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Zoning Board of Appeals Minutes 07/31/08
Hudson Board of Appeals
Town Hall
Hudson, Massachusetts 01749

Minutes of Meeting – July 31, 2008              page 1
Minutes of Meeting— July 31, 2008
The Hudson Board of Appeals met in the Town Hall Auditorium, Hudson, Massachusetts.  At 7:30 p.m., Chairman Lawrence Norris called the meeting to order.
Present:        Lawrence Norris, Joe Peznola, Christopher Tibbals, Todd Pietrasiak, James Smith and Jennifer Burke, Planning Director.
Petition 2008-03, 248-250 Main Street, Modification to Special Permit
Present was:    Joanne Foley, Atty. at Law
Mr. Norris read several items into the record that had been received since the last meeting.  They include:

o       A letter from Joanne Foley dated July 21, 2008 regarding meeting off-line with the Esplanade Resident’s Committee.
o       A letter from the Esplanade Resident’s Committee dated July 25, 2008 responding to Ms. Foley’s July 21st letter.
o       A letter from Eileen Longo, 248 Main Street Unit 201 dated July 24, 2008.
o       A letter from Ernie Kapopoulos, 250 Main Street Unit 416 dated July 30, 2008.
o       A report from CB Richard Ellis dated July 28, 2008 responding to the Avery Associates report dated July 9, 2008.  (The Board voted unanimously to waive the reading of the entire report)

Mr. Norris asked if Mr. Peznola’s questions from the previous meeting had been addressed.  Ms. Foley noted that Mr. Peznola had asked MP Development to explore the Federal Fair Housing Act and its impacts on this situation.  She stated that the developer had requested a meeting.  The resident’s committee did not want to meet without their attorney.  She noted that Atty. Blacker, who now represents the resident’s committee, will be traveling until August 4, 2008.  He was not able to meet before he left so no progress was made.  Mr. Peznola asked if MP Development had an opportunity to internally discuss the mechanics of the 80/20 proposal i.e. long term assurance of maintaining 80%.  Ms. Foley stated that they had researched the condominium documents and changes would require the 67% owner approval as well as some mortgagee approval.

Lou Tagliani, 250 Main Street Unit 208, stated that the resident’s committee had engaged Atty. Lawrence Blacker.  He is not able to be present.  He presented a letter to the Board from Atty. Blacker.

Mr. Norris read the letter from Atty. Blacker dated July 31, 2008 into record.  He then offered Atty. Foley an opportunity to respond.

Ms. Foley stated for the public at large that the ZBA has to make a determination based on the information presented.  She noted that there is a set of rules to follow and the Board is not at liberty to apply its own point of view to the rules.

She noted that the developer has the right to petition the Board to make a modification and change a condition of the permit that renders the project uneconomic.  She stated that testimony had been presented including traffic & parking review as well as absorption review.  This testimony has been peer reviewed by the Town’s consultants.  She feels that the developer has met his burden.  Now the ZBA has to determine if it is consistent with local needs.

She noted that in her review of the condominium documents, she found 6 pages of protections against egregious behavior.

Mr. Tagliani also noted for the record that there are currently residents who are under 55 with children in the development.

Ms. Foley also wanted to state that the discussion of the Federal Fair Housing Act and the 80/20 was the Board’s initial idea.  Mr. Tagliani disagreed and stated that MP Development mentioned it at an offline meeting on July 7, 2008 with the resident’s committee.

Jackie Kapopoulos, 250 Main Street Unit 416, stated that in her opinion the traffic and parking reviews were very different and that nothing had been resolved.  She stated that she would not have looked at purchasing a unit at the Esplanade if it wasn’t 55+ and that the condo documents were written for people over 55.

Bob Valchius, 250 Main Street Unit 406B, stated that his unit was purchased for his parents who got sick.  His sister and her teenage some moved in.  There were some problems and the developer asked them to move.

Ed Cobb, 250 Main Street Unit 201, still thinks that traffic is an issue.  He stated that the mall will increase the traffic.  He thinks that the parking is a “sham”.

Valerie Maher, 33 Gates Ave speaking on behalf of her mother Elizabeth Balgochian 248 Main Street Unit 317, asked about the rights of the condo owner’s.  She stated that there should have been disclosure from the real estate agent.  Finally she noted that the reports are paid for by the developer and are not trustworthy.

Carol Wurth, 248 Main Street Unit 411, asked the Board if they wouldn’t have given the permit with the waivers back in 2004 without being over 55; how can they now?

Janice Mannone, 250 Main Street Unit 216, stated that since the last meeting 3 condos have been sold and 2 more potential buyers came in to look.  She noted that the market is picking up.

Lawrence Norris, seconded by James Smith, made a motion to close the public hearing for 248 –250 Main Street.

Vote: 5-0-0, Unanimous

The first deliberative session will be held on Thursday August 14, 2008 after the Board’s regular business.


At 9:00 p.m., Joe Peznola, seconded by Lawrence Norris, moved to adjourn.

Vote: 5-0-0, Unanimous