Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— August 10, 2006 page 1
Minutes of Meeting— August 10, 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, Darja Nevits, Sara LaFleur and Town Planner Jennifer Burke.
Petition 2006-5: 12 Russell Street
Present: Paul Giannetti, Atty. at Law
Mr. Norris read a letter into the record dated August 10, 2006 from Atty. Giannetti asking to withdraw the petition without prejudice.
Joseph Peznola, seconded by James Smith, moved to allow the Applicant to withdraw Petition 2006-05 without prejudice.
Vote: 5-0-0, Unanimous (Darja Nevits, Dorothy Risser and Sara LaFleur not voting)
Petition 2006-6: 6 Loring Street
Present: Paul Giannetti, Atty. at Law
Doug Hyde, Test Devices
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Atty. Giannetti reviewed the petition with the Board. The lot is in the SB zoning district. It is a corner lot that fronts on Loring Street and Vila do Porto Blvd. He presented a colored map showing the are on the lot with in the setback requirements. The only available area is the loading area for the building.
The tanks were installed in January 2006 with an electrical permit and appropriate inspections. The Applicant was not aware he needed to meet the setback requirements. After a fire in 1995, three tanks were installed in 1997 within the area of the fire. Due to a new contract, the additional tanks were required. This was the only practical spot available.
Atty. Giannetti noted his client had spoken with the DPW regarding vehicular safety. There is mitigation that can be done including extending and repairing the existing guardrail and change the curbing where trucks enter and exit off Vila do Porto Blvd. He said that his client is working to address noise issues. He stated that the shape of the lot within the district is unique because it is a triangle and that the contract necessitate the extra tanks and it would be a financial hardship if forced to vacate the property.
Mr. Norris asked what was being compressed and what was in the tanks. He was told air. Mr. Smith asked what happens if something hits the tank. Mr. Hyde said the tanks would split and the air would leak out.
Mr. Peznola asked about noise reduction. Mr. Hyde indicated that they had commissioned two engineered studies. The most practical option is to construct a 10-foot tall fence along Vila do Porto and hang an acoustic reflective curtain. On the Loring Street side, they would construct an 8-foot tall wooden fence to reflect the sound back. Mr. Pinto asked what the sound levels were currently and what the state requirement is. When all five compressors are running the noise is at 89 dba. The state maximum is 66 dba.
Ms. Risser confirmed that only air was in the tanks and that the Applicant was 7 years passed zoning protection of rebuilding after the fire.
Victor Monteiro, Loring Realty Trust, asked if the tanks will be moved. He was told that the applicant would like the tanks to stay in place.
Ms. Burke asked if the Applicant had anything in writing from DPW to confirm the mitigation measures. Atty. Giannetti said that they did not but could provide something.
Mr. Peznola said that he was grappling with the detriment to the public good. He would like something more substantial to ensure that the applicant will proceed with noise reduction measures.
Joseph Peznola, seconded by James Smith, moved to continue the public hearing for Petition 2006-06 until September 14, 2006 at 7:30 pm.
Vote: 5-0-0, Unanimous (Darja Nevits, Dorothy Risser and Sara LaFleur not voting)
Minutes
Lawrence Norris, seconded by Alan Herzog, moved to approve the minutes of July 6, 2006 as corrected.
Vote: 8-0-0, Unanimous
Accessory Dwelling Units
Ms. Burke presented a proposed bylaw to the Board regarding Accessory Dwelling Units. The Planning Board will be discussing the bylaw at its meeting on Tuesday. The Board had some technical questions and corrections to language. There was a brief discussion of the bylaw merits. Ms. Nevits spoke against the proposal. Mr. Peznola spoke in favor of the proposal. Other members spoke more generally about the proposal.
Adjournment:
At 8:15 p.m., Dorothy Risser, seconded by Joseph Peznola, moved to adjourn.
Vote: 8-0-0, Unanimous
| 
