Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting— September 20, 2007 page 1
Minutes of Meeting— September 20, 2007
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, Alan Herzog, Darja Nevits, Dorothy Risser, Christopher Tibbals and Jennifer Burke, Town Planner.
Petition 2007-01: 1 Glendale Rd., Special Permit
Present was: Christopher Yates, Atty. at Law
Mr. Norris began by informing Atty. Yates that only four of the five original voting members were present at this meeting. He asked him if it was OK to proceed. Atty. Yates stated he had no issue with proceeding. Mr. Norris asked Atty. Yates to review the petition for those not previously present.
Atty. Yates explained to the Board that the applicant is seeking a special permit for the home at 1 Glendale Road. It is a pre-existing, non-conforming structure prior to 1957 and is located in the SA-8 zoning district. The home has been owned by the current owner since 1979 and has been a two family dwelling since 1957.
The applicant has already appeared before the Board of Health and the Conservation Commission. Atty. Yates informed the Board that a new septic system is being installed.
The Internal Traffic Committee approved the project, with conditions this past June and the Planning Board approved it in July. The Conservation Commission approved it earlier in the evening. The only exclusion from the ConCom was accepting the inclusion of the riverway through the property.
Mr. Peznola asked a question regarding the signage of the plans, stating that only the existing conditions plan is signed by the Internal Traffic Committee. Ms. Burke stated that this should not be a problem. The Planning Board has signed the site plan.
Mr. Norris requested some clarification about the parking. Atty. Yates explained where the parking is to be located.
Mr. Peznola asked if it was correct that they were seeking a special permit under section 5.1.6.1, or if it would make more sense to seek the permit under section 5.1.6.2. Atty. Yates stated that he thought 5.1.6.1 is the correct section of the Zoning By-Laws.
Mr. Peznola then inquired whether Jeff Wood has had an opinion regarding the use of the breezeways to connect the units. Atty. Yates stated that Mr. Wood regards this as one continuous structure, and that he approved the petition at the Internal Traffic meeting as presented. Ms. Burke states that these breezeways need to be enclosed and not just connected by a roof.
Alan Herzog, seconded by Dorothy Risser, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Mr. Peznola explained that while he does not like the petition set forth he is inclined to vote in favor of it due to its location and surroundings.
Ms. Risser stated that she also does not like the petition. She believes that this is not an addition, however only because of the site of the dwelling will she vote in favor of granting the special permit. Mr. Tibbals, Mr. Herzog and Ms. Nevits are expressed similar feelings but were also inclined to vote in favor of it.
Mr. Norris said that one of the reasons he was in favor of granting the special permit was that this would keep industrialization/commercialization away from this section of Town. He also expressed his concern with the connection of the buildings.
Lawrence Norris, seconded by Joseph Peznola, moved to approve Petition 2007-01 and to grant a Special Permit under Section 5.1.6.1, to allow for the conversion of the existing two family dwelling into a four family dwelling as shown on the plan entitled “Site Plan 1 Glendale Road” as drawn by Consolidated Design Group, Hudson, MA dated June 12, 2007 last revised June 30, 2007, 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, and;
The use will not create traffic hazards or volume greater than the capacity of the streets effected, and;
The home was in existence as a two family dwelling at the time of adoption of the by-law.
And with the following conditions:
The dwelling will be one single structure inclusive of walls that will only be punctured by egresses as shown on the architectural plans submitted on August 9, 2007.
The dwelling will be owner occupied in perpetuity.
The two-car garage shall not be converted to living space or used for storage.
A conversion of the units to condominium will require a modification to this permit.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Alan Herzog, seconded by Dorothy Risser, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Petition 2007-05: 69 Hunter Ave., Variance
Present was: Christopher Yates, Atty. at Law
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Atty. Yates explained that the applicant is seeking a variance under section 6.3.1 of the Zoning By-Laws. The current owner has owned the home since 1979. The existing structure is a single family home with no gargage. The applicant is seeking to construct a 28’ x 28’ one and one half story garage in the front yard in a SB Single Family District. The reason for constructing the garage in the front is that it would be further away from Lake Boone.
The applicant is claiming a financial hardship, citing that the cost of alternative storage would be costly.
Ms. Risser notes that the deed shows a right of way for the houses to the rear. Mr. Flynn states that he does not think so. However, Atty. Yates stated that whether or not it exists it is not in use.
