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Zoning Board of Appeals Minutes 10/08/15
Minutes of Meeting— October 8, 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:        Lawrence Norris, Todd Pietrasiak, Dorothy Risser, Darja Nevits, Jill Schafer, Jason Mauro, Teresa Vickery, Clerk and Jack Hunter, Director of Planning & Comm. Dev.

Petition 1060:  12 Wheeler Road, Cont. Variance Section c
Present was:    David Eastridge, Thorndike Development

Mr. Norris read the legal opinion dated October 7, 2015 from Town Counsel Aldo Cipriano into the record.  This opinion is on file in the Planning Office.  

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

Vote: 6-0-0, Unanimous

Mr. Mauro suggested that the decision be specific regarding which addresses are being affected.  The Board agreed.  

Mr. Pietrasiak believes that the hardship for the buyers is not self-imposed and feels that they should be granted the variance.  

Todd Pietrasiak, seconded by Dorothy Risser, moved to grant a Variance under Section to install front stoops within the allowed set-back requirement as shown of the plan entitled “Westridge Condominiums in Hudson Massachusetts” prepared for Thorndike Properties of MA III, LLC by Yarworth Engineering Company, Inc. of Norton, MA dated February 13, 2015 based on the following findings:

  • The Petitioner has standing to bring the Petition, and;
  • The subject property is located in the M-6 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 condition:

  • Said Variance to be assigned to and limited to the following seven (7) properties: 4 Westridge Road, 15 & 17 Hastings Road, 10 & 12 Stevens Road and 3 & 5 Townsend Road.
Vote: 5-0-0, Lawrence Norris not voting.

Lawrence Norris, seconded by Dorothy Risser, made a motion to come out of deliberative session.

Vote: 6-0-0, Unanimous

Petition 1069:  542 Main Street, Special Permit –Watershed Protection District

The Board is in receipt of a letter dated October 5, 2015 from Atty. Christopher Yates requesting a continuance to the Boards next meeting on November 12, 2015 at 7:00 PM.

Lawrence Norris, seconded by Dorothy Risser, made a motion to continue the public hearing for 542 Main Street until November 12, 2015 at 7:00 PM.

Vote: 6-0-0, Unanimous.

Petition 1070: 141 Cox Street, Special Permit –Accessory Dwelling Unit
Present were:   Thomas Torchio, Applicant
                Brian LaCroix, Builder

Lawrence Norris convened the Public Hearing.

Dottie Risser read the Right of Appeal.

The applicant is a seeking a Special Permit under section 5.2.6 of the Zoning By-Laws to construct an Accessory Dwelling Unit in the SA Single Family District.  Mr. Torchio explained that the reason for the ADU is to supply a home for his aging mother.  They are proposing to remove a porch and a small room at the back at the back of the house in order to build an addition.   The addition would be comprised of the ADU as well as a small addition to the existing home for the family.  

Ms. Risser stated that when she did the calculations and the square footage is 942 square feet.  The regulation is for no more than 900 square feet.  Mr. Torchio and Mr. LaCroix believe that the architect included the square footage of the bathroom.  If it is indeed incorrect the applicant is willing to relook at the plans.  

Mr. Norris explained to the applicant that he should have the architect verify the square footage as well as stamp the plans.  

Mr. Pietrasiak informed the applicant that the door to the unit must be moved.  The by-law states that the entrance must be on the side or at the rear of the building.  He then noted that there are no dimensions shown on the parking plan.  He asked that the applicant supply this at the next hearing.  

Lawrence Norris, seconded by Dorothy Risser, made a motion to continue the public hearing for 141 Cox Street until November 11, 2015.

Vote: 6-0-0, Unanimous


Todd Pietrasiak, seconded by Dorothy Risser, made a motion to accept the minutes of September 17, 2015, as written.

Vote: 6-0-0, Unanimous.


At 8:00 PM, Dorothy Risser, seconded by Jason Mauro, moved to adjourn.

Vote: 6-0-0, Unanimous  

Document List October 8, 2015

Legal Opinion dated 10/07/15 – Aldo Cipriano, Atty. at Law
Petition 1069 – 542 Main Street Request for continuance
Planning Office
Petition 1070 – 141 Cox Street application for a Special Permit
Planning Office
Minutes of September 17, 2015
Planning Office