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Zoning Board of Appeals Minutes 05/14/2015
Minutes of Meeting— May 14, 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, Darja Nevits, Jill Schafer, Jason Mauro, Pamela Cooper, Jennifer Burke, Planning Director and Teresa Vickery, Clerk.

Petition 1060: 12 Wheeler Road, Variance

The Board is in receipt of a letter dated May 12, 2015 from David Eastridge requesting a continuance to its meeting of June 11, 2015.  Mr. Eastridge noted that discussions with the Building Commissioner are ongoing and the applicant does not anticipate a resolution in advance of this evenings meeting.

Lawrence Norris, seconded by Todd Pietrasiak, made a motion to continue Petition 1060 until June 11, 2015 at 7:00 PM.

Vote: 6-0-0, Unanimous.

Petition 1036:  Madison Place, Comprehensive Permit
Present was:    Brian Bush, Heritage Properties

Mr. Bush is before the Board to request a modification to the landscaping plan for Madison Place.  The applicant is proposing to change some of the landscape elements in order to erect the buildings as designed.  This requires the applicant to change around the plantings.  The original drawings are not fully developed in terms of the plantings around the buildings.  There was just a list of the proposed plantings on the corner of the plans.  The applicant has asked the landscape architect create a more thorough and detailed landscaping plan.  

The net effect of the changes is as follows.  The original plans show 50 deciduous trees the applicant is proposing 65.  There were originally 48 ornamental trees on the plan this number has been reduced to 18.  The evergreen count was initially 48 and is now at 23.  The original shrub count was 200 that number is now at 470.  There was originally no perennial ground cover proposed, the applicant is proposing 660 four inch pots.  

Mr. Pietrasiak asked if there would be any planting in the snow storage areas.  Mr. Bush said no.  

Todd Pietrasiak, seconded by Lawrence Norris, made a motion to accept the revised landscaping plan for Madison Place as a minor modification.

Vote: 5-0-0, Jason Mauro not voting.

Lawrence Norris, seconded by Todd Pietrasiak, made a motion to accept the minutes of April 9, 2015, as written.

Vote: 6-0-0, Unanimous.

Lawrence Norris, seconded by Todd Pietrasiak, made a motion to allow Teresa Vickery to sign as Zoning Board Agent for matters regarding Madison Place in the absence of a Planning Director.

Vote: 6-0-0, Unanimous.

Petition 1061:  569 Main Street, Special Permit
Present was:    John Morello, Atty. at Law
Lawrence Norris convened the public hearing.

Darja Nevits read the Right of Appeal.

Todd Pietrasiak left the meeting as he is an abutter.

The applicant is seeking a special permit under section 3.3.10 to allow the premises to be used for the purposes of a machine shop, office space and warehouse within the Watershed Protection District in the M-6 Industrial District.

Atty. Morello explained that he represents the potential buyers of the building at 569 Main Street, Bob and MaryAnn Olsen.  

The building was built in 1989.  At that the time the Board issued a special permit to allow for a machine shop at the site.  The Board’s decision stipulated that any change of use to the premises would require a modification to the special permit.  This decision also required that the special permit be renewed every three years.     

There will be no changes to the structure of the building or the exterior.  The septic was moved in 2004.  The Title V certificate and inspection report have been submitted for the file.  

The use of the premises will remain the same but will be expanded to include a warehouse and office space.  The office space will be used by the Olsen’s to house their internet business  They are aware of the 16 previous conditions and intend on complying with all of them.  The other business will be a machine shop, its current use, called Mach Machine; the owner of this business is the applicant’s son Daniel Olsen.  He is also willing to comply with all conditions set in 1989.  

The conditions of the 1989 decision will remain in effect and continue to be met.

Mr. Mauro asked if an environmental site assessment was completed for the site (21E).  Atty. Morello said yes and it satisfactory.  

Mr. Norris stated that there would likely be less possible impact to the WPD as less of the building will be used as a machine shop than is currently being utilized.  

Ms. Burke noted that she was unable to find any renewals to the special permit since it was granted in 1989.  Therefore she suggests that the Board issue a new permit with the same conditions rather than renew the special permit from 1989.  

Mr. Norris would like the language regarding the expiration of the permit deleted from the decision.  

Lawrence Norris, seconded by Darja Nevits, made a motion to go into deliberative session.  

Vote: 5-0-0, Unanimous

Lawrence Norris, seconded by Darja Nevits, moved to grant a Special Permit – Watershed Protection District under Section 3.3.10 to allow the premises to be used for the purposes of a machine shop, office space and warehouse within the Watershed Protection District based on the following findings:

  • The Petitioner has standing to bring the Petition, and;
  • The subject property is located in the M-6 Industrial District, and;
  • The use is in harmony with the purpose and intent of this by-law and will promote the purposes of the Watershed Protection District as outlined in the project plans, and;
  • The use is appropriate to the natural topography, soils and other characteristics of the site to be developed, and;
  • The use will not have an adverse environmental impact on any water body or course in the district or the existing water supply.
And with the following conditions:

  • The fire road at the back of the property be connected to the adjacent fire road at 567 Main Street.
  • The storage of chemical drums on site be limited to a maximum equivalent of six 55-gallon drums, and be stored only in one segregated area protected by a dyke at 110% of maximum capacity and a spillage alarm.
  • No floor drains with the exception of bathrooms.
  • All electric power transformers are “double-sealed”.
  • The composition of oils and lubricants must not deviate from those declared in the “Yearly Consumption Amounts” page (contained within the information submitted by Kathleen Kane, Chemical Engineer to the ZBA October 26, 1989) without prior approval of the Fire Chief, Conservation Commission and the Zoning Board of Appeals.
  • No solvents are to be used in the building under any circumstances without prior approval of the Fire Chief, Conservation Commission and the Zoning Board of Appeals.
  • If Town sewer becomes available within 500 feet of the building, the applicant shall make connection to same within six months.
  • No underground storage of oil or gasoline is allowed.
  • All drainage structures shall have oil/grease traps.
  • There shall be no salt or salt-treated sane used for winter conditions within the parking and driveway areas.
  • The storage of hazardous materials as described in Section 3.3.10, “Watershed Protection District”, Section IV, “Prohibited Uses”, Section A.7 is prohibited.
  • Any change in the site form that which is stated in the petitioner’s filing be required to appear before the ZBA for approval.
  • The information submitted to the ZBA by Kathleen Kane, Chemical Engineer, on October 26, 1989, and the accompanying dialogue as recorded in the minutes of the meeting are considered to be part of the proposal submitted by the petitioner.
  • That the proper filing with the Registry of Deeds shall be recorded and proof of the filing shall be provided to the Building Inspector before any work begins.
  • Any environmental problems must be immediately reported to the DPW, the Board of Health and the Conservation Commission of the Town of Hudson.  Failure to do so will cause the special permit to be revoked.
Vote: 5-0-0, Unanimous

Lawrence Norris, seconded by Darja Nevits, made a motion to come out of deliberative session.  

Vote: 5-0-0, Unanimous


At 8:00 PM, Lawrence Norris, seconded by Darja Nevits, moved to adjourn.

Vote: 5-0-0, Unanimous  

Document List May 14, 2015

Letter from David Eastridge requesting continuance
Planning Office
Petition 1061 – 569 Main Street application for a Special Permit
Planning Office
Petition 1036 – Modified landscaping plan for Madison Place
Planning Office
Minutes of April 9, 2015
Planning Office