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Zoning Board of Appeals Minutes 08/22/2013
Zoning Board of Appeals
Middleton, MA
MINUTES OF THE MEETING
August 22, 2013

The Middleton Zoning Board of Appeals met at a regularly scheduled meeting on August 22, 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 Nicholas Yebba, Craig Hartwell, Richard
Nazzaro and Anne LeBlanc-Snyder. Member James Fox arrived at 7:33 pm.
Others present:
Richard Bienvenue, Building Commissioner and Karen Matsubara, Recording Secretary
Chairperson Barbara Piselli called the meeting to order at 7:11 p.m. and welcomed two new alternate
Board members, Richard Nazzaro and Anne LeBlanc-Snyder. The new members will not be
participating in the vote as the Board was unaware that they had been sworn in and they were not
provided the materials to review for the meeting. Chairperson Piselli announced the order of the agenda.

107 Forest Street-Special Permit-Earth Removal-John Russo
Clerk Anne Cote read the legal notice and confirmed that the abutters had been notified.
John Russo owner of 107 Forest Street explained to the Board that he was unaware that a special permit
was required for removal of earth from his property. He was notified by the Building Commissioner to
cease removal and advised to file for a special permit. The excess materials were a result of site work to
remove a hill on the property for the future construction of a garage. All the excess material has already
been removed from the property, some of which was transported to North Andover.
Excavator Dan Gill of Earthworks explained that the majority of the excess materials were distributed to
projects in Town, with only a small amount leaving Town. He stated that he was also unaware that a
special permit was required for the removal from Town.
Clerk Anne Cote read a letter from the Planning Board dated August 15, 2013 (letter on file.)
Vicki MacLean of 100 Forest Street stated that she lives across the street and plans to put her house on
the market. She expressed concerns that the construction at 107 Forest Street may interfere with the sale
of her home.
Chairperson Piselli advised that the hearing was for earth removal only.
Anne Cote questioned how much more material was going to be removed.
Mr. Russo replied that all the material had already been removed.
After some additional discussion between the petitioner and the Board the petitioner requested to
withdraw his petition.

MOTION: Made by Craig Hartwell to allow the petitioner to withdraw without prejudice.
Motion seconded by Nicholas Yebba. Vote 4-0 in favor, motion carried.
15 & 21 Lake Street-Special Permit-Earth Removal-William Smith

Clerk Anne Cote read the legal notice and confirmed that the abutters had been notified.
William Smith, owner of the property, stated that he was also unaware that a special permit was required
for earth removal. He explained that he is requesting a special permit in anticipation that it may be
necessary to remove excess materials resulting from the development of three new homes.
Clerk Anne Cote read a letter from the Planning Board dated August 15, 2013 (letter on file.)

MOTION: Made by Craig Hartwell to grant the requested special permit. The hours for removal
will be restricted to 7 am to 4 pm Monday through Friday. Materials will be transported off site
via Lake Street to Rte 114 in the direction the fire station. Motion seconded by Nicholas Yebba.
Vote 4-0 in favor, motion carried

181 South Main Street-Site Plan Modification and Special Permit Amendment-Middleton South
Main Street LLC
Chairperson Piselli appointed Anne LeBlanc-Snyder as an alternate voting member for the petition in
the event that the hearing was continued.
Clerk Anne Cote read the legal notice and confirmed that the abutters had been notified.
Attorney Jill Mann appeared on behalf of the applicant. She explained that the applicant, who will be
one of the owner/occupants of the building, determined that the project was not going to be
economically feasible because of the size of the building. A new design for a 3,000 sq ft single story
building is being proposed for two tenants. The footprint of the building does increase slightly but the
reduction of building size allows for elimination of three parking spaces and a slight relocation of the
driveway. The new plan was presented to the ICDRC and the Planning Board. Landscaping and
lighting plans remain the same.
Paul Richardson of the ICDRC confirmed that the ICDRC was in favor of the plan.
Clerk Anne Cote read correspondence from the ICDRC dated 8/14/13 and the Planning Board dated
8/15/13 (letters on file.)
In response to questions from Mr. Fox about the problems with the neighbor and the rear gate, Attorney
Mann explained that the agreement made with the abutter for fencing and screening remains in effect
and the rear gate will be locked as with the original petition. The access and egress of the property is on
Rte 114.
After a discussion between the Board and Attorney Mann relative to the original approval and the
requirement of a Special Permit under section 4.2.5, Chair Piselli called for a motion.

