Skip Navigation
Welcome to Middleton, Massachusetts


This table is used for column layout.


MIDDLETON TV  VIDEO-ON-DEMAND




Online Payment Center
Cannot Pay Online After Due Date
 
Planning Board Minutes 11/13/2013
Middleton Planning Board
Middleton, MA
MINUTES OF THE MEETING
November 13, 2013
The Middleton Planning Board met at a regularly scheduled meeting on November 13, 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, and members David Leary, Beverly Popielski, John Knott and Clerk
Christine Lindberg (arrived late)
Others present:
Karen Matsubara, Recording Secretary and Katrina O’Leary, Planning Coordinator
Chairperson Robert Aldenberg called the meeting to order at 7:00 PM and introduced the Town’s new
Planning Coordinator, Katrina O’Leary.

ANR-3 Evans Road-Map 15, Lots 35, 36 & 37-Amoroso Cefalo & JeffreyApplestein
Amoroso Cefalo & Jeffrey Applestein were both present at the hearing. Mr. Cefalo reviewed the plan to
convey approximately 4,500 sq ft of land from Mr. Applestein’s property to his property.
Mr. Applestein explained that the previous owner of his property had purchased many various properties
in the area and had an easement across the abutter’s property for access to his land. The swapping of
land will clean up the property lines and extinguish the easement.
Mr. Aldenberg pointed out that the ANR plan makes 3 Evans Road, which is currently non-conforming,
into a conforming lot in the R-1b zoning district.

MOTION: Made by Beverly Popielski to approve the ANR plan for 3 Evans Road. Motion
seconded by John Knott. Vote 4-0 in favor, motion carried.
ANR-104 & 106 Forest Street-Map 16, Lots 24 & 26-Barbara Broff & Timothy Brown
Attorney Jill Mann requested a continuance on the ANR hearing to update the plan.

MOTION: Made by Christine Lindberg to continue the ANR hearing for 104 & 106 Forest Street.
Motion seconded by John Knott. Vote 5-0 in favor, motion carried.
ANR 18 Upton Hills Lane & 140 Forest Street-Map 15, Lot 7 & Map 16, Lot 40A-Middleton Real
Estate Group LLC
Chris Sparages reviewed the ANR plan to create one new 40,306 sq ft building lot with 126’ frontage on
Upton Hills Lane by taking land from 18 Upton Hills Lane & 140 Forest Street.
Mr. Aldenberg pointed out that 18 Upton Hills Lane is a nonconforming lot.

Mr. Sparages confirmed that the existing home at 18 Upton Hills is located 17.7’ from the side lot line
and the proposed ANR will not increase the nonconformity.
Mr. Aldenberg stated that the calculation for the distance through the house was not correct.
In response to a comment from Ms. Popielski, Mr. Sparages explained that the lot lines on the plan are
not shown as broken lines because they are currently under separate ownership and need to be shown
this way for the conveyance. Mr. Sparages requested a continuance to redraw the plan.
Mr. Aldenberg suggested that the petition be withdrawn and the Board could vote to waive the filing fee.

MOTION: Made by Christine Lindberg to allow the petitioner to withdraw the ANR without
prejudice and waive the filing fee for the new submittal. Motion seconded by Beverly Popielski.
Vote 5-0 in favor, motion carried.
ZBA Recommendation-206 South Main Street, Map 26, Lot 3-Special Permit-Indoor Recreational
Use for Personal & Semi-Private Fitness Training Facility-BA Fitness LLC & 206 South Main
Street LLC
Attorney Jill Mann appeared on behalf of the petitioners. BA Fitness is a competition training facility
for female body builders. They wish to locate the business in a 3,800 sq ft unit. The class size will be
approximately 12 people per class. Attorney Mann reviewed the location of the unit and the parking on
the plan.

MOTION: Made by Christine Lindberg to give a favorable recommendation for the requested
special permit. Motion seconded by John Knott. Vote 5-0 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. Attorney Mann
explained that they were awaiting additional comments from DK Engineering and anticipated coming
back to the Board in December.

