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Planning Board Minutes 01/25/2012
Planning Board, Middleton, MA
MINUTES OF THE MEETING
January 25, 2012

The Middleton Planning Board met at a specially scheduled meeting on January 25, 2012
at the Fuller Meadow School, 143 South Main Street, Middleton, Massachusetts at 7:30 PM.

The following board members were in attendance: Chairperson Christine Lindberg, and members Robert Aldenberg, David Leary and Leah Moreschi.

Others present: Robert LaBossiere, DPW Superintendent and Karen Matsubara, Recording Secretary

Chairperson Lindberg called the meeting to order at 7:30 PM.

Minutes-January 11, 2012

MOTION: Made by Leah Moreschi to approve the minutes of January 11, 2012 as written.  Motion seconded by David Leary.  Vote 4-0 in favor, motion carried.

Public Hearing (contined)-Definitive Subdivision-70R East Street, Map 14, Lots 12 & 13-Olde Boxford Estates LLC
Attorney McCann stated that at the last hearing there was a member of the audience who spoke about the 7 acre parcel which was thought to be one parcel and in fact is two parcels.  It was thought that the property may have been recently split which would have been the reason that the exhibit plan only showed one lot.  A continuance was requested to research the property.  A copy of the title information was distributed to the Board for review.  The first deed in 1979 is shown outlined in the exhibit plan and is actually nine (9) acres, not seven (7) acres.  It does have frontage on East Street; the deed was held by Edward P. O’Neil until his death in 2003.  The next deed is from the executors of the Estate of Edward P. O’Neil into a trust; Eleanor Champlain and Catherine Maidment are co-trustees of the Eleanor M. Dunn Revocable Trust.  That deed conveyed the entire parcel in 2005 with 325’ feet of frontage on East Street.  The final deed is from 2008 in which the co-trustees conveyed the front parcel to Catherine Maidment and her husband Jon Maidment.  The seven acre parcel was made a separate land-locked parcel by the trustees who conveyed out the parcel in the front containing the entire frontage.  The engineering for the subdivision was done prior to December of 2008 so that the exhibits and information was based on the abutting parcel when it was one lot.

Mr. Aldenberg again referenced the Planning Board regulations requiring connections to adjoining undeveloped land and stated that a waiver of that requirement had not been requested.  He added that there is nothing in the rules and regulations regarding self-imposed hardships.

Attorney McCann acknowledged that Mr. Aldenberg had asked for that connection to the seven acre parcel since the beginning of the definitive process but were given direction on a few occasions from the majority of the Board that a connection to that parcel was not needed.  In reference to an ANR plan approved in 1991 by the Planning Board, Attorney McCann explained that no deeds were recorded to create the two lots until 2008.  She also noted that there is a clear access easement shown on the 1991 plan that was not created or reserved by the deeds.  Attorney McCann reiterated that the preliminary subdivision plan was approved by the Board without any connections to the abutting properties; the connections should have come up during the preliminary process.

After some additional discussion on the connection to the seven acre parcel it was determined that the Board could vote on the definitive subdivision this evening.

In reference to the connection to the former JCC property, Attorney McCann stated that there would be a right of way for the connection, a waterline would be stubbed and laid out in the right of way.  An easement would be granted to the Town in the interim until the roadway layout is accepted as a public way.

Chairperson Lindberg asked that the easement be added as a condition of the approval.  The contribution to sidewalk fund would be determined by the DPW director.  Chairperson Lindberg called for a vote on the waivers as follows:

