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Zoning Board of Appeals Minutes 09/26/2013
Zoning Board of Appeals
Middleton, MA
MINUTES OF THE MEETING
September 26, 2013

The Middleton Zoning Board of Appeals met at a regularly scheduled meeting on September 26, 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, Acting Clerk Craig Hartwell, and members James Fox, Richard Nazzaro
and Anne LeBlanc-Snyder.
Others present:
Richard Bienvenue, Building Commissioner and Karen Matsubara, Recording Secretary
Chairperson Barbara Piselli called the meeting to order at 7:03 p.m. Chairperson Piselli announced the
order of the agenda.

64 East Street, Map 14, Lots 9 & 9A-Jon Maidment, Catherine Maidment individually and co-
Trustee of and Eleanor L. Champlain co-Trustee of Elle M. Dunn Revocable Trust-Special Permit
pursuant Section 6.3.6 o authorize the installation and use of a common driveway to access two (2)
lots located within a new residential subdivision. Application #961
Chairperson Piselli announced that a request for continuance of the petition to the next ZBA meeting
had been sent by Attorney Mann (letter on file.)

MOTION: Made by Craig Hartwell to continue the hearing to the next ZBA meeting scheduled
for October 24, 2013. Motion seconded by James Fox. Vote 5-0 in favor, motion carried.
Rundlett Way (Off South Main Street), Map 33, Lot 33-Richardson Green, Inc.-Special Permit in
accordance with Table of Use Regulations, C. 20. to operate a temporary contracting or
landscaping business and equipment storage yard. Application #964
Acting Clerk Craig Hartwell read the legal notice and confirmed that the abutters had been notified.
Paul Richardson presented the petition. He explained that the subject property is located behind the
Pepperidge Farms store off South Main Street. The town of North Reading is building a new school and
is seeking to store approximately 10,000 yards of loam from their site at the Rundlett Way property for
about a year and a half. The materials will be hydro-seeded to prevent erosion. The hauling trucks will
travel Rte 62 to 114 to Rundlett Way.
Acting Clerk Hartwell read a letter of recommendation from the Planning Board dated 9/12/13 and a
letter from Attorney Houten on behalf of the abutting property stating no objection to the proposed use
(letters on file.)

Mr. Fox questioned the hours of operation and Ms. Piselli asked when the project was set to begin.
Mr. Richardson explained that the hours of operation would be normal business hours Monday through
Friday. He was unsure of the start date and suggested the end date of the special permit be set for two
years from now.

MOTION: Made by Craig Hartwell that the Board make the following finding: the proposed use
of the property at Rundlett Way as a temporary contractor or landscaper yard would serve a
community need by allowing our sister community to better utilize their space as they try to
improve their natural infrastructure. The traffic and pedestrian flow and safety, including
parking and loading, will not be impacted by the use of the property as a storage facility for loam.
The utilities and public services will not be adversely affected. The neighborhood character,
specifically its proximity to Route 114 and the nature of Rundlett Way, being less traveled, will not
be negatively impacted by the use The impact on the natural environment will be negligible,
provided the loam material is fenced with a silt fence and hydro-seeded as provided in the
application. There will be no potentially detrimental economic or fiscal effects on Town services.
Motion seconded by James Fox. Vote: 5-0 in favor, motion carried.

