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Zoning Board of Appeals Minutes 04/08/10
Minutes of Meeting— April 8, 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, Darja Nevits, Christopher Tibbals, Patrick Manzo, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.

Petition 1013:  82 Lincoln Street, Accessory Dwelling Unit
Present was:    Nelson Graca, Applicant 

Lawrence Norris convened the public hearing

Darja Nevits (Acting Clerk) read the Right of Appeal.

Mr. Graca has applied for a Special Permit under section 5.2.6 of the zoning by-laws to allow for the construction of an accessory dwelling unit at 82 Lincoln Street.  He explained to the Board that he has a barn on his property which is currently used as a storage shed.  He is proposing to add two bedrooms to the upstairs of the barn and keep an open floor plan on the bottom level as well as a 10 X 10 addition which would house the bathroom and a laundry area.  

Mr. Graca noted that he currently has two children and is awaiting the birth of a third.  His in-laws have been living in the house for approximately six months and soon space would be at a minimum.  He is requesting this accessory dwelling for his in-laws to reside in.  He feels that this would not have any impact to traffic as they have already been living there for a significant period of time.  

Mr. Manzo asked if there is currently any plumbing in the barn.  Mr. Graca stated that there is electricity but no plumbing.  He then asked if Mr. Graca would be hooking up to the existing sewer pipe.  He said he would hook up the pipe right outside of the barn.  

There was no input from the public.

Christopher Tibbals, seconded by Darja Nevits, made a motion to go into deliberative session.

Vote:  5- 0-0, Unanimous

Lawrence Norris, seconded by Christopher Tibbals, moved to grant a Special Permit under 5.2.6 based on the following findings:

  • The Petitioner has standing to bring the Petition, and;
  • The subject property is located in the SB District, and;
  • The use will not have an adverse effect on present and future dwellings in the vicinity, and;
  • The use will not have 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 the following conditions:

  • One of the dwelling units will be owner occupied as required by the zoning by-law.
Vote: 5-0-0, Unanimous

Joe Peznola, seconded by Darja Nevits, made a motion to come out of deliberative session.

Vote: 5-0-0, Unanimous

Petition 1014:  90 Hunter Ave., Accessory Dwelling Unit
Present was:    Joe Moreira, Atty. at Law
                John Lage, Applicant
                Mary Lage, Applicant

Lawrence Norris convened the public hearing

Darja Nevits (Acting Clerk) read the Right of Appeal.

Atty. Moreira explained that the applicant is seeking to obtain a special permit under section 5.2.6 under the zoning by-laws to allow for the construction of an accessory dwelling unit at the premises located at 90 Hunter Avenue.  The house is predominately located in the M6 Industrial District and only the top of the driveway is in the (SB) Single Family District.  

The applicant is proposing a 729 square foot addition with approximately 500 square feet of space to be completed.  A sunroom and deck on the back of the house are included in the plans.  This is will not any significant increase in traffic as only one person will reside in the accessory unit.   

There are currently three bedroom in the house, however even with the new addition it will remain a three bedroom home.  One of the current bedrooms will be turned into a laundry room.  Mr. Peznola wants a letter from the Board of Health in the file noting that the septic will comply with Title V requirements when one of the bedrooms is turned into a laundry room.   

A letter from Alexandra and David Andrews of 97 Hunter Avenue dated April 8, 2010 was added to the record.   The letter expresses concern for the size of the proposed addition as well as the preservation of the single family dwelling in this area.  

There was no additional input from the public.

Christopher Tibbals, seconded by Darja Nevits, made a motion to go into deliberative session.

Vote:  5- 0-0, Unanimous

Joseph Peznola, seconded by Lawrence Norris, moved to grant a Special Permit under 5.2.6 based on the following findings:

  • The Petitioner has standing to bring the Petition, and;
  • The subject property is located in the M6 District, and;
  • The use will not have an adverse effect on present and future dwellings in the vicinity, and;
  • The use will not have 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 the following conditions:

  • One of the dwelling units will be owner occupied as required by the zoning by-law.
  • The second floor of the addition will be maintained as storage only.
  • A letter will be entered into the record from the Board of Health relative to Title V compliance with regard for the conversion of a bedroom in the existing home into a laundry room; therefore, maintaining the property as a three bedroom.
Vote: 5-0-0, Unanimous

Joe Peznola, seconded by Darja Nevits, made a motion to come out of deliberative session.
Vote: 5-0-0, Unanimous

Minutes
Joe Peznola, seconded by Darja Nevits, made a motion to accept the minutes of January 14, 2010, as written.

Vote: 5-0-0, Unanimous

Adjournment

At 8:40 PM, Christopher Tibbals, seconded by Darja Nevits, moved to adjourn.

Vote: 5-0-0, Unanimous