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Planning Board Minutes 02/20/2013
Planning Board, Middleton, MA
February 20, 2013

The Middleton Planning Board met at a specially scheduled meeting on February 20, 2013 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 David Leary, and John Knott

Not in attendance:
Beverly Popielski & Leah Moreschi

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

Chairperson Christine Lindberg called the meeting to order at 7:32 pm

Meeting Minutes-January 16, 2013

MOTION Made by David Leary to accept the minutes of January 16, 2013 as written.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

ANR-179 Forest Street, Map 15, Lot 84-Helen Macharia
Scott Henderson presented the ANR plan to subdivide one existing lot to create two new lots.  Both lots will have the required frontage and lot area for a single family home in the R-1b zoning district.  All existing accessory structures are proposed to be razed.

The Board confirmed that both lots met the requirements of a conforming lot in the R-1b district.

MOTION: Made by David Leary to approve the ANR plan for 179 Forest Street.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

ZBA Recommendation-206 South Main Street, Map 26, Lot 3-Regal Fabrics, Inc. & 206 South Main Street-Two Special Permits & Site Plan Modification
Attorney Jill Mann appeared on behalf of the petitioners.  She presented the proposal for the use of 4,500 sq ft of the existing 40,000 sq ft building as additional warehouse storage space and distribution center for Regal Fabrics whose main facility will remain on Log Bridge Road in Middleton.  The special permits are required for the use and for changes to a nonconforming building.  Changes to the site plan include a new landscape plan designed by a landscape architect and the addition of three overhead doors.  There is sufficient parking and septic flow with the addition of the proposed use.  Only box trucks will be used for product deliveries as the 70’ right-of-way is not sufficient for tractor trailers to use the overhead doors on the side of the building.

MOTION: Made by John Knott to give a positive recommendation for the petition of Regal Fabrics for two special permits and site plan modification.  Motion seconded by David Leary.  Vote 3-0 in favor, motion carried.

ZBA Recommendation-230 South Main Street, Map 29, Lot 188C-Kearsage Middleton LLC-Special Permit & Site Plan Approval
Attorney Jill Mann appeared on behalf of the petitioner.  Also present at the hearing were one of the principals Mike Maynard, design engineer Richard McCarthy and Dave Daniels and Ned Bolth of Richardson Farms.

The proposed project is to be located on a 23 acre portion of 250-acre Richardson Farms property behind the Market Basket Plaza in the M-1 zoning district.  The access to the site will be via the access road located between 206 South Main Street and the Teak Imports store.  The site is ideal; this area of the property was an old quarry so it is all ledge and sits at an elevation of 49’ to 20’ below the street elevation.  There is no impact on storm water because there is no impervious surface from the installation.  One of the benefits of the project to the Town is the increase in tax revenue with no impact on Town services.  Once complete the property will be monitored off-site with monthly on-site visits.  Middleton Electric Light has lines with sufficient capacity available near the site to connect to for transmission of electricity.  The petitioner is currently in negotiations on a transmission agreement with MELD.  If an agreement is not reached the project will be unable to go forward.

Richard McCarthy reviewed the panel layout on the plans.  There is no exterior lighting or signage and an 8’ fence will surround the entire solar facility.  The construction phase should take approximately five months.  The noise level will be 60 decibels at 30 meters during the day; there will be no sound at night.  The power can only be sold to a municipal utility.  In response to a question from John Knott on the profitability, Mr. McCarthy explained that there are incentives through Federal and State agencies and because of that the project is profitable.  However, in June of this year there are some changes being made to caps and credits that will make the project less viable.

Ms. Lindberg commented that the shelf life on the panels is approximately 25 years but the value depreciates substantially.  She expressed concern that the site being returned to its former state once the lease is up or the usefulness is depleted.

Mr. Maynard stated that under Federal Law the panels depreciate to zero in 5 years.  Every Town has a decommissioning strategy after the facility is no longer in use.  The value of the steel and silicone is greater than the cost of the demo and removal from the site.  