MOTION: Made by Craig Hartwell that based on the findings, the Board grant a Special Permit
in accordance with Section 9.4 through 9.4.8 of the Middleton Zoning Bylaws and pursuant to the
Table of Use Regulations, Use C.20-Contracting or Landscaping Business and Equipment Storage
Yard for a temporary contractor’s yard with the following conditions: 1. Loam to be hydro-seeded
and surrounded by a silt fence. 2. Route for trucking will be limited to Rundlett Way, Route 114
and Route 62 and specifically excludes River Street. 3. Hours of operation to be 6:30 am to 6:30
pm Monday through Friday. 4. Special Permit will expire on October 1, 2015. Motion seconded
by James Fox. Vote: 5-0 in favor, motion carried.
49 South Main Street, Map 25, Lot 65-Angelica’s Restaurant-two Special Permits to replace the
existing nonconforming sign in accordance with Section 5.2.7.2, and to add an electronic message
board in accordance with Section 5.2.9.9. Application #963
Acting Clerk Craig Hartwell read the legal notice and confirmed that the abutters had been notified.
Chris Kourkoulis presented the petition to replace the existing sign. Angelica’s has been open in Town
for twenty-two years. The current sign is becoming an eyesore and in need of replacement. In addition,
he requested an electronic message board to keep up with competition. Mr. Kourkoulis reviewed the
plans for the new sign.
Fred Pinault from Barlo Signs explained the value of the electronic sign for the business.
Acting Clerk Hartwell read a letter of recommendation from the Planning Board dated 9/12/13 (letter on
file.)
Mr. Fox stated that he understood the need for the sign but was concerned about the aesthetic impact on
the Town.

Ms. LeBlanc-Snyder asked if the white background was also going to be illuminated as she was
concerned about the aesthetic as well.
After some discussion, Mr. Kourkoulis agreed that only the script of the sign would be illuminated.

MOTION: Made by Richard Nazzaro that the Board find that the premises, specifically its
location at the intersection of Routes 114 and 62, is an appropriate location for the proposed sign
and that the conditions affecting the premises are different from other similarly situated
properties located in the district and requires special relief. (Findings interrupted.)
Mr. Kourkoulis explained to the Board why he felt the requested special permit is warranted at the
request of Chairperson Piselli.
(Continuation of findings.)
The premises provides a venue, offers special deals and helps with fundraising for local charities
and non-profit organizations, including the weekly seasonal farmers market which is held in the
parking lot of the restaurant. The sign will not adversely affect or be incongruous with the
neighborhood or surrounding zoning district in which it is to be located, as illustrated by the
electronic message board signs of the other two restaurant facilities and the Town sign approved
for the library property, all located on Route 114. All signs will be maintained in a safe manner
and in a manner in accordance with all the provisions of the regulations, including the restriction
on animation. Motion seconded by James Fox. Vote: 5-0 in favor, motion carried.

MOTION: Made by Barbara Piselli that based on the findings the Board grant the requested
special permit for an electronic message board sign, subject to the following conditions: the
electronic message board sign contains static messages that may change at 30 second intervals,
both sides of the sign will contain the same message and change at the same time; there is to be no
animation on the electronic message board sign; and the top sign will have only the script
internally illuminated. Motion seconded by Craig Hartwell. Vote: 5-0 in favor, motion carried.

MOTION: Made by Craig Hartwell that the Board finds that the proposed change to the preexisting
non-conforming sign will be less detrimental to the community due to the improved
appearance of the sign and the limitation on the total square footage of the proposed replacement
sign; the old sign was 134 sq. ft., the new sign will be 107.4 sq. ft.; the proposed removal and
replacement of the sign in the same footprint, will not have a detrimental impact on vehicular or
pedestrian traffic or safety as a result of the sign and will not have any impact on public utilities or
services; the sign will enhance the neighborhood character by providing a more aesthetically
pleasing and functional sign; will have no impact on the natural environment and will have a
positive economic impact for the Town by improving the business and increasing tax revenue and
employment opportunities for local residents. Motion seconded by Barbara Piselli. Vote: 5-0 in
favor, motion carried.

MOTION: Made by Craig Hartwell that based on the findings the Board grant the requested
Special Permit under section 5.2.3 to remove the existing non-conforming sign and replace the sign
as outlined in the Barlo Sign Packet “Angelica’s 121110446 co3-27, B-12-11-10446” Sheets 1.0-1.3,
dated March 27, 2013. Motion seconded by James Fox. Vote: 5-0 in favor, motion carried.

MOTION: Made by Barbara Piselli to amend the Special Permit to include sign hours of
operation; the sign will be shut off from 1:30 am to 7:30 am. Motion seconded by Craig Hartwell.
Vote: 5-0 in favor, motion carried.

