Minutes of Meeting— June 11, 2015
The Hudson Board of Appeals met in the Selectmen’s Hearing Room, 2nd Floor, Town Hall, Hudson, Massachusetts. At 7:00 PM, Todd Pietrasiak called the meeting to order.
Present: Todd Pietrasiak, Dorothy Risser, Darja Nevits, Christopher Tibbals, Jill Schafer, Jason Mauro, Pamela Cooper and Teresa Vickery, Clerk.
Petition 1060: 12 Wheeler Road, Variance
Present was: David Eastridge, Thorndike Development
Jeff Wood, Building Commissioner, Town of Hudson
Mr. Eastridge explained that he sent a letter to Jeff Wood on May 11, 2015 outlining his arguments in writing as to why he believes there is no need for a variance. Mr. Wood believes that this is a matter for the ZBA.
Mr. Eastridge is arguing that the side lot of set back of 10 feet is applicable in this case. However Ms. Risser noted that the zoning in Hudson states that corner lots do not have a side yard only two fronts therefore they setback is 20 feet on both sides. Mr. Eastridge disagrees.
Mr. Eastridge submitted a letter dated June 11, 2015 requesting a continuance until the Board’s next meeting. Ms. Vickery stated that there is no July meeting scheduled. Mr. Eastridge cannot attend the August meeting therefore the hearing will be continued to September 10, 2015.
Dorothy Risser, seconded by Todd Pietrasiak, made a motion to continue Petition 1060 until September 10, 2015 at 7:00 PM.
Vote: 7-0-0, Unanimous.
Petition 1062: 6 Four Bridges Road, Special Permit - Accessory Dwelling Unit
Present was: Lisa Percuoco, Applicant
Todd Pietrasiak convened the public hearing.
Dorothy Risser read the Right of Appeal.
Ms. Percuoco explained that she was granted a special permit for an ADU a year ago. When work on the addition commenced it was discovered once the garage had been demolished that the existing foundation was not up to code and could not be used. They are now taking the opportunity to change the layout for the ADU and shift the foundation a bit further from the house and enlarge it slightly.
The original plan was to utilize septic however this plans shows that are proposing to tie into Town sewer. The proposed structure is within all setback requirements.
Mr. Pietrasiak noted that the door is on the front of the proposed structure. All entrances must be located on the side or rear of the building as per the by-law. Ms. Percuoco stated that the first approval was granted with the door at the front.
Mr. Pietrasiak suggested that Ms. Percuoco reconfigure the location of the door and come back before the Board at its next meeting.
Mr. Mauro asked about the parking plan. Ms. Percuoco said there is ample parking and a parking plan was submitted.
Todd Pietrasiak, seconded by Christopher Tibbals, made a motion to continue the public hearing for Petition 1062 to August 13, 2015 at 7:00 PM.
Vote: 7-0-0, Unanimous
Petition 1063: 2 Michigan Drive, Special Permit - Accessory Dwelling Unit
Present were: Christopher P. Yates, Atty. at Law
Karen, Kenneth & Robert Yorston, Applicants
Todd Pietrasiak convened the public hearing.
Dorothy Risser read the Right of Appeal.
Atty. Yates explained that the property was purchased in 2006 and advertised with an in-law apartment. However they have found that the in-law apartment was not properly permitted and would like to seek a special permit in order to do so.
The existing ADU is 777 square feet. The ADU includes a kitchen, dining area, living area, three bedrooms and a bathroom. The property utilizes town water and sewer. Karen and Kenneth Yorston reside in the main dwelling, which is 1,053 square feet in area. Robert resides in the in-law portion of the home.
There is parking for four vehicles but can accommodate up to ten vehicles.
The by-law states that only two bedrooms are permitted in an ADU. Atty. Yates stated that the plans will need to be altered slightly to remove one of the bedrooms by eliminating a closet within one of them. Atty. Yates questioned whether the Board would be willing to condition this or would they prefer to see a revised set of plans before making a decision. Mr. Pietrasiak stated that he would like to see a new set of plans submitted.
The question regarding “habitable space” was brought up by Ms. Nevits as the area is very close to the maximum allowed and if bathrooms are counted as habitable space then it may very well be over the limit. Ms. Vickery stated she would get the definition.
Diane Millet, 21 Cayuga Drive asked that if the applicants sell the home would the dwelling then become a two family home. Mr. Pietrasiak explained that the special permit remains with the property not the owner.
Todd Pietrasiak, seconded by Dorothy Risser, made a motion to continue the public hearing for Petition 1063 to August 13, 2015 at 7:00 PM.
Vote: 7-0-0, Unanimous
Petition 1064: 7 Worcester Avenue, Special Permit - Accessory Dwelling Unit
Present was: Steve Poole, Lakeview Engineering Assoc.
Mary Kelly, Applicant
Todd Pietrasiak convened the public hearing.
Dorothy Risser read the Right of Appeal.
Mr. Poole presented the petition to the Board. The applicant is proposing to create an ADU within a portion of an existing structure above the garage that was permitted in 2005. The exterior appearance will not be altered except for the addition of two new access stairs on the westerly side of the structure. The habitable floor space will be approximately 797 square feet. There is adequate parking for the ADU in the existing driveway.
The dwelling will be connected to an existing compliant Title V septic system which was designed to incorporate the flow from this area.
The Board had no issues with the plan.
Todd Pietrasiak, seconded by Dorothy Risser, made a motion to go into deliberative session.
Vote: 7-0-0, Unanimous.
Todd Pietrasiak, seconded by Dorothy Risser, moved to grant a Special Permit under section 5.2.6 based on the following findings:
- The Petitioners has standing to bring the Petitions, and;
- The subject property is located in the SB 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 street effected, and;
- The Petitioners has provided an affidavit stating intent to occupy one of the dwellings.
And with the following conditions:
- Prior to the issuance of an occupancy permit the Petitioner must satisfy the conditions of the Board of Health relative to Title V.
- One of the units will be owner occupied.
Vote: 5-0-0, Pam Cooper and Jason Mauro not voting.
Todd Pietrasiak, seconded by Darja Nevits, made a motion to come out of deliberative session.
Vote: 7-0-0, Unanimous.
Minutes
Todd Pietrasiak, seconded by Dorothy Risser, made a motion to accept the minutes of May 14, 2015, as corrected.
Vote: 7-0-0, Unanimous.
Adjournment
At 8:15 PM, Dorothy Risser, seconded by Todd Pietrasiak, moved to adjourn.
Vote: 7-0-0, Unanimous
Document List June 11, 2015
Document |
Location |
Petition 1062 - 6 Four Bridges Road application for a Special Permit |
Planning Office |
Petition 1063 – 2 Michigan Drive application for a Special Permit |
Planning Office |
Petition 1064 – 7 Worcester Avenue application for a Special Permit |
Planning Office |
Minutes of May 14, 2015 |
Planning Office |
| 
