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Zoning Board of Appeals Minutes 07/26/2012
Zoning Board of Appeals
Middleton, MA
July 26, 2012

The Middleton Zoning Board of Appeals met at a regularly scheduled meeting
on July 26, 2012 at the Fuller Meadow School,
143 South Main Street, Middleton, Massachusetts at 7:00 PM.

The following board members were in attendance:
Chairperson, Barbara Piselli, Clerk, Anne Cote, and members Craig Hartwell, James Fox and Robert Aldenberg

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

Chairperson, Barbara Piselli called the meeting to order at 7:05 p.m.

49 Village Road, Map 21, Lot 15-Ferncroft Townhouse Development LLC-Request for Modification of Age Restriction Condition
Clerk Anne Cote read the legal notice and confirmed that the abutters had been notified.

The developer of the project, Dana Lopez gave a brief history of the project.  The development was originally brought before the Board by the Flatley Company and approved in 2006 for ten units, eight of which are in Middleton with the condition that the units be 55 and over age restricted.  No bonus units were given as part of that approval.  In November of 2009 the Board granted removal of the restriction on one of the Middleton units.  The last sale occurred in 2010.  There are seven units still for sale, one is complete and the remaining six are in various stages of construction.  A market study of the surrounding towns shows that there have been sixty sales of 55+ units in other developments since 2010.   Mr. Lopez suggested that the other developments offer amenities not found at his development, such as walking trails, pools and club houses.

Clerk Anne Cote read the following correspondence:
A recommendation in favor of the petition from the Planning Board dated July 12, 2012 and a letter from abutter Frank Hinchy in opposition of the petition date July 20, 2012 (letters on file.)

In response to a question from Mr. Aldenberg, Mr. Lopez explained that the units are all three-bedroom units and are currently priced at $589,000.  The prices have been reduced several times over the last few years from a high of $729,000.

Mr. Aldenberg commented that other 55+ developments in Town are also having trouble selling, especially middle units.  He expressed concern that if the Board allows the lifting of the age restriction for this development it will have to allow it for the others as well which may bring many more children to the Town and over burden the schools.

Mr. Lopez stated that when the original petition had come before the Board the project was not proposed as  55+ restricted development, the age restriction was a condition of the approval imposed by the Board and the developer waived his rights to bonus units.  Mr. Lopez did not feel that the area was attractive for families with young children.  In response to a question from Ms. Piselli, Mr. Lopez stated that all of the current owners are in favor of the removal of the age restriction, as they would all like to see the project completed.

Ms. Piselli commented that in the letter from Mr. Hinchy claims were made that the units are not being marketed as 55+.

Mr. Lopez stated that all of the literature he has does state that the development is 55+.

After some additional discussion with the Board, Chairperson Piselli asked the petitioner for a notarized statement from the current owners that they are in favor of the requested change to the age restriction, a copy of the marketing study relative to the sales of 55+ units in the area and marketing materials of the units to dispute Mr. Hichey’s claims that the units are not being marketed properly, as well as any other information that would assist the Board in distinguishing this development from others in Town.

MOTION: Made by Anne Cote to continue the hearing to the next ZBA meeting on August 23, 2012.  Motion seconded by Craig Hartwell.  Vote 5-0 in favor, motion carried.

Chairperson Piselli called a recess at 7:37 pm; back on record at 7:40 pm.

323 North Main Street, Map 9, Lot 29-Richard D’Angelo-Determination of Modification to previously approved Site Plan
Richard D’Angelo presented his plan to modify the previously approved site plan.  The modifications include replacing the asphalt curbing with split-faced block pavers, and extend the pavers in the parking lot to enhance the delineation of the queue line.  In addition the store will be updated a couple years in advance of the renovation requirement of Dunkin Donuts.  The requested changes are mostly aesthetic.

MOTION: Made by Craig Hartwell that the requested modifications to the previously approved site plan are minor in nature and do not require a public hearing by the Board.  Motion seconded by Robert Aldenberg.  Vote 5-0 in favor, motion carried.

Minutes-June 28, 2012

MOTION: Made by Craig Hartwell to approve the minutes of June 28, 2012 as written.  Motion seconded by Robert Aldenberg.  Vote 5-0 in favor, motion carried.

Craig Hartwell motioned to adjourn, meeting adjourned at 7:50 p.m.