Atty. Yates had stated that building the garage on the side or the back of the house near the lake would be very expensive and time consuming. Mr. Norris asked Atty. Yates what his recourse would be if the Board did not grant the variance and the applicant had to build the garage near the lake. Atty. Yates stated that they would file under Chapter 91, Section 35.
Mr. Norris asked why the garage needed to be one and one half stories high. The applicant is hoping to use the space above for storage purposes.
Mr. Peznola asked whether they had explored other options, such as the use of a breezeway between the house and garage, so as to construct the garage on the side of the house instead of the front. Mr. Flynn explained that the interior configuration of the house would not allow for this option.
Joseph Peznola, seconded by Lawrence Norris, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Mr. Tibbals expressed his dissatisfaction with the applicant’s reasons for the financial hardship. He thinks that Mr. Flynn could make other accommodations to store his boat.
Ms. Risser recommends that there be no construction within the right of way. However, Mr. Norris explains that the Board cannot condition a variance.
Ms. Burke noted that the voting members were Mr. Norris, Mr. Herzog, Mr. Peznola, Ms. Risser and Mr. Nevits.
Joseph Peznola, seconded by Dorothy Risser, moved to approve Petition 2007-05 and grant a Variance from Section 6.3.1 to allow the construction of a 28’ x 28’ one and one half story garage in the front yard in accordance with the plans submitted with the petition based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in the SB Single Family District, and;
That owing to circumstances relating to the soil conditions and topography, in that the property abuts Lake Boon, there are wetland issues on the property and the topographic relief along the sides of the property, and the shape of the lot is unique in that the property is wider along the frontage than to the rear of the property, both of which affect this land but not generally affecting the SB zoning district, and;
A literal enforcement of the zoning by-law would involve substantial financial hardship in that the owner’s boat could be damaged or destroyed without coverage of a garage, 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 in that the placement of the garage will require minimal additional impervious surface.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Petition 2007-06: 22 Winter St., Special Permit
Present was: Joe Moreira, Atty. at Law
Glen Davis, Glen Davis Architects
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. Armindo Chaves is seeking a Special Permit under Section 5.16.1 of the Zoning By-Laws to allow the conversion of a two family dwelling to a three family dwelling in an SB Single Family District.
Atty. Moreira began by explaining to the Board that the existing dwelling has two floors with a third floor that is currently not in use. The applicant would like to create a unit of four rooms; two bedrooms, a dining room, living room and one bathroom. He wants to push out two of the dormers to each side of the building. There are 43 direct abutters to the property, 19 of which are two family units, five are three family units and eight are four family dwellings. Atty. Moreira believes that adding another multi-family unit would be compatible to the existing neighborhood. The creation of the three family dwelling would be in harmony with the by-law and would not be more detrimental to the existing use.
The driveway would have sufficient space to park eight vehicles, six stacked vehicles on one side of the house and the other two to the right side, which already exists and is paved.
The house would be owner occupied, however this is not a permanent situation. Atty. Moreira added that many of the abutting properties are not owner occupied. He believes that this would add to the affordable housing stock in town and would improve the appearance of the property.
Mr. Davis informed the Board that there would be an upgrade of fire safety throughout the house. He also stated that a balcony would be added to the second floor unit in order to facilitate getting the furniture into the third unit. A deck area would also be included on all floors.
Mr. Norris stated that the plan needs to reflect side and rear setback for all the decks. Mr. Peznola thinks that the land may need to be surveyed to address the question regarding the setback of the decks. He added that a variance may need to be sought.
Lawrence Norris, seconded by Dorothy Risser, made a motion to continue the public hearing for Petition 2007-06 until October 11, 2007 at 7:30 p.m.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Petition 2007-07: 42 Woodrow St., Variance
Present was: Paul Giannetti, Atty. at Law
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Mr. O’Connell is seeking a Variance from Section 6.2.1.3 of the Zoning By-Laws to allow the construction of a single car garage 6.6 feet from the side lot line in an SA-8 Single Family District.
Atty. Giannetti informed the Board that this addition complies with frontage requirements, however it does not conform to the 10-foot side setback that is required. The applicant is proposing a 16’ x 24’ garage addition to the existing dwelling.
The only other option would be to construct the garage at the back of the house. However, there is a patio, a deck and a set of stairs that would need to be removed. The applicant does not see this as a satisfactory location and it does not fit in with his reasons for wanting the addition.
