Town of Burlington Planning Board Minutes of the Planning Board Meeting of May 1, 2014 1. Chairman Raymond called the May 1, 2014 Regular Planning Board Meeting to order at 7:06 p.m. in the Main Hearing Room of the Burlington Town Hall, 29 Center Street. Members Present: Member Covino, Member Clerk L Heureux, Chairman Raymond, Vice Chairman Kelly, Member Roth, and Member Impemba. Members Not Yet Arrived: Member Cummings Also Present: Planning Director Kassner, Senior Planner Benjamin a) Pledge of Allegiance b) Reorganization MOTION - To table item 1.b. Continuance MOTION - To take item 7.a out of order for discussion purposes. a) Continued Public Hearing Application for Approval of Site Plan Waiver 52 Bedford Street (Chestnut Hill Cemetery) Burlington Engineering Division, Applicant No testimony taken on these matters. MOTION - To continue this matter to the Planning Board meeting of May 15, 2014 as requested by the applicant in an email dated April 30, 2014. Planning Board Minutes May 1, 2014 - Page 1
MOTION To take item 7.i out of order for discussion purposes. i) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section 12.1.5 Planned Development District of the Zoning Bylaws 25 Network Drive Nordblom Company, Applicant No testimony taken on these matters. MOTION - To continue this matter to the Planning Board meeting of May 15, 2014 as requested by the applicant in an email dated May 1, 2014. MOTION To take item 7.m 7.n 7.o and 7.p out of order for discussion purposes. m) *Discussion Application for Approval of a Minor Engineering Change 8, 12, 16 & 17 New England Executive Park National Development, Applicant n) *Public Hearing Application for Approval of a Special Permit pursuant to Section 12.1.5 Planned Development District of the Zoning Bylaw 1 & 3 New England Executive Park National Development, Applicant o) *Public Hearing Application for Approval of a Special Permit pursuant to Section 12.1.5 Planned Development District of the Zoning Bylaw 6 & 7 New England Executive Park National Development, Applicant p) *Public Hearing Application for Approval of a Special Permit pursuant to Section 12.1.5 Planned Development District of the Zoning Bylaw 15 & 24 New England Executive Park National Development, Applicant No testimony taken on these matters. MOTION To continue these matters to the Planning Board meeting of May 15, 2014 as requested by the applicant's representative in an email dated April 23, 2014. MOTION To take item 7.q out of order for discussion purposes. Planning Board Minutes May 1, 2014 Page 2
q) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section 4.2.6.10 Restaurants of the Zoning Bylaws 15 South Avenue National Development, Applicant No testimony taken on these matters. MOTION To continue this matter to the Planning Board meeting of June 5, 2014 as requested by the applicant's representative in an email dated April 25, 2014. 2. Citizens Time No one spoke. 3. Announcements Rain Barrels on sale with Conservation Ordering Deadline Saturday, May 3 Town Meeting Information Session (including MMJ Bylaw) Wednesday, May 7 at 5-7pm Town Hall Annex Basement Town meeting Monday, May 12 at 7:30pm Burlington High School 4. Legal Notices of Interest NONE 5. Non-Approvals NONE 6. Administrative Matters a) *Discussion Application for Approval of a Minor Engineering Change 4 Burlington Woods Burlington Woods IV LLC, Applicant Plans & Reports discussed: Plan entitled, Proposed 100,000 SF Office Building With Parking Below, 4 Burlington Woods Drive, dated March 31, 2014, prepared by RJ O'Connell & Associates, Inc. Managing Director of Commercial Development Scott Weiss of The Gutierrez Company, and civil engineer Paul Alluni of RJ O Connell & Associates represented this application. Member Cummings arrived to the meeting at 7:15 p.m. Mr. Weiss explained the minor engineering changes: Loading dock location Planning Board Minutes May 1, 2014 Page 3
