Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749
Minutes of Meeting – January 17, 2008 page 1
Minutes of Meeting— January 17, 2008
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, Sara LaFleur, Dorothy Risser, Christopher Tibbals, Darja Nevits, Alan Herzog, Teresa Vickery, Clerk and Jennifer Burke, Town Planner.
Petition 2007-06: 22 Winter Street, Special Permit
Present were: Jose Moreira, Atty. at Law
Armindo B. Chaves
Glenn Davis, Architect
Atty. Moreira reminded the Board that Mr. Chaves is seeking a special permit to convert a two family dwelling to a three family dwelling in an SB Single Family District. The third unit would be added to the top level of the building. The current height of the building would be maintained, as well as the character of the home. The permit would fall under section 5.1.6.1 of the zoning by-laws because this is a prior existing non-conforming structure.
When the Board last met there were two issues they needed clarified. The first was to include parking dimensions on the plan. A new parking plan has been submitted which shows that the parking has been extended to the rear of the building. The second issue was regarding the set back requirements at the back of the building. The stairs needed to be reoriented in order to comply with set back requirements, which has also been done.
The owner currently occupies one of the units in the home; however, Atty. Moreira informed the Board that Mr. Chaves does not wish to remain there for long. His plan is to eventually buy and move into a single family home in Hudson. Atty. Moreira asked that the Board waive the condition of owner occupancy or perhaps limit the amount of time Mr. Chaves would be required to reside there. Mr. Peznola briefly explained to the applicant why the Board requires the owner occupy one of the units. The major reason is to protect the neighbors from a situation where the landlord is absent and the tenants do not care about the property or those around them. Ms. Risser explained that perhaps the owner occupancy issue could be addressed by having the applicant come back for a modification if Mr. Chaves attempts to sell the
property and cannot with this condition attached to the sale. Ms. Nevits echoed the concerns of Mr. Peznola, regarding what would happen if the property is sold to an absentee landlord.
Mr. Norris asked what impact this would have on the traffic. Atty. Moreira does not believe that this will impact the volume or the pattern of traffic significantly.
The issue of the rear setback violation was addressed. Atty. Moreira reviewed that the stairs for the back egress extend into the rear year setback. The Board was concerned about how far out the stairs came out at the back of the building relative to the neighboring property. Mr. Norris asked Mr. Davis if the stairs could be reconfigured. Mr. Davis said that this would entail a structural change to the back end of the house, however this is a significant undertaking and it would diminish the area of the interior of the building. Ms. Risser noted section 6.2 and that the setback did not apply because these stairs are to be used as an egress for safety purposes.
Joseph Peznola, seconded by Dorothy Risser, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous (Darja Nevits & Sara LaFleur not voting)
The Board continued the discussion regarding owner occupancy. The Board unanimously feels that the condition of owner occupancy needs to remain in the set of conditions for approval.
Lawrence Norris, seconded by Dorothy Risser, moved to approve Petition 2007-06 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 three family dwelling as shown on the plan entitled “Proposed Site Plan of 22 Winter Street in Hudson, MA” as drawn by Thomas Land Surveyors, Hudson, MA dated October 29, 2007 last revised December 3, 2007 and the architectural drawings entitled “Site Plan Proposed Multi-Family Modifications 22 Winter Street Hudson, MA 01749” as drawn by Glenn R. Davis, AIA of Hudson, MA dated September 2007, 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;
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 condition:
The dwelling will be owner occupied in perpetuity.
Vote: 5-0-0, Unanimous (Darja Nevits and Sara LaFleur not voting)
Lawrence Norris, seconded by Dorothy Risser, made a motion to come out of deliberative session.
Vote: 5-0-0, Unanimous (Darja Nevits & Sara LaFleur not voting)
Petition 2007-10: 50 Lincoln St., Special Permit
Present was: Paul Giannetti, Atty. at Law
Mr. Peznola recused himself.
