Skip Navigation
This table is used for column layout.
Zoning Board of Appeals Minutes 03/14/13
Minutes of Meeting— March 14, 2013
The Hudson Board of Appeals met in the Selectmen’s Hearing Room, 2nd Floor, Town Hall, Hudson, Massachusetts.  At 7:00 PM, Lawrence Norris called the meeting to order.
Present:        Lawrence Norris, Joseph Peznola, Todd Pietrasiak, Jill Schafer, Christopher Tibbals, Dorothy Risser, Darja Nevits, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.

Petition 1039: 22 Winter Street, Special Permit
Present were:   Armindo Chaves, Applicant
        Tony Cabral, Representing the Applicant

Mr. Norris convened the public hearing.

Ms. Risser read the Right of Appeal.

The applicant is seeking a special permit under section of the zoning by-laws to allow for the conversion of an existing two family dwelling into a three family dwelling in the SB Single Family District.  

A permit was approved in 2008 however the project was delayed and the permit expired.  

Mr. Cabral explained that the applicant is proposing to convert an attic to a third floor apartment with two bedrooms a kitchen and bathroom.  There is a porch on this level which will be reframed along with the existing attic.  The proposal includes the addition of sprinklers, carbon monoxide detectors and smoke detectors.  

Mr. Pietrasiak asked in the height of the building will increase.  It was noted that the pitch of the roof will change and the height will go from 6’8” to 7’8”.  

There was no input from the public.

Lawrence Norris, seconded by Dorothy Risser, made a motion to go into deliberative session.  

Vote: 5-0-0, Unanimous.  Jill Schafer and Todd Pietrasiak not voting.

Mr. Peznola noted that a condition be added that the dwelling be owner occupied in perpetuity.  

Lawrence Norris, seconded by Dorothy Risser, moved to grant a Special Permit under Section to allow for the conversion of the existing two family dwelling into a t here family dwelling 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 effected, and ;
  • The home was in existence as a two family dwelling at the time of adoption of the by-law.
And with the following conditions:
  • The dwelling will be owner occupied in perpetuity.
Vote: 5-0-0, Unanimous.  Jill Schafer and Todd Pietrasiak not voting.

Lawrence Norris, seconded by Dorothy Risser, made a motion to come out of deliberative session.

Vote: 5-0-0, Unanimous.  Jill Schafer and Todd Pietrasiak not voting.

Ms. Nevits left the meeting.

Petition 1036: Cabot Road, Comprehensive Permit, Cont.
Present were:   Paul Giannetti, Esq.
                Paul Feldman, Esq.
                Joseph D. Lynch, Senior VP, Conroy Development Corp.
                James J. Devellis, Engineer, Devellis Zrein, Inc.
                Shaun P. Kelly, Senior Project Manager, Vanasse & Assoc., Inc.
                Kenneth Hysczzak, Architect, KH Architecture

Mr. Norris read a letter from Hudson’s ADA Committee into the record.  This letter contained several questions for the Board.  There two sets of stairs along the periphery of the plot plan and the Committee would like to know what is the purpose of these stairs where they lead and if it will exclude one with limited mobility from accessing this area.  The next question was in regards to the existing walking/jogging area on the site and whether the applicant considered this when designing the plans.  They also questioned the grade of the site, they asked if the slopes will be minimized to allow for easy navigation of the grounds by pedestrian traffic.  The Committee asked if the applicant has addressed the issue of transportation to and from the site.  Lastly, the ADA Committee requested that the applicant design all housing units to be handicapped accessible and asked if the applicant would consider designing a fully handicap equipped unit.  

Atty. Giannetti explained that the applicant is going to cover five areas tonight.  The traffic study update, the architectural peer review process, the drainage review, the response to the ADA letter and the update report on the Wal-Mart access.

Mr. Kelly began by discussing the traffic signal warrant analysis.  At the last meeting the Board asked that the applicant look at the intersection of Cabot Road and Technology Drive.  The applicant conducted nine signal warrants and none of the warrants; now or in the future; meets the criteria for a signal based on the requirements.    

Mr. Hysczzak explained that for a project this size there is a requirement that 5% of the units be fully handicapped accessible.  There will be elevators at the entrances / exits and will all be handicapped accessible.

The pitch of the roof was questioned at the last meeting.  Mr. Hysczzak stated that the lower pitch works better because of the height of the building.  The lower pitch lessens the visual impact of the roof.  

Mr. Devellis updated the Board as to some recent changes to the plans.  One set of the stairs has been taken away, the garden area has been moved to behind the clubhouse, the playground area has been moved near the garden area and the access to Wal-Mart has been moved as well.  

A storm water management report has been submitted to the Board.  The report shows two drainage areas.

The grades throughout the site are all under 5%.  All of the sidewalks are handicapped accessible.  

The parking spaces have been changed to 18 X 22 instead of 17 X 20.  

Mr. Peznola asked that the applicant begin to formulate the landscaping design and submit it to the Board.  He also asked for more information on the car ports.  

Atty. Giannetti asked what additional information the applicant can bring to the Board for its next meeting.  The Board asked that they bring in landscaping designs and additional information and detail on drainage, the carports and the hydrants.  

Mr. Peznola cautioned the applicant to keep in mind that they need to appoint a monitoring agent for this project.

Atty. Feldman asked if the Board would agree that the traffic portion of the hearing is complete.  The Board will send Mark Howland the additional information and if he agrees with the results they can consider this portion complete.  

Atty. Feldman noted that they are still working on the sewer fees and I & I issue.  He stated that if the project stays on this track they may not need to request the waiver for the I & I.  He went on to say that the applicant’s goal is to make the waiver request list as short as possible.  

Lawrence Norris, seconded by Dorothy Risser, made a motion to continue the public hearing for Cabot Road until April 11, 2013 at 7:00 PM.

Vote: 6-0-0, Unanimous


Lawrence Norris, seconded by Dorothy Risser, made a motion to accept the minutes of February 7, 2013, as written.

Vote: 6-0-0, Unanimous


At 8:20 PM, Lawrence Norris, seconded by Joe Peznola, moved to adjourn.

Vote: 6-0-0, Unanimous  

Document List March 14, 2013

Letter from S & S Realty Trust
Planning Office
Traffic Signal Analysis
Planning Office
Letter from Hudson’s ADA Committee
Email from Tony Marques dated 01/29/13
Planning Office
Special Permit Application, 22 Winter Street
Planning Office
Minutes of January 10, 2013
Planning Office