Drop off/pick up zone in the front of the building Planning Board staff support the changes. Vice Chairman Kelly read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received Inspector of Buildings Not Yet Received N/A Fire Dept. Approval as submitted 4-22-2014 Board of Health No New Comments 4-23-2014 Conservation No New Comments 4-28-2014 Member Roth requested an update on the November 21, 2013 Planning Board meeting discussion about additional lighting. Mr. Alluni answered the additional lighting was included in the decision. MOTION - To approve a Minor Engineering change, requested by Burlington Woods IV LLC, for property located at 4 Burlington Woods. MOTION To take item 1.b off the table. b) Reorganization Chairman: MOTION To appoint Vice Chairman Kelly to the position of Chairman. APPROVED: 6-0-1 (Vice Chairman Kelly abstained) Vice Chairman: MOTION To appoint Member Clerk L Heureux to the position of Vice Chairman. APPROVED: 6-0-1 (Member Clerk L Heureux abstained) Member Clerk: MOTION To appoint Member Roth to the position of Member Clerk. APPROVED: 6-0-1 (Member Roth abstained) Recreation Commission: Planning Board Minutes May 1, 2014 Page 4
MOTION To appoint Member Raymond as Planning Board liaison for the Recreation Commission. APPROVED: 6-0-1 (Member Raymond abstained) b) *Discussion Application for Approval of a Minor Engineering Change 240 Middlesex Turnpike Burlington Equitable LP, Applicant Plans & Reports discussed: Plan entitled, 240 Middlesex Turnpike, As-Built Plan of Land, Located in Burlington, Massachusetts, dated September 11, 2013, received March 25, 2014, prepared by Meridian Associates. Engineering specialist Christopher Chartier Cotter, EIT of STV Inc., and contractor George Gamache of ADAM Associates represented the application. Mr. Gamache updated the Planning Board on their progress: Conservation Commission voted on: o Reducing pavement o Fixing some storm drains Planning Board requested an update on the parking lot condition and plans for improvement: Currently there are some significant potholes o The applicant is following the terms of the decision Mr. Gamache is not sure if Pure Hockey needs all the parking spaces o He will be mindful about reducing parking spaces and increasing green space Vice Chairman L Heureux read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received Board of Selectmen Not Yet Received N/A Inspector of Buildings Not Yet Received N/A DPW/ Engineering No New Comments 4-9-2014 Police Dept. Not Yet Received N/A Fire Dept. Not Yet Received N/A Board of Health No New Comments 4-23-2014 Conservation See Comment 4-28-2014 Planning Director Kassner noted some of the curbing needs to be replaced. Mr. Gamache responded those curbing areas would be replace this spring. Chairman Kelly recommended granite curbing. Planning Board Minutes May 1, 2014 Page 5
Member Raymond discussed the parking area behind the building. Mr. Cotter noted it was used for snow storage. Planning Director Kassner discussed reducing pavement by the loading dock to improve the brook. Timeline: Summer 2014: minor patching and repairs Summer 2015: full repairs MOTION - To approve a Minor Engineering change, requested by Burlington Equitable LP, for property located at 240 Middlesex Turnpike. DISCUSSION Planning Board discussed repave the entrance drive portion of the decision. Mr. Gamache was opposed to it. Planning Director Kassner modified the decision, and Mr. Gamache agreed. 7. Matters of Appointment b) *Public Hearing Petition to amend the Zoning Bylaw, Article II Definitions, Article III Districts, Article IV Use Regulations, Article V Density Regulations Schedule, and Article X Temporary Moratorium on Medical Marijuana to address and define uses pertaining to Medical Marijuana Submitted by the Planning Board Planning Board staff and members spoke favorably about the submitted bylaw. School Committee Member Kristin A. Russo, 5 Kingsdale Street, supports the bylaw and would like it to pass at Town Meeting. MOTION - To close the public hearing on this matter. MOTION To recommend favorably on item 7.b. MOTION To take items 7.c 7.d 7.e 7.f and 7.g together for discussion purposes. Planning Board Minutes May 1, 2014 Page 6
