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Zoning Board of Appeals Minutes 04/09/2009
Minutes of Meeting— April 9, 2009
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, Dorothy Risser, Todd Pietrasiak, Darja Nevits, Sara LaFleur, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.
Petition 2008-07, 7 Crestview Drive  Special Permit
Present were:   Christopher King, BCI Communications, Inc.
                Christopher Flood, Atty. at Law

Mr. King requested that the Board grant a continuance for Petition 2008-07 until the next meeting.  He noted that he had recently taken over as Omnipoints representative and he needed more time to prepare.  

Atty. Flood, representing William Wade, asked that it be noted for the record that there are several abutters present.  

Dorothy Risser, seconded by Darja Nevits, made a motion to continue the public hearing for Petition 2008-07 until May 14, 2009 at 7:30 PM.

Vote: 5-0-0, Unanimous

Petition 1005, 92 Houghton Street
Present was:     Joe Moreira, Atty. at Law

Atty. Moreira explained that when the Board last met there were several issues that needed to be addressed.  The issues were a revised parking plan, an easement for the drainage, a list of habitable space and a list of the handicapped space in the unit.  

The parking plan shows three spaces that are 10 X 20 feet and one that is 12 X 20 feet.  Atty. Moreira explained that at this time there is no legally drafted easement; however, he did show the Board a recommended description of the easement.  He also furnished the Board with a narrative which clarifies the habitable space as well as the handicapped space in the unit.  

Atty. Moreira requested that the Board accept the itemization of the habitable space as evidence that a variance for the square footage is not needed.  

Mr. Peznola asked if the applicant had submitted an affidavit stating that the unit will be owner occupied.  Ms. Burke said that it had been presented at the last meeting.  Mr. Peznola cautioned that applicant that if the home were ever sold.  The owner occupancy would follow the new owners or the special permit would not be able to be used.  Atty. Moreira said that his client understands that the new owner would need to accept this as a condition.  

Mr. Peznola asked under which section od the by-law refers to fron year setback.  He was told  The only variance will be from section

Darja Nevits, seconded by, Dorothy Risser, made a motion to go into deliberative session.

Vote 5-0-0, Unanimous

Mr. Peznola stated that he feels the applicant is complying with all requirements and regulations and had covered the entire basis with regards to hardship and necessity.  The Board agreed with him.  Ms. Risser also noted that this is a unique lot because of the status of Raymond Court making it a corner lot.  

Joseph Peznola, seconded by Dorothy Risser, moved to grant the Special Permit under 5.2.6 to allow the construction of an Accessory Dwelling Unit based on the following finds:
  • 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 Petitioner has provided an affidavit stating intent to occupy one of the dwellings, and;
  • All the use and dimensional regulations as defined in section of the by-law are as discussed in the Board’s deliberative session.
And with the following conditions:
  • A drainage easement will be executed and recorded granting the Town of Hudson rights to said easement prior to the issuance of the building permit.
  • The relocation of the drainage line will be subject to the Department of Public Works review and approval.
  • The construction of the accessory dwelling unit will be in compliance with the plans as submitted with the petition.  The site plan entitled “A ZBA Plan in Hudson, MA for Luis & Maria Chaves” as drawn by SFG Associates, Inc. and dated March 25, 2009.  Architectural plans entitled “Chaves Residence” and dated April 8, 2009.
  • The property will remain owner occupied as long as the Special Permit remains in effect.
Vote: 5-0-0, Unanimous

Sara LaFluer, seconded by Darja Nevits, made a motion to come out of deliberative session.

Vote: 5-0-0, Unanimous


Dorothy Risser, seconded by Darja Nevits, made a motion to approve the minutes of March 12, 2009, as written.

Vote: 5-0-0, Unanimous


At 8:00 p.m., Joe Peznola, seconded by Darja Nevits, moved to adjourn.

Vote: 5-0-0, Unanimous