  • Section VIII.B.1.e – Cul-de-sac streets shall not exceed five hundred (500) feet in length.  Motion to approve waiver #1 made by David Leary.  Motion seconded by Leah Moreschi.  Vote 4-0 in favor, motion carried.  The Board grants a waiver to allow the cul-de-sac street length to be one thousand, seven hundred, and twenty-five (1725) feet in length.  
  • Section VIII.B.6 – Bituminous sidewalks shall be constructed on both sides of all streets within a subdivision.  Motion to approve waiver #2 made by Leah Moreschi.  Motion seconded by David Leary.  Vote 4-0 in favor, motion carried. The Board grants a waiver to allow a sidewalk to be constructed on only one side of the street within the subdivision.  Olde Boxford Estates LLC agrees to donate to the Town of Middleton Sidewalk Fund an amount to be determined by the DPW Superintendent based on the linear footage of the roadways within the subdivision.   
  • Appendix, Page (ii), A.7Cul-de-sacs – All turnarounds shall have a property line diameter of one hundred twenty (120) feet.  The center of any such turnaround, which shall be planted with low growing shrubs, shall have a diameter of not less than forty-five (45) feet.  Motion to approve waiver #3 made by Lead Moreschi.  Motion seconded by David Leary.  Vote 3-1 in favor, motion carried.  The Board grants a waiver to allow no plantings and no center islands in the cul-de-sacs.
  • Section VIII.C.2.i & Appendix Page (iii), A.4 – Drainage pipe(s)…shall have a minimum of three (3) feet cover in paved or other vehicular roads.  Motion to approve waiver #4 made by David Leary.  Motion seconded by Leah Moreschi.  Vote 4-0 in favor, motion carried.  The Board grants a waiver to allow cover to be reduced to a minimum of two (2) feet only in areas where it is necessary to be reduced as shown on plans.
  • Section VIII.DPublic Open Spaces and Protection of Natural Features…Any open space, park or playground shall provide at least fifty (50) feet of continuous frontage on a street…  Motion to approve waiver #5 made by David Leary.  Motion seconded by Leah Moreschi.  Vote 4-0 in favor, motion carried.  The Board grants a waiver to allow the open space parcel to have 27.94 feet of frontage along the roadway.
  • Appendix Page (ii) A.4Paved surface…The center line of the paved surfaces shall coincide with the center line of the street right of way...  Motion to approve waiver #6 made by David Leary.  Motion seconded by Leah Moreschi.  Vote 4-0 in favor, motion carried.  The Board grants a waiver to allow a deviation from the standard roadway cross sections between station 0+00 and station 4+50, roadway not centered in the right-of-way.
  • Section VIII.B.6.d – The sight distance easements shall be required at all intersections…  Motion to approve waiver #7 made by David Leary.  Motion seconded by Leah Moreschi.  Vote 4-0 in favor, motion carried.  The Board grants a waiver of the sight distance easement at the southerly corner of the intersection with subdivision roadway and East Street.

  • Appendix, Page (iv) B.5 – Where adjacent property is not subdivided, provisions shall be made for the extension of the drainage system by continuing appropriately sized drains to the exterior boundaries of the subdivision...  Motion to approve waiver #8 made by Leah Moreschi.  Motion seconded by David Leary.  Vote 4-0 in favor motion carried.  The Board grants a waiver of requirement, no drainage connection is proposed.
Motion made by Leah Moreschi to approve the Definitive Subdivision plan entitled “Definitive Subdivision Plan with Approved Waivers, for the Residential Subdivision at 70R East Street (Tax Map 14, Lots 12 & 13), Middleton, MA” as prepared by Engineering Alliance, Inc. for Olde Boxford Estates, LLC, dated October 4, 2010 with a last revision date of January 4, 2012.  As a condition of the definitive subdivision approval, an easement is granted to the Town as noted on the plan for the roadway connection to the adjacent property identified as 84 East Street, Middleton Assessor’s Map 14, Lot 20.

Motion seconded by David Leary.

Vote:

David Leary-In favor
Leah Moreschi-In favor
Christine Lindberg-In favor
Robert Aldenberg-Against

Vote 3-1 in favor, motion carried.

MOTION: Made by David Leary to adjourn.  Meeting adjourned at 8:25 pm.