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Zoning Board of Appeals Minutes 10/24/2013
Zoning Board of Appeals
Middleton, MA
MINUTES OF THE MEETING
October 24, 2013

The Middleton Zoning Board of Appeals met at a regularly scheduled meeting on October 24, 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 James Fox, Nicholas Yebba, Craig
Hartwell, Richard Nazzaro and Anne LeBlanc-Snyder.
Others present:
Richard Bienvenue, Building Commissioner, Katrina O’Leary, Planning Coordinator and Karen
Matsubara, Recording Secretary
Chairperson Barbara Piselli called the meeting to order at 7:04 p.m. Chairperson Piselli introduced and
welcomed Katrina O’Leary, the new Planning Coordinator for the Town.

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 confirmed with Attorney Mann that she was requesting a continuance of the petition
to the next ZBA meeting.

MOTION: Made by Anne Cote to continue the hearing to the next ZBA meeting scheduled for
November 21, 2013. Motion seconded by Nicholas Yebba. Vote 5-0 in favor, motion carried.
15 Spring Road Map 18, Lot 97-Thomas J. Cassidy, Sr.-Variance from the side-yard setback
requirement to construct an attached two-car garage within the footprint of the existing retaining
wall. Application #966
Clerk Anne Cote read the legal notice and confirmed that the abutters had been notified.
Chairperson Piselli announced that the voting members would be the five regular Board members.
Petitioner Tom Cassidy appeared on behalf of the owners to present the request for a variance from the
required side-yard setback. The hardships include a tough terrain which would require extensive
excavation to be able to construct a garage on the left side of the home.
Homeowner Maureen Palla stated that the abutter that would be impacted by the granting of the variance
has submitted a letter stating that they have no objection. The retaining wall that would serve as a
foundation for the garage is already in place. Both her parents and in-laws have passed; their belongings
and furniture are being stored in the basement/garage, leaving no garage space for vehicles.
Clerk Anne Cote read a letter from the Planning Board dated 10/21/13 (letter on file.)

In response to a question on the Planning Board’s objection to the petition, Mr. Cassidy explained that
the Planning Board did not feel that there was enough of a hardship to justify the variance.
Ms. Palla confirmed that they currently have a two-car garage under the home which they would use for
storage only and wish to expand within the footprint of the retaining wall to have a two-car garage for
their vehicles. There is wooded hillside on the left of the home which would require extensive
excavation, a foundation and structure, as well as new pavement for the garage. Construction on the left
side of the home is not economically feasible.
The Board members decided that a site walk was warranted and scheduled the site walk for November
17, 2013 at 10:30 am.

MOTION: Made by Craig Hartwell to continue the hearing to the next ZBA meeting scheduled
for November 21, 2013. Motion seconded by James Fox. Vote 5-0 in favor, motion carried.
School Street, Map 11, Lot 23-Philip Colosi & Joanne Colosi, Trustees of PC Development Realty
Trust- Special Permit pursuant to Section 6.3.6 to authorize the installation and use of a common
driveway to access two (2) lots, identified as lots 3 & 4 on the plan “Topographic Plan in
Middleton, MA, School Street (across from #48) dated 9/17/13” Application #967
Clerk Anne Cote read the legal notice and confirmed that the abutters had been notified.
Attorney Jill Mann appeared on behalf of the applicants, Phil & Joanne Colosi who were also present at
the hearing. The project has been endorsed by an ANR plan to create four new building lots at the
subject property. The petition before the Board is to approve the construction and use of a common
driveway to service lots 3 & 4. Chief Twiss had requested the addition of signage for the two lots at the
beginning of the driveway and at the driveway split to clarify which houses are serviced by the
driveways. Another requirement was the addition of a hydrant at the midpoint of the driveway. In
addition, confirmation of safe access and sufficient turning for emergency vehicles is provided. A
common driveway easement is required for the property owners which states the responsibility of the
owners to maintain the driveway and keep free and clear from trees and limbs. An easement is also
granted to the Town for access to the hydrant. The driveway will be 14’ in width at the common portion
and drops to 12’ for the single drives.
Abutter Scott Downs of 4 Ogden Lane questioned the building envelopes shown on the plan.
Ms. Piselli explained that the petition before the Board was for the common driveway.
Mr. Downs questioned the site distance and whether common driveways are allowed or not. He also
questioned the “Road B” access point shown on the plan and mentioned that the DEP filing is still
pending.
Clerk Anne Cote read a letter from DPW Director LaBossiere dated 10/24/13 and a letter of
recommendation from the Planning Board dated 10/21/13 (letters on file.)
Ms. Piselli suggested setting a site walk.

