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Zoning Board of Appeals Minutes 06/10/10
Minutes of Meeting— June 10, 2010
The Hudson Board of Appeals met in the Selectmen’s Hearing Room, Town Hall, Hudson, Massachusetts.  At 7:30 p.m., Vice-Chairman Joseph Peznola called the meeting to order.
Present:        Joseph Peznola, Dorothy Risser, James Smith, Todd Petrasiak, Christopher Tibbals, Patrick Manzo, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.

Petition 1015:  11 Abigail Drive, Accessory Dwelling Unit
Present was:    Atty. Stacy Munroe, Applicant
                Scott Munroe, Applicant 

Joe Peznola convened the public hearing

Dorothy Risser  read the Right of Appeal.

Atty. Munroe, representing herself, addressed the Board.  She informed them that she is seeking a special permit under section 5.2.6 of the zoning by-laws to allow the construction of an Accessory Dwelling Unit in an SA-5 residential district.  She noted that the intention is not to build a new structure nor add on to the primary dwelling.  There is a barn on the property in which she and her husband wish to redo a part of the interior to serve as an Accessory Dwelling Unit.  There will not be any changes made to the exterior of the barn.  

An engineer has looked at the barn and deemed it structurally sound.  

Mr. Peznola asked Atty. Munroe if the existing septic will be sufficient.  She stated that her contractor told her that they would be able to tie into the Town sewer without any problems.  Ms. Burke reaffirmed that the property is located within the sewer district.  

Mr. Peznola asked the applicant about parking.  Atty. Munroe stated that the primary dwelling as well as the barn both have garages, two spaces in the house garage and one in the barn.  She also noted that there is approximately 1,000 square feet of space designated as parking in front of the barn.  

Ms. Risser explained that when Ashford Meadows was constructed 20 years ago covenants were put in place.  These covenants would have expired a few years ago, she went on to ask if Atty. Munroe was aware of any extensions of the covenants.  Atty. Munroe stated that she did not know of any such extensions.  

Ms. Risser asked who cares for the gatehouse that lies just inside the opening to Ashford Meadows.  Atty. Munroe did not know.  However, William Sullivan, 8 Cornish Drive, explained that the upkeep of the gatehouse is done on a volunteer basis.  He stated that every couple of years a neighborhood collection is taken up in order to pay for any upkeep or plantings for the gatehouse.  

Ronald Hellen, 13 Abigail Drive expressed his concern that by approving this permit the neighborhood could potentially be opened up to more rental properties.  He went on to say that even though this is being built for the applicant’s mother in law what is to say that when or if she leaves that this is not rented by a non-family member.  He then asked how this is enforced.  Mr. Peznola briefly explained the by-law and noted that there is no rule in the by-law that the ADU must be occupied by a family member.  The by-law does, however, state that one of the units must be owner occupied.  An affidavit to this effect is recorded at the registry of deed upon approval of the special permit.  Any new owner has thirty (30) days in which to provide an affidavit, if not the special permit lapses.

William Sullivan requested that the Board condition that the applicant not be allowed to alter the existing scenery around the barn and limit the lighting.  Mr. Peznola explained that part of the permit is to not allow any changes that would  be detrimental to the neighbors and surrounding area.  

Dorothy Risser, seconded by James Smith, made a motion to go into deliberative session.

Vote:  5- 0-0, Patrick Manzo not voting

Ms. Risser noted that the applicant should supply the Board with a complete parking plan.  

Joe Peznola, seconded by Dorothy Risser, 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 SA-5 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;
And the following conditions:

  • The petitioner will not add any exterior lighting that will be detrimental to the abutting properties.
  • The petitioner will add two (2) 180 square foot parking spaces to the plot plan.  Said plan must be submitted prior to issuance of a building permit.
  • In accordance with the by-law, the property will be owner occupied.
Vote: 5-0-0, Patrick Manzo not voting

Joe Peznola, seconded by James Smith, made a motion to come out of deliberative session.

Vote: 5-0-0, Patrick Manzo not voting


Joe Peznola, seconded by Dorothy Risser, made a motion to accept the minutes of April 8, 2010, as written.

Vote: 6-0-0, Unanimous


At 8:00 PM, Christopher Tibbals, seconded by James Smith, moved to adjourn.

Vote: 6-0-0, Unanimous