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Zoning Board of Appeals Minutes 11/13/08
Minutes of Meeting— November 13, 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, Dorothy Risser, Christopher Tibbals, James Smith, Darja Nevits, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.
Petition 2008-04, 43 Broad Street, Special Permit

The Board is in receipt of a letter from Andy Candiello from MetroPCS requesting a continuance to the Boards meeting of February 12, 2009.  The letter states that MetroPCS is currently in talks with the Town to investigate a different location in Town to locate.  However, the applicant does not want to withdraw the Petition until the alternate site in confirmed.  

Mr. Norris does not want to grant the applicant another extension, especially for a three month period.  Mr. Peznola suggested that the Board postpone making a decision until its next meeting on December 11, 2008.  He also said that would like to request that the applicant be present to explain the situation or show cause.   All the members of the Board agreed that this Petition cannot continue to drag on.  

Joseph Peznola, seconded by James Smith, made a motion to continue the public hearing for 43 Broad Street until December 11, 2008 at 7:30 PM and requests that the applicant be present to consider withdrawing the Petition without prejudice and reapply at a later date.  

Vote:  6-0-0, Unanimous

Petition 2008-07, Crestview Drive, Special Permit

The Board is in receipt of a letter from Atty. Brian Grossman dated November 5, 2008 requesting a continuance to the Board’s next meeting.  He explained that the information requested by the Board at the previous meeting was not complete and he needed more time to compile the data.  

Darja Nevits, seconded by James Smith, made a motion to continue the public hearing for Crestview Drive until December 11, 2008 at 7:30 PM.

Vote: 6-0-0, Unanimous
Petition 2008-06, Saratoga Drive, Special Permit & Variance
Present was:    Brian Grossman, Atty. at Law
Mr. Norris began by explaining that the public hearing was formally closed at the previous meeting for this petition and the Board would need to go into deliberative session to discuss the issues.

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

Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)

Mr. Peznola questioned whether a variance was necessary or could the Board question the terms of the by-law.  He asked the members if they think that they should take action on the variance or only the special permit.  The Board all agreed that there is no need for the variance.  
Joseph Peznola, seconded by Darja Nevits, made a motion that the variance from 5.9.3 (4) is not required and the Board finds through granting the special permit they can disregard the variance.

Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)

Mr. Peznola feels that the applicant has not demonstrated that the tower cannot be moved within the required 100-foot fall zone.  He wants a condition added that would require the tower be located 100-feet from the property line.  Mr. Norris asked Mr. Peznola whether there is any area that would accommodate the set back.  Mr. Peznola said that the tower could be shifted 10-feet to the northeast and 10-feet to the southeast.  

Mr. Peznola would like the existing vegetation to be preserved, however he understands that if trees need to be removed in order to comply with the set back that this would trump tree removal.  

Joseph Peznola, seconded by James Smith, moved to approve Petition 2008-06 and to grant a Special Permit under Section 5.9, to allow the installation of a wireless communications facility, based on the following findings:

The Petitioner has standing to bring the Petition, and;

The subject property is located in the Wireless Communications Facility Overlay District, and;

The Applicant has obtained site plan review, and;

The tower has been designed to structurally accommodate the maximum number of foreseeable users as technically practicable, and;

The tower does not exceed 100 feet above ground level in overall height, and;

The existing on-site vegetation has been preserved to the maximum extent possible, and;

All network interconnections from the wireless communication facility are underground land lines, and;

The wireless communications facility has to the extent feasible minimized any adverse visual effects on the environment, and;

Omnipoint Communications, Inc has provided evidence, in the form of a lease agreement, of contractual authorization from the Town of Hudson to conduct wireless communications services on municipally owned land, and;

The Board finds the proposal is not contrary to the best interests of the inhabitants of the Town of Hudson, is in accordance with Section 8.2 of the Protective Zoning by-laws of the Town of Hudson, is in harmony with the general purpose and intent of the protective zoning by-law and does not constitute a substantial detriment to the public good

And with the following conditions:

Under Section 5.9.3 (4) of the Zoning by-laws, the Board does NOT waive the setback requirement.  The proposed tower must be relocated on the site to accommodate a 100 foot setback in all directions.

The Special Permit will be subject to a modification of the site plan review relative to moving the tower and submission to the Planning Department for said modification process.  Prior to the issuance of any building permit, a copy of the approved modified site plan must be forwarded to the Zoning Board of Appeals.

No additional antenna or apparatus may be attached to the structure in excess of 100 feet including public safety antennas.

Vote: 5-0-0, Unanimous (Christopher Tibbals not voting)

Simrah Gardens Letter from Hudson Housing Authority

The Board is in receipt of a letter dated October 21, 2008 from the Director of the Hudson Housing Authority addressed to Mr. Mirajuddin Ahmed.  In this letter he states that Mr. Ahmed has not been sending the monitoring requirements on an annual basis in accordance with the regulatory agreement.  

Mr. Norris stated that being in default of the monitoring agreement makes the project in default of the comprehensive permit which could result in fees owed or legal action.  Mr. Norris recommended that the Board send a letter to Mr. Ahmed requesting that the issue be rectified by the Board’s next meeting of December 11, 2008 as well as a request that Mr. Ahmed have a representative present at the meeting.  


Lawrence Norris, seconded by Darja Nevits, made a motion to approve the minutes of October 9, 2008, as written.

Vote: 6-0-0, Unanimous


At 8:30 p.m., Joe Peznola, seconded by Lawrence Norris, moved to adjourn.

Vote: 6-0-0, Unanimous