Minutes of Meeting— February 11, 2016
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, Dorothy Risser, Darja Nevits, Jill Schafer, Christopher Tibbals, Jason Mauro, Pamela Cooper and Kristina Johnson, Assistant Director of Planning & Comm. Dev.
Madison Place, Name Change Request
Present was: Chris Peterson, Heritage Properties
The Board is in receipt of a request from Brian Bush from Heritage Properties to change the name of the project as well as the name of the private road. Mr. Norris stated that he feels that the appropriate method for getting the name of a road changed would be to go through the Planning Board. Therefore, he wants this to be taken up by them. Ms. Johnson said she would look into this and report back to the Board.
Heritage Properties is proposing changing the name from Madison Place to Matrix Place. Mr. Norris explained that as he is not familiar with any recent changes to 40B regulations and he stated the Board would approve it subject to Town Counsel writing a letter or support.
Lawrence Norris, seconded by Dorothy Risser, made a motion to change the name of the Madison Place project to Matrix Hudson subject to Legal Counsels review and confirmation.
Vote: 5-0-0, Unanimous, Mr. Mauro and Ms. Cooper not voting.
Petition 1075: 571A Main Street, Special Permit 3.3.10
Present was: Tom DiPersio, Tom DiPersio, Jr. & Associates
Kathy Adams, Kane Industrial Trust
Mr. Norris convened the Public Hearing.
Ms. Risser read the Right of Appeal.
The applicant is seeking to construct a 28,000 square foot one story industrial / office building within the Watershed Protection District (WPD) in the M-6 Industrial district.
The site has been approved by the Internal Traffic Committee as well as the Planning Board. The site has been designed in conformance with the overlay district as they pertain to the protection of the ground and surface water in the area. The property is in a sandy gravel aquafer system. There have been test pits done across the site and it has been established that the water table is at least ten feet below the lowest part of the site. The storm water system has been designed to take advantage of the sandy soils which are amenable to this type of infiltration system. Pre-treatment devices for the system have been put in place. This is in conformance with the DEP storm water quality standards for sites that are in sensitive areas such as this one.
Ms. Risser noted that memo from the Director stated that the ITC feels that a Variance under Section 7.1.6.2 (b) will be required for the required turning radius of 120 feet. Mr. DiPersio stated that he does not agree. He noted that the intent of the by-law is for a turning circle not a radius as a radius of 120 feet is too large to accommodate most lots as a lot several hundred feet wide would be needed for this. This site does accommodate a turning circle of 120 feet. Mr. Norris read the by-law and agrees with Mr. DiPersio.
Ms. Risser noted that the Board does have the authority to take any other action they see fit as stated in the legal notice.
Ms. Johnson stated that the intent was due to the site restrictions there is no way that the applicant could comply with that section of the by-law, hence the need for a variance.
Mr. Norris asked where the snow storage area is located. Mr. DiPersio stated that it is located at the back of the site.
The site will utilize septic as there is no sewer on this side of Town. Mr. Mauro asked what the gallons per day (gpd) will be as there as it cannot exceed 440 per acre per day. Mr. DiPersio stated it is well below that number.
Ms. Cooper asked what the parking lot will be treated with. Mr. DiPersio noted that nothing has been specified but would understand if it was a condition of approval.
Lawrence Norris, seconded by Christopher Tibbals, made a motion to go into deliberative session.
Vote: 7-0-0, Unanimous.
Ms. Risser and Mr. Norris both stated that the variance hardship would be that if the by-law were interpreted as written the lot would be unbuildable. The Board agreed.
Lawrence Norris, seconded by Dorothy Risser, made a motion to grant a Variance under Section 7.1.6.2 (b) to allow a reduction in the required 120 foot turning radii for a tractor trailer as shown on the plan entitled “Proposed Site Plan: 571A Main Street, Hudson MA” as drawn by Thomas DiPersio, Jr. & Associates, Inc. of Marlborough, MA last revised February 3, 2016 based on the following findings:
- The Petition has standing to bring the Petitions, and;
- The subject property is located in the M-6 Commercial 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 in that it is a corner lot, 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.
Vote: 5-0-0, Unanimous, Mr. Mauro and Ms. Cooper not voting.
Lawrence Norris, seconded by Christopher Tibbals, made a motion to approve Petition 1075 and grant a special permit under section 3.3.10 to allow the construction of a 28,000 square foot one story industrial / office building 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 the 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 condition:
- No deicing chemicals to be used on the impervious surfaces.
Vote: 5-0-0, Unanimous, Mr. Mauro and Ms. Cooper not voting.
Lawrence Norris, seconded by Dorothy Risser, made a motion to come out of deliberative session.
Vote: 7-0-0, Unanimous.
Minutes
Lawrence Norris, seconded by Jason Mauro, made a motion to accept the minutes of January 14, 2016, as written.
Vote: 7-0-0, Unanimous.
Adjournment
At 7:45 PM, Lawrence Norris, seconded by Dorothy Risser, moved to adjourn.
Vote: 7-0-0, Unanimous
Document List February 11, 2016
Document |
Location |
Petition 1075 |
Planning Office |
Minutes of January 14,2016 |
Planning Office |
| 