MOTION: Made by Craig Hartwell that the Board confirm the findings of its original approvals
dated 10/27/2011 per applications #922 & #924 and to issue a determination that the modifications
comply with the site plan requirements of Section 9.5 including but not limited to dimensional
(other than the minimum area requirement), density, and parking requirements; that access to,
parking for, and the circulation of vehicular or pedestrian traffic within the property continues to
be adequate and safe. Motion seconded by Nicholas Yebba. Vote 5-0 in favor, motion carried.

MOTION: Made by Craig Hartwell that based on the findings, pursuant to Section 9.4 of the
Bylaw, the Board modify the special permit issued under the original approvals dated 10/27/2011,
and modified 3/22/2012, to permit the modifications and to include zoning relief under Section
4.2.5 of the Bylaws, which provision permits the Board to exempt the property from the minimum
area requirement for lots within the Business District. Motion seconded by Nicholas Yebba. Vote
5-0 in favor, motion carried.

MOTION: Made by Craig Hartwell that the Board approve the modifications to the original
approvals and to accept the Site Plans and Elevations dated 7/29/2013 under Section 9.5 of the
Bylaws, subject to the condition that the two (2) wall signs being proposed for the front elevation
of the building be a uniform design, color and size. Motion seconded by Nicholas Yebba. Vote 5-0
in favor, motion carried.

64 East Street-Special Permit-Common Driveway-Jon Maidment, Catherine Maidment and
Eleanor Champlain-co-trustees of Elle M. Dunn Revocable Trust
Chairperson Piselli questioned the petition going forward where the subdivision of the subject property
has not yet been approved.
Attorney Mann, on behalf of the applicants, explained that she wanted to open the hearing to discuss
comments received from the Conservation Commission and set a site walk with the Board if necessary.
Clerk Anne Cote read the legal notice and confirmed that the abutters had been notified. Ms. Cote read
correspondence from the Planning Board dated 8/15/13 (letter on file.)
Chairperson Piselli appointed Mr. Nazzaro as the alternate voting member for the petition.
Attorney Mann presented the request for the common driveway. She explained the common drive
would reduce the impervious surface in a conservation sensitive area. The Conservation Commission
suggested changing the driveway to service three of the lots which would then require a variance.
Mr. Fox asked that the letter from Conservation be presented to the Board prior to any decisions.
A site walk was set for September 15, 2013 at 10:00 am.

MOTION: Made by Craig Hartwell to continue the hearing to the next ZBA meeting scheduled
for September 26, 2013. Motion seconded by Nicholas Yebba. Vote 5-0 in favor, motion carried.

149 South Main Street-Request for Determination of Minor Modification-Teresa’s Restaurant
James Fox is recused because he is an abutter.
Chairperson Piselli stated that only three members were available to vote.
Mr. Yebba agreed to go forward with his request. He reviewed the plan to add a temporary refrigeration
unit outside at the rear of one of the building units for the storage of bakery products. The refrigeration
unit would eventually be moved inside to an adjoining building space after the current tenant’s lease
expires in approximately five years. The noise levels would be unchanged from an indoor or outdoor
refrigeration unit as with the indoor unit, the condenser is placed outside on the roof. The refrigeration
unit would be a 10’ x 20’ box with a concrete base. The property directly behind the building unit is
also commercial.
Ms. Piselli expressed concern over the other building tenants of the subject property wanting to put
storage units at the rear of their spaces.
Mr. Yebba stated that he owns the building and the leases stipulate that the tenants are not able to
expand beyond their unit footprint. Mr. Yebba added that the requested 200 sq ft structure constitutes a
small percentage of the overall area of the 40,000 sq ft building located on a five acre parcel. The
request is temporary; the adjoining tenant could relocate sooner than the anticipated five years.

MOTION: Made by Anne Cote that the Board make the determination that the requested site
plan modification is minor and exempt from the requirements of Section 9.5.3 of the bylaw and
thus does not require a public hearing. Motion seconded by Barbara Piselli. Vote 2-1 in favor,
motion did not carry. Craig Hartwell voted against.

Minutes-May 23, 2013, May 30, 2013 & June 27, 2013
Chairperson Piselli stated that the review and acceptance of the minutes would be continued to the next
hearing.

MOTION: Made by Craig Hartwell to adjourn. Motion seconded by Barbara Piselli. Meeting
adjourned at 8:45 pm