Minutes of Meeting— July 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, Christopher Tibbals, Todd Pietrasiak, Darja Nevits, Sara LaFleur, James Smith, and Teresa Vickery, Clerk.
Petition 1006 – Habitat for Humanity – Comprehensive Permit
Present were: Paul Giannetti, Atty. at Law
Megan Foley, Habitat for Humanity
Mr. Peznola noted that some issues were left outstanding from the last meeting. The regulatory agreement and the deed rider were pending. They have since been supplied by Ms. Foley. The other issue was that of the meeting between the applicant and the abutters to discuss mitigation.
Ms. Foley stated that a meeting had taken place with the Mr. Issacs and Mr. Wickstrom. Both parties agreed to the installation of a 6 foot cedar stockade fence along the entire periphery of the property. There is an issue regarding the exact location of the boundary. Ms. Foley said that the fence will be erected well within the property line as to avoid the need to have the property surveyed.
Mr. Peznola asked that it be noted that the layout of the home will be mirrored on the site so that the kitchen will be on the driveway side as shown on the site plan.
James Smith, seconded by Dorothy Risser, made a motion to go into deliberative session.
Vote: 7-0-0, Unanimous
Mr. Peznola stated that the proposed findings and conditions are appropriate and properly conditioned.
Ms. Risser noted that she was pleased with condition #5 which states that the abutters will work with habitat to erect the screening.
James Smith, seconded by Dorothy Risser, made a motion to come out of deliberative session.
Vote: 7-0-0, Unanimous
Joe Peznola, seconded by Dorothy Risser, moved to approve the Comprehensive Permit for Old Bolton Road based on the findings of fact and conditions outlined in the document presented tonight which was read into the record.
Vote: 5-0-0, Christopher Tibbals & Todd Petriasiak not voting.
Petition 1007 – Kane Industrial Drive
Present were: Christopher P. Yates, Atty. at Law
Joe Peznola convened the public hearing.
Dorothy Risser read the Right of Appeal.
The applicant is proposing to construct an 8,000 square foot building on an undersized lot within the Watershed Protection District.
Atty. Yates, who represents the Kane Industrial Trust, presented the Petition. He explained that in 2004 the Board grated a variance for Lot 13. The variance was recorded in 2004 at the Registry of Deeds. Lot 13 was approved along with Lot #1. Lot 1 had a tenant and was constructed, however Lot 13 never acquired a tenant therefore was never constructed and the approval has since expired. This project has been granted site plan approval as well as approval from the Internal Traffic Committee.
This lot is part of a 20 acre parcel that was purchased in 1966. By 1987 all the lots had been built on with the exception of lots 1 and 13. In 1987 the lot size requirement was increased from 30,000 square feet to 60,000. Before this increase the 17 lots had already been cut out with the 30,000 square foot requirement.
The road as well as the lots are maintained by the Trust. The Town does, however plow the road even though it is considered a private road. The Trust just had the road resurfaced at the cost of $125,000.
The applicant feels that approval of this petition would be in the best interest of the Town not only in facilitating small businesses them but also keeping them in Town.
The building will utilize town water and will have a private septic system which Atty. Yates noted will need to be re-approved by the Board of Health.
Mr. Peznola asked if this was a new site plan. Atty. Yates stated that this is the same plan that has simply been updated.
Mr. Peznola stated that he wanted a special condition added which would require that a roof infiltration system be installed on the site. This system is to be designed by a professional engineer and be compliant with the requirements of 3.3.10 Section IV A (13). He also noted that an as-built plan of the roof drain be submitted before the issuance of any occupancy permit.
Atty. Yates on behalf of the Kane family stated that the condition was acceptable to all parties.
Joe Peznola, seconded by James Smith, made a motion to go into deliberative session.
Vote: 7-0-0; Unanimous
Mr. Peznola finds that this lot is unique and that not granting the variance would in itself constitute a hardship. He went on to say this petition is in harmony with the by-law.
Darja Nevits, seconded by James Smith, made a motion to come out of deliberative session;
Vote: 7-0-0; Unanimous
Darja Nevits, seconded by James Smith, moved to grant a Variance under Section 6.2.1.3 to construct an 8,000 square foot building on an undersized lot on the following findings:
- The Petitioner has standing to bring the Petitions, and;
- The subject property is located in the M-6 Industrial District, and;
- That owing to circumstances relating to the soil conditions, shape, topography and history affect this land but not generally affecting the rest of the zoning district in that the road as well as all the lots are under one common ownership since 1966 and this lot was approved and recorded when the zoning requirement was 30,000 square feet, and;
- A literal enforcement of the zoning by-law would involve substantial financial hardship to the developer in that transferring each lot to a separate deed would create a 75% tax liability, 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.
Vote: 5-0-0, Christopher Tibbals & Todd Petriasiak not voting.
Joseph Peznola, seconded by James Smith, moved to grant a Special Permit – Watershed Protection District under Section 3.3.10 to construct an 8,000 square foot building on an undersized lot within the Watershed Protection District based on the following findings:
- The Petitioner has standing to bring the Petition, and;
- The subject property is located in the M-6 Industrial District, and;
- The use is in harmony with eh purpose and intent of this by-law and will promote the purposes of the Watershed Protection District as outline in the project plans, and;
- The use is appropriate to the natural topography, soils and other characteristics of the site to be developed , and;
- The use will not have an adverse environmental impact on any water body or course in the district or the existing water supply.
And with the following conditions:
- A roof drain infiltration system shall be installed on site. The system shall be designed by a Professional Engineer demonstrating compliance with the requirements of 3.3.10 Section IV A (13).
- Prior to the issuance of an occupancy permit, an as-built plan of the roof drain infiltration system shall be submitted to the Board for the record.
Vote: 5-0-0, Christopher Tibbals & Todd Petriasiak not voting.
Minutes
Dorothy Risser, seconded by Darja Nevits, made a motion to approve the minutes of June 11, 2009, as written.
Vote: 7-0-0, Unanimous
Mailbox
The Board is in receipt of a letter from Linda Fossile of Coolidge Greene LLC dated June 16, 2009. The letter is a request for a further extension to complete the 40B Cost Certification for Coolidge Greene.
Joe Peznola, seconded by James Smith, made a motion to grant an extension until August 19, 2009 with the provision that any further extension requests will require that the applicant come before the Board.
Vote: 5-0-0; Unanimous.
Adjournment
At 8:30 p.m., Joe Peznola, seconded by Darja Nevits, moved to adjourn.
Vote: 7-0-0, Unanimous
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