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Planning Board Minutes 03/13/2013
Planning Board, Middleton, MA
MINUTES OF THE MEETING
March 13, 2013

The Middleton Planning Board met at a regularly scheduled meeting on March 13, 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

Also present:
Richard Bienvenue, Building Commissioner
Karen Matsubara, Recording Secretary

Chairperson Christine Lindberg called the meeting to order at 7:40 pm

Meeting Minutes-February 20, 2013
Chairperson Lindberg stated that a quorum was not present to vote on the minutes and continued the acceptance to the next hearing.

Public Hearing-Zoning Amendment Recommendations
Chairperson Lindberg announced that a public hearing was advertised for 7:30 pm; the hearing will be opened and then tabled to later in the meeting.

Clerk Leah Moreschi read the legal notice and confirmed that notices had been sent to the abutting Towns and to the regional planning agencies.

ZBA Recommendation-30 Lake Street, Map 24, Lot 37-Town of Danvers-Site Plan Modification
Rick Rogers from the Town of Danvers presented the request for modification to the Site Plan originally approved by the Board of Appeals in October 2010.

Engineer for the project, David Peeling of Kleinfelder Inc. explained that the original plans provided indicated the LOX (Liquid Oxygen) tank was represented by a rectangle for a LOX tank and associated equipment.  As the project got to the construction phase it was discovered that the tank was specified as a vertical tank.  The tank is the same size and capacity, the pad size is unchanged.  The difference is the change from horizontal to vertical.

Ms. Lindberg expressed concern that the tank is very tall and is located in close proximity to the abutter’s property.  She questioned the adequacy of the screening with arborvitae.  She also asked if the tank could be painted a different color.

Mr. Peeling explained that a horizontal tank would cost an additional $175,000 to $225,000 and increase the project schedule approximately 8 months.  The tank does need to stay in its proposed location because of the necessary proximity to the Ozone Building.

Mr. Rogers indicated that the increased project cost will ultimately be passed onto the rate payers from Danvers and Middleton because it is a public project.

Ms. Lindberg highly recommended the petitioner work with the neighbors and talk with a landscape engineer to improve the screening on the landscape plan.

MOTION: Made by Leah Moreschi to give a positive recommendation for the 30 Lake Street Site Plan Modification provided that the abutters and a landscape architect are contacted and an agreement is reached for the screening of the tank.  Motion seconded by Beverly Popielski.  Vote 3-0 in favor, motion carried.

ZBA Recommendation-236 South Main Street, Map 33, Lot 50-Anola Vaka-Use Variance-Dog Groomer
The petitioner was not present at the hearing; the matter was tabled to later in the hearing.

Bond Reduction-Essex Crossing Subdivision, Map 10, Lot 20-D.U.C. Residential
Ms. Popielski explained that she had been recused from the definitive hearings because she was the listing agent for the previous owners; her business interest with the property has since ended.

The hearing was continued to the March 27, 2013 hearing because of a lack of quorum.

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)
John & Yvonne McAuley signed a continuance agreement to the March 27, 2013 meeting.

MOTION: Made by Beverly Popielski to continue the hearing to March 27, 2013.  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
Attorney Jill Mann had originally requested a continuance to the April 10, 2013 hearing.  It is believed that the petitioners will be ready to go forward at the next scheduled hearing and requested that the hearing be continued instead to the March 27, 2013 hearing.

MOTION: Made by Beverly Popielski to continue the hearing to March 27, 2013.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.


Other Business-

Discussion-Road Improvement Plan-Thunderbridge Lane
Attorney Jill Mann appeared on behalf of the applicant.  She explained that the petitioner is looking for a determination from the Planning Board to allow a building permit to be issued to reconstruct the home on Thunderbridge that had blown up prior to road improvements under the Adequate Access Bylaw.  In this case there are homes constructed on each side of the subject property which already has an existing septic system and foundation.  The petitioner does plan to come back to the Board for approval of a road improvement plan.


MOTION: Made by Beverly Popielski that the roadway improvements do not need to be made prior to a building permit being issued for #9 Thunderbridge Lane.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

Chairperson Lindberg called a five-minute recess.

