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Planning Board Minutes 01/16/2013
Planning Board, Middleton, MA
January 16, 2013

The Middleton Planning Board met at a regularly scheduled meeting on January 16, 2013 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
David Leary

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

Chairperson Christine Lindberg called the meeting to order at 7:33 pm

Executive Session
Chairperson Lindberg announced that there would be no executive session.

Meeting Minutes-December 12, 2012

MOTION Made by Beverly Popielski to accept the minutes of December 12, 2012 as written.  Motion seconded by David Leary.  Vote 4-0 in favor, motion carried.

Definitive Subdivision Modification-Lewis Drive (f/k/a Pheasant Ridge) 75 & 77 South Main Street, Map 25, Lots 57, 58, 58A, 58B & 58C-John & Yvonne McAuley
Chairperson Lindberg stated that a request for continuance had been requested from the project engineer.

MOTION: Made by David Leary to continue the hearing to the next Planning Board meeting scheduled for February 13, 2013.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

Tripartite Agreement and Release of Covenant-Essex Crossing Subdivision, Map 10, Lot 20-D.U.C. Residential LLC  Beverly Popielski is recused from the hearing.

Attorney Nancy McCann presented the tripartite agreement.  

Mr. LaBossiere confirmed the bond amount of $106,829.00 was adequate.

MOTION: Made by David Leary to approve the tripartite agreement for Essex Crossing Subdivision in the amount of $106,829.00, with a completion date December 31, 2014.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

MOTION: Made by David Leary to release the covenant for the Essex Crossing Subdivision.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

Definitive Subdivision-Ridgewood Estates-84 East Street, Map 14, Lots 20 & 20T-LAR Realty LLC (Continued from 9/12/12, 10/10/12, 11/14/12 & 12/12/12)
Attorney Jill Mann appeared on behalf of the applicant.  She explained that they were not prepared to go through all of the details.  Because of the extensive changes that were made in storm water requirements the final review from DK Engineering has not been completed.  After the last hearing Dan Mills, Traffic Engineer went back to the site to do an analysis specifically geared toward the need for signalization for the intersection at Towne Road and East Street.  Since the Towne Road development was approved there have been some changes that impede the sight distance.  Mr. Mills has suggested the following changes at the entrance of Towne Road: clearing the shrubs that have grown in and the root system so they do not grow back, removal of part of the decorative railing on top of the stone wall, re-grading of the embankment along the westerly side of East Street and not allow real estate signs to be placed so that they are blocking sight distance.  For signalization, Mr. Mills proposed a warning sign with the posted speed limit.

Daniel Mills of MDM Transportation Consultants reviewed the photographs submitted to the Board in support of his suggestions to improve the sight distance.

Mr. LaBossiere expressed concern over what is private and public property.

Project Engineer, Chris Sparages stated that everything that was proposed by Mr. Mills falls within the Town right of way; nothing is on private property.

With regard to the wall, Attorney Mann thought that the railing was put up at the request of parents to prevent kids from sitting on top of the wall.

Mr. Mills noted that there was a school sign along East Street but no school or crosswalks.

Attorney Mann explained that there used to be school that has since closed.

Mr. Mills suggested that if the sign is no longer applicable, it should be removed.

In response to a question about adding crosswalks, Mr. LaBossiere explained that crosswalks cannot be added unless they go to sidewalks.  Mr. LaBossiere stated that he would check into the regulations for a reduction in, and the posting of the speed limit for the corner.

In response to a question regarding the embankment that is proposed to be re-graded, Mr. Sparages stated that a worksheet had been prepared that shows the right of way in relation to the pavement but suggested that the area be staked before doing any work to ensure that there is no interference with private property.

Mr. LaBossiere requested a plan showing the site distances from Towne Road on East Street.

Mr. Sparages reviewed the cul-de-sac rain garden plan that had been prepared at the request of Mr. LaBossiere at the last meeting.  The plan was prepared using DEP guidelines.

George Collins questioned the layout of the subdivision and commented that the Planning Board Rules and Regulations require extensions to incomplete adjacent ways.

Ms. Lindberg commented that this subdivision connects or will connect to other property on either side.