The continuation of the public hearing began with Mr. Norris reading two letters from Ms. Joan McDonald of 4 Hapgood Street into the record. The letters were dated December 13, 2007 and January 17, 2008. The letters stated her dissatisfaction with the existing conditions at 50 Lincoln Street and her feeling that these conditions will only worsen if the special permit is granted.
Mr. Norris explained that the Zoning Board can only take into account issues relative to the zoning regulations of the property, not behaviors. Mr. Norris went on to say that this is under the jurisdiction of the Police Department.
Atty. Giannetti explained that the opinion of the abutters seems to be equally divided and cautioned that the Board only take into account the opinion of those who are present.
Patrick Manzo, 61 Warner Street furnished the Board with several photographs taken which illustrate the hazardous traffic conditions with regards to snow storage and removal.
Atty. Giannetti explained that the applicant purchased the property in 1998. At the time of purchase, Mr. Santos believed the house was a three family dwelling. The basement of the home has been partly converted into an apartment. The applicant completed the conversion and even lived there for a period of time.
On August 29, 2007 Mr. Wood sent Mr. Santos a cease and desist letter. The premises were subsequently vacated and the applicant is now going through the proper channels to obtain a special permit.
Atty. Giannetti explained that Mr. Santos does not currently live at 50 Lincoln Street. However if the special permit is granted the third unit of the home will be occupied by his brother who will in turn purchase the rights to half of the building, thus making it owner occupied.
When the Board last convened the applicant was instructed to have the north arrow corrected on the plan, which has been done. The Board also requested that the two easements be located and reflected on the plans, this has also been done.
Atty. Giannetti explained the parking situation to the Board. He informed them that the existing parking spaces (1, 2 & 3) comply with the Town’s dimensional requirements. The new spaces (4,5 & 6) would get the cars off the street and two more spaces would be created on the Lincoln Street side of the house. Two areas were designated on the plans as snow storage areas.
Mr. Tibbals and Ms. Nevits find the areas for snow storage to be impractical. Atty. Giannetti stated that the legal requirements for snow storage have been addressed, which is what is expected of the applicant.
The major concern of all members of the Board was the saturation of the parking on the site, as well as the impact to traffic and the surrounding neighborhood. The addition of more spaces will prevent adequate sight distance and will require vehicles to back into significant traffic on Lincoln Street. Atty. Giannetti contends that the current parking conditions will improve if the permit is granted. Mr. Manzo expressed his concern for public safety. He cited a few instances when he had to back up in order to allow a vehicle entering from Lincoln Street to drive into Hapgood Street. He also informed the Board that he had recently seen a bus get hung up on the snow pile. Mr. Manzo fears that if there were a fire that emergency vehicles would not be able to get through. It was noted that no comments
had been received by the Fire or Police Departments.
Alan Herzog, seconded by Dorothy Risser, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
The Board continued to discuss their concerns regarding the parking and traffic situations. All members of the Board were concerned for the safety of the public and feel that adding to an already over taxed parking situation would only cause additional traffic hazards.
Lawrence Norris, seconded by Dorothy Risser, moved to approve Petition 2007-10 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 three family dwelling as shown on the plan entitled “Exhibit Site Plan of Land in Hudson, MA” as drawn by Hancock Associates, Marlborough, MA dated December 5, 2007, 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;
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 condition:
The dwelling will be owner occupied in perpetuity.
Vote: 0-5-0, Motion Failed (Darja Nevits not voting)
Lawrence Norris, seconded by Alan Herzog, made a motion to come out of deliberative session.
Vote: 5-0-0, Unanimous (Darja Nevits not voting)
Mr. Peznola returned to the Board.
Ms. Burke announced that this would be Mr. Herzog’s last meeting as he is resigning his position after seven years on the Board. The Board thanked him for his service. Mr. Herzog departed from the meeting at 8:30 PM.
Petition 2007-12: 185 – 205 Washington Street, Variances
Present were: Paul Giannetti, Atty. at Law
David Baker, RK Associates
Forest Lindwall, Mistry Associates
Lawrence Norris convened the Public Hearing.
Dorothy Risser read the Right of Appeal.
