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Zoning Board of Appeals Minutes 06/11/09
Minutes of Meeting— June 11, 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, Christopher Tibbals, Todd Pietrasiak, Darja Nevits, Sara LaFleur, James Smith, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.
Petition 2008-07, 7 Crestview Drive  Special Permit

Ms. Burke informed the Board that she is in receipt of a letter dated June 11, 2009 from the applicant.  The letter is a request to the withdraw petition 2008-07 without prejudice.  

Mr. Peznola read the letter into the record.

Darja Nevits, seconded by Dorothy Risser, made a motion to withdraw petition 2008-07 for 7 Crestview Drive without prejudice.

Vote: 5-0-0, James Smith & Sara LaFleur not voting.


Dorothy Risser, seconded by Darja Nevits, made a motion to approve the minutes of May 14, 2009, as written.

Vote: 7-0-0, Unanimous

Old Bolton Road –Habitat for Humanity – Comprehensive Permit
Present were:   Paul Giannetti, Atty. at Law
                Megan Foley, Habitat for Humanity
Joe Peznola convened the public hearing.

Dorothy Risser read the Right of Appeal.

Mr. Peznola briefly explained the requirements for a comprehensive permit.  A comprehensive permit is allowed under Massachusetts General Law under Chapter 40B.  Certain waivers are allowed regarding the zoning through this Board.   

This permit has been filed as a friendly 40B which means that the applicant does not have a right to appeal the decision.  The Town has partnered with the Department of Housing and Community Development (DHCD) through its Board of Selectmen to allow this 40B into the affordable housing stock.  

Atty. Giannetti stated that at the Special Town Meeting held on November 18, 2008 the Town  appropriated $50,000 from the CPA to acquire land.

Atty. Giannetti explained that this lot does not have the required square footage or frontage under the zoning by-law.  The lot is 100 X 114 feet.  The setback for the side and rear yard are in compliance with the by-laws.  This house will be a single family ranch style home with three bedrooms, a kitchen, dining area, living room and one full bath.  The plans as well as the site plan have been submitted.  The plans show that the lot has 100 feet of frontage on Old Bolton Road.  It was noted that approximately 20 lots in the neghborhood are pre-existing non-conforming relative to the frontage’s lot size.  For this reason Atty. Giannetti argued that this lot will not look any different from many compatibly sized lots on this road.  Atty. Giannetti referred to this as a limited impact project.  

Eight comprehensive permit projects have been approved in Town and only one other involved a single family residence.  The Town is slightly above its 10% of state required affordable housing stock.  He also noted that section 1.1.1 of the Towns zoning by-laws states indicates one of the purposes of zoning is to encourage housing for persons of all income levels.  

Atty. Giannetti also noted that 85% of the site will remain green, leaving the other 15% for the actual structure and the driveway.  Only the necessary amount of trees will be taken down.  

Mr. Peznola summarized the criteria which the applicant needs to satisfy in order to comply with the Towns applicable regulations.  

Ms. Risser noted that the SA-8 residential district has the largest land requirement.  She then asked if the proposal is to tie into town water and sewer.  Atty. Giannetti said yes.

Galen Isaacs, 3 Old Bolton Road asked how this would could affect the value of his home.  Mr. Peznola explained that the ZBA cannot consider effects on property value when voting.  Mr. Isaacs then stated that he was interested in a mitigation package regarding fencing or a vegetation screen.  Mr. Peznola noted his request and suggested that the abutters meet with the applicant to discuss a buffer.  

John Wyckstrom, 6 Old Stow Road stated that when he purchased his home he was told that the property behind him was an unbuildable lot.  Mr. Peznola said that it was, however because it is being built as an affordable 40B unit that non-conventional zoning takes effect.  This property will be deed restricted as long as it is part of the affordable housing stock.  

In order for a family to be eligible to purchase the home they cannot ear more than 80% of the median area income for a family of four, which is approximately $84,000.

Ms. Foley briefly explained the process for screening the applicants.  The first step would be to hold an informational meeting in order to inform potential buyer of the necessary requirements.  Habitat would look at the applicants need for housing, their ability to pay and the chosen family must agree to work along side of the local volunteers to build the home.  Once a family has been chosen and the house completed a representative from Habitat works with the family through the first year.  The only other time Habitat gets involved is during the resale of the home.  

Ms. Burke asked that it be stated for the record that the Town of Hudson does not wish to be the monitoring agent for this project; DHCD will be the monitoring agent.  

Mr. Wyckstrom stated that he also wanted to be involved in the mitigation meetings.  

Mr. Peznola does not feel that this project needs to go for peer review.  The Board agreed.  He also suggested that the hearing be continued until the Board’s next meeting in order to give the applicant and the abutter’s time to work out the mitigation.  

Cynthia Cormier, 6 Edgewood Drive asked that if this continuance would impact the Community Preservation Act funds.  Ms. Burke stated that the funds need to be used by July 1, 2009; however it can be extended due to extenuating circumstances.  

Ms. Foley stated that Habitat was hoping to have the foundation completed this fall and begin construction in the spring of 2010.

Dorothy Risser, seconded by James Smith, made a motion to continue the public hearing for Petition 1006 until July 2, 2009 at 7:30 PM.

Vote: 5-0-0, Todd Petrasiak not voting.


At 8:30 p.m., Joe Peznola, seconded by Darja Nevits, moved to adjourn.

Vote: 7-0-0, Unanimous