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Zoning Board of Appeals Minutes 11/14/13
Minutes of Meeting— November 14, 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, Dorothy Risser, Todd Pietrasiak, Darja Nevits, Jill Schafer, Jennifer Burke, Planning Director and Teresa Vickery Clerk.

Petition 1044: 19 Orchard Drive, ADU
Steven & Jennifer Smith, Applicants
Ken Philips, Atty. at Law

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. Philips presented the plan to the Board.  He noted that there will not be any additions or alterations to the exterior of the house.  The existing kitchen, living room and bedroom will be for the accessory unit.  The changes to the interior will be the addition of a separate kitchen.  The entrance to the ADU will be on the side of the house.  The unit is slightly less than 900 square feet in size.  

There is ample parking as the driveway is crescent shaped and would facilitate with the exit and entry of the vehicles onto the street.  

Mr. Peznola noted for the record that there is an affidavit in the file that the unit will be owner occupied.  

Mr. Peznola explained that there is a requirement that there needs to be two additional parking spaces and this needs to be shown on the plans.  The parking must be done in a way that is compliant with the zoning requirements and doesn’t involve stacking the vehicles between the two units.  

The Board agreed to include a condition that the applicant will provide the Planning Director and Building Inspector with the parking plans before the issuance of any building permits.  

Doug Cedrone, 21 Orchard Drive spoke in favor of granting the special permit.  

Mr. Peznola did state that the applicant would need to seek a modification to the special permit if the Building Commission doesn’t approve the parking spaces.  

James Smith, seconded by Joe Peznola, made a motion to go into deliberative session.  

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

Dorothy Risser, seconded by Todd Pietrasiak, moved to approve the Special Permit under section 5.2.6 to construct an Accessory Dwelling Unit based on the 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 ;
  • The petitioner has provided an affidavit stating intent to occupy one of the dwellings.
And with the following conditions:
  • The petitioner shall provide to the Planning Director and Building Commissioner a plan delineating the required two additional parking spaces for zoning compliance prior to the issuance of any building permit.
Vote: 5-0-0, Unanimous.  Jill Schafer not voting.

Joe Peznola, seconded by James Smith, made a motion to come out of deliberative session.

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

Petition 1045: 7 Crestview Drive, Administrative Appeal
Present was:    Mark Cook, Sprint Representative

Mr. Peznola convened the public hearing.

Ms. Risser read the Right of Appeal.

The applicant is seeking to modify a previously approved special permit for a wireless communication facility in the SA-5 residential district.  Mr. Cook explained that Sprint has been operating at the existing facility at 7 Crestview Drive since 2002.  The uni-pole was approved in 2000 by the ZBA for on behalf of AT&T, who still owns the pole.  The pole is on a parcel of land owned by the Town of Hudson.    The Town and AT&T have a landlord / tenant agreement and Sprint has a sublease with AT&T to place its equipment on the pole.  

Sprint has been operating the facility via a building permit that was issued in 2002.  Sprint would now like to upgrade some of the equipment at the facility.  Three existing panel antennas are being replaced with new ones and they are proposing adding six remote radio head (RRH) units.  These radio heads help to facilitate and speed up the transmission and reception of signals.  In order to accomplish this Sprint needs to replace the existing 28” diameter shroud with a 48” shroud.  The increase in the diameter only occurs between the 75 and 85 foot level.  The shroud would block the antennas and the RRH units from public view.  Sprint is not proposing any expansion on the ground.  

Mr. Cook also noted that the GPS antenna will be replaced.  Mr. Peznola asked if it is the same size as the existing one.  Mr. Cook said yes.

Mr. Smith asked if there will be any increase in the noise that is emitted.  Mr. Cook said no.

Bill Wade, 6 Crestview Drive questioned the diameter of the shroud.  He noted that the shroud will make the tower much more visible as 20” is a substantial increase in the diameter.  Mr. Wade stated that the RRH units are 12 X 10 feet and they are the reason for the increase in the diameter.  He did note that the RRH units can be deployed on the ground, therefore leaving the existing diameter of the shroud at 28”.  

Mr. Cook stated that the RRH units cannot be placed on the ground because of the very high call volume at this area and the units need to be immediately adjacent to the panel antennas to manage the call traffic that this site handles.  

Mr. Cook will be providing radio frequency diagrams illustrating and substantiating the differential in coverage this would create.

The Board will continue the hearing to its next meeting in order to allow the applicant to gather data to present to the Board.  

Joe Peznola, seconded by Dorothy Risser, made a motion to continue the Public Hearing for 7 Crestview Drive until December 12, 2013 at 7:00 PM.

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


Dottie Risser, seconded by Joe Peznola, made a motion to accept the minutes of September 12, 2013, as written.

Vote: 6-0-0, Unanimous


At 7:45 PM, Darja Nevits, seconded by Joe Peznola, moved to adjourn.

Vote: 6-0-0, Unanimous  

Document List November 14, 2013

ADU Application, 19 Orchard Drive
Planning Office
Administrative Appeal – 7 Crestview Drive
Minutes of September 12, 2013
Planning Office