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Planning Board Minutes 06/13/2012
Planning Board, Middleton, MA
June 13, 2012

The Middleton Planning Board met at a regularly scheduled meeting on June 13, 2012 at the Fuller Meadow School, South Main Street, Middleton, Massachusetts at 7:30 PM.

The following board members were in attendance:
Christine Lindberg, Chairperson
Beverly Popielski, Clerk
David Leary
John Knott (arrived at 8:04 pm)

Also present:
Robert LaBossiere, DPW Director
Richard Bienvenue, Building Commissioner
Karen Matsubara, Recording Secretary

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

Planning Board Reorganization

MOTION: Made by Beverly Popielski to appoint Christine Lindberg as chairperson.  Motion seconded by David Leary.  Vote 3-0 in favor, motion carried.

MOTION: Made by David Leary to appoint Leah Moreschi as clerk.  Motion seconded by Beverly Popielski.  Vote 3-0 in favor, motion carried.

Minutes 5/9/12
MOTION:  Made by Beverly Popielski to accept the minutes of May 8, 2012 as written.  Motion seconded by David Leary.  Vote 3-0 in favor, motion carried.

East Meadow Farm Definitive Subdivision (continued from 5/9/12)
Attorney Mann requested a continuance to the next Planning Board hearing.

MOTION: Made by David Leary to continue the definitive hearing to July 11, 2012.  Motion seconded by Beverly Popielski.  Vote 3-0 in favor, motion carried.

Bond Reduction-Ryebrooke III-Martin Road
Clerk Beverly Popielski read bond reduction request dated 4/11/12 into record (letter on file).

The roadway was accepted at the May 2011 meeting and the petitioner is requesting the contingency balance to be released.

DPW Director LaBossiere confirmed that the contingency amount could be released.

MOTION: Made by Beverly Popielski to release the remaining $29,438 for Ryebrooke III.  Motion seconded by David Leary.  Vote 3-0 in favor, motion carried.

Other Business-
5 Oak Avenue, Map 29, Lot 58-request for approval of drainage changes
Attorney Jill Mann explained that the petitioner had come before the Board and obtained approval for a road improvement plan to provide adequate access to an undeveloped lot on Oak Ave.  During the hearing Mr. Audette and Mr. LaBossiere had a preliminary discussion regarding working together to bring a drainage pipe down to the existing wetland to help alleviate the area drainage issues.  A new plan was presented by Attorney Mann showing the drainage of the lot remaining on site.  The original proposal to bring the drainage down to the wetlands would have been much more expensive than anticipated.

Mr. LaBossiere stated that the Town has purchased the materials and gone to the Conservation Commission for approvals on the originally proposed drainage project.

Attorney Mann further reviewed the proposed drainage proposals for the Board.

Mr. LaBossiere asked what would be done in the event that the proposed on-site drainage proposal didn’t work.  He also asked if Mr. Audette would reimburse the Town for the pipe that had already been purchased.

Mr. Audette asked why he was being asked to take care of the drainage for other residents half a mile up the road for the improvement of his one lot.  He also commented that another person across the street tripled the size of his house without being required to improve drainage.

Attorney Mann again reviewed the proposal for the on-site drainage.

Mr. LaBossiere stated the Mr. Audette’s property was at one of the lowest points in the area and did not believe that the proposed on-site drainage would work.

Chairperson Lindberg stated that the Board gave a favorable recommendation for the road improvement provided that Mr. Audette, Mr. LaBossiere and Mr. O’Neill come to an agreement with regards to the roadway layout and mitigation of the flooding problem.  Ms. Lindberg asked Mr. Audette to come to the next Planning Board hearing with more drainage calculations.  She also asked that Engineer John Morin and abutter Mr. O’Neill be present.

Mr. LaBossiere stated that he would invite all the residents of the neighborhood to attend the meeting as well.

Chairperson Lindberg stated that this was not a formal hearing and no motion was required.  The matter will be placed on the agenda for the next Planning Board hearing.

8:04 pm – New Planning Board member, John Knott arrived.

Summit Avenue, Map 13, Lot 64A-discussion of road improvement for lot-George Collins
Chairperson Lindberg clarified the lot is located close to the new East Meadow subdivision.  She confirmed that Mr. Collins was going to be filing under the adequate access rule to improve the roadway providing access to the lot for future development.  

Mr. Collins explained that he was looking for guidance from the Board on the better way to gain access for the lot.  The options would be via an 8% grade or a 10% grade.
Beverly Popielski asked Mr. Collins if he was able to locate a septic system and well on the property.  

Mr. Collins explained that it was his intention to tie into Town water from Gould Road if he is unable to tie into the water from the new subdivision.

Ms. Lindberg reviewed the ownership and size of the lot with Mr. Collins and suggested that he come back to the Board with his road improvement plan.

Attorney Nancy McCann representative for Mr. Collins arrived at the meeting and confirmed that the Adequate Access Bylaw was the proper course to take for improvements to Mr. Collins’ lot and if some requirements are not able to be met then a waiver will be requested.

Mr. Leary added that improvement to the roadway does not guarantee that the Town will accept the street as a Town road.

In response to a question from Mr. Collins, Mr. LaBossiere explained that the roadway has to be constructed according to standard roadway specifications.

Public Hearing-Two-Family Special Permit- Modification 144 North Main Street, Assessor’s Map 17, Lot 46-Prime Investment Forest Street LLC
Chairperson Lindberg explained that this hearing was continued from the previous meeting because there were not enough members in attendance.

Attorney Mann appeared on behalf of the petitioner seeking a modification of the existing two-family special permit.  The petitioner had previously attempted to obtain a modification with a different dwelling design that featured a long connection between the two dwelling units.  The new plan submitted proposes a more traditional dwelling with attached garage that has living area above.  A mudroom will separate the main dwelling from the garage.

The Board members agreed that this was a much better plan than the last one presented.

Beverly Popielski questioned whether she should recuse herself as she had done business with the petitioner in the past.

Attorney Mann did not feel that Ms. Popielski needed to recuse as she is not currently doing business with the petitioner and the special permit has already been issue, this is simply a modification.

Mr. Leary explained to Mr. Knott that the reason the previous modification was not approved was because the proposal had a 32’ connecting “breezeway” between the dwelling units.

MOTION: Made by David Leary to grant the Special Permit Modification for 144 North Main Street.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

Smith Farm Estates discussion
Chairperson Lindberg explained that a letter from the subdivision developer, Mr. Falite, was sent to the residents of Smith Farm Estates and had been forwarded to the Board.  In the letter Mr. Falite stated that again the subdivision roadways had not been accepted at Town meeting because of outstanding drainage issues.  Ms. Lindberg stated the Board would be sending a letter to Mr. Falite and his attorney to invite them to the next meeting along with the abutters, Laurie Arizzi and Aaron Walsh and any of the other residents in the area to discuss the drainage issues.

Attorney Mann suggested that the parties and engineers meet with the DPW Director before coming to a public hearing so that they can prepare and present the information asked for from the Director.

MOTION: Made by Beverly Popielski to adjourn the meeting at 8:42 pm.