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Planning Board Minutes 10/09/2013
Middleton Planning Board
Middleton, MA
MINUTES OF THE MEETING
October 9, 2013

The Middleton Planning Board met at a regularly scheduled meeting on October 9, 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, Clerk Christine Lindberg, and member John Knott
Others present:
Richard Bienvenue, Building Commissioner, Karen Matsubara, Recording Secretary, and Robert
LaBossiere, DPW Director (arrived late)
Chairperson Robert Aldenberg called the meeting to order at 7:00 PM.

Minutes-09/11/2013

MOTION: Made by Christine Lindberg to accept the September 11, 2013 minutes as written.
Motion seconded by John Knott. Vote 3-0 in favor, motion carried.
ZBA Recommendation-15 Spring Road, Map 19, Lot 91-Variance from side-yard set back
requirement to construct garage addition-Thomas Cassidy, Sr.
Mr. Thomas Cassidy appeared on behalf of the property owners, Mr. & Mrs. Palla. He explained that
they wish to construct an attached two-car garage within the footprint of the existing retaining wall. The
existing garage under the home is hard to maneuver into due to the retaining wall and steep driveway
grade. The garage would be approximately 26’ x 24’.
Mr. Aldenberg questioned the hardship for justification of the variance and commented that the affidavit
from the abutter would have to be notarized prior to submitting it to the Board of Appeals.
Ms. Lindberg stated that there is already a garage under the home and that the setback variance being
requested is significant. She did not feel that a persuasive argument of hardship had been presented.

MOTION: Made by Christine Lindberg against recommendation of the requested variance.
Motion seconded by David Leary. Vote 3-0 in favor, motion carried.
ZBA Recommendation-206 South Main Street, Map 26, Lot 3-Special Permit & Site Plan
Modification-Subdivision of remaining vacant space in existing building-206 South Main Street,
LLC
Attorney Jill Mann appeared on behalf of the applicant. She presented the proposed changes which
include the subdivision of the remaining space into three smaller units. The change does require that
second egresses are provided for each unit; this will be accomplished by adding one at each end of the
front of the building as well as one door on the side. A crushed stone-dust path will be added for access
from the new side door to the front parking area. A new overhang façade will be added to the front of
the building. The free-standing sign will be retained in its current location; the sign was originally
proposed to be moved. The parking table was prepared using the most burdensome use to show
adequate parking for the entire building.

MOTION: Made by John Knott to give a favorable recommendation for the requested special
permit & site plan modification. Motion seconded by Christine Lindberg. Vote 3-0 in favor,
motion carried.
ANR-0 School Street, Map 11, Lot 23-Theodore H. Butler Revocable Trust & PC Development
Realty Trust
Attorney Jill Mann appeared on behalf of the applicants. She presented the ANR plan to subdivide the
subject property into four lots. Each lot in the R-1b Zoning District has over the required 125’ of
frontage and is excess of 40,000 sq ft.
Ms. Lindberg questioned the “Roadway B” shown on the plan.
Attorney Mann explained that the “roadway” was put on the Ogden Lane subdivision plan to provide a
connection to the abutting land. The land was never purchased by that developer and the “roadway” was
never built.

MOTION: Made by Christine Lindberg to approve the ANR plan for 0 School Street, Map 11, Lot
23. Motion seconded by John Knott. Vote 3-0 in favor, motion carried.
ZBA Recommendation-0 School Street, Map 11, Lot 23-Special Permit-Common Drive-Philip &
Joanne Colosi, Trustees, PC Development RealtyTrust
Attorney Jill Mann presented the request for a special permit to have one common driveway to service
two newly formed building lots. The common driveway will have less of an impact over the wetlands.
Because the driveway will be over 500 feet long, the DPW, Police and Fire Departments reviewed the
plan for any safety issues. A request was made to install a fire hydrant in the location shown on the
plan, signage was also requested at the beginning of the driveway and at the split to clearly indicate
which property is which. The driveway is proposed to be 14’ wide until the split, at which point the
remainder to the homes will be 12’ wide. A maintenance and common driveway easement agreement
was provided for the file. The property owners are responsible for the repair and maintenance of the
driveway.
Site Engineer, Chris Sparages reviewed the plan to show the adequate turning radius for emergency
vehicles.

MOTION: Made by John Knott to give a positive recommendation for the requested special
permit for a common driveway to service lots 3 & 4 School Street as shown on the plan. Motion
seconded by Christine Lindberg. Vote 3-0 in favor, motion carried.

ANR-27 & 31 Boston Street, Map 24, Lots 52 & 53-Kerry S. Lynch & Jason M. Theberge and
Middleton Real Estate Group, LLC
Attorney Jill Mann appeared on behalf of the applicants. She presented the ANR plan to subdivide the
lot 2A shown on the plan. Lot 1B will be conveyed to the subdivision and lot 2B will be conveyed from
the subdivision to 27 Boston Street.

