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Planning Board Minutes 04/10/2013
Planning Board, Middleton, MA
MINUTES OF THE MEETING
April 10, 2013

The Middleton Planning Board met at a specially scheduled meeting on April 10, 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
Beverly Popielski (arrived at 7:42 pm)
David Leary
John Knott

Others present
Ira Singer, Town Administrator and Karen Matsubara, Recording Secretary

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

Meeting Minutes-March 27, 2013
Chairperson Lindberg tabled the acceptance of the minutes until another Board member was present.

Town Meeting Recommendations

Warrant Article 5-Appropriation of community preservation funds.

Chairperson Lindberg read the article into record and reviewed the allocations to different CPC projects.

MOTION: Made by David Leary to give a favorable recommendation for Article 5.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Warrant Article 14-Appropriation of funds to prepare plans to relocate and restore the South Middleton Train Station.

Chairperson Lindberg read the article into record and gave a brief history of the train station.

MOTION: Made by David Leary to give a favorable recommendation for Article 14.  Motion seconded by John Knott.  Vote 3-0 in favor, motion carried.

Warrant Article 30-Request filing of bill to transfer various wetlands and open space parcels from DCAM to the Middleton Conservation Commission.

Chairperson Lindberg read the article into record.

Mr. Singer reviewed the affected parcels located in different areas of Town and explained that historically the county was able to acquire theses parcels for the purpose of conservation without putting on Conservation Restrictions.  There is a concern of the Stream Team, Conservation Commission and other Town Officials that with DCAM having jurisdiction over the land it may at some point in the future decide to sell it or use it for an active state purpose.  DCAM was the agency responsible for the development of the jail and the DYS facility.

MOTION; Made by John Knott to give a favorable recommendation for Article 30.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

Warrant Article 31 & Warrant Article 32-Street acceptance Ross Lane & Warren Drive

Chairperson Lindberg explained that Attorney McCann had requested a continuance to the next hearing scheduled for May 8, 2013 to try to get more information for the Board.

MOTION: Made by Beverly Popielski to not continue and not recommend acceptance of the streets.  No one seconded the motion.

MOTION: Made by David Leary to continue the recommendation to the May 8, 2013 Planning Board hearing.  Motion seconded by John Knott.  Vote 3-1 in favor, motion carried.  Beverly Popielski voted against.

Warrant Article 36-Amend 2012 Town Meeting Article 28 by adding additional language

Chairperson Lindberg read the article into record.

Mr. Singer explained that over the past few years land was purchased and the buildings razed.  The parcels are now open space.  However, the state is not happy that the Town has not assigned a deed restriction which is required under Chapter 44B, Section 12 but it does not specify the type of deed restriction.  It would be ludicrous for the Town to put a strict conservation restriction on the property and not have the ability to utilize the property to create additional parking as was done with the library or to use a portion of the Hagan property as part of the Town Common plan for the location of the train station.  The Town is still in discussions and could lose the grant but will still try to put in deed restrictions that will be delegations from the deed restriction to the Board of Selectmen, not CRs on non-wetland parcels.

MOTION: Made by Beverly Popielski to give a favorable recommendation for Article 36.  Motion seconded by David Leary.  Vote 4-0 in favor, motion carried.

Meeting Minutes-March 27, 2013
MOTION: Made by David Leary to accept the minutes of March 27, 2013 as written.  Motion seconded by Beverly Popielski, Vote 3-0 in favor, motion carried.  John Knott abstained as he was not at the meeting.

ZBA Recommendation-244 Maple Street, Map 19, Lot 147-Torre Street Realty LLC-Site Plan Approval
Attorney Jill Mann appeared on behalf of the applicants and reviewed the petition for site plan approval.  The subject property is adjacent to the vacant parcel at the four corners intersection of Maple and East Streets.  The use, an early childcare facility is permitted by right in every district in Town.  The facility meets the definition as it is for care of children under 7 years of age with some instructional services.  There will be nine classrooms for the various age groups.  Offices will be located at the front of the building.  The building can house 162 people.  Based on the number of occupants 54 parking spaces are provided at the front of the building.  The entire structure is surrounded by fencing with gates.  There will be play areas on each side of the building.  There will be one driveway on Maple Street for access and egress.  The hours of operation will be 7 am – 6 pm.  The drop off and pick up times are often staggered based on need.  All setbacks and other dimensional requirements will be met.  The building will be a single story brick craftsman style building.  There will be one wall sign and one 36 sq. ft. externally lighted free standing sign.  The petition will be going before the ICDRC on 4/19/13.

Ms. Popielski questioned the filling in the wetland area.

Attorney Mann explained that the wetland is an isolated wetland and the petition is currently before the Conservation Commission.  

