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Zoning Board of Appeals Minutes 06/16/11
Minutes of Meeting— June 16, 2011

The Hudson Board of Appeals met in the 2nd Floor Auditorium, Town Hall, Hudson, Massachusetts.  At 7:30 p.m. Joseph Peznola called the meeting to order.
Present:        Joseph Peznola, Dorothy Risser, Darja Nevits, James Smith, Christopher Tibbals, Todd Pietrasiak, Patrick Manzo and Jennifer Burke, Planning Director.

1022:  90 Hunter Avenue, Modification to Special Permit
Present were:   Jose Moreira, Atty. at Law
                John & Mary Lage

Mr. Peznola convened the public hearing.

Ms. Risser read the right of appeal.

Atty. Moreira reviewed the petition with the Board.  His client is asking the conditions 2 & 3 be deleted from their previous special permit for an Accessory Dwelling Unit.  During construction of the unit the homeowners upgraded the septic system to a 5 bedroom system.  Atty. Moreira submitted a certificate of compliance from the Board of Health.

Ms. Risser asked where the 2 additional bedrooms would come from.  The laundry room was never established in the main dwelling and they would like to put that back into use as a bedroom.  They would also like the restriction of storage only in the 2nd floor of the ADU be removed.

Mr. Peznola stated that he believed the storage restriction had to do with the total amount of square feet allowed under the by-law.  Atty. Moreira stated that the unit is significantly under.  
Mr. Lage also noted that some changes were made during construction that reduced the total square feet of the unit.  This includes adding cathedral ceilings in the main dwelling and the addition of the laundry closet.  The 2nd floor is now only 91.8 square feet.  New building plans were shown to the Board to address this.

Based on the homeowner’s testimony and the plans shown the ADU still is only about 650 square feet.  The Board asked that copies of the plans be submitted as part of the record.

Dorothy Risser, seconded by Jim Smith, moved to go into deliberative session.

Vote: 5-0-0, Unanimous

Joseph Peznola, seconded by Dorothy Risser, made a motion to grant a Special Permit under Section 5.2.6 to modify the Special Permit under section 5.2.6 to construct an Accessory Dwelling Unit for 90 Hunter Avenue dated April 8, 2010 by affirming the grant of permit and deleting conditions #2 & 3 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;
And with the following conditions:
  • One of the dwelling units will be owner occupied as required by the zoning by-law.
  • The Accessory Dwelling Unit will be limited to 900 square feet as required under the by-law.
Vote: 5-0-0, Unanimous (Mr. Pietrasiak and Mr. Manzo not voting)

Dorothy Risser, seconded by Jim Smith, moved to come out of deliberative session.

Vote: 5-0-0, Unanimous


Dorothy Risser, seconded by Jim Smith, made a motion to accept the minutes of April 14, 2011, as written.

Vote: 7-0-0, Unanimous

Dorothy Risser, seconded by Jim Smith, made a motion to accept the minutes of May 12, 2011, as written.

Vote: 7-0-0, Unanimous

Knott’s Clearing

Mr. Peznola updated the Board regarding The Knott’s Clearing cost certification.  CHAPA has completed the certification.  He had reviewed the draft and discussed it with Mr. Norris.  CHAPA has determined that they are still under their 20% allowed profit.  Ms. Burke noted that the final certification has been received in the office.


Mr. Peznola announced to the Board that this meeting would likely be his last meeting.  He explained that under the state’s conflict of interest law he can not be a volunteer board member and represent private clients before other Town boards.  There is an option to be designated as a Special Municipal Employee by the Board of Selectmen.  Mr. Peznola had requested that but on a 2-2 vote the Board did not grant his request.


At 8:00 PM, Dorothy Risser, seconded by Darja Nevits, moved to adjourn.

Vote: 7-0-0, Unanimous  

Document List June 16, 2011

Minutes of April 14, 2011
Planning Office
Minutes of May 12, 2011
Planning Office
Special Permit Application 90 Hunter Avenue
Planning Office
Knott’s Clearing Cost Certification
Planning Office