Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— December 14, 2006 page 1
Minutes of Meeting— December 14, 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, Joe Peznola, James Smith, Alan Herzog, Dorothy Risser, Christopher Tibbals, Jennifer Burke, Town Planner and Teresa Vickery, Clerk.
Petition 2006-10: 469 River Road Special Permit
Present: David Rykbost
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Rykbost is seeking a Special Permit to allow motor vehicle repair facilities in an M-7 Industrial District. He informed the Board that 2 years ago he was denied a permit to repair vehicles in the back bays of his building because there was not enough pavement. He has since added 2000 square feet of pavement to the property. Mr. Peznola asked Mr. Rykbost why he did not originally pave the back of the property. He responded that he did not for financial reasons.
Mr. Peznola asked if the new pavement will drain to the catch basin. Mr. Rykbost indicated that it does and that the run off is treated. Mr. Norris asked if the back bays were vacant. Mr. Rykbost stated that they are vacant now but were previously rented. There will be no additional traffic.
Lawrence Norris, seconded by Jim Smith, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Lawrence Norris, seconded by Alan Herzog, moved to approve Petition 2006-10 and grant a Special Permit under sections 5.5.14 and 5.3.3.1 to allow motor vehicle repair facilities in the back bays of the building based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the M-7 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.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Petition 2006-11: Main Street Special Permit
Present were: Christopher Yates, Atty. at Law
Shirley M. Kane
Kathy Kane Adams
Atty. Yates addressed the Board, asking that a special permit be granted to Shirley M. Kane to allow the construction of a 5,500 square foot industrial/office building within the Watershed Protection District in an M-6 Industrial District. The plan has been signed off by the DPW, Police Department, Fire Department and the Planning Board. Atty. Yates pointed out that Mrs. Kane is the second largest taxpayer in the Town of Hudson. The office/industrial space would bring additional jobs and tax revenue to the Town.
The building would use town water and have a private septic system. Two test holes have been dug and both passed the perc test. Mr. Norris asked where the test holes were. Atty. Yates stated that the locations are on the report furnished by the Board of Health. Mr. Peznola stated that the septic system could only accommodate 400 gallons of waste per day and the applicant needs to be conscious of this limitation. Mr. Peznola asked if the applicant would be ok with a condition requiring environmentally friendly lawn care. Atty. Yates did not see that as a problem. Mr. Peznola also asked what model number for the storm ceptor was proposed. It was hard to read on the plan. Mr. Peznola indicated that the model would have to be over 900. One of the reasons for being so cautious is that
as of yet there is no specified use for the building. Mr. Norris wants to see a more definitive plan on the septic system.
The building would follow the natural topography of the land, therefore, not a lot of excavation would be necessary. The building does not directly abut any existing body of water and will not adversely affect any water supply in the area.
Mr. Norris expressed concern about where the entrance to the driveway would be and proposed grades. He felt that the manhole should be out of the travel way. Ms. Burke noted that Tony Marques requested the drain manhole location. Mr. Norris would like to know where the drain line runs and possible eliminate the manhole all together. He was also concern about snow storage. He said that it is illogical, stating that the snow would probably end up getting pushed off the back of the lot. Atty. Yates stated that they had other options for dealing with snow, either hauling off the property or they may seek an easement for snow storage. Ms. Kane wants to be sensitive to the homes on the sides of the building, which is why they decided to push the snow to the back of the building.
Lawrence Norris, seconded by James Smith, made a motion to continue the public hearing for Petition 2006-11 until January 11, 2007 at 7:30 pm.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Minutes
On a motion by Alan Herzog, seconded by Lawrence Norris, made a motion to approve the minutes of November 9, 2006 as written.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Adjournment:
At 8.15 p.m., Dorothy Risser, seconded by Lawrence Norris, moved to adjourn.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
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