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Zoning Board of Appeals Minutes 08/08/13
Minutes of Meeting— August 8, 2013
The Hudson Board of Appeals met in the Selectmen’s Hearing Room, 2nd Floor, Town Hall, Hudson, Massachusetts.  At 7:00 PM, Joseph Peznola called the meeting to order.
Present:        Joseph Peznola, Jim Smith, Jill Schafer, Christopher Tibbals, Dorothy Risser, Darja Nevits and Jennifer Burke, Planning Director.

Petition 1041: 43 Laurel Drive, ADU
Present were:   Francis & Julie Joyner, Applicants

Mr. Peznola convened the public hearing.

Ms. Risser read the Right of Appeal.

The applicant is seeking a special permit under section 5.2.6 of the zoning by-laws to allow for the construction of an accessory dwelling unit in the SA-8 Single Family District.  

Mr. Joyner is requesting to construct a 600 square foot addition for his aging mother in law.  The ADU will be comprised of a bedroom, bathroom and small kitchen.  The property line set backs are well within what is required.  There is ample parking at the house for the new addition.  

Mr. Peznola noted that the applicant wants to move the required location of the door.  Mr. Joyner explained that his mother in law has diabetic neuropathy and uses a walker.  The land slopes steeply to the rear of the lot, therefore he is requesting that the door be located at the front of the home.  If the door had to be located to the side of the structure a large ramp would be needed for access.  He noted that other houses in the neighborhood have two front entrances and this would keep with the character of the present neighborhood and would be more esthetically pleasing than a ramp.  

Mr. Peznola explained that the by-law states that there needs to be two additional parking spaces added.  He did note that there is currently ample parking space and the Board would waive that requirement.  Ms. Burke stated that the only way this can be waived is if it relates to an accessibility issue.  The waiver will be granted as long a “paper spots” are provided.

Mr. Peznola requested a copy of the affidavit stating that the home will be owner occupied.  Ms. Risser asked that a copy of the handicapped placard be placed in the file as well.  

Dorothy Risser, seconded by Darja Nevits, made a motion to go into deliberative session.  

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

Joe Peznola, seconded by Dorothy Risser, moved to approve petition 1041 and allow the construction of an Accessory Dwelling Unit based on following findings:

  • The Petitioner has standing to bring the Petition, and;
  • The subject property is located in the SA-8 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 ;
And with the following conditions:
  • The Petitioner will provide an affidavit stating that they will occupy one of the dwellings to complete the file.
  • The Board waives the requirement for 2 additional parking spaces with the provision that they will be provided should it be determined that they be necessary and that they be handicap accessible and be accessed from the existing driveway.
  • The Petitioner will provide a copy of the handicap placard to allow the Board to grant the location of the door to the ADU in the front of the house for accessibility purposes.  
Vote: 5-0-0, Unanimous.  Jill Schafer not voting.

James Smith, seconded by Dorothy Risser, made a motion to come out of deliberative session.

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


Joe Peznola, seconded by James Smith, made a motion to accept the minutes of June 13, 2013, as written.

Vote: 6-0-0, Unanimous


At 8:00 PM, Darja Nevitts, seconded by Joe Peznola, moved to adjourn.

Vote: 6-0-0, Unanimous  

Document List August 8, 2013

ADU Application, 43 Laurel Drive
Planning Office
Minutes of June 13, 2013
Planning Office