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Zoning Board of Appeals Minutes 11/12/09
Minutes of Meeting— November 12, 2009
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, Dorothy Risser, Darja Nevits, James Smith, Todd Petrasiak, Christopher Tibbals, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.

Petition 1011, 2 Port Street, Accessory Dwelling Unit
Present was:    Michael Hoffman

Lawrence Norris convened the Public Hearing.

Dorothy Risser read the Right of Appeal.

The applicant is requesting a Special Permit under Section 5.2.6 of the Zoning By-Laws to allow the construction of an Accessory Dwelling Unit (ADU) in the Single Family District.

Mr. Hoffman informed the Board that the ADU he is proposing would be built on the existing frame of the house thus making it two stories.  His elderly mother would reside in the existing part of the house, which would become the ADU.  The applicant feels that this would maintain the single family look of the house.  The second floor would have access through an existing side door and the first floor entrance would be in the front of the house facing the road. The primary entrance will be on the side of the house not in the front as regulated by the Building Inspector.  However, the Board agreed that by having the primary entrance on the side of the house would not be an issue.  Ms. Burke noted the confusion between the regulations.    

The plans show four parking spaces adjacent to the road.  

Ms. Burke noted for the record that the house must be owner occupied.

There was no input from the public.

Lawrence Norris, seconded by James Smith, made a motion to go into deliberative session.

Vote: 6-0-0, Unanimous

Lawrence Norris, seconded by James Smith, moved to grant the special permit under section 5.2.6 to allow the construction of an Accessory Dwelling Unit based on the following finds:

  • The Petitioner has stand to bring the Petition, and ;
  • The subject property is located in the SB District, and;
  • The use will not have an adverse effect on the 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 project will be built in accordance with the plans submitted with the petition entitled “Hoffman Residence 2 Port Street Proposed Site Plan” dated 10/21/09, and;
  • The petitioner has provided an affidavit stating intent to occupy one of the dwellings.
Vote: 5-0-0, Todd Petrasiak not voting.

James Smith, seconded by Darja Nevits, made a motion to come out of deliberative session.

Vote: 6-0-0, Unanimous

Coolidge Greene

The Board is in receipt of a letter from Linda Fossile date November 10, 2009 requesting an extension to complete the 40B Cost Certification for Coolidge Greene.

The Board is not willing to grant Mrs. Fossile a fifth extension at this time.  Mr. Norris stated that the Board will seek a legal opinion from Town Counsel regarding this matter.

Board Vacancy

A vacancy has been created on the Board by the recent resignation of associate member Sara LaFleur.  Ms. Burke stated that she currently has only one interest form and asked the Board what they would like to do regarding the vacancy.  The Board ultimately decided to advertise the vacancy in order to seek other candidates.  


James Smith, seconded by Dorothy Risser, made a motion to approve the minutes of October 8, 2009, as written.

Vote: 6-0-0, Unanimous


At 8:00 PM, James Smith, seconded by Darja Nevits, moved to adjourn.

6-0-0, Unanimous