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Zoning Board of Appeals Minutes 02/09/12
Minutes of Meeting— February 9, 2012
The Hudson Board of Appeals met in the Selectmen’s Hearing Room, Town Hall, Hudson, Massachusetts.  At 7:00 p.m., Joseph Peznola called the meeting to order.
Present:        Joseph Peznola, Dorothy Risser, Todd Pietrasiak, Darja Nevits, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.

Candidate for Vacancy

The Board received met with candidate Jill Schafer to fill the vacancy left by Mr. Manzo.  The Board received a copy of Ms. Schafer’s resume and felt she was an excellent candidate and feels her experience will be an asset to the Board.  

Joe Peznola, seconded by Darja Nevits, made a motion to recommend Ms. Schafer to the Board of Selectmen to fill the associate member vacancy.  

Vote: 4-0-0, Unanimous


Dorothy Risser, seconded by Todd Petrasiak, made a motion to accept the minutes of October 13, 2011, as written.

Vote: 4-0-0, Unanimous.

Lawrence Norris arrived.

Petition 1028: Highland Commons Association, LLC, Variance
Present were:   Jed Hayes, Sullivan Hayes
        James Boglioli, Benderson Development

Lawrence Norris convened the Public Hearing.

Dottie Risser read the Right of Appeal.

Mr. Hayes explained that Benderson Development has signed on a new tenant for a supermarket.  The footprint of the store is 20,000 square feet larger than the original footprint.  The applicant is seeking relief for the number of parking spaces required on the Hudson side.  He stated that four parking spaces were lost on the Hudson side of the parcel, however, forty one spaces are gained on the Berlin.  There was a gain of 13,000 square feet of building area added on the Hudson side.  
Mr. Norris stated that the distance between the water tower and the building has been diminished.  He asked if this would cause a problem for the turning of large tractor trailer trucks.  Mr. Boglioli said that a turning radii was tested with a 50 foot trailer and there were no issues.  

Mr. Boglioli informed the Board that they had received a letter from the Planning Board stating that this was considered a minor modification to the site plan.  

Mr. Hayes stated that the intent is to begin within the next 30 to 45 days.  The pad is flat and the parking lot is paved.  

Mr. Peznola would like a condition added that if the net gain of spaces drops below 22 then the applicant would need to come back before the Board for further modification.  

Christopher Tibbals arrived.

Joe Peznola, seconded by Darja Nevits, made a motion to go into deliberative session.

5-0-1, Christopher Tibbals not voting.

Lawrence Norris, seconded by Dorothy Risser, moved to approve a Variance under Section 7.1.5 to amend a Variance from section 7.1.5 granted on September 10, 2009 regarding the minimum parking requirement based on the following findings:

  • The Petitioner has standing to bring the Petition, and;
  • The subject property is located in the LCI District, and;
  • That owing to circumstance related to the soil conditions, shape and topography affect this land but not generally affecting the rest of the zoning district in that the site is substantially constrained by steep grades and the presences of wetland and riverfront area, and;
  • A literal enforcement of the zoning by-law would involve substantial hardship to the developer in that the construction of additional parking would be costly causing a financial hardship, 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 in that there are differences in the peak parking demand times, the possibility of shared parking and the actual parking requirements for the diverse mix of shopping center tenants should be sufficient to serve the needs of the project.
And with the following conditions:

  • Non-accessory restaurant uses will be allowed subject to the determination of the Planning Director that the Developer has provided an analysis by an appropriate and licensed professional sufficient to confirm that the parking provided is likely to be adequate to accommodate the anticipated parking demand generated by said non-accessory restaurant use.  At the Planning Director’s discretion, the Developer may have to return to the Board for approval of said non-accessory restaurant use.
  • If the net gain of parking in the whole site drops below 22 parking spaces, the Developer is required to return to the Board of Appeals for modification to the variance.
5-0-1, Christopher Tibbals not voting.

Dorothy Risser, seconded by Todd Petrasiak, made a motion to come out of deliberative session.

Vote: 5-0-1, Christopher Tibbals not voting.


At 7:40 PM, Lawrence Norris, seconded by Todd Pietrasiak, moved to adjourn.

Vote: 6-0-0, Unanimous  

Document List February 9, 2012

Variance Application – Highland Commons
Planning Office
Letter from the Planning Board to Benderson Development
Planning Office
Resume & Interest Card for Vacancy – Jill Schafer
Planning Office
Minutes of October 13, 2011
Planning Office