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Planning Board Minutes 10/10/2012
Planning Board, Middleton, MA
MINUTES OF THE MEETING
October 10, 2012

The Middleton Planning Board met at a regularly scheduled meeting on October 10, 2012 at the Fuller Meadow School, 143 South Main Street, Middleton, Massachusetts at 7:30 PM.

The following board members were in attendance:
Christine Lindberg, Chairperson
Leah Moreschi, Clerk
Beverly Popielski
John Knott

Also present:
Robert LaBossiere, DPW Director
Karen Matsubara, Recording Secretary

Chairperson Christine Lindberg called the meeting to order at 7:34 pm.

Definitive Subdivision-Ridgewood Estates-84 East Street, Map 14, Lots 20 & 20T-LAR Realty LLC
Chairperson Lindberg stated that the Board had received a request for continuance from the applicant’s attorney, Attorney Jill Mann.  There are still engineering issues that need to be resolved before they continue their presentation to the Board.

MOTION: Made by Beverly Popielski to continue the hearing to the next Planning Board meeting on November 14, 2012.  Motion seconded by Leah Moreschi.  Vote 4-0 in favor, motion carried.

Definitive Subdivision-Essex Crossing-172 Essex Street, Map 10, Lot 20-D.U.C. Residential LLC
Beverly Popielski is recused from the hearing.

Chairperson Lindberg stated that the Board had conducted a site walk of the property on September 19, 2012 and new plans have been submitted.

Abutter to the property, Eric Rines stated that he had seen the revisions which appeared to address the concerns that had been discussed.

Scott Cameron of McKenzie Engineering explained that just before the site walk he had met with the abutters and worked out a screening plan of arborvitae, white pines and blue and green spruce to address their concerns of headlights from the subdivision shining onto their property.

Mr. Rines confirmed that he and his wife were happy with the plan and that the driveways had also been moved a bit.

Chairperson Lindberg mentioned that the Board had no control over the placement of homes.  They can be located anywhere on the lots provided they meet the dimensional requirements of the zoning district.

In response to a question on the apron onto Essex Street, Mr. Cameron stated that it was a question of radius and that no changes had been made because it was unclear if it was going to be acceptable to the DPW.

Mr. Rines stated that the roadway cuts in close to his driveway.

Mr. Cameron explained that the regulations allow a shortening of one side of the radius on streets that do not intersect at 90 degrees, which this street does not.  It could save 4’-5’ of the frontage.

Mr. LaBossiere agreed that could be done as a field change.

In response to a question from John Budrow of 170 Essex Street, Mr. Cameron stated that they had talked about the culvert on his property being replaced.  There is a swale in the right-of way along Essex Street that goes to the catch basin that will be graded for any overflow to follow close to the property line.  Any current flooding of the Budrow property should be alleviated with the repair of the broken pipe.  Also, there is no plan to remove any trees in that area.

Chairperson Lindberg called for a motion on the waivers.

Clerk Leah Moreschi read the waivers:

Section VII.15.a 1”=20’ horizontal profile scale.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Section VII.15.b1”=5’ vertical profile scale.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Section VIII.B.6sidewalk on only one side of the street.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.  

Chairperson Lindberg stated that the subdivision is small and the developer, engineer and attorney for the project have been compliant with the requests for other mitigation for the abutters to the property and did not feel that an additional contribution to the sidewalk fund was needed.

Mr. LaBossiere expressed his opinion that there should be consistency with regard to contributing to the sidewalk fund or construction of sidewalks in other areas in lieu of construction of sidewalks on both sides of the new subdivision roadways.

The Board concluded that no contribution would be required of the developer for the waiver of a sidewalk to be constructed on one side of the subdivision roadway.

Section VIII.B.7.dwaiver for the sight distance easement.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Section VIII.C.2.gno catch basin at the proposed intersection.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Section VIII.C.2.i cover to be reduced to less than three feet of cover over drainage pipes as shown on plans.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Appendix Page (ii) A.4. paved roadway width to be 24’.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Appendix Page (ii) A.7. no landscaping island in cul-de-sac.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Appendix Page (iii) A – use of ADS N-12 HDPE pipe.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Appendix Page (iii) A.5 – use of flared end section outlets.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Appendix – “TYPICAL CROSS –SECTION” – 2’ wide grass strip to be outside the sidewalk.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Appendix – “TYPICAL CROSS –SECTION” use of 1V:1H stone slopes.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Appendix Page (ii) A.5eliminate a portion of curb at intersection for drainage.  Motion made by Leah Moreschi to grant the waiver.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Chairperson Lindberg called for a motion on the definitive subdivision.

