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Middleton ZBA approves outdoor construction storage yard at 50 Rundlett Way
Summary
The Middleton Zoning Board of Appeals unanimously granted a special permit and approved a site plan to establish an approximately 12,500± sq. ft. outdoor storage yard for MJS Construction Inc., subject to general and special conditions and outstanding DPW water‑meter issues being resolved.
The Middleton Zoning Board of Appeals on March 26 unanimously granted a special permit and approved a site plan allowing MJS Construction Inc. to operate an approximately 12,500± square‑foot outdoor storage yard behind the existing garage at 50 Rundlett Way.
Attorney Jill Elmstrom Mann, legal counsel to the petitioner, told the board the proposed yard would store construction equipment and materials — including stone, bricks and loam — in three onsite bins and a storage trailer, and would be enclosed by a six‑foot privacy fence so it would not be visible from public ways or abutters. The proposal also includes a 500‑gallon fuel storage tank surrounded by concrete barriers and no addition of impervious surface area, Ms. Mann said.
Town departments reviewed the proposal: the Board of Health asked that materials be kept weatherproofed, which the applicant addressed by adding an overhang; the DPW noted an outstanding issue with the Town of Danvers Water Department (meter relocation and a final bill) that must be resolved; and the Middleton Fire Department reported no concerns and confirmed a fuel‑storage license is not required for quantities under 2,000 gallons, as presented. The Planning Board reviewed the application on March 11 and voted unanimously to recommend approval to the ZBA.
A neighboring resident, Edwin Diaz of 2 Birch Road, commented favorably on the condition of the property and said the operation appeared efficient, arguing for management of excess materials while maintaining business operations.
Finding that the application satisfied the submittal requirements of Ch. 235 and related sections of the bylaws and that the proposed use would not negatively affect vehicle or pedestrian safety or stormwater management, the ZBA adopted the applicant’s findings. The board then voted to grant the special permit under the Table of Use Regulations (C. Commercial – 20), approved the site plan, and closed the public hearing. All motions carried by unanimous vote.
The approvals are subject to the general and special conditions attached to the board’s decision and to the outstanding DPW/Danvers water‑meter matters being resolved as noted in the record. The board’s motions cited authority under Chapter 235, §§9.4 and 9.5 of the Middleton zoning bylaws.
