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Zoning Board of Appeals Minutes 11/09/06
Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
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Minutes of Meeting— November 9, 2006            page 1
Minutes of Meeting— November 9, 2006
The Hudson Board of Appeals met in the Selectmen’s Hearing Room, Town Hall, Hudson, Massachusetts.  At 7:15 p.m., Chairman Lawrence Norris called the meeting to order.
Present:        Lawrence Norris, James Smith, Alan Herzog, Dorothy Risser, Darja Nevits, Sara LaFleur and Town Planner Jennifer Burke.

Consideration of Associate Member Vacancy
Mr. Christopher Tibbals introduced himself to the Board and expressed his interest in being a member of the Zoning Board.

Mr. Norris began by thanking Mr. Tibbals for his interest in the Zoning Board.  He then asked Mr. Tibbals why he wants to volunteer for the town and more importantly, why he is interested in the Zoning Board.  

Mr. Tibbals answered by explaining that 14 years ago he moved into town and thinks this is just a great place to live and raise a family.  He is currently serving on the Economic Development Committee and thinks that his experience there will help give him a better perspective of issues that are brought before the ZBA.  

Mr. Norris invites him to stay through the meeting and observe.

Petition 2006-9: 181 Manning Street
Present:        Joe Moreira, Atty. at Law
                Daniel P. Moreira
                Glenn  Davis, Architect

Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.

Atty. Moreira addressed the Board, he explained that Mr. Moreira’s home at 181 Manning Street is a 2.5 story Dutch colonial home with four bedrooms.  Mr. Moreira  has come before the Board to ask that a special permit be issued in order for him to build a 3-car garage in the rear of the building at ground level with an apartment above it.  Atty. Moreira explains that the profile of the addition would be lower than the existing profile of the home.  He also stressed that the character of the exterior of the home would not change as a result of the addition.

Atty. Moreira told the board that Mr. Moreira would be more than willing to add a second egress to the home.  The architect suggested that they could use a set of sliding doors off the master bedroom as an egress.  Mr. Norris stated that the second egress needs to be on the north side of the dwelling.  

Mr. Davis then addressed the Board .  He explained that the site is flat and that drainage problems are not anticipated and that the vegetation at the back of the property could be used a natural barrier or catch basin.  Ms. Risser asked if town water and sewer is utilized.  Mr. Moreira said that yes it is.  

Ms. Nevits asked if the fences would come down as well as the shed.  Mr. Davis replied that some of the stockade fence would come down.  Atty. Moreira added that some of the fence would remain in order to separate the properties.  Some of the fence is in the paper street however, it has been there for years.  

Lawrence Norris, seconded by Jim Smith, made a motion to go into deliberative session.

Vote: 5-0-0, Unanimous (Sara LaFleur not voting)

Lawrence Norris, seconded by James Smith, moved to approve Petition 2006-09 and to grant a Special Permit under Section 5.2.3.1 (i), to allow for the conversion of the existing single family dwelling into a two family dwelling as shown on the plans by Glenn R. Davis Architect, Hudson, MA dated September 10, 2006 and the Proposed Site Plan 181 Manning Street Hudson, MA as drawn by Zanca Land Surveying of Stow, MA dated October 6, 2006, 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 use will not have an adverse effect on present and future dwellings in the vicinity in that many of the surrounding building are already multiple family dwellings, and;

The use will not create traffic hazards or volume greater than the capacity of the streets effected, and;

The home was in existence at the time of adoption of the by-law, and;

The dwelling will maintain the character of a single-family dwelling.
And with the following conditions:

The final plans to the Building Commissioner need to comply with the parking requirements.
There shall be a second egress on the North side of the structure.
The dwelling will be owner occupied except for bona fide temporary absences.

Vote: 5-0-0, Unanimous (Sara LaFleur not voting)

Alan Herzog, seconded by James Smith, made a motion to come out of deliberative session.

Vote: 5-0-0, Unanimous (Sara LaFleur not voting)

Administration

Mr. Norris proposed that Ms. Burke prepare the proper paperwork to elevate Ms. Nevits to full member of the Board.  The Board concurred.

Ms. Risser stated that she is in favor of recommending to the Board of Selectmen that Mr. Christopher Tibbals be appointed as an associate member of the Board and everyone agreed.  

Ms. Nevits nominated Mr. Peznola as Vice Chairman of the Board and everyone agreed.

Minutes

On a motion by Alan Herzog, seconded by Darja Nevits, made a motion to approve the minutes of September 14, 2006 as written.

Vote: 6-0-0, Unanimous

Adjournment:

At 8.15 p.m., Dorothy Risser, seconded by Lawrence Norris, moved to adjourn.

Vote: 5-0-0, Unanimous