Minutes of Meeting— June 12, 2014
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, Dottie Risser, Todd Pietrasiak, Christopher Tibbals, Jill Schafer, Jennifer Burke, Planning Director and Teresa Vickery Clerk.
Petition 1052 – 13 Robert Road, Variance
Present were: Jose Moreira, Atty. at Law
Monica Moura, Applicant
Lawrence Norris convened the public hearing.
Dorothy Risser read the Right of Appeal.
The applicant is seeking to construct a garage on her property that is within the five foot side yard setback.
Atty. Moreira explained that the dwelling is a three bedroom split entry structure that was built in 1969. The applicant is proposing to build a two story two car garage on the property. The dimensions of the proposed addition is 24’ X 23.6’. This leaves five feet of the garage within the side yard setback.
Atty. Moreira stated that this is the only way that the garage can be constructed due to recent water issues. The applicant’s elderly grandfather resides in the home and sleeps in the lower level and would like that he be able to come and go while being protected from the elements with direct access to the house through the side door.
There are seven homes on street with single car garage, two homes with a double garage and five without a garage. Atty. Moreira gave the Board a list of signatures of ten neighbors in support of this variance.
Mr. Norris noted that this change cannot be considered pre-existing non-conforming due to the size of the addition being proposed. Atty. Moreira stated that the hardship in this case is due to the unique soil conditions, shape and topography of the land.
Mr. Pietrasiak noted that the hardship has not been proven as a one car garage would allow the grandfather to be safe from elements when coming and go as well.
Ms. Risser stated that a one car garage is more in keeping with the neighborhood per the calculations furnished by Atty. Moreira. Ms. Risser feels this is a very large addition to this house. The second floor above the garage will be an extension to the existing second floor room. She noted that the applicant could reduce the size of the garage by 5 feet on the side and still have a large one car garage and eliminate the need for the variance. Mr. Tibbals agreed.
Mr. Pietrasiak stated that the applicant could accomplish what they want by reducing the size by five feet it would just be a tighter fit and there wouldn’t be room on the walls for storage or shelving.
Christopher Tibbals, seconded by Dottie Risser, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous.
Ms. Schafer believes that the hardship criteria has not been met. Mr. Tibbals, Ms. Risser and Mr. Pietrasiak all feel that this hardship is self-imposed. Mr. Norris stated that the uniqueness of the lot was not fully defined and again he feels that the hardship was not proven.
Ms. Risser suggested that the Board offer the applicant the right to withdraw the petition without prejudice as if the petition is denied the applicant cannot re-file for two years. Ms. Moura agreed and requested that Board allow her to withdraw without prejudice.
Dorothy Risser, seconded by Christopher Tibbals, moved to allow the petitioner to withdraw without prejudice the application for a Variance under Section 6.2.1.3 to construct a garage within five feet of the side yard setback.
Vote: 5-0-0, Unanimous.
Dorothy Risser, seconded by Todd Pietrasiak, made a motion to come out of deliberative session.
Vote: 5-0-0, Unanimous.
Petition 1055 – 265 Washington Street, Variance
Present were: Jose Moreira, Atty. at Law
Georgiana Frias, Applicant
Elza Marcelino, Applicant
Lawrence Norris convened the public hearing.
Dorothy Risser read the Right of Appeal.
The applicant is seeking a variance to amend Petition 2005-18 to modify the hours of operation in the SA-8 Single Family District.
Atty. Moreira noted the current hours of operation at this site are Monday through Friday 7:00 AM to 6:00 PM. The request is to amend the hours to Monday through Friday 9:00 AM to 8:00 PM and Saturday 9:00 AM to 5:00 PM. The weekday morning opening delay of two hours may be beneficial as it will reduce the amount of rush hour traffic.
The business being proposed at this location is a medical beauty spa. The property will be owner occupied as Ms. Marcelino will reside on the second floor.
David Daigneault, 6 Vernon Drive questioned that the parking at the location is not sufficient to accommodate the 20 required spaces. Atty. Moreira stated that there is more than ample parking at the site. Ms. Burke noted that the parking plan supplied by the applicant shows 20 spaces.
Mr. Daigneault also asked about the exterior signage specifically it was going to be illuminated. Ms. Risser said that the sign would be the same as the one that is currently at the location. Ms. Burke noted that the requirement is that the sign cannot be any larger than four square feet and cannot be illuminated by colored or flashing lights.
Paul Boire, 7 Vernon Drive noted safety concerns regarding the traffic in the area.
Lawrence Norris, seconded by Christopher Tibbals, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous.
The Board was in agreement that this variance is simply continuing an existing use in an existing lot.
Lawrence Norris, seconded by Dorothy Risser, moved to grant a Variance under Section 5.2.2(f) to amend Petition 2005-18 to modify hours of operation based on the following findings:
- The Petitioner has standing to bring the Petition, and;
- The subject property is in the SA-8 District, and;
- That owing to circumstances relating to the soil conditions, shape and topography affect this land but not generally affecting the rest of the zoning district, and;
- A literal enforcement of the zoning by-law would involve substantial hardship to the developer, 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.
And with the following conditions:
- The new hours of operation will be Monday to Friday 9:00 AM to 8:00 PM and Saturday 9:00 AM to 5:00 PM.
Vote: 5-0-0, Unanimous
Dorothy Risser, seconded by Lawrence Norris, made a motion to come out of deliberative session.
Vote: 5-0-0, Unanimous.
Petition 2005-20 – Westridge, Minor Modification Request
Present was: David Eastridge, Thorndike Development
Mr. Eastridge is explained that the Planning Board approved the minor modification to the final phase of the site plan on May 6, 2014. The Board is in receipt of a letter from Ms. Burke stating this.
Mr. Eastridge briefly described the change. The applicant is proposing to eliminate eight units as some of the detached homes will be constructed as attached. The roadway widths are not changing but the locations have changed slightly with all of them moving away from the property lines. The reason for the changes is to make this phase more economical for the developer.
The parking will change due to the alleys along the side of the buildings. The driveways are 20 feet long and all but the eight interior units have a two car garage. These revisions to the plan have more parking than the originally approved plan.
Lawrence Norris, seconded by Dorothy Risser, made a motion to affirm the Planning Board’s decision of May 6, 2014 to deem the modifications to the Westridge Phase 2 – Site Development Plan as minor.
Vote: 5-0-0, Unanimous.
Minutes
Dottie Risser, seconded by Todd Pietrasiak, made a motion to accept the minutes of November 14, 2013, as written.
Vote: 3-0-0, Mr. Norris and Mr. Tibbals not voting.
Lawrence Norris, seconded by Todd Pietrasiak, made a motion to accept the minutes of December 12, 2013, as written.
Vote: 5-0-0, Unanimous.
Dottie Risser, seconded by Todd Pietrasiak, made a motion to accept the minutes of January 9, 2014, as written.
Vote: 4-0-0, Mr. Norris not voting.
Todd Pietrasiak, seconded by Jill Schafer, made a motion to accept the minutes of May 8, 2013, as written.
Vote: 3-0-0, Mr. Norris and Ms. Risser not voting.
Adjournment
At 8:15 PM, Christopher Tibbals, seconded by Todd Pietrasiak, moved to adjourn.
Vote: 5-0-0, Unanimous
Document List June 12, 2014
Document |
Location |
Petition 1052– 13 Robert Road |
Planning Office |
Petition 1055 – 265 Washington Street |
Planning Office |
Minutes of November 14, 2013 |
Planning Office |
Minutes of December 12, 2013 |
Planning Office |
Minutes of January 9, 2014 |
Planning Office |
Minutes of May 8, 204 |
|
| 
