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Planning Board Minutes 08/14/2013
Middleton Planning Board
Middleton, MA
MINUTES OF THE MEETING
August 14, 2013

The Middleton Planning Board met at a regularly scheduled meeting
on August 14, 2013 at the Fuller Meadow School,
143 South Main Street, Middleton, Massachusetts at 7:00 PM.

The following board members were in attendance:
Chairperson Robert Aldenberg, Acting Clerk Beverly Popielski, and members David Leary and John Knott

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

Chairperson Robert Aldenberg called the meeting to order at 7:10 PM.

Minutes-07/10/2013
MOTION: Made by David Leary to accept the July 10, 2013 minutes as written.   Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

ANR-15, 19 & 21 Lake Street, Map 24, Lots 90, 90A & 91-William Smith
William Smith presented an ANR plan which is a revision of the ANR that was approved at last month’s meeting.  Mr. Smith explained that the previous plan had two single-family lots and one two-family lot.  The new plan creates three single-family lots.

Mr. Aldenberg confirmed that the three lots had the required area and frontage in the R1-a zoning district.

MOTION: Made by Beverly Popielski to approve the ANR plan dated July 26, 2013, prepared by LJR Engineering Inc. for Smith Sons Plumbing and Heating Inc., lots 1, 2 & 3 Lake Street.  Motion seconded by David Leary.  Vote 4-0 in favor, motion carried.

ZBA Recommendation-15 & 21 Lake Street, Map 24, Lots 90 & 91-Special Permit-Earth Removal-William Smith
Mr. Smith explained that he was seeking a special permit to remove excess materials from the three lots that he is developing.  He estimated 300-400 yards of material would be removed.

MOTION: Made by Beverly Popielski to give a favorable recommendation for the requested special permit to remove excess materials from lots 1, 2, and 3 Lake Street.  Motion seconded by David Leary.  Vote 4-0 in favor, motion carried.

ANR-121 East Street, Map 14, Lot 28-Robert Riddle
Robert Riddle presented an ANR plan to subdivide his property into two single-family lots.  The existing detached garage will be razed.  

Mr. Aldenberg confirmed that there was adequate area and frontage to create the new lot.

MOTION: Made by Beverly Popielski to approve the ANR for 121 East Street, plan dated 06/21/2013 prepared by LeBlanc Survey Associates, Inc. for Robert C. & Jeanne R. Riddle.  Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

Bond Reduction-White Lane-Michael Lane, LLC
Attorney Jill Mann gave a brief update on the subdivision construction and presented the request for a bond reduction for the White Lane subdivision.

MOTION: Made by John Knott to reduce the bond for White Lane by $55,065, leaving a balance of $42,702.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

Bond Reduction & Release of Refundable Fees-Mitchell Lane-D.O.B. Realty Inc.
Attorney Jill Mann gave a brief update on the subdivision construction and presented the request for a bond reduction for the Mitchell Lane subdivision.  She explained that she had also submitted a request for release of refundable fees but DPW Director LaBossiere deemed the as-built plan unacceptable.  Therefore, Attorney Mann requested to withdraw the request for release of the refundable fees.

In response to a question from Ms. Popielski, Attorney Mann explained that the roadway will be owned and maintained by the duplex condominium owners.

Mr. Aldenberg commented that if the property owners wished, the roadway could be accepted by the Town.  The roadway was created through subdivision control.

MOTION: Made by David Leary to reduce the bond for Mitchell Lane by $15,650, leaving a balance of $16,409.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

ZBA Recommendation-64 East Street, Map 14, Lots 9 & 9A-Special Permit-Common Driveway-Jon & Catherine Maidment
Attorney Jill Mann appeared on behalf of the applicant.  

Chairperson Aldenberg asked how the Board could give a recommendation for the petition when the subdivision has not yet been created.

Attorney Mann explained that she wanted to get the request before the Boards so that the special permit can be pending when the subdivision is approved.  The Conservation Commission would like a common driveway to service three homes which would require a new filing for a variance.

Definitive Subdivision-64 East Street-Map 14, Lots 9 & 9A-Jon & Catherine Maidment
Chairperson Aldenberg stated that the engineering review by DK Engineering has not been completed.  He requested a site walk be set.  A site walk was set for August 24, 2013 at 9:00 am.  The center line of the roadway, the lots and wetlands will be flagged.

