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Zoning Board of Appeals Minutes 10/13/11
Minutes of Meeting— October 13, 2011
The Hudson Board of Appeals met in the Selectmen’s Hearing Room, Town Hall, Hudson, Massachusetts.  At 7:30 p.m., Lawrence Norris called the meeting to order.
Present:        Lawrence Norris, Joe Peznola, Dorothy Risser, James Smith, Darja Nevits, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.

Petition 1025: 31 Washington Street, Special Permit

Lawrence Norris convened the public hearing.

Dorothy Risser read the Right of Appeal.

As the applicant for the Special Permit was not in attendance the Board proceeded without him.  The Board proceeded because if the petition was not heard tonight the applicant would not have time to get a license from the Board of Selectmen in time to sell Christmas trees this season.  

The Board noted that Christmas trees have been sold here for many years and this is simply a matter of housekeeping.  The same seller as in the past will be selling the trees and they will be selling from the same spot in the parking lot.  

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

Vote: 5-0-0, Unanimous

Lawrence Norris, seconded by Joseph Peznola, moved to grant a Special Permit under Section 5.2.3.1. H to allow the sales of Christmas trees in a residential district based on the following findings:

  • The Petitioner has standing to bring the Petition, and;
  • The subject property is located in the SB Single Family District, and;
  • The use will not have an adverse effect on present and future dwellings in the vicinity, and
  • The use will not create traffic hazards or volume greater than the capacity of the streets affected.
And with the following condition:
  • An annual license will need to be obtained from the Board of Selectmen.
Vote: 5-0-0, Unanimous

Lawrence Norris, seconded by James Smith, made a motion to come out of deliberative session.

Vote: 5-0-0, Unanimous.
        
Petition 1026: 1 Mildred Circle, Special Permit
Present was:     Brian Allen, KJK Wireless

Lawrence Norris convened the public hearing.

Dorothy Risser read the Right of Appeal.

Mr. Allen informed the Board that he is requesting a Special Permit under section 5.9 of the zoning by-laws to modify an existing Special Permit on Petition 12-00/01 in the SB Single Family District.  Mr. Allen explained that this is currently a 97 foot internally mounted monopole.

Due to new technology the applicant is looking to bump out a 10 foot section of the pole from the current 24 inch diameter to make the diameter 28 feet.  He believes this is a minor modification to the existing special permit.  

The existing pole is too thin to accommodate the new wires.  Mr. Allen showed the Board a photo simulation of what the new tower would look like.  An additional exterior cabinet will be mounted on an H frame pole in the fenced in area.   

The FCC requires that all old technology be kept in tact for those who still have phone which utilize this technology.  Therefore, multiple technologies will be running at the same time thus requiring more antennas.  Three antennas will be replaced with bigger ones to be able to carry technology for different types of phones.  

Mr. Norris asked if this will change the coverage area.  Mr. Allen stated that the only change will be to the tower.  The technology is for the new 4G technology as the existing antennas do not supply enough speed.  

Mr. Norris noted that one of the conditions of the first special permit was that any changes to the pole needed to be brought back before the Board and if this condition was not included Mr. Allen would not have had to apply for the modification.  Mr. Norris would like to strike this condition.

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

Vote: 5-0-0, Unanimous

Lawrence Norris, seconded by Joseph Peznola, moved to grant a Special Permit under Section 5.9 to modify an existing Special Permit on Petition 12-00/01 based on the following findings:

  • The Petitioner has standing to bring the Petition, and;
  • The subject property is located in the SB Single Family District, and;
  • The use will not have an adverse effect on present and future dwellings in the vicinity, and
  • The use will not create traffic hazards or volume greater than the capacity of the streets affected.
And with the following condition:
  • The same conditions and findings from Petition 12-00/01 apply except that Condition 3 regarding modification of the tower will be removed.
Vote: 5-0-0, Unanimous

Lawrence Norris, seconded by James Smith, made a motion to come out of deliberative session.

Vote: 5-0-0, Unanimous.

Petition 1027: Crestview Drive, Special Permit
Present was:     Brian Allen, KJK Wireless

Lawrence Norris convened the public hearing.

Dorothy Risser read the Right of Appeal.

Mr. Allen informed the Board that he is requesting a Special Permit under section 5.9 of the zoning by-laws to modify an existing Special Permit on Petition 11-00/01 in the SB Single Family District.  Mr. Allen explained that this is currently a 96 foot internally mounted monopole with local 911 service antennas on top.

The only difference to this Special Permit relative to the prior is that the diameter will be bumped out from 18 inches to 28 inches in diameter.  He also supplied the Board with photo simulations.  

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

Vote: 5-0-0, Unanimous.

Lawrence Norris, seconded by James Smith, moved to grant a Special Permit under Section 5.9 to modify an existing Special Permit on Petition 11-00/01 based on the following findings:

  • The Petitioner has standing to bring the Petition, and;
  • The subject property is located in the SB Single Family District, and;
  • The use will not have an adverse effect on present and future dwellings in the vicinity, and
  • The use will not create traffic hazards or volume greater than the capacity of the streets affected.
And with the following condition:
  • The same conditions and findings from Petition 11-00/01 apply except that Condition 3 regarding modification of the tower will be removed.
Vote: 5-0-0, Unanimous

Lawrence Norris, seconded by James Smith, made a motion to come out of deliberative session.

Vote: 5-0-0, Unanimous.

Minutes

Lawrence Norris, seconded by Joe Peznola, made a motion to accept the minutes of July 14, 2011, as corrected.

Vote: 5-0-0, Unanimous

Adjournment

At 8:00 PM, Lawrence Norris, seconded by Joe Peznola, moved to adjourn.

Vote: 5-0-0, Unanimous  


Document List October 13, 2011


Document
Location
Special Permit Application for 31 Washington Street
Planning Office
Special Permit Application for 1 Mildred Circle and Plans dated
Planning Office

Special Permit Application for Crestview Drive and Plans dated
Minutes of July 28, 2011
Planning Office