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Zoning Board of Appeals Minutes 03/12/15
Minutes of Meeting— March 12, 2015
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, Todd Pietrasiak, Dorothy Risser, Darja Nevits, Christopher Tibbals, Jill Schafer, Jason Mauro, Pamela Cooper and Teresa Vickery, Clerk.

Petition 1059: 312 Main Street, Special Permit
Present were:   Paul Giannetti, Atty. at Law
                Robert DiBendetto, Hancock Associates
Lawrence Norris convened the Public Hearing.

Dottie Risser read the Right of Appeal.

Atty. Giannetti stated that the applicant is seeking to increase the number of parking spaces from 141 to 224 in the M-3 Industrial District.  The special permit is to further reduce the open space requirement for the site from 26.6% to 12.7%.  It is pre-existing non-conforming and the applicant is seeking to increase its non-conformity.  There has been an ongoing issue with this property as there is not enough parking relative to the amount of space available.  This has proved to be a hardship to the applicant as it is difficult to get tenants without ample parking.  

Mr. DiBendetto explained that the applicant is proposing to expand the parking area at 312 Main Street on west side of the property.  There are currently two parking areas for this building; one on the east side and one on the west, the parking area on the east will not be altered in any way.  They are proposing to increase the parking by 83 normal spaces and three handicapped.  The total number of spaces will be 224 plus 7 handicapped.  

There is a right of way on the west side of the property that will be used as a second means of egress.  This right of way will be exit only and left turn only.  

The lot at the back of the property has been slightly raised in order to avoid having to erect retaining walls.  The drainage was also slightly reconfigured in order to eliminate the need for a retaining wall.  

There is an existing drainage system on the property that is functioning.  There is also an existing drainage easement along the south end of the property.  The proposed infiltration system will be approximately three feet outside of the drainage easement.  This system retains water and also filters it in a series of chambers.

Mr. Norris expressed his concern for the condition of the pipes in the existing drainage system that will not be updated.  He questioned whether the entire drainage system should be tied together into an entirely new system.

Mr. Norris then asked where the snow storage areas will be.  Mr. DiBendetto explained that the requirement for snow storage is 5% and they will be supplying 6.3%.  He also showed the demarcated snow storage areas.  

Mr. Pietrasiak noted that there are not any wheels stops / bumper guards at the end of parking spaces illustrated on the plans.  He went on to say that the applicant did not ask for any relief regarding this as there are not currently any on the site he assumes they will not be adding them to the parking spaces.  However, the by-law does specifically call for wheel stops.*  

Atty. Giannetti stated that wheel stops would effect drainage and snow clean up on this site and would make no sense to include them on the property.  Mr. Pietrasiak agreed.  

Ms. Risser asked Atty. Giannetti if the applicant would consider having the sign at the end of the right of way facing out so those attempting to enter could see the ‘Do Not Enter’ sign.  Atty. Giannetti said yes.  

Steve Koral, 298 Main Street cited his concerns for the residential dwellings in the area and the reduction of green space on the site.  He asked for some compromise.  Atty. Giannetti explained that this plan has already been before several Boards and the plan in front of the Board tonight is already a comprised plan.  

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

Vote: 5-0-0, Jill Schafer, Pam Cooper and Jason Mauro not voting.

Ms. Risser stated that she would like the location of the sign along the easement included as a condition of approval.  

Mr. Pietrasiak noted that the one of locations designated for snow storage is tight and may not work well however even if this location was removed as a snow storage area the applicant still meets the required snow storage area.  Mr. Tibbals agreed.

Ms. Nevits suggested that there be no removal of any trees or shrubs in order to maintain a buffer.  A lengthy discussion ensued.  Mr. Norris ultimately stated that this is a difficult site and this may not be an easy condition to impose.  

Ms. Shafer stated that she believes granting this permit would be good for the Town.  

Ms. Cooper questioned whether the drainage should be evaluated before work were to begin on the site.  Mr. Norris felt that the Board could forego this condition.  

Lawrence Norris, seconded by Dorothy Risser, moved to grant a Special Permit under Section increase the number of parking spaces from 141 to 224 total spaces and increasing the pre-existing non-conforming nature of the open space and wheel stops requirements based on the following findings:
  • The Petitioner has standing to bring the Petition, and;
  • The subject property is located in the M-3 Industrial 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 affected.
And the following conditions:
  • A “Do Not Enter” sign shall be placed at the entrance of the parking lot on the westerly side of the property facing Sawyer Lane.
Vote: 5-0-0, Jill Schafer, Pam Cooper and Jason Mauro not voting.

Darja Nevits, seconded by Dorothy Risser, made a motion to come out of deliberative session.

Vote: 5-0-0, Jill Schafer, Pam Cooper and Jason Mauro not voting.

*The Board had originally voted to include a condition to allow the exclusion of the required wheel stops.  Ms. Burke, after reviewing the by-law, saw this as a pre-existing non-conforming issue and therefore removed the condition.  


Todd Pietrasiak, seconded by Dorothy Risser, made a motion to accept the minutes of February 12, 2015 as written.

Vote: 8-0-0, Unanimous.


At 8:00 PM, Todd Pietrasiak seconded by Darja Nevits, moved to adjourn.

Vote: 8-0-0, Unanimous  

Document List March 12, 2015

Petition 1059 – 312 Main Street, Special Permit
Planning Office
Minutes of February 12, 2015
Planning Office