MOTION: Made by David Leary to continue the definitive subdivision hearing for 64 East Street
to the December 11, 2013 meeting. Motion seconded by Christine Lindberg. Vote 5-0 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. She reviewed the plan for a common driveway
to service lots 3 & 4 of the proposed subdivision. A site walk has been conducted with ZBA. Signage
will be provided at the beginning of the driveway as well as at the split to clearly indicate which
driveway serves which home. The driveway will be constructed with a 4” minimum gravel base as
required for the common driveway. The applicant is also seeking to top the driveway with bituminous
concrete. The Conservation Commission would prefer that the driveway not be only gravel because it
could deteriorate into the wetland.

MOTION: Made by Christine Lindberg to give a favorable recommendation for the requested
special permit for a common driveway to service two lots at 64 East Street. Motion seconded by
John Knott.

MOTION: Made by David Leary to amend the motion to allow the driveway to be constructed
with bituminous concrete. Motion seconded by John Knott. Vote on amendment 4-0 in favor,
motion carried. Beverly Popielski abstained.
Vote on original motion to give a favorable recommendation for the common driveway special
permit, 4-1 in favor, motion carried. Beverly Popielski voted against.
Release of Refundable Fees & Bond Reduction-27 East Street Subdivision-Mitchell Lane-D.O.B.
Realty, Inc.
Attorney Jill Mann Appeared on behalf of the applicant. The as-built plan has been reviewed by DPW
Director LaBossiere and he has provided a letter to the Board for release of refundable fees and the bond
reduction. Attorney Mann confirmed that the “street lights” had been changed.

MOTION: Made by David Leary to release the refundable fees $7,120.50 plus any accrued
interest. Motion seconded by Beverly Popielski. Vote 5-0 in favor, motion carried.
Attorney Mann explained that the full bond amount was being requested for release because there is no
intention to ever have the roadway accepted by the Town.
Ms. Lindberg commented that the DPW letter suggested that the contingency amount be held until
acceptance of the roadway.
Attorney Mann was unsure why the contingency would be held because there is no intention to have the
roadway accepted by the Town. The road will be maintained as a private way in perpetuity.

MOTION: Made by Christine Lindberg to reduce the bond by $5,860.00, leaving a balance of
$10,549.00. Motion seconded by Beverly Popielski. Vote 5-0 in favor, motion carried.
Release of Refundable Fees & Bond Reduction-Millbrook Estates Subdivision-Dolan Drive LLC
Attorney Jill Mann requested a continuance to the December meeting so that some items could be
resolved.

MOTION: Made by Christine Lindberg to continue the request to the December 11, 2013 meeting.
Motion seconded by John Knott. Vote 5-0 in favor, motion carried.
Release of Refundable Fees-Natsue Way Industrial Park-Ajootian Way-Riverview Industrial Park
LLC
Attorney Jill Mann explained that the applicant had forgotten about the refundable fees and that it was
discovered during the inquiry into other refundable fees.
Ms. Lindberg stated that a letter was submitted by Mr. LaBossiere indicating that the monuments had
not been installed and suggesting the Board make a determination on releasing the fees.
MOTION: Made by Christine Lindberg to continue the request to the December 11, 2013 meeting.
Motion seconded by Beverly Popielski. Vote 5-0 in favor, motion carried.
Release of Refundable Fees-Lapine Court Subdivision–Rushworth Lane-Nina Lapine

Attorney Mann stated that the applicant was also requesting a continuance to the December meeting.
MOTION: Made by Christine Lindberg to continue the request to the December 11, 2013 meeting.
Motion seconded by Beverly David Leary. Vote 5-0 in favor, motion carried.
Definitive Signing-Boston Place Subdivision-Church Street-Middleton Real Estate Group LLC
Attorney Mann presented the Subdivision mylar plans for the Boards signature. The meeting date is one
day short of the appeal period. The plans will be held at the Planning Board office until the appeal
period has lapsed and will then be delivered to the Town Clerk for her signature.
The Board signed the definitive mylar plans for Boston Place.
Chairperson Aldenberg called for any other business, hearing none he called for a motion to adjourn.

MOTION: Made by David Leary to adjourn. Motion seconded by John Knott. Vote 5-0 in favor;
meeting adjourned at 8:01 pm.