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Zoning Board of Appeals Minutes 03/22/2012

Zoning Board of Appeals
Middleton, MA
March 22, 2012

The Middleton Zoning Board of Appeals met at a regularly scheduled meeting
on March 22, 2012 at the Fuller Meadow School,
143 South Main Street, Middleton, Massachusetts at 7:00 PM.

The following board members were in attendance:
Chairperson Lynn Murphy, Clerk Anne Cote, and members Barbara Piselli, Craig Hartwell, Nicholas Yebba, James Fox and Jeff Garber

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

Chairperson Lynn Murphy called the meeting to order at 7:00 PM.

37 Maple Street, Map 25, Lot 113-Dana and Pauline Caldwell-Appeal of Building Commissioner’s Decision-Application #928
(Hearing continued from January 26, 2012 and February 23, 2012, Site Walk conducted on January 29, 2012.)

Homeowner Dana Caldwell stated that his representative Attorney John Keilty was not in attendance and requested a continuance.

MOTION: Made by Barbara Piselli to continue the hearing to April 26, 2012.  Motion seconded by Craig Hartwell.  Vote unanimously in favor, motion carried.

323 North Main Street, Map 9, Lot 29-Richard D’Angelo-Special Permit & Site Plan Modification-Application #931

Jeff Garber recused himself from the hearing.

Clerk Ann Cote read the legal notice and confirmed that the abutters had been notified.  A letter of recommendation from the Planning Board dated 03/22/2012 and a letter from the ICDRC dated 03/21/2012 were also read into the record (letters on file.)

Attorney Jill Mann appeared on behalf of the petitioner.  She reviewed the petition for a special permit and site plan modification to allow a drive through window at the existing Dunkin Donuts located at 323 North Main Street.  The original approval for the Dunkin Donuts with convenience store was granted in 2003.  In 2008 the petitioner was before the Board seeking a special permit for a drive through to try to increase business at the location.  At the time the Zoning Bylaws specifically prohibited restaurant drive-throughs.  Since that time an amendment was made to the Bylaws to allow restaurant drive throughs in the Business and Light Industrial Districts by Special Permit through the Board of Appeals.  Attorney Mann reviewed the changes from the original site plan to accommodate the drive through.  Some of the changes included minor landscaping changes, moving of the walkway and crosswalk, and the addition of an island with pavers to separate the drive though lane from the parking area.  The 2008 traffic report concluded that with the number of cars that travel on Rte 114, the change of site plan would have minimal impact on the traffic.  The only entrance for the drive through is via Rockaway Road.  Eleven cars or nine SUVs will be able to queue the drive through lane at one time.

Craig Hartwell requested an updated traffic report to reflect the design changes.

In response to a question about the ICDRC recommendation, Mr. Richardson commented that the Committee was requesting that the island have plantings rather than pavers.

Ms. Cote commented that the parking spaces numbered 8, 9, and 10 looked very dangerous because of the traffic entering and exiting the site.

Attorney Mann stated that those concerns could be addressed in the traffic report.

Ms. Cote requested scheduling of a site walk.

Mr. Richardson reviewed the plan that the ICDRC had approved for the 2008 petition.

James Fox commented that he was in favor of the petition in 2008 and preferred the site plan presented at that time.  He also suggested that a small wall be built to ensure that vehicles exiting the drive through would turn right.

MOTION: Made by Craig Hartwell to schedule a site walk for April 22, 2012 at 9:30 AM.  Motion seconded by James Fox.  Vote unanimously in favor, motion carried.

MOTION: Made by Craig Hartwell to continue the hearing to April 26, 2012.  Motion seconded by Nicholas Yebba.  Vote unanimously in favor, motion carried.

Chair Lynn Murphy left to attend another meeting, Barbara Piselli took over as Acting Chair.

181 South Main Street, Map 29, Lot 9-Michael Supino-Site Plan Modification-Application #922

Clerk Ann Cote read the legal notice and confirmed that the abutters had been notified.

Property owner Michael Supino presented his request for a modification to the previously approved site plan.  The abutter to the property appealed the decision of the Board of Appeals.  An agreement was made with the abutter to make certain changes in order to dismiss the appeal.  The changes being requested include increasing the six-foot arborvitae to ten feet in height and changing the four-foot chain link fence to a six-foot solid vinyl fence.

Ms. Piselli confirmed that the arborvitae were to be planted along the vinyl fence on the abutter’s side of the property and that the abutter was in agreement with the proposed changes.

MOTION: Made by Barbara Piselli to approve the minor modification proposed by the petitioner in an effort to accommodate the rear contingent abutter.  It was further recommended that the petitioner submit an amended full sized site plan to the Building Commissioner as soon as possible to be incorporated into the original decision and attached by reference thereto.  Motion seconded by Nicholas Yebba.  Vote unanimously in favor, motion carried.

Ms. Piselli added that the abutters to the project, including the rear contingent abutter were notified of the hearing and did not appear or submit any correspondence in opposition or support of the modification.

Approval of Minutes-February 23, 2012
MOTION: Made by Jeff Garber to accept the meeting minutes of February 23, 2012 as written.  Motion seconded by James Fox.  Vote unanimously in favor, motion carried.

MOTION: Made by Nicholas Yebba to adjourn at 7:42 PM.