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Planning Board Minutes 05/08/2013
Planning Board, Middleton, MA
May 8, 2013

The Middleton Planning Board met at a regularly scheduled meeting on May 8, 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
John Knott

Others present
Robert LaBossiere, DPW Director and Karen Matsubara, Recording Secretary

Chairperson Christine Lindberg called the meeting to order at 7:30 pm

Meeting Minutes-April 10, 2013
MOTION: Made by David Leary to accept the minutes as written.  Motion seconded by Beverly Popielski.  Vote 5-0 in favor, motion carried.

Road Improvement Plan-Old East Street, Map 8, Lots 6 & 6A-Country Place Development, LLC
Chairperson Lindberg explained that, upon information received from Town Counsel, it appears that there is conflicting data filed at the Registry of Deeds.  Some data says that Old East Street is a road and other data says that it is not.  Upon advice of Town Counsel this matter needs to be resolved through the courts before the Planning Board can make a determination on an adequate access road improvement plan.

MOTION: Made by John Knott to deny the road improvement plan for Old East Street, Map 8, Lots 6 & 6A based upon Town Counsel‘s recommendation and conflicting data filed at the Registry of Deeds, it is the Town’s opinion that the way does not meet the qualifications of a road improvement plan.  Motion seconded by David Leary.  Vote 5-0 in favor, motion carried.

Town Meeting Recommendations (continued from 4/10/2013)

  • Warrant Article 31 – Street Acceptance Ross Lane
  • Warrant Article 32 – Street Acceptance Warren Drive
Chairperson Lindberg reviewed that at the last meeting Attorney McCann had requested a continuance to allow more time to provide information to the Board.  No new information has been provided and a recommendation needs to be made this evening.

Beverly Popielski asked DPW Director LaBossiere if the as-built plans had been received.

Mr. LaBossiere replied that the as-built plans were received but not accepted.  There is some work that needs to done to a detention basin.

MOTION: Made by Beverly Popielski to not recommend Articles 31 or 32.  Motion seconded by Leah Moreschi.  Vote 5-0 in favor, motion carried.

Definitive Signing-Lewis Drive (Pheasant Ridge Modification)-75 & 77 South Main Street
Chairperson Lindberg stated that a letter has been received from the Town Clerk indicating that no appeal has been filed against the definitive approval.

MOTION: Made by Beverly Popielski to sign the definitive subdivision mylar plans for Lewis Drive.  Motion seconded by Leah Moreschi.  Vote 5-0 in favor, motion carried.

ANR-15 & 21 Lake Street, Map 24, Lots 90 & 91–Smith & Sons
Chairperson Christine Lindberg is recused from the hearing as she is an abutter to the property.  Leah Moreschi is acting chair.

William Smith appeared on behalf of the petition and reviewed the ANR plan to subdivide two existing lots to create three new lots.  One lot will be 40,000± sq ft and two lots will each be 20,000± sq ft.  Two existing homes on the lots will be razed.

MOTION: Made by David Leary to approve the ANR plan for 15 & 21 Lake Street.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

Special Permit-Two Family-6 Perkins Road, Map 19, Lot 13A-Warren Kelly
Warren Kelly appeared on behalf of the petition and reviewed the request for a special permit for a two-family dwelling.  The property consists of 86,042 sq ft.  When he purchased the split level home from the former owners it had an apartment on the upper floor and an apartment in the basement.  He intends to raze the existing home and construct a new two-family home that will have the appearance of a single-family home.  There will be a main home with a small two-bedroom apartment on the side.  He explained that the Building Inspector had reviewed his plans and directed him to appear before the Planning Board to get approval for a two-family dwelling.

Beverly Popielski pointed out that the existing shed on the plan is located on two lots; the shed needs to be moved onto one of the lots or razed.

Mr. Kelly explained that he also owns the other lot and that the lot lines were going to be moved.

Ms. Lindberg noted that there are no indications that the existing structures will be razed and/or moved.

Jerry Puopolo of 7 Bouchard Drive stated that he has lived in the neighborhood for 20 years and was not aware that the home was two apartments and his concern was the classification as a two-family.

Ms. Lindberg explained that a two-family is allowed in the zoning district provided that the property has twice the required area of a single-family home.

Raymond Armstead of 1 Bouchard Drive stated that Mr. Kelly blocked the road from the Barnes home, planted trees and filled in a marsh area.

Mr. Kelly explained that he had met with CC and FEMA who recommended that an area be filled and a retention area be installed to prevent flooding of the area which he did at his expense.

Mr. Armstead explained that the flooding was being caused by a blockage; the work done by Mr. Kelly should never have been done.   The Town came in, dug and cleared the blockage and repaired a broken pipe that ran between Perkins Road and the gas station.  Since the repairs have been done the flooding problem has been fixed.

Ms. Lindberg also noted that the plan does not indicate the owner of the abutting property that is crossed for the easement for Town water service.  The special permit is going to be tied to the plan and all the requisite information needs to be included on the plan.

Mr. Kelly stated that he has an existing two-family home on the property and was under the impression that he was appearing before the Board to formalize the legal status for a two-family dwelling.

Francine Armstead asked if the easement for the water was crossing over her property and if the acreage being used to establish the two-family lot included the road that was removed and replanted.

Mr. Kelly explained that the road Mrs. Armstead was referring to was a driveway.  The impervious surface was removed and grass was planted; the conservation commission felt that would be better for drainage.

Mr. Armstead stated that the changes made to the road caused flooding to his property and required him to put a sump pump in his home.

Ms. Lindberg reviewed the items that needed to be added to the plan: notations for razing or moving the shed and other existing structures, add owner of record to abutting properties, and septic and well locations.  She informed the petitioner that he could request to continue or to withdraw without prejudice.

Mr. Kelly asked to continue his petition.

MOTION: Made by David Leary to continue the hearing to the next regularly scheduled meeting on June 12, 2013.  Motion seconded by John Knott.  Vote 5-0 in favor, motion carried.

Other business-
Discussion-Woodward Estates-Status of Definitive Subdivision
DPW Director LaBossiere stated that the roadway has never been approved.  The owner had contacted the office to request the release of the bond.  However, the as-built plans have never been submitted for acceptance.  Approximately $18,000 is being held in contingency which is not released until a year after acceptance.  In addition the refundable fees are still being held.  Mr. LaBossiere wanted to inform the Board of the status and determine whether they would like a letter sent to at least walk the street with the developer.

Ms. Lindberg felt that the developer should come to the Board first to discuss completion and acceptance of the roadway.

Ms. Lindberg announced that tonight was Leah Moreschi’s last meeting and thanked her for her five years of service on the Board.

MOTION: Made by David Leary to adjourn.  Motion seconded by Beverly Popielski.  Vote all in favor to adjourn.  Meeting adjourned at 8:17 pm.