Minutes of Meeting— January 14, 2010
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, Joseph Peznola, Dorothy Risser, Darja Nevits, Todd Petrasiak, Christopher Tibbals, Patrick Manzo and Teresa Vickery, Clerk.
Petition 1012, 87 Central Street, Variance
Present were: Philip Lombardo, Atty. at Law
Robert Pollo, Cumberland Farms
Jonathan Cyr, Cumberland Farms Regional Sales Manager
Michael Perrault, P.M.P. Associates. LLC
Lawrence Norris convened the public hearing
Dorothy Risser read the Right of Appeal.
Mr. Norris stated that the petitioner is seeking to construct a freezer within the rear and side yard setback in the M-1 Industrial District under section 188.8.131.52 of the Zoning By-Laws.
Mr. Pollo outlined the proposed plans. He noted that the cooler would be connected to the rear of the building on a concrete slab measuring approximately 8 feet by 14 feet. The proposed freezer location is on the west side of the building where it is the least visible. The need for the cooler is to provide extra storage space to support the demand for new products being offered at this location, as well as to limit the number of on site deliveries.
Atty. Lombardo stated that the Board of Health required that the entrance to the freezer be located within the existing structure. He also noted that if this was not required the applicant could have erected an accessory unit, in which the setback would not apply, therefore eliminating the need for a variance.
Both Mr. Peznola and Ms. Risser suggested that the applicant file for a special permit to make the existing non-conforming structure more non-conforming instead of filing for a variance. However, Atty. Lombardo stated that this would bring up complicated legal issues.
Ms. Risser asked where the product is currently being stored. Mr. Pollo said that there is an existing freezer however it is not big enough to keep up with demand which leads to more deliveries than desirable.
Ms. Nevits asked that the applicant clarify its position regarding the hardship. Atty. Lombardo explained that the irregular shape of the lot and the size of the lot are major issues. Deliveries cause major traffic congestion at the site. The main objective is to cut down on the number of weekly deliveries to the site.
Ms. Risser noted that the plans show a utility room and she asked what that room is currently being used for. Mr. Pollo said that it is used to house some of the dry goods, freezers as well as a corner used as the manager’s office.
Mr. Cyr stated that the ultimate goal would be for one weekly delivery of frozen foods and two milk deliveries.
There was no input from the public.
Dorothy Risser, seconded by Todd Petrasiak, made a motion to go into deliberative session.
Vote: 5- 0-0, Todd Petrasiak & Patrick Manzo not voting.
Ms. Peznola stated that he is not convinced that all possibilities have been exhausted with regards to the location of the freezer. However, he does feel that if it does cut down on the number of deliveries that it will be good for the neighborhood. Therefore, he as well as the rest of the Board felt there is a legitimate hardship.
Lawrence Norris, seconded by Dorothy Risser, moved to grant a Variance under Section 184.108.40.206 to construct a freezer within the rear and side yard setback based on the following findings:
- The Petitioner has standing to bring the Petition, and;
- The subject property is located in the M-1 District, and;
- That owing to circumstances relating to the soil conditions, shape and topography affect this land but not generally affecting the rest of the zoning district, and;
- A literal enforcement of the zoning by-law would involve substantial hardship to the developer, 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, Todd Petrasiak & Patrick Manzo not voting.
Joe Peznola, seconded by Todd Petrasiak, made a motion to come out of deliberative session.
Vote: 5-0-0, Todd Petrasiak & Patrick Manzo not voting.
22 Winter Street, Extension Request
Present was: Joe Moreira, Atty. at Law
The Board is in receipt from a letter dated January 14, 2010 from Atty. Moreira requesting an extension of time for the special permit for 22 Winter Street. The petitioner received a special permit back in 2008 and due to the economic downturn and a change in his financial condition, the work did not commence.
Ms. Burke sent a memo which informed the Board that the zoning act, as well as the Town by-law, is silent in regards to special permit extensions. Atty. Cipriano explained to her that this would give the Board “rule making power” and they could grant the extension for up to one year if just cause is shown by the applicant.
Mr. Peznola stated that any extension would be subject to all the previous terms and conditions.
Joe Peznola, seconded by Dorothy Risser, made a motion to approve the extension of the Special Permit for 22 Winter Street until January 28, 2011, that date in which it was filed in the office of the Town Clerk.
Vote: 5-0-0, Todd Petrasiak & Patrick Manzo not voting
Lawrence Norris, seconded by Dorothy Risser, made a motion to accept the minutes of December 10, 2009, as written.
Vote: 5-0-2, Joe Peznola & Patrick Manzo abstaining.
The Board noted the letter sent to the Inspector General from the Board of Selectmen regarding Simrah Gardens.
At 8:40 PM, Todd Petrasiak, seconded by Darja Nevits, moved to adjourn.
Vote: 7-0-0, Unanimous