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Zoning Board of Appeals Minutes 04/12/07
Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749

Minutes of Meeting— April 12, 2007
                page 1
Minutes of Meeting— April 12, 2007
The Hudson Board of Appeals met in the Selectmen’s Hearing Room, Town Hall, Hudson, Massachusetts.  At 7:30 p.m., Vice Chairman Joe Peznola called the meeting to order.
Present:        Joe Peznola, Dorothy Risser, Darja Nevits, Sara Lafluer, Christopher Tibbals, Jennifer Burke, Town Planner and Teresa Vickery, Clerk.

Petition 2007-01:  Glendale Road Special Permit
Present were:   Christopher Yates, Atty. at Law
                        Rich Jusseaume, Atty. at Law
                        Jose M. Matos, Property Owner

Joe Peznola convened the public hearing.
Dorothy Risser read the Right of Appeal.

Mr. Matos is seeking a Special Permit under Section 5.1.61. of the Zoning By-Laws to allow for the expansion of a two family dwelling to a four family dwelling in a SA-8 Single Family District.   

Atty. Yates informed the Board that Mr. Matos has owned the home since 1979 and it was a two family dwelling before the change in the zoning by-laws in 1957.  He explained that the home is on a large lot that is just under an acre of land and will allow for ample parking spaces to be added.  He believes that the expansion of the dwelling will not adversely affect the traffic volume.   Main Street, Forest Avenue and Glendale Road are all well equipped to handle the increase in traffic volume.  

The abutters to this property do not directly abut the property.  It is the only residential dwelling on this section of road.  

Atty. Jusseaume addressed the Board.  He stated that so long as the expansion does not change the character of the non-conforming use the Board could not deny the special permit.  He then sited similar cases in Massachusetts that were brought before the Supreme Court.  The outcome in all of the cases was that as long as the usage of the property does not change the expansion could be allowed.  He stressed that the change in use of the property would be the problem, not the expansion of the same use.  He then reminded the Board of the criteria needed to issue a special permit.  

Mr. Peznola stated that he is troubled by the application because of previous action that the Board has taken with respect to prior applications of this kind.  In the past the Board has considered applications of this nature to be a change in the use of the dwelling.   

He then added that he feels that the plans show one building with two independent buildings on either side that are linked by a ‘breezeway’.  He believes that this seems to be a gesture to link, so it appears to be one building.

Mr. Peznola also stated that he is not comfortable acting until he sees the 10 parking spaces in the plan that are required.  The curb cuts, relative to where the stop lines are on the road, need to be outlined on the plan, as well.

Atty. Jusseaume contends that the Planning Board is the entity that would deal with safety issues of the expansion (i.e. parking), not the Zoning Board, which deals with issues of usage.

Ms. Nevits maintained that the character of the building is indeed part of the Boards criteria in issuing a special permit (which includes parking).  In order to make a determination as to whether or not to issue the permit all aspects of aesthetics should be considered.  

Mr. Peznola notified the applicant that he wants to see a parking layout on the next set of plans.  

The Board had a general discussion about the project obtaining site plan approval from the Planning Board.  It was determined that site plan approval would indeed be required by the Board.  

There was no input from the public.

Dorothy Risser, seconded by Darja Nevits, moved to continue the public hearing for Petition 2007-01 until May 10, 2007 at 7:30 pm.

Vote: 5-0-0, Unanimous

WestRidge Retirement Community
Present was:            David Eastridge, Thorndike Development
Dorothy Risser recused herself from the Board.

Mr. Eastridge presented the plan to the Board. The modifications result in 4 less units being built.  Most of the changes involved slightly shifting road locations and unit placements.  This would allow all the models to be clustered together.  He believes this would alleviate traffic along Technology Drive as well as reduce the amount of water and sewer needed for the site.  Mr. Eastridge stated that he has shown the plans to Tony Marques and he is pleased with the modifications. He also stated that all of the changes proposed are internal to the site and the original engineering remains intact.

Mr. Peznola asked if there would be any reduction in the amount of parking spaces.  Mr. Eastridge stated that the amount of parking spaces would change only in relation to the reduction in the number of units.

Joe Peznola, seconded by Darja Nevits, made a motion to accept modifications to approved site plan – Petition 2005-20 and accept the plans dated February 9, 2007, noting that the change was not substantial and did not require reopening the public hearing.

Vote: 4-0-0, Unanimous

Dorothy Risser returned to the Board.

Coolidge Green

Ms. Burke is in receipt of a letter from the developer stating that he would like to relocate one of the affordable units from #12 to #13 on the plan.  

Bob Barrell, Hudson Housing Authority does not have any concerns with the new plans.  

The Board wants to see a map of the development showing the location of all affordable units in order to confirm their proper distribution.

On a motion by Dorothy Risser, seconded by Sara LaFleur, made a motion to approve the minutes of January 11, 2007 as written.

Vote: 5-0-0, Unanimous


At 8:45 p.m., Joe Peznola, seconded by Darja Nevits,  moved to adjourn.

Vote: 5-0-0, Unanimous