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Zoning Board of Appeals Minutes 06/14/07
Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749

Minutes of Meeting— June 14, 2007               page 1
Minutes of Meeting— June 14, 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, James Smith, Alan Herzog, Darja Nevits, Sara Lafluer, Jennifer Burke, Town Planner and Teresa Vickery, Clerk.
Petition 2007-01: Glendale Road Special Permit

The Board is in receipt of a letter from Atty. Yates asking for a continuation.

Joe Peznola, seconded by Darja Nevits, made a motion to continue the public hearing for Petition 2007-01 until August 9, 2007 at 7:30 p.m.

Vote: 5-0-0, Unanimous
Petition 2007-03 Woodrow Street, Variance
Present were:           Paul Giannetti, Atty. at Law
                        Arthur Redding, Redco Realty LLC

Joe Peznola convened the public hearing.
Alan Herzog read the Right of Appeal.

Mr. Redding is seeking a variance under Section Table 1 of the Zoning By-Laws to allow a reduction in frontage from the required 150 feet to 144.58 feet in an SA-8 Single Family District.

Atty. Giannetti informed the Board that this property is just over 5 acres in size.  The center of the parcel has a large wetland area.  Initially when the property was purchased the idea was to build a home on it.  Even though there are conservation issues, Mr. Redding was able to secure an order of conditions which would allow him to build on the parcel.  They want to create a second lot (Lot 2A), which would be a 40,000 Sq.Ft. lot and are seeking a variance for the frontage.   

An unusual ANR plan to create the lot was submitted to the Planning Board.  The Board took no action.  The appeal period has lapsed and the Town Clerk can certify the plan.  Which upon recording will create a buildable lot.    

The plans show a third lot, Mr. Peznola asked what that third lot was.  Atty. Giannetti stated that is a separate parcel that was acquired by Redco Realty Trust and it is a legal non-conforming lot.  

Mr. Peznola asked whether or not the Petitioner considered acquiring land from abutting lots.  Atty. Giannetti informed him that no one was interested in selling their property.  Robert D’Amelio, Planning Board Chairman, noted that none of the lots along Woodrow Street have the appropriate amount of frontage.  

There was a discussion about the ANR plan and the unusual configuration.

Mr. Peznola asked whether they were planning on filling in the wetland and moving a portion to allow for development of the lot.  Atty. Giannetti said yes.

Mr. Peznola inquired about the effect this may have on the commercial lot, would it diminish its future value.  Atty. Giannetti believes that full disclosure will be necessary and he realizes that is not the most desirable situation.  He feels it can be solved by issuance of the variance.

Ms. Nevits expressed her concern about cutting up the parcel into a strange shaped lot in order to make it compliant.  She thinks the variance should be granted because the lot is buildable without it.   

There was no imput from the public.

James Smith, seconded by Darja Nevits, made a motion to go into deliberative session.  

Vote: 5-0-0, Unanimous

Joseph Peznola, seconded by James Smith, moved to approve Petition 2007-03 and grant a Variance from Section Table 1 Intensity Schedule to allow a reduction in frontage from the required 150 feet to 144.58 feet 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 frontage for Lot 2 is 5.42 feet short from the required 150 feet, and;

That owing to circumstances relating to the soil conditions, in that there is a large wetland in the middle of the site, and the shape of the lot is unique, both of which affect this land but not generally affecting the SA-8 zoning district, and;

A literal enforcement of the zoning by-law would involve substantial hardship in that the value of the parcels would be diminished in the implementation of the compliant ANR plan, and;

Relief may be granted without substantial detriment to the public good and without substantially derogating from the intent and purpose of the by-law as the development of the lot can happen as of right and would be no different than the development under this variance.
And with the following conditions:
That the ANR plan entitled “Plan of Land 439 Main Street Hudson, MA” owned by Redco Realty LLC as drawn by Zanca Land Surveying of Stow, MA dated February 7, 2007 not be recorded at the Middlesex South Registry of Deeds.
That a new plan be presented to the Planning Board for signature and approval of the new lot creation.

Vote: 5-0-0, Unanimous

James Smith, seconded by Joe Peznola, made a motion to come out of deliberative session.

Vote: 5-0-0, Unanimous

On a motion by Sarah LaFluer, seconded by James Smith, made a motion to approve the minutes of May 10, 2007.

Vote: 5-0-0, Unanimous


At 8:00 p.m., Joe Peznola, seconded by James Smith, moved to adjourn.

Vote: 5-0-0, Unanimous