325 North Main St, Unit #C, Map 9, Lot 28-Ronald J. Drouin, Jr.-Special Permit in accordance
with Table of Use Regulations, C. 11. to operate an auto detail shop and Site Plan Modification to
accommodate six additional parking spaces. Application #965
Acting Clerk Craig Hartwell read the legal notice and confirmed that the abutters had been notified.
Ronald Drouin presented his petition to relocate his existing auto detail business from Peabody to the
subject property for better exposure and a larger space.
Acting Clerk Hartwell read a letter or recommendation from the Planning Board dated 9/12/13 (letter on
file.)
In response to a question about the business space from Mr. Nazzaro, Mr. Drouin explained that there
are two bays with a small office upstairs.
Mr. Bienvenue stated that the space is equipped with interior drains and that steam cleaning of engines is
able to done inside the building but is prohibited outside. The septic system is separate from the holding
tank for the interior drainage.
Mr. Drouin explained that his company does not steam clean engines; however, because of the drainage,
the facility is set up to be able to do so within the building. He confirmed that only auto detailing will
be done at the facility; there will be no mechanical repairs or oil changes. The current customer base is
approximately 3,500 and is mostly done through pickup and delivery of the vehicles. Sometimes the
vehicles are kept overnight. There are 2-3 employees that clean the vehicles and 2 sales/office
employees. In the garage there could be up to 15 cars stored at one time.

MOTION: Made by Barbara Piselli that the Board make the following findings: the use of the
property at 325 North Main Street, Unit C as a motor vehicle general repair facility pursuant to
Section 9.4 through 9.4.8 of the Middleton Zoning Bylaw; specifically to run an auto detailing
shop and to not allow for any mechanical repairs on the premises would be a positive impact on
the community by bringing a very successful business into the community with the possibility of
additional services and employment; based on the nature of the facility, specifically the fact that
the applicant picks up and drops off the majority of the vehicles, there will not be a negative effect
on the traffic or pedestrian flow and safety, the additional six parking spaces, while not necessary,
will enhance the parking and loading at the facility; the utilities and other public services are
adequate, specifically the facility’s on-hand for waste water collection and storage; the business is
consonant with the character of the neighborhood, as it is in a small industrial park; there will be
limited impact on the natural environment as the facility’s activities will be self-contained; the
potential for a positive economic and fiscal impact on the Town with the use of a vacant space and
the addition of a positive viable business entity will be beneficial to the Town and not negatively
impact Town Services. Motion seconded by Craig Hartwell. Vote: 5-0 in favor, motion carried.

MOTION: Made by Craig Hartwell that based on the findings, the Board grant a Special Permit
in accordance with Section 9.4 through 9.4.8 of the Middleton Zoning Bylaws and pursuant to the
Table of Use Regulations, Use C.11-Motor Vehicle General or Body Repair to run an Auto
Detailing Shop on the condition that there are no motor vehicle repairs or other mechanical
maintenance, including oil changes done on the premises. Motion seconded by Barbara Piselli.
Vote: 5-0 in favor, motion carried.

MOTION: Made by Craig Hartwell that the Board grant the modification to the site plan as per
the plan “Site Development Permit Plan, 329 North Main Street, Middleton, MA, existing
conditions plan” prepared by Eastern Land Survey Associates, Inc., Christopher R. Mello, P.L.S.,
104 Lowell Street, Peabody, MA 01960, originally dated February 4, 2009 with the revision to
include the six (6) additional parking spaces dated September 9, 2013. Motion seconded by
Barbara Piselli. Vote: 5-0 in favor, motion carried.

Minutes-May 23, 2013, May 30, 2013 & June 27, 2013
Chairperson Piselli announced that the approval of the minutes would be continued to the next hearing.

MOTION: Made by Craig Hartwell to adjourn. Motion seconded by Richard Nazzaro. Meeting
adjourned at 8:22 pm