MOTION: Made by David Leary to give a favorable recommendation for the petition of Kearsage Middleton LLC for a special permit and site plan approval.  Motion seconded by John Knott.  Vote 3-0 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 (Continued from 12/12/12 & 1/16/13)
Vaclav Talacko of Hancock Engineering appeared on behalf of the petitioner.  Copies of the revised subdivision plans were distributed to the Board members.  He presented the revisions made to the plan which have been reviewed by DK Engineering.  A letter from DK Engineering dated 2/11/13 was received by the Board.  (Letter on file.)

Chairperson Lindberg informed Mr. Talacko that the Board would like to have the plans prior to the meeting to allow the Board members time to review them.

Mr. Talacko stated that no changes have been made to the layout of the lots.  The changes to the previously approved subdivision include lowering the roadway and changes to drainage.  With regard to the drainage the changes include collection of drainage at the rear of the subdivision, changes to the slopes and pipe sizes.

Ms. Lindberg asked who would maintain the infiltration basin.

Mr. LaBossiere stated that the Town maintains the detention ponds in the subdivisions once the roadways are accepted.  There is an access easement down the driveway to the detention basin.

Mr. Talacko further reviewed the detention basin and clarified the DEP regulations require that the runoff from the proposed project mimic the current runoff.

Chairperson Lindberg stated that there are only three members present tonight and she would prefer that the other members be present before voting on the subdivision modification.  In addition, the Board has not had adequate time to review the plans as they were just presented tonight.

Property owner Yvonne McAuley expressed her frustration over delaying the vote on the project.  They are trying to get water brought across the highway to the project prior to the paving of 114 scheduled for the spring.

Janet Parker, abutter to the project, expressed her concern over disturbance from the headlights going around the cul-de-sac, snow being pushed onto her property from the roadway and the previous agreement for utility connections.

Mr. Talacko reviewed the plan and indicated that there should not be much traffic from the subdivision and therefore not much disturbance from headlights.  There will be a guardrail along the roadway which should keep the snow from being pushed onto Ms. Parker’s property and the previous utility agreement will remain in effect; the shared electrical pad is not proposed to be moved.

Mr. LaBossiere stated that he would check with MELD regarding the location of the electrical box.  He also confirmed that Town water would be available to the Parkers from the subdivision via a curb stop connection.

MOTION: Made by David Leary to continue the hearing to the next Planning Board meeting scheduled for March 13, 2013.  Motion seconded by John Knott.  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 & 1/16/13)
Chairperson Lindberg stated that a letter dated 2/6/13 had been received from the petitioner’s attorney requesting a continuance because the final comments from DK Engineering had not yet been received.  (Letter on file)

MOTION: Made by David Leary to continue the hearing to the next Planning Board meeting on March 13, 2013.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Other Business-

Discussion of Town of Middleton Storm Water Management Bylaw
DPW Superintendent Robert LaBossiere reviewed the proposed bylaw and stated that he did not feel that the bylaw would be ready to go for the upcoming Town Meeting.  

Chairperson Lindberg explained the purpose for instituting the new regulations is due to mandates from DEP & EPA requiring property that does not fall under the current Subdivision Rules and Regulations be subject to storm water regulations.  Currently property that is approved for building lots through ANR plans are not subject to the regulations and this is causing issues when the properties are clear cut and nothing is in place to keep the runoff on the property.

Mr. LaBossiere explained that he would be reviewing the applications that will be submitted by the property developer or owner along with a sketch.  The plans would not require review by the Board or DK Engineering.  He asked the Board to review the proposed bylaw and suggest any changes they feel appropriate.

Chairperson Lindberg asked that the matter be placed on the March 13, 2013 meeting to continue the discussion.

Scheduling Public Hearing for Zoning Bylaw Amendments
Chairperson Lindberg stated that a public hearing for the proposed amendments to the zoning bylaw would be held on March 13, 2013.

MOTION: Made by David Leary to adjourn.  Motion seconded by John Knott Vote all in favor to adjourn.  Meeting adjourned at 8:44 pm.