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Zoning Board of Appeals Minutes 05/30/2013
Zoning Board of Appeals
Middleton, MA
MINUTES OF THE MEETING
May 30, 2013

The Middleton Zoning Board of Appeals met at a specially scheduled meeting on May 30, 2013 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, Jeff Garber, Robert Aldenberg and James Fox
Others present:
Richard Bienvenue, Building Commissioner and Karen Matsubara, Recording Secretary
Chairperson Barbara Piselli called the meeting to order at 7:07 p.m.

244 Maple Street, Map 19, Lot 147-Torre Street Realty LLC-Site Plan Approval-Development and
use of the property for an early childcare facility. Application #955 (continued from 4/25/13 &
5/9/13)
Chairperson Piselli announced that James Fox would be the alternate voting member for the petition. A
site walk was conducted on 5/19/2013.
Clerk Anne Cote read correspondence dated 5/30/2013 from DPW Superintendent LaBossiere (letter on
file.)
Attorney Jill Mann presented the updated plan to the Board. A meeting with the abutters was held on
May 16, 2013. A swale was added to the right side of the property and six parking spaces were
removed. The buffer has been increased to at least 10 feet. The back swale was extended to direct water
away from the East Street properties into the storm water management to be dispersed underground.
The petitioner will go with the alternate exterior fibercement clapboard siding with a brick front. The
applicants agree to have the dumpsters and septic system emptied during more reasonable times. The
condensers are located on the roof of the building and are at least 200’ from the closest residence; the
back will be closed off to block sound from migrating to the abutters.
Cheryl Dyment of 9 Gregory Street reiterated her concerns over the traffic and her concern that if the
daycare fails another type of business would be able to locate at the property and no one would convert
the property back to a residential use.
Helen Gage of 13 East Street stated that the proposed changes to alleviate the problems with water on
her property won’t work. She asked where the septic system was being located. She also commented
that it was her opinion that the Town would take over the property for their own use in the future.
Site Engineer Chris Sparages gave a detailed explanation of the changes made in the storm water
management.

Mr. Aldenberg commented that there is information missing from the plan, such as lot coverage and
open space; also references to the property as a “school” were supposed to have been eliminated from
the plan.
Mr. Sparages left the meeting to retrieve the plan that was updated to include the zoning information.
Attorney Mann replied that the name of the entity is the Goddard School, the facility is a pre-school.
There is nothing that can be done about the name. The plans indicate that it is an early childcare facility,
all references to “school” with the exception to the sign, have been eliminated.
In response to a question from Ms. Cote about the size of the signs, Mr. Bienvenue and Attorney Mann
confirmed that the size of the signs conformed to the regulations.
At the request of Ms. Piselli, Attorney Mann reviewed the abutters concerns with regard to the emptying
of the dumpster and septic pumping. It was agreed that those activities would be done during normal
business hours
Chairperson Piselli stated for the record that the development of the property as an early child care
facility is allowed by right pursuant to M.G.L.A. 40A, §3 but noted that the Board was able to impose
reasonable conditions to ensure minimal impact on abutters.

MOTION: Made by Craig Hartwell to grant the Petitioner’s request for Site Plan Approval under
Section 9.5 of the Bylaw subject to the following conditions: (1) hours of operation for the Facility
are limited to Monday through Friday from 7:00 a.m. until 6:00 p.m.; and (2) dumpster pick up
and septic pumping are limited to Monday through Friday 9:00 a.m. until 5:00 p.m. Motion
seconded by Jeffrey Garber. Chairperson Piselli asked for any further discussion, hearing none
she called for a vote.
VOTE: The Board voted 4-1 voted in favor, motion carried. Mr. Aldenberg voted against the
motion.

Minutes-April 2, 2013
Craig Hartwell motioned to approve the minutes with the following amendment: Amend the second line
of the first sentence by removing “less” and “are” and replace with “fewer” so that it reads “…soil
conditions of the lot make fewer legal uses available…”

MOTION: Made by Craig Hartwell to approve the minutes as amended. Motion seconded by Jeff
Garber. Vote 5-0 in favor, motion carried.

Minutes-April 25, 2013
Craig Hartwell motioned to approve the minutes with the following amendment: In the motion for 122-
130 South Main Street insert “Board make a finding that the” after “MOTION: Made by Craig Hartwell
that the”

MOTION: Made by Craig Hartwell to approve the minutes as amended. Motion seconded by Jeff
Garber. Vote 5-0 in favor, motion carried.
Minutes-May 9, 2013

MOTION: Made by Craig Hartwell to approve the minutes as written. Motion seconded by Jeff
Garber. Vote 5-0 in favor, motion carried.

MOTION: Made by Craig Hartwell to adjourn. Motion seconded by Robert Aldenberg. Meeting
adjourned at 7:49 pm.