why the lot is not considered a corner lot, which would allow the house to be repositioned and not require a variance.
Members of the Board expressed concern with the hardship. The Board felt it was a self imposed hardship.
The Applicant requested the Board to continue the hearing until August in order to have the Building Inspector look at the lot to make a determination regarding corner lot status.
Luis Macedo, 17 Lincoln Street, questioned the fence that was recently removed and expressed his concern over potential parked cars. He also asked about the accuracy of the survey. There may have been some trees cut that are not on the Applicant’s property.
Lawrence Norris, seconded by James Smith, made a motion to continue hearing for Petition 2006-05 to August 10, 2006 at 7:30pm.
5-0-0, Unanimous (Dorothy Risser not voting)
Discussion of Candidates for Associate Member
The Board received three applications for the position of Associate Member: Sara Lafleur, Allen Boemer and Arthur Gordon. Both Sara Lafleur and Allen Boemer were present and introduced themselves to the Board.
Ms. Lafleur told the Board that she is a lifelong resident of Hudson. She has attended and graduated from law school, but does not practice. She is currently a stay at home mom and is interested in performing community service.
Mr. Boemer, a semi-retired Architect with many years of experience, moved to Hudson and resides at Quail Run. He told the Board he is interested in supplementing his part time work with community service. He explained that he has been affiliated with Boards and Committees and knows the procedures.
Mr. Norris thanked the candidates and told them that the Board would review all the applicants and make recommendations to the Board of Selectman for their next meeting on July 17, 2006. The Applicants will be notified shortly after this date.
The Board had a general discussion of the Applicants who applied and will be making recommendations to the Selectman for their July 17, 2006 meeting.
Adjournment:
At 9:10 p.m., Dorothy Risser, seconded by Joseph Peznola, moved to adjourn.
Vote: 6-0-0, Unanimous
| 