Atty. Giannetti informed the Board that the applicant is seeking variances under sections 5.1.6.1, 7.1.4.5, 7.1.4.3 and 7.1.6.2 to enable the Petitioner to have twenty-four foot two-way interior travel lanes, to eliminate wheel stops at the end of each parking stall, and to reduce the turning radii for trucks. These variances are for the proposed expansion of the existing shopping plaza in a C-11 commercial district. RK Associates currently owns four parcels of land on Washington Street and the petitioner seeks to expand the existing plaza as well as construct a 4,980 sq. ft building on the land to the north of the Hannaford Plaza.
RK Associates have already been granted approvals from the Planning Board, Conservation Commission, and the Internal Traffic Committee. All of these approvals are contingent on approval from the Zoning Board.
Mr. Peznola noted that the copy in the file does not have a signature. A copy of the plan with a signature page will be provided for the file.
The first waiver discussed was regarding the required 30-foot width of interior travel lanes. Mr. Lindwall explained to the Board that a 24-foot interior travel lane would be sufficient and that the main drive aisle, as well as the front aisle at the entrance to the plaza would remain at 30 feet. Mr. Peznola asked if longer parking spaces were considered. Mr. Lindwall said that due to the high value of parking spaces for retail uses this was the preferred dimension.
Mr. Baker stated that the waiver being sought for the exclusion of wheel stops at the end of each parking stall was due to the fact that they would impede snow removal.
The next variance being sought was for the reduction of the truck turning radii. The regulation requires the turning radii to be 120 feet, however, the applicant is proposing a 90-foot turning radii. Mr. Lindwall stated that the 120-foot requirement is much larger than necessary. Mr. Lindwall also said that by expanding the radii to the required measurement many parking spaces would have to be sacrificed.
Mr. Norris asked what size truck could turn with a radius of 90 feet. Mr. Lindwall informed the Board that a full size tractor-trailer with a sleeping cab and a 53-foot long trailer attached could easily turn with this size radius.
Mr. Peznola asked Mr. Baker what the status of the widening of Washington Street was. Mr. Baker explained that RK Associates has granted land for the widening of Washington Street and has helped with the financial cost of the design. He then gave the Board a brief history of the widening and explained how it would be done.
Mr. Peznola asked if the plans include a landscaping and beautification of the property. Mr. Lindwall said that a 6-foot sidewalk will be constructed along with a 5 foot landscaped strip between the sidewalk and parking lot.
Mr. Norris asked for clarification on the drainage for the site. Mr. Lindwall explained that the plan is to install two catch basins that will accept the flow from the existing shopping center and direct it out toward Washington Street. Mr. Lindwall contends that the installation of the detention basin will reduce the rate of water flow onto Route 85 by 50%.
Mr. Peznola asked if curb cut permits have been applied for. Mr. Baker stated that they have applied for those through MassHighway.
There was no imput from the public.
Lawrence Norris, seconded by Dorothy Risser, made a motion to go into deliberative session.
