Minutes of Meeting— August 13, 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, Jill Schafer, Jason Mauro, Pamela Cooper and Teresa Vickery, Clerk.
Petition 1062: 6 Four Bridges Road, Cont. Special Permit - Accessory Dwelling Unit
Present was: Peter & Lisa Percuoco, Applicants
This hearing was continued from the Board’s last meeting as the front door of the ADU was shown on the front of the dwelling. This is not in compliance with the by-law which states that the door cannot be on the front. The door has been moved to the west side of the unit.
Todd Pietrasiak, seconded by Jill Schafer, made a motion to go into deliberative session.
Vote: 6-0-0, Unanimous
The Board has no issues with the plan.
Todd Pietrasiak, seconded by Jill Schafer, 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.
Vote: 5-0-0, Jason Mauro not voting.
Todd Pietrasiak, seconded by Dorothy Risser, made a motion to come out of deliberative session.
Vote: 6-0-0, Unanimous
Petition 1063: 2 Michigan Drive, Cont. Special Permit - Accessory Dwelling Unit
The Board is in receipt of a letter dated August 5, 2015 from Atty. Christopher Yates requesting withdrawal of Petition 1063 without prejudice.
Todd Pietrasiak, seconded by Dorothy Risser, made a motion to accept the request to withdraw Petition 1063 without prejudice.
Vote: 5-0-0, Jason Mauro not voting.
Petition 1065: 106 Forest Ave, Special Permit
Present was: Michael Norris, Atty. at Law
Niel Fossile, Applicant
Todd Pietrasiak convened the public hearing.
Dorothy Risser read the Right of Appeal.
Atty. Norris explained that the applicant is seeking a special permit to demolish an existing house and construct a steel building with six contractor bays and a small office at the front. The plan has been approved by the Planning Board and has been reviewed by the Internal Traffic Committee.
The property is at the corner of Forest Ave. and Bonnazzoli Ave. The steel framed building will have six bays and an office. Three of the bays will be used by the applicant. The other three bays will be leased out. Each of these bays will have their own entrance, bathrooms, firewalls and they will all be built to code. Materials will be stored outside of the building. The front of the property is hidden by an existing tree line which they intend to keep.
The entrance from Forest Ave. will only be for the office and no trucks will be allowed to enter this way. The other entrance on Bonnazzoli Ave. will be for the trucks and equipment.
The special permit is required for the use in this location under the Town’s by-laws. The permit is for the storage and repair of equipment. Loam, bark mulch, sand and stone will be stored in smaller bins. The Planning Board had the applicant add some additional parking to the plan along the Bonnazzoli Ave side of the property.
Ms. Nevits asked if the 19 spaces shown on the plan are intended to service all six bays. Mr. Fossile stated that the tenants are allowed to park one vehicle in front of each bay and the other spaces are for any employees the tenants may have. Atty. Norris noted that they are only required to provide 7 spaces.
Ms. Risser asked if the applicant is planning on removing the stone wall in front of the property as Forest Ave is a scenic road. Mr. Fossile said no but he did say that in order to comply with the 30 foot wide entrance he would need to move the corner of the wall back about six feet.
Ms. Cooper is concerned with the screening as she finds that the retaining wall drops down to two feet at a certain point. Mr. Pietrasiak suggested conditioning that all disabled vehicles be screened from abutting lots.
Ms. Risser asked if there will be floor drains in the bays. Mr. Fossile said yes.
No input from the public.
Todd Pietrasiak, seconded by Dorothy Risser, made a motion to go into deliberative session.
Vote: 6-0-0, Unanimous.
Todd Pietrasiak, seconded by Dorothy Risser, moved to grant a Special Permit under section 5.3.3.1 to demolish the existing house and construct a steel building with six contractor bays and small office space at the front based on the following findings:
- The Petitioners has standing to bring the Petitions, and;
- The subject property is located in the M-5 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 affected.
And with the following conditions:
- All disabled vehicles must be screened from abutting lots or exterior streets by a solid landscaped screen and/or fence at least five (5) feet but not more than seven (7) feet in height.
Vote: 5-0-0, Jason Mauro not voting.
Todd Pietrasiak, seconded by Darja Nevits, made a motion to come out of deliberative session.
Vote: 6-0-0, Unanimous.
Petition 1066: 561 Main Street, Special Permit
Present were: Nelson Santos, Atty. at Law
Ritchie Moore, Applicant
Frank Murphy, Property Owner
Dorothy Risser convened the public hearing.
Darja Nevits read the Right of Appeal.
Atty. Santos stated that the applicant is proposing to change the use of one of the two structures on the property to allow retail, office and automobile repair space. The main building is comprised of approximately 6,000 square feet. The building will be split up, 2,400 square feet will be used for office and retail space and the remainder will be used for auto repair which includes five bays. The use of the existing 2,000 square foot metal building on the property will remain the same.
Mr. Moore owns R & L Automotive which is currently operated out of 420 Main Street in Hudson.
Atty. Santos noted that the site already has adequate storm water management and sewage design flow. He also stated that the Board of Health is requiring all tight tanks and drain traps be inspected. The DPW is requiring compliance with the Town’s protective by-law regarding the storage of hazardous materials.
There was no input from the public.
Dorothy Risser, seconded by Jason Mauro, made a motion to go into deliberative session.
Vote: 6-0-0, Unanimous
There was a lengthy discussion regarding the issue of having the special permit be designated for only certain units on the property. It was ultimately decided that this would be a condition of approval.
Dorothy Risser, seconded by Jason Mauro, moved to grant a Special Permit – Watershed Protection District under Section 3.3.10 to allow for the storage and repair of motor vehicles within the Watershed Protection District based on the following findings:
- The Petitioners has standing to bring the Petitions, and;
- The subject property is located in the M-6 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 and adverse environmental impact on any water body or course in the district or the existing water supply.
And with the following conditions:
- All floor drain traps and tight tanks are to be professionally inspected before the issuance of a building permit.
- The storage of hazardous materials as described in Section 3.3.10, “Watershed Protection District”, Section IV, “Prohibited Uses”, Section A.7 is prohibited.
- The Special Permit is limited to the area shown as Unit B3, Unit B4 and Unit B5 of the plan entitles “Proposed Loft for unit B3, B4 & B5 Combined” as drawn by Kanayo Lala-P.E. of Acton, MA dated July 12, 2015 and revised August 14, 2015.
5-0-0, Unanimous
Dorothy Risser, seconded by Darja Nevits, made a motion to come out of deliberative session.
Vote: 5-0-0, Unanimous.
Minutes
Darja Nevits, seconded by Jason Mauro, made a motion to accept the minutes of June 11, 2015, as written.
Vote: 5-0-0, Unanimous.
Adjournment
At 8:25 PM, Dorothy Risser, seconded by Jason Mauro, moved to adjourn.
Vote: 5-0-0, Unanimous
Document List August 13, 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 June 11, 2015 |
Planning Office |
| 
