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Planning Board Minutes 01/08/2014

 Middleton Planning Board
Middleton, MA
MINUTES OF THE MEETING
January 8, 2014
The Middleton Planning Board met at a regularly scheduled meeting
on January 8, 2014 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 (arrived late) and members David Leary, and Beverly Popielski

Others present:
Robert LaBossiere, DPW Director, Richard Bienvenue, Building Commissioner, Karen Matsubara, Recording Secretary and Katrina O’Leary, Planning Coordinator
Chairperson Robert Aldenberg called the meeting to order at 7:02 PM

December 11, 2013

MOTION: Made by David Leary to accept the minutes of December 11, 2013 as written. Motion seconded by Beverly Popielski. Vote 3-0 in favor, motion carried.
Release of Refundable Fees & Bond Reduction-Millbrook Estates Subdivision-Dolan Drive-Dolan Drive, LLC.
DPW Director LaBossiere stated that they were not ready for a bond reduction and that counsel for the petitioner was aware of that.

MOTION: Made Beverly Popielski to continue the hearing for a bond reduction and release of refundable fees to the February 12, 2014 meeting. Motion seconded by David Leary. Vote 3-0 in favor, motion carried.

Other Business-
Review of Policy for Street Acceptance-
Planning Coordinator Katrina O’Leary distributed the latest draft of the Policy to the Board members and explained that the policy outlines the summary of the process and timeline for submittal of documents.
Mr. Aldenberg suggested that the Board support the proposed policy and that if any fine-tuning is needed it can be done prior to Town Meeting.
Beverly Popielski questioned paragraph #3 which references acceptance of private ways as public ways. She suggested that it was misleading because there are roads in Town that will never be accepted as public ways.  

Ms. O’Leary recommended changing the wording.
Mr. Aldenberg suggested that the Selectmen could make changes if they felt it was necessary, as it is their policy.
Ms. Popielski questioned the fee schedule.
Ms. O’Leary explained that the costs were estimated for the Town to record all documents included with acceptance of the roadway(s) with the Registry of Deeds.

MOTION: Made by David Leary that the Planning Board support the proposal. Motion seconded by Christine Lindberg. Vote 4-0 in favor, motion carried.
Definitive Subdivision-64 East Street-Map 14, Lots 9 & 9A-Jon & Catherine Maidment
(Continued from 8/14/13 through 12/11/13-Site Walk conducted 8/24/13)
Attorney Jill Mann appeared on behalf of the applicants. Site Engineer Peter Blaisdell and petitioner Jon Maidment were also present. She reviewed the petition for a four (4) lot definitive subdivision and explained that they were still awaiting a superseding order of conditions from DEP.
Jess Phelps of Historical New England pointed out the location on the plan and gave a brief history of the Peabody Family Burying Ground which abuts the proposed development and requested a buffer to shelter and protect the stone wall surrounding the cemetery.
Attorney Mann confirmed that a 10’ no-cut buffer had been agreed to and has been noted on the plans. She suggested that iron rods could be placed to designate the buffer.
Mr. Aldenberg asked if the petitioner was seeking a continuance as DEP has not given their approval yet.
Attorney Mann stated that there was nothing to prevent the Board from voting, the only thing in question was placement of one home within the riverfront.
Beverly Popielski made a motion to continue the hearing until approval was received from DEP. There was no second to the motion.
Christine Lindberg questioned if a conservation easement had been given along the riverfront.
Attorney Mann replied that an easement along the riverfront was not granted.
Katrina O’Leary stated that she had had a conversation with Roger Talbot from the Conservation Commission earlier in the day and was under the impression that the easement was very important to the Commission.
Attorney Mann explained that they were unable to come to an agreement on the easement with Conservation.  

Ms. Lindberg suggested that the other new developments along the river had given a conservation easement and it would be in the best interest of what the Town is trying to do if this developer did the same.
Attorney Mann stated that the other developments were given concessions for that easement and this developer is not willing to give an easement because they were not able to get any concessions.
Chairperson Aldenberg closed the hearing to comments and called for a vote on the waivers:

MOTION: Made by Christine Lindberg to grant a waiver to Section VIII.B.1.e to allow cul-de-sac street length to be five hundred fifty-six and eleven hundredths (556.11) feet in length. Motion seconded by David Leary. Vote 4-0 in favor, motion carried.

MOTION: Made by Christine Lindberg to grant a waiver to Section VIII.B.6.a to allow electrical utility and temporary slope easements to be less than thirty (30) feet as shown on the plans. Motion seconded by David Leary. Vote 4-0 in favor, motion carried.

MOTION: Made by Christine Lindberg to grant a waiver to Section VIII.C.2.i to allow cover to be reduced as shown on plans with the use of high density polyethylene (HDPE) pipe. Motion seconded by David Leary. Vote 4-0 in favor, motion carried.

MOTION: Made by Christine Lindberg to grant a waiver to Appendix, Page V - Tree Planting Specifications, to allow a minimum of three trees per lot. Motion seconded by Beverly Popielski. Vote 4-0 in favor, motion carried.

MOTION: Made by Christine Lindberg to grant a waiver to Section VIII.B.6 to allow no sidewalks, and in lieu thereof, the developer agrees to contribute $10,000 to the sidewalk fund. Motion seconded by David Leary. After some discussion between the Board and the petitioner, the petitioner agreed to the $10,000 contribution. Vote 3-1 in favor, motion carried. Robert Aldenberg voted against.

MOTION: Made Christine Lindberg to grant a waiver to Section VIII.C.2.b. to allow 4.0 c.f.s. Motion seconded by Beverly Popielski. Vote 4-0 in favor, motion carried.

MOTION: Made by Christine Lindberg to grant a waiver to Section VIII.C.2.g. to allow catch basin spacing of three hundred forty-one (341)± feet as shown on the plans. Motion seconded by Beverly Popielski. Vote 4-0 in favor, motion carried.

MOTION: Made by Christine Lindberg to grant a waiver to Section VII.A.1 to not require the action of the Board of Health be placed on the plan. Motion seconded by Beverly Popielski. Vote 4-0 in favor, motion carried.

MOTION: Made by Christine Lindberg to grant a waiver to Section VIII.B.6.b to not require an easement for the Ipswich River. Motion seconded by David Leary. Vote 4-0 in favor, motion carried.

MOTION: Made by Christine Lindberg to approve the definitive subdivision plan for 64 East Street, Assessor’s Map 14, Lots 9 & 9A, dated June 21, 2013 with the most recent revision date
January 2, 2014, prepared by Williams & Sparages with the following condition: Each page of the definitive plan will be updated to include the most recent revision date of January 2, 2014.

Motion seconded by Beverly Popielski. Vote 4-0 in favor, motion carried.
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 Christine Lindberg. Vote 4-0 in favor; meeting adjourned at 8:02 pm.