MOTION: Made by Leah Moreschi to approve the definitive subdivision plan for Essex Crossing.  Plan dated June 19, 2012 with revisions through October 10, 2012.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

MOTION: Made by Leah Moreschi to accept the covenant for Essex Crossing.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

The Board signed the mylar plans to be held at the Planning Board office until the appeal period has lapsed.  The roadway name once approved by the Board of Selectmen will be added to the mylar by the Engineer.

ZBA Recommendation-Special Permit-172 Essex Street, Map 10, Lot 20-D.U.C. Residential LLC
Attorney McCann explained that an application was filed with the Board of Appeals for an earth removal special permit.  It is uncertain if this subdivision will have excess material to be taken offsite.  The developer is going to try to do the cuts and fill on site so that nothing has to be brought in or out of the property.  In the event that material will be taken out of Town a request is being made for the special permit to do so.

Chairperson Lindberg explained that the bylaw was put in place to prevent stripping of the land in Middleton.

MOTION: Made by Leah Moreschi to give a favorable recommendation to the Board of Appeals for the petition of D.U.C. Residential LLC for an earth removal special permit as it pertains to the Essex Crossing definitive subdivision.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Other Business-(taken out of order)

Acceptance of Non-Exclusive Easement for Summit Avenue Road Improvement-George Collins
Chairperson Lindberg explained that the Board had previously approved the road improvement plan of Summit Avenue for Mr. Collins.  In conjunction with the determination that was supplied by Town Counsel and the Planning Board office it was recommended that an easement be put in place so that the Town could access the roadway to ensure that the roadway was built to specifications and inspect utilities, or make emergency repairs.  The draft easement prepared by Attorney McCann was reviewed and approved by Town Counsel.  After the Planning Board has approved the easement, it will go to the Board of Selectmen for acceptance.

Attorney McCann stated that after the easement has gone to the Selectmen and been executed by George Collins it will be recorded at the Registry of Deeds.

MOTION: Made by Beverly Popielski to accept and allow the Chairperson to sign the Grant of Rights and Easement in conjunction with the Roadway Improvement Plan previously approved by the Planning Board for the Summit Avenue roadway improvements.  Motion seconded by Leah Moreschi.  Vote 4-0 in favor, motion carried.

ZBA Recommendation-173 South Main Street, Map 29, Lot 61A-Special Permit & Site Plan Approval-Revolutions Industries, Inc.
Attorney Jill Mann appeared on behalf of Revolution Industries, Inc. and reviewed the requested special permit to permit the expansion of the current use of the property at 173 South Main Street.  The petition had appeared before the Board last month seeking a couple of special permits as well as site plan approval to renovate the building at 165 South Main Street.  As a result of concerns that were raised by abutters, the applicant decided to remain in his current location at 173 South Main Street.  The current use is for the retail sale of cigars.  The expanded use will add the service of on-premises alcoholic beverages as well as a light food menu and the use of TVs which falls under entertainment and requires a special permit.  There may also be an acoustic guitar or piano for live entertainment on occasion.  There are no plans to renovate the exterior of the building.  There is an existing patio at the location.  Attorney Mann reviewed the renovation plans for the interior which include the installation of a bar and handicap bathrooms.  The applicant has already had discussions with the Building Commissioner and Board of Health Director.  Attorney Mann explained that through DOR permitting of this type of business the cigar sales must comprise 51% of the overall sales.  This location does have adequate parking for the proposed business; twenty-four parking spaces are provided as shown on the plan.

MOTION: Made by Leah Moreschi to give a positive recommendation for the petition of Revolution Industries Inc.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

Roadway Improvement Plan-Pine Street, Map 18, Lot 63-Alan L. Grenier
Attorney Alan Grenier reviewed the latest plan for the Pine Street road improvement dated October 10, 2012.

Chairperson Lindberg confirmed that the requested changes including the contours, drainage and hammerhead turn-around had been addressed.

MOTION: Made by Beverly Popielski to approve the plan for the proposed access road for 3 Iverson Street, Middleton prepared for C & H Realty Group, 435 Newbury Street, Suite 110, Danvers.

Chairperson Lindberg commented that the roadway improvement is for Pine Street, not Iverson Street.  The petitioner agreed to revise the plan to reflect the correct street name of Pine Street and submit it to the Planning Board office for endorsement.

The motion was amended to reflect the correct street name of Pine Street.

Motion seconded by Leah Moreschi.  Vote 4-0 in favor, motion carried.

MOTION: Made by John Knott to adjourn.  Motion seconded by Beverly Popielski.  Vote all in favor, motion carried.  Meeting adjourned at 8:20 pm.