Planning Board, Middleton, MA
MINUTES OF THE MEETING
July 11, 2012
The Middleton Planning Board met at a regularly scheduled meeting on July 11, 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
Leah Moreschi, Clerk
Robert LaBossiere, DPW Director
Karen Matsubara, Recording Secretary
Chairperson Christine Lindberg called the meeting to order at 7:37 pm.
Chairperson Lindberg announced that the minutes were not ready for review.
ZBA Recommendation-49 Village Drive, Map 21, Lot 15-Fercroft Townhouse Development LLC
Developer Dana Lopez explained that he was seeking relief of the 55 and over restriction on the 10-unit development. He gave a brief history of the project which was originally owned by the Flatley Co and was approved by the ZBA in 2006 with the agreement that the units would be restricted to 55 and over and had waived rights to any bonus units. The property was purchased by Mr. Lopez in August of 2007 and construction began in September. Phase one, units 1-4 were completed in spring of 2008. To date three units have been sold; August 2010 was the last sale. In 2009 Attorney Nancy McCann went to the ZBA and was granted the lifting of the 55 and over restriction for one of the units for which they had a buyer. A survey of sales of 55 and over units in the surrounding towns shows that
there have been 60 sales in the past two years. Mr. Lopez commented that his development does not have the same amenities such as pools and walking trails as other 55 and over communities.
Ms. Lindberg asked what would happen to the deed restriction on the properties that were already sold.
Mr. Lopez stated that they are seeking to have the restriction removed from all ten units and would revise the condo documents. The people that are living in the development are in favor of removing the restriction which will help for resale purposes.
Beverly Popielski commented that she was familiar with the site. She felt that the location and the pricing were the problem, not the lack of amenities.
Ms. Lindberg thought that the 55 and over restriction may have been placed on the project because there was a concern of overcrowding in the school system at that time.
Mr. Lopez added that 200-300 people have viewed the units without any sales. The pricing of the units has also been dropped several times. The remaining six units are in different phases of completion, all exteriors are finished.
Tom Darisse of East Street asked how many bedrooms the units had.
Mr. Lopez replied that the units are three-bedroom units.
MOTION: Made by David Leary to give a favorable recommendation to modify the restriction on the Village Estates Townhouses to remove the 55 and over restriction. Motion seconded by Leah Moreschi. Vote 4-1 in favor, motion carried.
Public Hearing-Definitive Subdivision-East Meadow Farm – 122 East Street & Gould Road, Map 13, Lots 101 & 102 and a portion of Map 13, Lots 72 & 100 – East Meadow LLC (continued)
Attorney Jill Mann appeared on behalf of the applicant. The hearings have been continued since March to allow time to finalize the definitive plans for the 21 lot subdivision based on the reviews by DK Engineering, and comments from the Planning Board. A Notice of Intent was received from the Conservation Commission allowing activity within the 200’ riverfront area as well as some activity in the front buffer zone. A 5.5 acre parcel was created adjacent to the riverfront and will be deeded to Essex County Greenbelt as conservation land. A connection to the adjacent proposed subdivision has been provided. Waivers are being sought and have been addressed by DK Engineering. Attorney Mann addressed questions regarding the right-of-way and the ownership of Lot A. There is a 6’ pedestrian path between lots 11 & 12 to access the riverfront lot. The path will be designated with stone dust and a split rail fence on one side. In response to a question from Mr. Leary, Attorney Mann
explained that the developer did not have the power to eliminate Gould Road. The Town would have to be the one to eliminate it, provided that the abutters agree to release their rights. Those abutters include anyone who owns a lot in the old subdivision known as Gould Hill such as Summit Ave, Metcalf Ave, etc.
George Collins property owner of lot 64A Summit Ave asked if there could be a stub for the water line from Gould to Summit as part of the subdivision plan.
Chairperson Lindberg explained that Mr. Collins would be able to tie into the waterline after the roadway is accepted by the Town.
Mr. Collins replied that he would be forced to run a separate waterline from East Street up Gould to Summit.
Ms. Lindberg suggested that the waterline issue would be discussed in more detail when Mr. Collins came back to the Board with his filing for the road improvement on Summit Ave. She also stated that at a recent Selectmen’s meeting it was recommended that the Planning Board may want to review their Rules and Regulations regarding the necessity of emergency pull boxes since today’s technology makes them obsolete.
Chairperson Lindberg called for a vote on the requested waivers.
