Planning Board Minutes of November 16, 2017
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1 Town of Burlington Planning Board Planning Board Minutes of November 16, Chairman Kelly called the November 16, 2017 Regular Planning Board Meeting to order at 7:04 p.m. in the Main Hearing Room of the Burlington Town Hall, 29 Center Street. Members Present: Member Covino, Member Gaffney, Vice Chairman Raymond, Chairman Kelly, Member Clerk Perna, Member L Heureux, and (Member Impemba) Also Present: Planning Director Kassner Continuances MOTION To take item 7.a out of order. a) Continued Public Hearing Petition to amend the Zoning Bylaw, Article II Definitions and Article IV Use Regulations to address and define uses pertaining to Solar Energy Submitted by the Planning Board Planning Director Kassner is not prepared to speak on this matter, and recommended continuing. David Miller, 19 Gloria Circle, TMM Precinct 4, noted there are solar panel building codes and fire codes to the ensure safety of firemen. MOTION To continue this matter to the Planning Board meeting of December 7, MOTION To take item 7.c and 7.d out of order. c) Continued Public Hearing Petition to amend the Zoning Bylaw, Section Town Center Overlay Districts and Section Design Requirements to include Signs in Design Review Submitted by The Planning Board on behalf of the dissolved Route 3A Committee Planning Board Minutes November 16, Page 1
2 d) Continued Public Hearing Petition to amend the Town Center Design Rules and Regulations by creating a new Section 9 Signage Submitted by The Planning Board on behalf of the dissolved Route 3A Committee No testimony was taken on this matter. MOTION To continue the matter to the Planning Board meeting of February 1, MOTION To take item 7.e thru 7.h out of order. e) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Registered Marijuana Dispensary of the Zoning Bylaws 64 Blanchard Road Mission Massachusetts Inc., Applicant f) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Discharges from manmade structures into the wetlands of the Zoning Bylaws 64 Blanchard Road Mission Massachusetts Inc., Applicant g) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Special Permit for increasing the maximum parking space requirements for specific Non-Residential and Non-Educational Uses of the Zoning Bylaws 64 Blanchard Road Mission Massachusetts Inc., Applicant h) Continued Public Hearing Application for Approval of a Site Plan 64 Blanchard Road Mission Massachusetts Inc., Applicant No testimony was taken on this matter. MOTION To continue the matter to the Planning Board meeting of February 1, Planning Director Kassner noted information on trip generation and a parking analysis will be available to the Planning Board prior to the next meeting. Member Raymond requested a list of all the medical marijuana dispensaries in Massachusetts. 2. Citizens Time David Miller, 19 Gloria Circle, TMM Precinct 4, requested an update on the 101 Francis Wyman project (General Walker Estates). Planning Director Kassner responded: Planning Board Minutes November 16, 2017 Page 2
3 They consolidated the contact to the contractor building the homes A letter will go out to all the neighbors allowing them to submit their to Planning Board staff, who will forward those addresses to the contractor for the purposes of correspondences Each department put together a memo expressing many concerns, and Mr. Miller can view those memos in the Planning office on Monday o The second building permit is being held because of site concerns Member Impemba arrived to the meeting at 7:16pm. The Planning Board requested more frequent site visits to ensure compliance. Mr. Miller discussed the house sizes. Planning Director Kassner responded if the house sizes are significantly more than the assumed house sizes on the approved plans, then the drainage would need to be reviewed again. Member Raymond added Floor to Area Ratio (FAR) is difficult to enforce on residential properties, but the Master Plan is looking at increasing the setbacks in the housing element to restrict home sizes. 3. Announcements Thanksgiving Thursday, November 23 and Friday, November 24 Town Hall Offices will be closed Master Plan Steering Committee on the following Tuesdays listed below at 7:30am in Town Hall Annex building: o November 28 (Housing Element), December 12 (Implementation Strategies) Middlesex 3 Coalition Friday, December 8 at 7pm Kronos, Lowell Burlington High School Music Boosters: Annual Gala Concert and Silent Auction Sunday, November 19 at 1pm Fogelberg Performing Arts Center, Burlington High School Burlington Recreation Department: 50th Anniversary Gala Thursday, December 14 at 7pm Hilton Garden Inn 7 on 7 Football Tournament for Breast Cancer Awareness Saturday November 25 at 10am MSMS field Kevin Cox, 24 Rocky Hill Road, student of the Middlesex Community College, is observing this Planning Board meeting to fulfill a civic requirement for school 4. Legal Notices of Interest NONE 5. Non-Approvals a) *Applicant for Endorsement of a Plan Believed Not to Require Approval 17 Brantwood Lane Arthus and Jessica Faranda, Applicant Planning Board Minutes November 16, 2017 Page 3