c) * Public Hearing Application for Approval of a Special Permit pursuant to Section 12.1.5 Planned Development District of the Zoning Bylaws 80 & 82 Cambridge Street M11 Realty LLC, Applicant d) *Public Hearing Application for Approval of a Special Permit pursuant to Section 1.4.13 Luxury Automobile Dealership, limited to one in number and located within Area B shown on the M11 Realty Concept Plan of the Burlington Corporate Center Planned Development District 80 & 82 Cambridge Street M11 Realty LLC, Applicant e) * Public Hearing Application for Approval of a Special Permit pursuant to Section 1.6.4 Periodic maintenance of existing water courses and maintenance for essential services of the Burlington Corporate Center Planned Development District 80 & 82 Cambridge Street M11 Realty LLC, Applicant f) * Public Hearing Application for Approval of a Special Permit pursuant to Section 1.6.7 Discharges from manmade structures into the wetlands of the Burlington Corporate Center Planned Development District 80 & 82 Cambridge Street M11 Realty LLC, Applicant g) * Public Hearing Application for Approval of a Special Permit pursuant to Section 1.7.21 Storage and disposal of oils and fuels/petroleum products including storage for on-site heating purposes of the Burlington Corporate Center Planned Development District 80 & 82 Cambridge Street M11 Realty LLC, Applicant Plans & Reports discussed: The Site Development and Use Plan entitled Mercedes Benz of Burlington, Corporate Center Planned Development District Site Plan Set, 80-82 Cambridge Street (Formerly Palomar Medical Technology), in Burlington, Massachusetts prepared by BSC Group Dated March 19, 2014, consisting of 16 sheets Landscaping Plant List, prepared by Kim Ahern Landscape Architects Professional Engineer Frank DiPietro, and civil designer David M. Guerriero, EIT of BSC Group; traffic engineer Kenneth P. Cram, P.E. of Bayside Engineering; attorney Richard O Neill, Jr. of O Neill & Gramer, P.C.; attorney Mark E. Burke of Law Office of Mark E. Burke; and attorney Nicholas J. Di Mauro of Law Offices of Nicholas J. Di Mauro represented this application. Mr. Di Mauro updated the Planning Board on: The types of vegetation used on the property o See distributed Plant List packet for details The Davis company (abutting property) agreed to grant M11 rear access to Corporate Drive for employees and car carriers exit only o They are currently finalizing the contract The applicant is working to get all abutters in the area together to discuss ways of working together Fire Department s second access to the property over the curbing would be changed to the newly granted rear access Planning Board Minutes May 1, 2014 Page 7
Mr. DiPietro explained the site including the building footprint, drainage, and sewage. He noted a robot would be sent into the drains and the recording would be submitted to the town. Vice Chairman L Heureux read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received Board of Selectmen Not Yet Received N/A Inspector of Buildings Not Yet Received N/A DPW/ Engineering See Comments 4-9-2014 Police Dept. Not Yet Received N/A Fire Dept. Approval with modifications 4-11-2014 Board of Health See Comments 4-24-2014 Conservation Not Yet Received N/A Mr. DiPietro agreed with the departmental reports. The Planning Board discussed: The sump pumps on property o Mr. DiPietro justified there design. Property grades o Member Clerk Roth would discuss the topography in detail at the subcommittee meeting Cleaning up the slope o Mr. DiPietro agreed to do what can be done o Mr. Di Mauro noted the Conservation Commission does not want them to disturb the slope Car dealerships are not allowed to store cars at other locations in Burlington o Planning Director Kassner agreed to add that to the conditions Oil spillage concerns o Mr. DiPietro explained where the oil would go in the event of a spill Planning Director Kassner stated a meeting is being set up with the applicant and safety officer to discuss sidewalks, traffic improvements, and the pedestrian crossing. Chairman Kelly appointed Member Clerk Roth, Member Covino, and Member Impemba to the subcommittee. MOTION - To continue this matter to the Planning Board meeting of May 15, 2014. Planning Board Minutes May 1, 2014 Page 8