ZBA Recommendation-236 South Main Street, Map 33, Lot 50-Anola Vaka-Use Variance-Dog Groomer
Mr. Bienvenue explained that dog grooming facilities fall under kennels in the zoning bylaw and are not allowed in the M-1 zoning district.  The petitioner will not be boarding the dogs and proposes to have only three (3) dogs in the facility at one time.  Seven parking spots are allotted for her space.

MOTION: Made by Beverly Popielski to give a favorable recommendation for a use variance to allow a dog grooming facility at 236 South Main Street.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

Public Hearing-Zoning Amendment Recommendations
1.      Add new Section “Temporary Moratorium on Medical Marijuana Treatment Centers

Chairperson Lindberg explained that Medical Marijuana was voted in at the last State election and will allow up to five (5) facilities per county, for a total of 35 in the State.  Wakefield tried to ban the facilities outright and just found out today that the A.G. has not approved banning but has approved a moratorium proposed by Burlington.  DPH has still not issued the Rules and Regulations that will govern Medical Marijuana.  The Bylaw Committee has proposed a moratorium until July 1, 2015.

Jill Mann felt that the moratorium should be for one year because at the end of one year if the regulations are still not in place the moratorium can be extended for another year at the next Town Meeting.

Craig Hartwell appeared on behalf of the Bylaw Committee and explained that the two year moratorium will give adequate time to determine what the effects of a medical marijuana facility may have and to be able to write an effective Bylaw to regulate the use within the Town.

MOTION: Made by Beverly Popielski to have the Bylaw Committee revisit and recommended changing the date of the moratorium to 2014 and adding additional language to be able to reconsider the moratorium at the next Town Meeting.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

2.      Amend  Section 3.2.1 Paragraph #1-Accessory uses and structures, Residential Districts, and Table of Use Regulations Section G-Accessory Uses, Line 2

Mr. Bienvenue explained that the types of residential accessory uses and structures have increased and the change includes accessory uses & structures that have become popular in Town but are not currently listed such as pool cabanas, sports courts, etc.
MOTION: Made by Leah Moreschi to make positive recommendation for the amendment to Section 3.2.1 Paragraph #1 as written.  Motion seconded by Beverly Popielski.  Vote 3-0 in favor, motion carried.

3.      Amend Section 4.1.2 Paragraph #1-Notes to Table of Dimensional Requirements, Lot Width by adding the following sentence to the end of the paragraph: “At no point between the street frontage line and the principal structure shall the lot be narrower than 75% of the required frontage.

Ms. Lindberg explained that when the Bylaw was last updated this language was erroneously omitted.  The amendment simply puts the language back into the Bylaw.

MOTION: Made by Beverly Popielski to make a positive recommendation for the amendment to Section 4.1.2 Paragraph #1 as written.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

4.      Add new paragraph #9 to Section 4.1.2-Notes to Table of Dimensional Requirements: “No dwelling, or part thereof, shall be located within the front, side and rear yard setbacks, as defined by the Table of Dimensional Requirements.”

Ms. Lindberg explained that again this language was omitted from the last update and the amendment puts the language back in.  The language clarifies that a part of the home, such as a deck, also needs to comply with the setbacks.

MOTION: Made by Beverly Popielski to make a positive recommendation to add new paragraph #9 to Section 4.1.2 as written.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

5.      Add “Adult Entertainment Overlay District” to the list of overlay districts in Section 2.2-Overlay Districts

Ms. Lindberg explained that when the adult overlay district was created the district was not added to the list of overlay districts; this amendment will fix that.

MOTION: Made by Beverly Popielski to make a positive recommendation to add the Adult Entertainment Overlay District to the list of Overlay Districts, Section 2.2.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

6.      Amend Section 6.3.4-Driveway Grades to 9%

Ms. Lindberg explained that this proposal would change the current 6% grade to 9% to make it less restrictive.  She suggested that 9% grade is steep for a major roadway such as Rte 114.  

MOTION: Made by Christine Lindberg have the Bylaw Committee revisit and recommended designating grades based on the three street classes; major, secondary and minor.  Motion seconded by Beverly Popielski.  Vote 3-0 in favor, motion carried.

7.      Remove definition “Private Garage”  from Section 10.1-Definitions

Mr. Bienvenue stated that the definition is not in keeping with the times; many residents have more than three vehicles that are garaged.  The Bylaw Committee was in agreement and suggested the deletion of the definition which only pertains to residential properties.