MOTION: Made by Christine Lindberg to approve the ANR plan for 27 & 31 Boston Street, Map
24, Lots 52 & 53. Motion seconded by John Knott. Vote 3-0 in favor, motion carried.
Definitive Subdivision-Boston Place-Map 24, Lots 52 & 53-Middleton Real Estate Group, LLC
Attorney Jill Mann appeared on behalf of the applicant. She explained that modifications were made to
the plan as recently as today to accommodate the abutting properties. Those changes included the
installation of forty 6’ tall arborvitae, 40” on center along the lot line and a swale parallel to the lot line,
maintaining a 4’ distance to the lot line. Test results will be provided to show that the rear storm water
management is adequate prior to any construction.
Site Engineer, Chris Sparages gave a more detailed explanation of the subdivision’s storm water
management.
Attorney Mann reviewed the subdivision to create three new buildable lots and the waivers being
requested. A landscaped cul-de-sac island is proposed.
Mr. LaBossiere questioned the angle at which the new roadway meets Boston Street.
Mr. Sparages reviewed the plan showing the existing layout of Boston Street and the new roadway. The
measurements of the 25% rounding provide for the required frontage for the corner lots. The rounding
is provided to allow safe access.
Mr. LaBossiere felt that the right-of-way lines were being manipulated to gain extra frontage.
Mr. Aldenberg commented that this has been done on several subdivisions.
Abutter Maria Paikos of 5 Esteymere Place stated that she was not opposed to the development and
confirmed that an agreement was reached with the developer to provide the line of arborvitae and swale
adjustment for protection of her property. She was concerned about the maintenance of the swale.
Mr. LaBossiere explained that the Town only maintains the roadway storm water drainage area. The
swale in question is not for the roadway drainage.
Mr. Aldenberg stated that the maintenance will have to be included in the deeds of the affected
properties.
Attorney Mann agreed to include the private drainage easement as part of the deeds and note the
easement on the subdivision plan.
Chairperson Aldenberg called for a vote on the waivers.

Waiver #1-Section VIII.B.6.a – All 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 Christine Lindberg to grant the waiver to allow electrical utility easements,
temporary slope easements and drain easements to be less than thirty (30) feet as shown on the
plans. Motion seconded by John Knott. Vote 3-0 in favor, motion carried.
Waiver #2-Section VIII.C.2.i – Drainage pipe(s)…shall have a minimum of three (3) feet cover in paved
or other vehicular roads.

MOTION: Made by Christine Lindberg to grant the waiver 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 3-0 in favor, motion carried.
Waiver #3-Appendix, Page V - Tree Planting Specifications-All street trees shall be planted ten (10) feet
from the back edge of the sidewalk. They shall be planted not more than thirty (30) feet apart along the
way…

MOTION: Made by Christine Lindberg to grant the waiver to allow a minimum of three trees
per lot. Motion seconded by John Knott. Vote 3-0 in favor, motion carried.
Waiver #4-Section VII.A.15.a.-b. – Contents of Definitive Plan: Definitive Plan shall contain the
following information: The profiles of proposed streets indicating the following information. a
horizontal scale of 1”=40’ and a vertical scale of 1”=4’.

MOTION: Made by Christine Lindberg to grant the waiver to allow a 1”=20’ horizontal profile
scale and a 1”=2’ vertical profile scale. Motion seconded by John Knott. Vote 3-0 in favor,
motion carried.
Waiver #5-Section VIII.B.6 – A 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 Christine Lindberg to grant the waiver for no sidewalks, in lieu thereof, the
developer agrees to contribute the cost per linear feet to the sidewalk fund. Motion seconded by
John Knott. Vote 3-0 in favor, motion carried.

MOTION: Made by Christine Lindberg to approve the definitive subdivision plan for Boston
Place. Motion seconded by John Knott. Vote 3-0 in favor, motion carried.
Definitive Subdivision-64 East Street-Map 14, Lots 9 & 9A-Jon & Catherine Maidment
Chairperson Aldenberg stated that a request for continuance had been submitted.

MOTION: Made by Christine Lindberg to continue the definitive subdivision hearing for 64 East
Street to the November 13, 2013 meeting. Motion seconded by John Knott. Vote 3-0 in favor,
motion carried.

ZBA Recommendation-64 East Street, Map 14, Lots 9 & 9A-Special Permit-Common Driveway-
Jon & Catherine Maidment
Chairperson Aldenberg stated that a request for continuance had been submitted.

MOTION: Made by Christine Lindberg to continue the ZBA recommendation for 64 East Street
to the November 13, 2013 meeting. Motion seconded by John Knott. Vote 3-0 in favor, motion
carried.
Release of Refundable Fees-Mitchell Lane-D.O.B. Realty, Inc.
Chairperson Aldenberg questioned why the matter was requested to be continued.
Attorney Mann explained that the street lights are different than what was approved on the subdivision
plan. The developer will be changing to lights that are similar to the ones approved but not identical, as
the approved lights are no longer available.

MOTION: Made by Christine Lindberg to continue the hearing to the November 13, 2013
meeting. Motion seconded by John Knott. Vote 3-0 in favor, motion carried.
ANR-3 Evans Road-Map 15, Lots 35, 36 & 37-Amoroso Cefalo & JeffreyApplestein
The applicants were not present.

MOTION: Made by Christine Lindberg to continue the ANR hearing to the November 13, 2013.
Motion seconded by John Knott. Vote 3-0 in favor, motion carried.
After some discussion a new motion was made.

MOTION: Made by Christine Lindberg to not approve the ANR for 3 Evans Road. Motion
seconded by John Knott. Vote 3-0 in favor. Motion carried.

MOTION: Made by Christine Lindberg to adjourn. Motion seconded by John Knott. Vote 3-0 in
favor; meeting adjourned at 8:11 pm.