Site Engineer Chris Sparages gave a more detailed explanation of the wetlands and other on-site storm water management.

In response to a question of a traffic study, Mr. Sparages stated that a traffic study was done by DCI and the report will be issued in the next few weeks.  It is not expected that there will be any issues with the traffic for the proposed use.  The driveway was pushed to the far east of the property to keep it as far from the intersection as possible.

MOTION: Made by David Leary to give a favorable recommendation for site plan approval for 244 Maple Street.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

ZBA Recommendation-206 South Main Street, Map 26, Lot 3-Elite Sports & Fitness LLC/206 South Main Street LLC-Special Permit & Site Plan Modification
Attorney Jill Mann appeared on behalf of the applicant.  She reviewed the petition to locate a fitness training facility in a 3,250 sq ft portion of the subject property.  This type of training is done in small group sessions of 90-120 minutes.  It is anticipated that not more than twenty people will be in the facility at one time.  There will be no sale of beverages on site.  Seventeen parking spaces will be provided; seven on the side and the remainder at the rear.  The only change to the building for the fitness facility will be the addition of pedestrian doors.  In addition the property owner is proposing to remove the front portico and clean up the front of the building and will go back to ZBA for a front façade.

MOTION: Made by John Knott to give a favorable recommendation for a special permit and site plan modification for the petition of Elite Sports and Fitness.  Motion seconded Beverly Popielski.  Vote 4-0 in favor, motion carried.

ZBA Recommendation-122-130 South Main Street, Map 29, Lot 188B-Richardson’s Farms Inc.-Site Plan Approval
Attorney Jill Mann appeared on behalf of the applicant.  Ned Bolth and Dave Daniels of Richardson’s Farms and Site Engineer Chris Sparages were also present.  The petitioner is seeking to construct a funeral home on the subject property which is allowed by right in the M-1 zoning district along South Main Street.  There will be one driveway for access and egress with traffic circulating around the building and parking at the rear.  The building will be 3,780 sq ft in total with two 1,200 sq ft chapels.  The building is two stories but only the first floor will be used.  Mackey Funeral Home of Danvers will be running the new funeral home and were involved in the design.  Fifty-four parking spaces are provided and the building will have a maximum occupancy of 162 people.  The Richardson’s have also agreed to allow parking at the florist in the event that overflow parking is needed for up to 20 cars.  If there is a funeral procession with more than 10 cars there will be a detail officer to control the flow of traffic and in addition the procession will only exit right from the property.  In addition there will be valet parking available at the Richardson’s retail establishments

Ned Bolth stated that the main entrance of the building for patrons is at the rear.  The front doors are for the farm house aesthetic and are for use by staff only.

Chris Sparages explained that there is no curb cut; the driveway location has gotten a preliminary approval from Mass Highway.

MOTION: Made by Beverly Popielski to give a favorable recommendation for site plan approval for a funeral home at 122-130 South Main Street.  Motion seconded by David Leary.  Vote 4-0 in favor, motion carried.

Bond Reduction-Rolling Meadow Estates-Woodbury Lane-Bay Development LLC
Attorney Mann appeared on behalf of the developer to request a bond reduction for the Rolling Meadow definitive subdivision and an extension to the tripartite until June 2015.

MOTION: Made by Beverly Popielski to reduce the Rolling Meadow bond by $48,725 leaving a balance of $180,688 and extend the tripartite until June 1, 2015.  Motion seconded by David Leary.  Vote 4-0 in favor, motion carried.

Bond Reduction-Mill Brook Estates-Dolan Drive-Dolan Drive LLC
Beverly Popielski abstained from the vote as she is an abutter to the property.

Attorney Jill Mann appeared on behalf of the developer to request a bond reduction for the Mill Brook definitive subdivision and an extension to the tripartite until November 2013.  The final pavement was done in October 2012 as is all other work within the subdivision but the road cannot go forward for acceptance until October 2013.  In the event that there won’t be a fall town meeting another extension will have to be requested.

MOTION: Made by David Leary to reduce the bond by $20,050 leaving a balance of $23,235 and extend the tripartite until November 30, 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, 11/14/2012, 12/12/12, 1/16/13, 2/20/13, 3/13/13 & 3/27/13)
Chairperson Lindberg stated that the hearing for the definitive subdivision had been continued through a number of meetings due to extensive engineering reviews and revisions.  She read correspondence dated 4/10/13 from DPW Director Robert LaBossiere who was unable to attend tonight’s meeting.

Attorney Jill Mann appeared on behalf of the developers.  In response to Mr. LaBossiere’s memo, Attorney Mann stated that the review done by DK Engineering not only included the drainage and infrastructure of the subdivision but also review of the traffic reports and East Street off-site improvement plan for site distance which was submitted to the Board at the March meeting.