MOTION: Made by Beverly Popielski to make a positive recommendation to remove the definition of “Private Garage” from Section 10.1 as written.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

8.      Amend the definition “Rooming or Boarding House” Section 10.1.-Definitions

Mr. Hartwell explained that the definition in the current Bylaw restricts the number of guests to four but the Table of Use Regulations restricts the number of guests to two.  The Bylaw Committee agreed to the restriction of two guests and therefore amending the definition to reflect the change.

MOTION: Made by Beverly Popielski to make a positive recommendation to amend the definition of “Rooming or Boarding House” as written.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

9.      Clarify Minimum Area of the R-1a & R-1b Districts in the Table of Dimensional Regulations

Ms. Lindberg explained that the way the Table reads now it looks like you would be allowed to construct a two-family dwelling in either of the zones if you had just above the minimum lot requirement.  The change clarifies that double the minimum for each zone is required for a two-family home.

MOTION: Made by Beverly Popielski to make a positive recommendation to amend the Table of Dimensional Regulations as written.  Motion seconded by Leah Moreschi.  
Vote 3-0 in favor, motion carried.

10.     Amend Table of Use Regulations, Section C-Commercial, Line 6-Nursing home, Line 7-Veterinary hospital, Line 8-Kennel and Line 9-Riding stable

Ms. Lindberg explained that currently these uses are only allowed by Special Permit in the RA Zoning District.  This amendment proposes to allow the uses in the B-Business and M-1-Light Industrial Districts by Special Permit.  Ms. Lindberg suggested removing the use from RA.
The Board discussed the recommendation for removal from RA and decided that the Bylaw Committee should revisit the proposed amendment with the removal of the Nursing Home and Veterinary Hospital Uses from the RA District.

MOTION: Made by Beverly Popielski to have the Bylaw Committee revisit and suggested in addition to the proposed amendments, recommended removing Line 6-Nursing Homes and Line 7-Veterinary Hospitals from the RA District.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

11.     Amend Table of Use Regulations, Section C-Commercial, Line 26-Educational use, non-exempt

Ms. Lindberg explained that currently the use is allowed by Special Permit in the RA and B-Business Zoning Districts.  The proposed amendment removes the use from RA and changes the use in the B-Business District to “Allowed by Right”; and “Allowed by Right” on lots in the M-1 Zoning District but only if they have frontage on North Main or South Main and are not more than 500 feet back from the center line of the street.

Attorney Mann questioned the restriction in the M-1 District.

Mr. Hartwell & Mr. Bienvenue could not remember the reason the Committee had put in that restriction.

After some discussion it was decided that the matter should be referred back to the Committee for further review.

MOTION:  Made by Christine Lindberg to have the Bylaw Committee review to clarify “Y*” designation.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

12.     Amend Table of Use Regulations, Section F-Other Uses, Line 1-Drive-through or drive-up window or facility.

Ms. Lindberg explained that in the current Table of Use Regulations a drive-through or drive-up window or facility is allowed by Special Permit in all Residential Districts.  The proposal is to remove the use from all Residential Districts.

MOTION: Made by Beverly Popielski to make a positive recommendation to amend the Table of Use Regulations F, Line 1 as written.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

13.     Amend Table of Use Regulations, Section G-Accessory Uses, Line7-Adult day-care

Ms. Lindberg explained that the proposed amendment allows the use in the B-Business and M-1-Light Industrial Districts by Special Permit.

After some discussion it was the Board’s suggestion that the Bylaw Committee review the amendment and suggested that the use be removed from the Residential Districts.

MOTION: Made by Beverly Popielski to have the Bylaw Committee revisit and suggested in addition to the proposed amendments, recommended shifting the use out of the Residential Districts.  Motion seconded by Leah Moreschi.  Vote 3-0 in favor, motion carried.

Attorney Mann commented on other uses in the Table of Use Regulations that she felt needed to be addressed.  

Chairperson Lindberg explained there wasn’t enough time to add other zoning changes to this year’s Town Meeting Warrant.

MOTION: Made by Beverly Popielski to adjourn; vote all in favor to adjourn.  Meeting adjourned at 9:20 pm.