- Section VIII.B.1.e – Cul-de-sac streets shall not exceed five hundred (500) feet in length.
Motion: Made by Beverly Popielski to grant the requested waiver. Motion seconded by David Leary. Vote 5-0 in favor, the Board grants a waiver to allow the cul-de-sac street length to be two thousand, six hundred fifteen and eleven hundredths (2615.11) feet in length.
- Section VIII.B.6 – Bituminous sidewalks shall be constructed on both sides of all streets within a subdivision.
Motion: Made by Beverly Popielski to grant the requested waiver. Motion seconded by David Leary. Vote 5-0 in favor, the Board grants a waiver to allow a sidewalk to be constructed on only one side of the street within the subdivision provided that the developer constructs a sidewalk in front of the subdivision along East Street to Peabody Street.
- Section VIII.B.6.a – All easements shall have a minimum width of thirty (30) feet and the limit located by bearing and dimension, with the exception of water courses.
Motion: Made by Beverly Popielski to grant the requested waiver. Motion seconded by David Leary. Vote 5-0 in favor, the Board grants a waiver to allow a 20’ wide drain easement on Lot 1 along East Street, 15’ x 15’ electrical utility easements as needed along the roadway layout, a 6’ wide trail easement on Lot 11, and a 15’ wide access easement on Lots 8 & 9 to basin B2.
- Section VIII.C.2.d – Velocities in storm drains shall not be less than 2.5 feet per second and no greater than 8 feet per second.
Motion: Made by David Leary to grant the requested waiver. Motion seconded by Beverly Popielski. Vote 5-0 in favor, the Board grants a waiver to allow velocity to be greater than 8 feet per second.
- Section VIII.C.2.g – Catch basins shall be installed at all intersections including those with existing streets, at all low profiles, at a maximum spacing of thee hundred (300) feet from other catch basins or from roadway crests.
Motion: Made by Beverly Popielski to grant the requested waiver. Motion seconded by David Leary. Vote 5-0 in favor, the Board grants a waiver to allow four hundred and ten (410) feet to the first set of basins from the end of the road.
- Section VIII.C.2.i – Drainage pipe(s)…shall have a minimum of three (3) feet cover in paved or other vehicular roads.
Motion: Made by David Leary to grant the requested waiver. Motion seconded by Beverly Popielski. Vote 5-0 in favor, the Board grants a waiver to allow cover to be reduced as shown on plans.
- Appendix Page (iii) A. – Pipes, culverts and drains-Pipes for the construction of culverts and drains shall be reinforced concrete pipe...
Motion: Made by Beverly Popielski to grant the requested waiver. Motion seconded by John Knott. Vote 5-0 in favor, the Board grants a waiver to allow the use of equivalent strength high density polyethylene (HDPE) pipe for culverts and drains.
- Appendix Page (v) – Tree planting specifications-…All street trees shall be planted ten (10) feet back from the edge of the sidewalk. They shall be planted no more than thirty (30) feet apart along the way.
Motion: Made by Beverly Popielski to grant the requested waiver. Motion seconded by David Leary. Vote 5-0 in favor, the Board grants a waiver to allow a minimum of three (3) trees per lot.
- Appendix – “TYPICAL CROSS –SECTION” Which shows maximum slope outside of layout to be 2:1.
Motion: Made by Beverly Popielski to grant the requested waiver. Motion seconded by David Leary. Vote 5-0 in favor, the Board grants a waiver to allow a 1:1 slope if riprapped.
Chairperson Lindberg called for a motion on the definitive subdivision.
MOTION: Made by Beverly Popielski to approve the definitive plan dated November 18, 2011 with revisions through July 2, 2012, drawn by Hayes Engineering, Inc. of Wakefield, MA for East Meadow LLC of Georgetown, MA with the condition that a sidewalk be constructed from the East Meadow Farm roadway, down East Street to the corner of Peabody Street. Motion seconded by David Leary. Vote 5-0 in favor, the Board approved the Definitive Plan for East Meadow Farm Subdivision.
Chairperson Lindberg stated that the Bylaw Study Committee is in need of a representative from the Planning Board and called for volunteers.
Beverly Popielski volunteered to be on the Committee. The Board voted unanimously in favor of Ms. Popielski as the Planning Board representative.
Chairperson Lindberg said that the Board would put the review of the Rules and Regulations for the Pull Boxes on the next agenda and invite Chief Twiss to discuss the matter.
MOTION: Made by David Leary to adjourn the meeting at 8:43 pm.