4 Applicant Representatives: Thomas Murphy Attorney Shea, Murphy & Gulde Mr. Murphy explained the Applicant wants to put an addition on the home, but it would violate the setbacks. Rather than get a variance, the Applicant will do a land swap with 15 Brantwood Lane. Both sites will comply with setbacks, frontage, and parcel size requirements. Planning Director Kassner had no concerns. The Planning Board had no comment. MOTION To approve and sign the Approval Not Required plan for the property located at 17 Brantwood Lane. APPROVED: b) *Applicant for Endorsement of a Plan Believed Not to Require Approval 15 Maryvale Road Sunshine Realty Trust, Applicant No one represented this Application. Planning Director Kassner explained lot G, part of the Sheighla Drive subdivision, will be split into two lots G1 and G2. G2 is a non-buildable lot doesn t meet the requirements for frontage or land area. ANR is anything that is not a subdivision, this does not meet the definition of a subdivision, and therefore it is an ANR under the Slivers Exemption. The plans are entitled to endorsement by the Planning Board. Planning Staff had questions about the 24-foot right of way on the plans, not sure what that is in reference to. Sheighla Drive incorporated a portion of a paper street from Patricia Way, not sure if lot G2 is an attempt to reach three (3) acres of land locked upland behind Patricia Way. If that is true, it will need to come back before the Planning Board for subdivision approval. The Planning Board discussed: The motive for creating a non-buildable lot In twenty-one (21) days the Planning Board will need to sign the plans No public comment was offered. No action was taken. 6. Administrative Matters None 7. Matters of Appointment Planning Board Minutes November 16, 2017 Page 4
5 b) Continued Public Hearing Review and Adoption of the 2018 Comprehensive Master Plan Submitted by the Planning Board Planning Director Kassner distributed the topics scheduled for the next meetings to the Planning Board. Member L Heureux requested discussing the Housing element sooner in the schedule, just after the Land Use element. Planning Board members supported that request. Member Covino requested Planning Board members read each element prior to the scheduled discussion. No vote taken, this item was continued to the Planning Board meeting of December 7, Minutes NONE 9. Other Business a) Discussion 1. Board of Appeals Variance Application for FAR/setbacks 119 Muller Road The Board of Appeals requested comments from the Planning Board on this project. Next Board of Appeals hearing is Tuesday, November 21, Planning Board commented: Questions about sufficient parking Questions about parking for gymnastics meets Preference for the second plan not the first plan Questions about circulation around the site Potential acquisition from Edens, rather than pursuing the setback variance Potential of moving the entire addition to the right to improve access and move away from the buffer zones Maintain existing vegetation as much as possible 2. Under review by Planning Board staff: 161 Bedford Street Citgo Gas Station o Building Inspector has a meeting scheduled for after Thanksgiving with the property owner 180 A Cambridge Street Shaws - RESOLVED o Money gram signs have been removed 182 A Cambridge Street - Dunkin Donuts o Feather signs Planning Board Minutes November 16, 2017 Page 5
6 3. Planning Board 2018 Meeting Schedule Planning Director Kassner recommended keeping the January 4, 2018 Planning Board and Town Meeting only items. The Planning Board supported the recommendation. 4. Extension of Time 60 Blanchard Road Planning Director Kassner explained Datacom has held off on construction, because they are still looking for the right tenant, and place to move to. MOTION To grant a (1) year extension of time from May 25, 2018 to May 25, 2019 for the 60 Blanchard Road Site Plan improvements, as requested by the applicant s attorney in a letter dated November 14, APPROVED: b) Correspondence None. c) Reports from Town Counsel None. d) Subcommittee Reports None. e) Unfinished Business None. f) New Business None. MOTION To adjourn at 8:41 pm. APPROVED: Respectfully Submitted, Approved by, Noelle Judd, Recording Clerk Carol Perna, Member Clerk Minutes accepted at the Planning Board meeting of May 3, Minutes filed with the Town Clerk on June 22, All decisions are on file with the Town Clerk. All the noted documents are on file and can be viewed in the Planning Department. A DVD recording of the meeting is on file in the Planning Department. Planning Board Minutes November 16, 2017 Page 6
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