Mr. Collins stated that the project does not connect to Metcalf Ave and argued that in accordance with the Planning Board Regulations there should be a right of way between lots #8 & #9 of the new subdivision.

Attorney Mann addressed the comments made by Mr. Collins.  She explained that the regulations are to provide access to undeveloped vacant land; Metcalf has access points and roadways.

Mr. Collins stated that he was making a request to the Board and developer to make the connection to Metcalf Avenue.

Ms. Lindberg suggested that Mr. Collins could file an appeal; the Board is not going to require a connection to a previously approved 1920s subdivision that already has access from East Street.

MOTION: Made by Beverly Popielski to continue the hearing to the next Planning Board meeting on February 13, 2013.  Motion seconded by Leah Moreschi.  Vote 4-0 in favor, motion carried.

Tripartite Agreement and Release of Covenant-70R East Street, Map 14, Lots 12 & 13-Olde Boxford Estates LLC
Attorney Nancy McCann explained that the Release of Demands was delivered to Town Counsel, Thomas Fallon’s office today and is being held by him, as a stipulation of dismissal.

Chairperson Lindberg stated that she had spoken with Town Counsel who indicated that everything was in order.  She confirmed with Mr. LaBossiere that the updated bond amount for $248,028.00 includes all roadways.  The roadways have all been completed to binder.

Attorney McCann stated that a tripartite agreement had been submitted to Attorney Fallon for review.  A copy was provided to the Board for approval with the new bond amount and completion date of 12/31/2015.  A letter from the developer, Mr. Falite indicating that he would construct the connecting roadway and copy of the connection road plan was also attached to the tripartite.  The connecting road has since been constructed.

In response to a question about the name of the “no-name” road, Chairperson Lindberg explained that the roadway would be named when the roads are named in the adjacent subdivision.

MOTION: Made by David Leary to approve the tripartite agreement for Olde Boxford Estates in the amount of $248,028.00 with a completion date of December 31, 2015 upon dismissal of the court case.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

MOTION: Made by David Leary to release the covenant for Olde Boxford Estates upon dismissal of court case.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

Other Business-

Smith Farm Estates-Update
The developer, Ray Falite gave a brief update on the Smith Farm Subdivision.  Two more basins within the subdivision will be lowered, and the testing on the fire tank continues.  The tank is maintaining the water level and in fact the level has increased by ½” which may indicate that groundwater is getting into the tank.  Peter Ogren of Hayes Engineering is working on the as-built plans.

Ms. Lindberg asked that the developer verify that easements are in place for the fire tanks.

Discussion of Town of Middleton Open Space & Recreation Plan-Middleton Conservation
Chairperson Lindberg explained that she had a meeting with DPW Director LaBossiere, Health Agent Derek Fullerton and Conservation Agent Judith Schmitz regarding the Town’s Open Space and Recreation Plan.  The Town has to update and submit the plans every so many years in order to get grant money.  Judy Schmitz asked that the Board take a look at the community goals and make recommendations.  Any input can be sent to the Planning Board secretary to pass onto Ms. Schmitz.  

Discussion of Town of Middleton Storm Water Management Bylaw
Chairperson Lindberg explained that the new regulations will be focusing on the one and two acre lots such as ANR lots that don’t fall under the current Planning Board Rules and Regulations.  

Mr. LaBossiere stated that the Town is required to have a storm water bylaw by the Federal Government.

Ms. Lindberg added that primarily the bylaw would require hay bales and silt fences to contain runoff.

Mr. LaBossiere offered to review and sign off on the plans.  He stated that another layer of bureaucracy was not being added onto homeowners; they won’t have to hire an additional engineer or go before the Board in most cases.

Discussion of new bylaws proposed for Town Meeting
Chairperson Lindberg stated that there are some bylaw changes being proposed for the May Town Meeting that will require recommendations from the Planning Board.  A medical marijuana bylaw is being proposed as a zoning bylaw and the storm water bylaw is proposed as a general bylaw.

MOTION: Made by Beverly Popielski to adjourn.  Motion seconded by David Leary Vote all in favor to adjourn.  Meeting adjourned at 8:40 pm.