Minutes of Meeting— November 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, Darja Nevits, Jill Schafer, Pam Cooper, Teresa Vickery, Clerk and Jack Hunter, Director of Planning & Comm. Dev.
Petition 1069: 542 Main Street, Cont. Special Permit 3.3.10
The Board is in receipt of an email from Christopher Yates requesting a continuance to the Boards next meeting scheduled for December 10, 2015.
Lawrence Norris, seconded by Todd Pietrasiak, made a motion to continue the public hearing for 542 Main Street until December 10, 2015 at 7:00 PM.
Vote: 5-0-0, Unanimous
Petition 1070: 141 Cox Street, Cont. Special Permit 5.2.6.3
Present were: Thomas Torchio, Applicant
Joe LaCroix, Builder
At the Board’s last hearing they requested the applicant submit a set of stamped plans, a parking plan and that the dimensions on the plans be clarified. All of these requirements have been fulfilled.
The outside door has been moved to the side of the home.
Lawrence Norris, seconded by Todd Pietrasiak, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous
The Board had no issues.
Lawrence Norris, seconded by Todd Pietrasiak, made a motion 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, Unanimous
Lawrence Norris, seconded by Darja Nevits, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous
Petition 1071: 262 Main Street, Special Permit 5.1.6.2
Present were: Manuel Santos, Applicant
Michael Chaves, Representative
Lawrence Norris convened the Public Hearing.
Todd Pietrasiak read the Right of Appeal.
Mr. Santos explained that he is seeking a special permit for his four apartment home that he has occupied since purchasing it and noted he intends on remaining there. He is proposing to increase the size of his apartment by adding a room to the back of the house.
The proposed addition will be constructed between the garage structure and the existing house. There is currently a small shed in this area that will be removed.
Mr. Norris noted that the issue here is that the footprint of the house cannot be expanded under the by-law. While this will increase the non-conformity it will not decrease the percentage of open space, which is currently 8% and will remain at 8% even after the construction. Mr. Pietrasiak feels that this does not increase the non-conformity.
Lawrence Norris, seconded by Todd Pietrasiak, made a motion to go into deliberative session.
Vote: 5-0-0, Unanimous
Todd Pietrasiak, seconded by Darja Nevits, made a motion to grant a Special Permit under section 5.1.6.2 based on the following findings:
- The Petitioners has standing to bring the Petitions, and;
- The subject property is located in the M1 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.
Todd Pietrasiak, seconded by Darja Nevits, moved to come out of deliberative session.
Vote: 5-0-0, Unanimous
Petition 1072: 131 Coolidge Street, Special Permit 5.1.6.2
Present were: Steve Poole, Lakeview Engineering
Paul Carney, Pillar Realty, LLC.
Lawrence Norris convened the Public Hearing.
Todd Pietrasiak read the Right of Appeal.
Mr. Poole explained that the applicant is proposing to put in a drive through to connect the front parking lot to the rear parking lot and allow for a drive through window at the rear of the building. There are currently 44 parking spaces on the site one space will be lost in the area of the drive through however the parking can be reconfigured to recoup that space out toward the front of the site.
A ten foot wide service road / drive way is being proposed for the drive through. The drive through window will have a three foot overhang above the window which will be approximately 10.3 feet off of the property line.
Mr. Norris asked why an office building needs a drive through. Mr. Poole stated that they would like to have the ability to bring in some type of retail use to the building. Mr. Carney said that he has been approached by a bank to put in a drive through ATM as well as others.
Mr. Norris explained that as this is not a pre-existing non-conforming structure that this is not the correct section of the by-law to request relief. Mr. Poole agreed and said he is most likely going to need a variance. The Board agreed as this is a reduction to the side yard setback as well as a change of use.
Parven Patel, 121 Coolidge Street recommended that the exit onto Central Street at the back of the hotel not be used by guests / tenants of 131 Coolidge Street as it increases traffic onto his property.
The public hearing will be continued to give the applicant time update the filing to reflect the request for a variance.
Lawrence Norris, seconded by Todd Pietrasiak, made a motion to continue the public hearing to its meeting of December 10, 2015 at 7:00 PM.
Vote: 5-0-0, Unanimous
Petition 2005-20: Westridge, Thorndike Development, Minor Modification Request
Present was: David Eastridge, Thorndike Development
The Board is in receipt of a letter dated October 30, 2015 from Mr. Eastridge requesting that the Board determine whether the revisions to the site plan represent minor modifications. He is seeking to change three detached homes for a four unit townhouse. Mr. Eastridge noted that the Planning Board approved the change at its meeting of October 20, 2015.
This change will increase the total number of units by one making the final unit count 136.
The Board had no issues.
Darja Nevits, seconded by Lawrence Norris, moved to accept the changes to the WestRidge site plan as shown on the plan entitled “LAYOUT AND ZONING PLAN” as drawn by Cubellis Associates Inc. dated June 21, 2005 last revised April 2, 2013 as a minor modification.
Vote: 5-0-0, Unanimous
Minutes
Darja Nevits, seconded by Lawrence Norris, made a motion to accept the minutes of October 8, 2015, as written.
Vote: 5-0-0, Unanimous.
Adjournment
At 8:15 PM, Lawrence Norris, seconded by Todd Pietrasiak, moved to adjourn.
Vote: 5-0-0, Unanimous
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