In response to comments from Mr. Fox on unique subdivisions, Attorney Mann explained that the
provision for common driveways had been added to the Bylaw in an effort to eliminate the one and two
lot subdivisions; they are not skirting subdivision control. The petitioner is going before Conservation
on 11/9/13.
Ms. O’Leary explained that common driveways are a benefit to the Town as they save the Town from
creation of another public way that would have to be maintained by the Town after acceptance. Ms.
O’Leary questioned the adequate access to the lots as the frontage on lot 4 appears to be wetlands.
Attorney Mann reviewed the frontage of each of the lots on the ANR plan; there is approximately 200’
of wetlands along the frontage. The composition of the driveway will be 4”gravel base with a
bituminous overlay, 2” binder and 1” top coat. There will be no wetland crossing with the common
driveway.
Chairperson Piselli called for a recess; back on record at 7:48 pm.
A site walk was scheduled for November 17, 2013 at 11:00 am.

MOTION: Made by Craig Hartwell to continue the hearing to the next ZBA meeting November
21, 2013. Motion seconded by Barbara Piselli. Vote 5-0 in favor, motion carried.
206 South Main Street, Map 26, Lot 3-206 South Main Street LLC- Special Permit under Section
9.4 of the Middleton Bylaws pursuant to Section 3.3.3 to authorize the alteration and redesign of a
portion of the existing building to subdivide the remaining vacant space and improve the
appearance of the building facade and a Modification to the previously approved Site Plan
pursuant to Section 9.5.3. Application #968
Clerk Anne Cote read the legal notice and confirmed that the abutters had been notified.
Attorney Jill Mann appeared on behalf of the petitioner. The petitioner is requesting a special permit
and site plan modification to install three pedestrian doors to accommodate three new units within the
remaining vacant interior space; two doors will be added to the front and one door will be added on the
side of the building. A stone dust path will be installed to access the new side pedestrian door which is a
fire/emergency door. At the last hearing the façade was proposed to be changed by removing the
overhang; the petitioner now wishes to construct a new overhang. There have been issues with the
installation of the landscaping. An as-built landscape plan has been provided showing the completed
landscaping. The free-standing sign that was proposed to be moved will now stay in the
original/existing location.
Clerk Cote read a letter from the ICDRC dated 10/21/13 and a letter from the Planning Board dated
10/21/2013 (letters on file.)
Attorney Mann addressed ICDRC comments about the change in plantings and the driveway at the
southwest corner of the building.
Mr. Hartwell noted that the driveway is shown as grass on the plan.
Attorney Mann explained that it is labeled as grass because the driveway is currently grass. In response
to a question on the need of the southwest front drive, Attorney Mann explained that it will prevent cars
that have entered the front parking lot from having to go out onto the highway to access the back of the
property, should they need to access the rear for parking.

MOTION: Made by Anne Cote to allow the modifications to authorize the alteration and redesign
of the building requested in the petition dated 9/26/2013; the modification is for the special permit
originally approved on 10/12/2012 and subsequently modified on 3/4/13 and 4/26/13; such
modifications are set forth on the plan stamped 10/22/213. Motion seconded by Nicholas Yebba.
Vote 4-1 in favor, motion carried. Craig Hartwell voted against.

MOTION: Made by Anne Cote to approve the site plan pursuant to Section 9.5.3; the modified
site plan showing alterations to the building design and related site changes as described in the
aforementioned plan. Motion seconded by Nicholas Yebba. Vote 4-1 in favor, motion carried.
Craig Hartwell voted against.

Minutes-May 23, 2013, May 30, 2013, June 27, 2013 & August 22, 2013
Minutes May 23, 2013-
Members present at the 5/23/13 hearing; Anne Cote, Barbara Piselli and Craig Hartwell.

MOTION: Made by Craig Hartwell to accept the minutes as written. Motion seconded by Anne
Cote. Vote 3-0 in favor, motion carried.
Minutes May 30, 2013-
Members present at the 5/30/13 hearing; Anne Cote, Barbara Piselli and Craig Hartwell.

MOTION: Made by Anne Cote to accept the minutes as written. Motion seconded by Craig
Hartwell. Vote 3-0 in favor, motion carried.
Minutes June 27, 2013-
Members present at the 6/27/13 hearing; Nicholas Yebba, James Fox and Barbara Piselli.

MOTION: Made by Nicholas Yebba to accept the minutes as written. Motion seconded by James
Fox. Vote 3-0 in favor, motion carried.
Minutes August 22, 2013-
Members present at the 8/22/13 hearing; Craig Hartwell, Nicholas Yebba, Barbara Piselli, James Fox
and Anne Cote.

MOTION: Made by Craig Hartwell to accept the minutes as written. Motion seconded by Anne
Cote. Vote 5-0 in favor, motion carried.

MOTION: Made by Craig Hartwell to adjourn. Meeting adjourned at 8:25 pm.