Attorney Jill Mann requested a continuance to the September 11, 2013 meeting.

Acting Clerk Beverly Popielski read the legal notice and confirmed that the abutters had been notified.

MOTION: Made by Dave Leary to continue the ZBA recommendation and definitive hearing for 64 East Street to the September 11, 2013 meeting at 7:00 pm.  Motion seconded by John Knott.  Vote 4-0 in favor.

ZBA Recommendation-181 South Main Street, Map 29, Lot 9-Site Plan Modification & Special Permit Amendment-Middleton South Main Street, LLC
Attorney Jill Mann presented the revised site plan.  The plan originally approved by the Board of Appeals was for a 2 ½ story 6,000 sq ft building.  The property owner found that a building of that size was not going to be economically viable and is seeking approval for a smaller single-story building with a mezzanine for storage to accommodate two tenants.  The footprint of the building will be slightly bigger and the parking will be reduced by three spaces.

MOTION: Made by Beverly Popielski to give a favorable recommendation for the requested site plan modification and special permit amendment.  Motion seconded by David Leary.  Vote 4-0 in favor, motion carried.

Woodbrook Estates-Modification of Definitive Subdivision-Replacement of above-ground drainage basin with underground infiltration system-13 Shipley Court, Map 19, Lot 70M-Mark & Christine Melito
Acting Clerk Beverly Popielski read the legal notice and confirmed that the abutters had been notified.

Attorney Mann explained that the applicants purchased the property in June 2012.  Immediately after the purchase they contacted Mr. LaBossiere to see if there was a possibility of changing the drainage from above to underground.  She presented the plan to modify the drainage basin.  The plan was reviewed by the Town’s third party engineer, DK Engineer and DPW Director LaBossiere.

Acting Chairperson Popielski read the review letter from DK Engineering into record.  (Letter on file.)

Mr. Aldenberg stated that he had spoken with Mr. LaBossiere earlier.  He was satisfied with the design change based on the review of DK Engineering.  The Town will maintain the drainage system as it does for all other subdivisions.

MOTION: Made by David Leary to approve the modification to the Woodbrook Subdivision to allow the above-ground drainage basin at 13 Shipley Court to be changed to an underground system as shown on the plans drawn by Williams & Sparages, revised date 8/12/13.  Motion seconded by John Knott.  Vote 4-0 in favor, motion carried.

Definitive Subdivision-Boston Place-Map 24, Lots 52 & 53-Middleton Real Estate Group, LLC
Acting Clerk Beverly Popielski read the legal notice and confirmed that the abutters had been notified.

Attorney Jill Mann appeared on behalf of the applicants.  She explained that comments had not been received from DK Engineering and requested to set a site walk and continue the hearing.

A site walk was set for August 24, 2013 at 8:00 am.

MOTION: Made by David Leary to continue the hearing to September 11, 2013.  Motion seconded by Beverly Popielski.  Vote 4-0 in favor, motion carried.

ZBA Recommendation-107 Forest Street, Map 16, Lot 56–Special Permit-Earth Removal-John Russo
The applicant John Russo was not present.  Tom Schank explained that Mr. Russo is leveling a portion of the property to construct a detached garage.

Building Commissioner Bienvenue stated that the site work has already begun and the owner was unaware that a special permit was required.

The Board gave no recommendation as the applicant was not present at the meeting.

Planning Board Subcommittee Formation-To Review Planning Board Rules & Regulations
Chairperson Aldenberg explained that in a prior discussion it was suggested that the subcommittee be comprised of two Planning Board members so that the meetings would not constitute a quorum of the Planning Board and thus would not need to be posted.  The recommendations of the subcommittee would be drafted and presented to the Planning Board for discussion.

Beverly Popielski volunteered for the subcommittee but noted that she does go away in the winter.

Mr. Aldenberg volunteered to be an alternate member and stated that he would contact Christine Lindberg to see if she would volunteer to be the other member of the subcommittee.

MOTION: Made by Beverly Popielski to adjourn.  Motion seconded by David Leary.  Vote 4-0 in favor, motion carried.  Meeting adjourned at 8:10 pm.