Zoning Board of Appeals
MINUTES OF THE MEETING
December 19, 2013
The Middleton Zoning Board of Appeals met at a regularly scheduled meeting on December 19, 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, and members Craig Hartwell, Richard Nazzaro and Anne LeBlanc-Snyder.
Richard Bienvenue, Building Commissioner, Katrina O’Leary, Planning Coordinator and Karen
Matsubara, Recording Secretary
Chairperson Barbara Piselli called the meeting to order at 7:07 p.m.
206 South Main Street, Map 26, Lot 3-BA Fitness LLC & 206 South Main Street LLC- Special
Permit under Section 9.4 of the Middleton Bylaws pursuant to Section 3.1.2 and Table of Use
Regulations-Use C.24-to authorize the use and redevelopment of a 3,884 sq ft portion of the
existing 40,000 sq ft building for a personal and semi-private training facility. Application #969
(Continued from 11/21/13)
Attorney Mann reviewed the petition for the indoor recreational special permit. Since the last meeting
the property owner has installed additional lighting at the side and rear of the building. Principal of BA
Fitness, Janelle Nicolo was present to answer any questions. Photos of the prior and updated lighting
were presented for the file.
Ms. Nicolo explained that she was a specialty trainer; the small group classes of approximately five (5)
people are held on Saturday and Sunday at 8:00 am.
Dawn Bonfanti and Kristen Mattuchio, Middleton residents and clients of BA Fitness spoke in favor of
Ms. Nicolo stated that she also provides on-line training and does have clients from around the country
that occasionally fly in for one on one training.
Richard Nazzaro stated that he had visited the site and found that the lighting had improved 100% but
questioned the access for the left side of the building.
Attorney Mann explained that the walkway on the left side would be added for emergency access.
Ms. Piselli stated that she had the same impressions from the site walk as Mr. Nazzaro. Actually there is
no access on the left side because of there is fencing blocking the way and the lighting on that side was
Attorney Mann replied that they did not intend to provide public access on that side.
Ms. Piselli recalled that at the last hearing it was represented that public access would be provided on
the left side of the building from the front to the rear parking lot.
Attorney Mann stated that the side door was supposed to be for emergency use only, but agreed to install
a stone dust walkway from the front of the building to the rear parking lot, and the gates will be
Chairperson Piselli called for additional questions or comments, hearing none she called for a motion.
MOTION: Made by Craig Hartwell that the Board make the following findings: the adverse effects
of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in
view of the particular characteristics of the site, and of the proposal in relation to that site. The
proposed use offers a service that satisfies a community need. The property has been designed to
ensure the safe flow of vehicular and pedestrian traffic. The property has adequate utilities and
other public services and does not have any adverse impact on the natural environment. The
proposed use is consonant with the general character of the neighborhood which consists of several
indoor fitness facilities. The petitioner has been providing services in Middleton for approximately
five (5) years, by granting of the special permit an existing Middleton business will remain within
the Town. This contributes to the vitality of the business community in the Town of Middleton and
results in a positive economic and fiscal impact to the Town. Motion seconded by Richard Nazzaro.
Vote 4-0 in favor, motion carried.
MOTION: Made by Craig Hartwell that based on the findings, the Board grant the Special Permit
under Section 9.4 pursuant to 3.1.2 and the Table of Use Regulations – C. 24 Indoor Recreational
Use to allow the proposed use subject to the following conditions: 1. Removal of the two (2) gates
located at the front and rear of the north side of the building. 2. Installation of the four (4) foot wide
stone dust path that runs from the front of the north side of the building be extended all the way to
the back of the building to the rear parking lot. 3. The grassed area at the property has no net
change as a result of the installation of the walkway; for the avoidance of doubt the Owner shall add
an area equal to the area of the extended walkway to the existing grassed areas. 4. Lighting shall be
added to the north side of the building and to the northwest side of the rear of the building; the
building owner shall work with the building inspector to ensure that the additional lighting is
adequate. Motion seconded by Richard Nazzaro. Vote 4-0 in favor, motion carried.
13 Rundlett Way, Map 33, Lot 34-Neil Tagerman, Georgetown Plaza Trust-Request for Waiver of
Technical Compliance of Site Plan
Property owner, Neil Tagerman explained that he would be submitting an application for a Special
Permit for the use and parking for the next ZBA meeting and was here tonight to request a waiver of
technical compliance for the site plan. He presented the site plan that was substantially similar to the
previously approved site plan for the property and explained that the only change that has taken place
was an adjustment for the handicap parking requirements; there have been no changes to the amount of
parking spaces that were approved for the small strip plaza.
Ms. Piselli requested that the discussion before the Board be confined to the request for the waiver.
In response to a question about the substantially similar plan, Mr. Tagerman explained that he was under
a tight time constraint to get the plan to the Board in time to be heard this evening. The plan submitted
is the plan to which he would be adding a parking calculation. The use of the unit as a dog daycare
facility requires a special permit. The space has been vacant for over two years and was previously used
as a childcare facility.
Ms. LeBlanc-Snyder did not feel that an engineer stamped plan would be necessary as the use of the
building is not changing.
Mr. Tagerman added that there will be no outside construction and reviewed the approved site plan that
was on file with the Town.
Mr. Bienvenue explained that the handicap parking spaces were relocated from the side to the center of
the parking lot.
Mr. Hartwell suggested submitting the substantially similar plan and the previously approved site plan
with the special permit application for the next hearing.
Ms. Piselli commented that she had reservations about granting the requested waiver.
Prospective tenant Maria Lavallee stated that she had contacted an engineer and was told it would be
approximately $3000.00 for the plan.
In response to a question from Ms. LeBlanc-Snyder about the requirement of the petitioner to provide a
site plan, Mr. Bienvenue explained that the applicant would be seeking a special permit which triggers
the need for site plan approval.
MOTION: Made by Craig Hartwell to grant the requested waiver of technical compliance
requirements of Section 9.5 in reference to the proposed changes to the site plan dated 1/4/1989
prepared by Jaquith & Siemasko, Inc. as amended by the plan provided with the petitioners
application, based on the fact that the change is limited to the relocation of the handicap parking
spaces from their original location to a more advantageous location at the front of the building.
Motion seconded by Anne LeBlanc-Snyder. Vote 3-1 in favor, motion carried. Barbara Piselli
MOTION: Made by Craig Hartwell to adjourn. Motion seconded by Richard Nazzaro. Meeting
adjourned at 8:10 pm.