Vote: 5-0-0 (Christopher Tibbals not voting)
Lawrence Norris, seconded by Dorothy Risser, moved to approve Petition 2007-12 and grant a Variance from Sections 7.1.4.2 and 7.1.4.5 to allow the reduction in width of two way interior travel lanes to24 feet where 30 feet is required in accordance with the plan entitled “Layout and Dimension Plan Drawing Number C-7” as drawn by Mistry Associates, Inc. of Reading, MA dated August 30, 2007 last revised October 26, 2007 based on the following findings:
The Petitioner has standing to bring the Petition, and;
The subject property is located in theC-11 Commercial District, and;
That owing to circumstances relating to the soil conditions, shape and topography affect this land but not generally affecting the SB zoning district, and;
A literal enforcement of the zoning by-law would involve substantial hardship in that the developer is donating land to the Town of Hudson for the widening of Rte 85, 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 area is Hudson’s main commercial area and the expansion of the shopping center will enhance the overall site.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Lawrence Norris, seconded by Dorothy Risser, moved to approve Petition 2007-12 and grant a Variance from Sections 7.1.6.2 (b) to reduce the required truck turning radii from the required 120 feet to 90 feet in accordance with the plan entitled “Layout and Dimension Plan Drawing Number C-7” as drawn by Mistry Associates, Inc. of Reading, MA dated August 30, 2007 last revised October 26, 2007 based on the following findings:
1. The Petitioner has standing to bring the Petition, and;
The subject property is located in theC-11 Commercial District, and;
That owing to circumstances relating to the soil conditions, shape and topography affect this land but not generally affecting the SB zoning district, and;
A literal enforcement of the zoning by-law would involve substantial hardship in that the developer is donating land to the Town of Hudson for the widening of Rte 85, 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 area is Hudson’s main commercial area and the expansion of the shopping center will enhance the overall site.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Lawrence Norris, seconded by Dorothy Risser, moved to approve Petition 2007-12 and grant a Variance from Sections 7.1.4.3 to eliminate wheel stops at the end of each parking stall in accordance with the plan entitled “Layout and Dimension Plan Drawing Number C-7” as drawn by Mistry Associates, Inc. of Reading, MA dated August 30, 2007 last revised October 26, 2007 based on the following findings:
1. The Petitioner has standing to bring the Petition, and;
The subject property is located in theC-11 Commercial District, and;
That owing to circumstances relating to the soil conditions, shape and topography affect this land but not generally affecting the SB zoning district, and;
A literal enforcement of the zoning by-law would involve substantial hardship in that the developer is donating land to the Town of Hudson for the widening of Rte 85, 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 area is Hudson’s main commercial area and the expansion of the shopping center will enhance the overall site.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Lawrence Norris, seconded by Dorothy Risser, made a motion to come out of deliberative session.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Petition 2008-01: 256 Washington Street, Special Permit
Present was: Paul Giannetti, Atty. at Law
Lawrence Norris convened the Public Hearing.
Dorothy Risser read the Right of Appeal.
Atty. Giannetti informed the Board that the applicant is seeking a special permit under section 5.4.3.1 of the zoning by-laws to establish an outdoor patio seating area for the proposed Starbuck’s Coffee Shop. Atty. Giannetti explained that the patio would accommodate approximately 18 to 24 customers. He stated that this would not adversely affect the area, citing that this is not creating more traffic it is simply that the customers now have a choice as to seat inside or outside. He said this was not additional seating, rather it is substitute seating.
Mr. Peznola expressed his concern for the amount of parking spaces. He noted that additional parking was not added to the plan. Ms. Burke explained that the applicant is planning on relying on the customers utilizing some of the Walgreen’s parking spaces. Ms. Nevits echoed Mr. Peznola’s concerns and suggested that the outdoor seating be restricted to only 18 seats.
Lawrence Norris, seconded by Dorothy Risser, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Darja Nevits, seconded by Dorothy Risser, moved to approve Petition 2008-01 and to grant a Special Permit under Section 5.4.3.1, to establish an outdoor seating area adjacent to the proposed Starbucks as shown on the plan entitled “ITC Site Plan” as drawn by Bohler Engineering, Southborough, MA dated August 17, 2007, based on the following findings:
1. The Petitioner has standing to bring the Petition, and;
2. The subject property is located in the M-6 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.
And with the following condition:
The outdoor seating area will be limited to 18 seats.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Lawrence Norris, seconded by Sara LaFleur, made a motion to come out of deliberative session.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Board Vacancy
Ms. Burke asked if the Board would like to recommend Ms. Risser to the Board of Selectmen as a full voting member to fill the vacancy created by Alan Herzog. The Board agreed.
Mr. Peznola nominated Ms. Risser to be the new clerk, as this was Mr. Herzog’s position. There were no objections from the Board.
The Board decided to open the position of associate member up to the public and advertise that they are accepting interest cards to fill the position.
Minutes
Lawrence Norris, seconded by Dorothy Risser, made a motion to approve the minutes of November 8, 2007.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
Adjournment
At 9:45 p.m., Joe Peznola, seconded by Lawrence Norris, moved to adjourn.
Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)
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