Atty. Giannetti stated that the addition would blend well into the existing structure.
Linda Lapointe, 44 Woodrow St. expressed her concern for the value of her property. She also stated that there is a serious water problem in this area and feels this may adversely affect the water table. She had requested that the Board recommend the applicant plant vegetation between the homes in order to ensure her privacy.
Ms. Lapointe believes that there are better options for Mr. O’Connell. She suggested that he build his addition on the other side of the house because there is more room to build there. Mr. Norris informed her, according to the plans the property on the other side is 3 feet smaller.
Contractor Rick Swanfeldt addressed the comment regarding the water table. He stated that any of the drainage that comes from the roof travels down into a spout that is directed toward the back of the property, away from any abutting properties.
Atty. Giannetti stated that the applicant would be willing to relocate the windows in order to address the neighbor’s privacy issues.
Ms. Risser asked if the applicant had investigated constructing the garage within the home. Atty. Giannetti said that this would require a lot of structural work and the loss of a room within the home.
Mr. Norris asked why the garage needs to be 16 feet wide. Atty. Giannetti stated that this is the standard blueprint for a single car garage. Ms. Nevits argues that the applicant does not have the right to have a 16-foot wide garage. She asks why Mr. O’Connell does not construct a 12-foot wide garage in order to stay within zoning regulations.
Mr. Norris requests that the applicant seek other alternatives and return to the Board with more information regarding other options.
Atty. Giannetti stated that he will have Tom DiPersio recalculate the numbers to see how big the garage would need to be for a 10 foot set back and whether or not this would create a hardship for the applicant.
Lawrence Norris, seconded by Dorothy Risser, made a motion to continue the public hearing for Petition 2007-07, until October 11, 2007 at 7:30 p.m.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Petition 2007-08: 5 Hammond Circle Special Permit
Lawrence Norris convened the public hearing.
Alan Herzog read the Right of Appeal.
Kathleen O’Halloran, David Figueiredo and Staci Figueiredo are seeking a Special Permit under Section 5.2.6.4 of the Zoning By-Laws to allow the construction of an Accessory Dwelling Unit (ADU) in an SA-7 Single Family District.
Mr. Figueiredo, the applicant began by explaining that he is seeking this special permit due to the health concerns of his mother in-law.
The house will be approximately 24,000 sq. ft and the applicant is proposing an ADU that would measure 36’ x 24’. The garage would be under the ADU.
Mr. Peznola asked for a better configuration on the parking. The current configuration shows that the vehicles would be stacked, Mr. Peznola requests one without stacking.
Mr. Norris asked if the applicant had an affidavit stating the Ms. O’Halloran would be living in the ADU. Mr. Figueiredo presented the Chairman with the proper documentation and it was entered into the record.
Howard Boardman, 23 Curley Drive asked for a brief explanation of the ADU by-law. After Ms. Burke explained the by-law Mr. Boardman requested that the Board not approve the Special Permit.
Susan Rabaut, 21 Curley Drive expressed her concern regarding the part of the by-law that pertains to the renting of the ADU.
Robert Goudreau, 15 Curley Drive asked whether there was a limit to the number of these permits that can be granted in Hudson. Mr. Norris said that there was not.
Mary Egan, 68 Brigham Street asked if there were any limitations regarding who can rent out the unit. Ms. Burke said no.
Joseph Peznola, seconded by Lawrence Norris, made a motion to continue the public hearing for Petition 2007-08, until October 11, 2007 at 7:00 p.m.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Petition 2006-06: 2-6 Loring St.
The Board is in receipt of a letter from Atty. Giannetti dated September 19, 2007, requesting an extension of time to install the sound absorption materials at Test Devices, Inc., until December 31, 2007.
The Board had no issues.
Lawrence Norris, seconded by Dorothy Risser, made a motion to extend the time to complete the installation of sound absorption materials for Petition 2006-06 until December 31, 2007.
Vote: 5-0-0, Unanimous
Minutes
On a motion by Joseph Peznola, seconded by Darja Nevits, made a motion to approve the minutes of August 9, 2007.
Vote: 5-0-0, Unanimous
Adjournment
At 10:45 p.m., Joe Peznola, seconded by Lawrence Norris, moved to adjourn.
Vote: 5-0-0, Unanimous
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