David Leary requested that the site distance improvements be done first prior to work within the subdivision.  The petitioner agreed to the request.

Attorney Mann stated that after the area for sight distance is cleared the engineers will stake the right-of-way with permanent metal markers.

Site Engineer Chris Sparages stated that he would refer to the off-site improvement plan and summarize the improvements on a note on the definitive plan for recording.  In response to a question from Ms. Popielski on roadway length, Mr. Sparages replied that the total road length is around 7,000 linear feet, just over 1.25 miles.

Attorney Mann explained that an agreement was made with the DPW Director that some sidewalk construction along East Street would be done and some money would be contributed to the sidewalk fund; the total of the two being equivalent to the cost of construction of a sidewalk on one side of the streets within the subdivision, a cash value of $38,500.

George Collins, abutter to the project asked if Town Counsel had spoken with the Board recently about connecting this development with Metcalf Ave.  He also asked if the developer had looked into connecting to Metcalf Ave or if the independent engineer had looked into the connection.

Chairperson Lindberg replied that Town Counsel had not spoken with the Board regarding the connection.  Ridgewood Estates is already providing connections to the two adjacent subdivisions and Metcalf already has access on East Street.  The connection to Metcalf was not part of the independent engineering review.

Attorney Mann commented that the developer of Ridgewood Estates has no desire to provide a connection to Metcalf Ave.

Mr. Collins read a section in the Planning Rules and Regulations in regard to connections with incomplete ways.

Chairperson Lindberg noted that Mr. Collins is currently in litigation with the Town and that no further discussion on the matter was going to take place.

Waiver 1- Section VIII.B.1.e – Cul-de-sac streets shall not exceed five hundred (500) feet in length.

MOTION: Made by David Leary to allow cul-de-sac street lengths to be 1,506.16 feet and 554.99 feet in length.  Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

Waiver 2- Section VIII.B.6.aAll 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 David Leary to allow electrical utility, temporary slope easement and drain easements less than 30 feet wide as shown on the plans.  Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

Waiver 3- Section VIII.C.2.dVelocities 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 allow velocity to be greater than 8 feet per second with appropriate riprap protection.  Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

Waiver 4- Section VIII.C.2.iDrainage pipe(s)…shall have a minimum of three (3) feet cover in paved or other vehicular roads

MOTION: Made by David Leary to allow cover to be reduced as shown on plans with the use of high density polyethylene (HDPE) pipe.  Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

Waiver 5- 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 David Leary to allow a minimum of four (4) trees per lot for lots with frontages on two ways and two (2) trees per lot for all other lots.  Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

Waiver 6- Appendix–“TYPICAL CROSS –SECTION” Slope outside right of way to be 2:1 max.

MOTION: Made by David Leary to allow the use of 1.5:1 riprap slope.  Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

Waiver 7- Section VIII.B.6A bituminous sidewalk shall be constructed on both sides of all streets within a subdivision in accordance with the standards in the appendix

MOTION: Made by David Leary to allow for a sidewalk on only one side of the street.  Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

Waiver 8- Section VIII.C.2.gCatch basins shall be installed at all intersections including those with existing streets

MOTION: Made by David Leary to allow no catch basins at the intersection of Towne Road due to the proximity of the existing catch basin just past the intersection with Towne Road.  Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

MOTION: Made by Beverly Popielski to approve the Definitive Subdivision plan for Ridgewood Estates drawn by Williams & Sparages with a last revision date of 3/27/2013 with the following conditions:
  • The off-site improvement plan dated February 20, 2013, entitled “Sketch Plan, showing site distance information and proposed improvements described in traffic letter report from MDM Transportation, Inc. dated 1/14/2013” to be included with the recording of the definitive plan.
  • A contribution in the amount of $38,500.00 will be made to the Sidewalk Fund or an equivalent amount of sidewalk will be constructed along East Street.
  • The street names assigned by the Board of Selectmen will be added to the definitive plan.
Motion seconded by David Leary.  Vote 4-0 in favor, motion carried.

Chairperson Lindberg informed Mr. Collins that as part of DK Engineering’s review he stated that it was up to the Planning Board to determine if the connection was applicable to Metcalf Avenue.  The Board determined that it was not applicable.

Mr. Collins asked if the letter was recent and questioned why Mr. Koravos brought up the matter at all.

Other business-
None

Chairperson Lindberg called for a motion to adjourn.

MOTION: Made by David Leary to adjourn.  Motion seconded by Beverly Popielski.  Vote all in favor to adjourn.  Meeting adjourned at 9:31 pm.