h) Continued Public Hearing Application for Approval of a Site Plan 209 Middlesex Turnpike Jumbo Capital Burlington Partners, LLC, Applicant Plans & Reports discussed: Plan titled "Proposed Site Plan, 209 Middlesex Turnpike Burlington, MA" prepared by Simpson Gumpertz & Heger, dated March 27, 2014. Civil engineer Sean Donlon and associate principle Aaron Lewis of Simpson Gumpertz & Heger; property manager Danielle Heaps and principle Jay Hirsh of Jumbo Capital Management, LLC; and vice president of construction Christopher G. Commarota of Kiddie Academy represented the application. Ms. Heaps updated the Planning Board on their progress: The applicant agrees to take up the asphalt between their property and Lemon Tree, and to landscape it Contacted Global Evangelical Church on Terrace Hall o No agreement was reached o Church services: Wednesday and Friday at 8pm, and Saturday mornings Had a meeting with the owner of the Lemon Tree o Agreed to allow Kiddie Academy to use their spaces o Lemon Tree s peak is lunch time o Member Clerk Roth requests that agreement be on record The second floor tenant (which is close to signing) would require 15 parking spaces Senior Planner Benjamin read and discussed all the terms in condition 2 of the Site Plan approval: There is a water build up at the back left of the site o Conservation Commission requests a bio-swale be installed, the berm be removed, and the parking lot be pulled away o Mr. Donlon noted the berm is not on their property o Mr. Hirsh has done a test pit New curbing should be vertical granite o All broken curbing needs to be replaced o Staff recommends the internal islands be curbed with a granite product The Planning Board discussed their safety concerns about the slope into the property. Recommendations were made for a grooved pavement slope for traction in the winter. Mr. Commarota explained the drop off routine takes 10 minutes, and the school would hold 124 pupils. Vice Chairman L Heureux read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received Planning Board Minutes May 1, 2014 Page 9
Board of Selectmen Not Yet Received N/A Inspector of Buildings Not Yet Received N/A DPW/ Engineering See Comments 2-18-2014 Police Dept. Not Yet Received N/A Fire Dept. Approval as submitted 3-24-2014 Board of Health See Comments 4-10-2014 Conservation See Comments 4-30-2014 Ms. Heaps agreed with the departmental reports. Mr. Hirsh agreed with all the discussed conditions. MOTION - To approve a Site Plan, requested by Jumbo Capital Burlington Partners LLC, for property located at 209 Middlesex Turnpike. MOTION To take items 7.j and 7.k together for discussion purposes. j) *Discussion Application for Approval of a Minor Engineering Change 51 South Bedford Street WB Engineering, Applicant k) *Public Hearing Application for Approval of a Special Permit pursuant to Section 4.3.2.15 Storage and disposal of oils and fuels/petroleum products of the Zoning Bylaws 51 South Bedford Street WB Engineering, Applicant Plans & Reports discussed: Plan titled "Proposed Access Road and Drainage Additions at 51 South Bedford Street Burlington, Massachusetts, MA" prepared by Schofield Brothers of New England, Inc., dated March 12, 2014, consisting of five (5) sheets. Senior vice president Bruce L. Ey, PE of Schofield Brothers, and associate Vadim Karamov, PE of WB Engineers+Consultants represented this application. Mr. Ey spoke about the engineering changes: Driveway with cape asphalt curbing Cutting down trees, and replacing them with different trees Vice Chairman L Heureux read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received Planning Board Minutes May 1, 2014 Page 10
Board of Selectmen Not Yet Received N/A Inspector of Buildings Not Yet Received N/A DPW/ Engineering See Comments 3-25-2014 Police Dept. Not Yet Received N/A Fire Dept. Approval with modification 4-11-2014 Board of Health See Comments 4-25-2014 Conservation See Comments 4-30-2014 Mr. Ey agreed with the departmental reports. The Planning Board discussed: Using natural gas o Mr. Karamov replied it is not as reliable as diesel, and it takes longer to kick on o Planning Board recommends a hybrid diesel and natural gas Mr. Karamov agreed to explore it Two 15,000 gallon kerosene tanks o Each tank supports 2 generators o The plan is to removing one tank Abandonment of utilities is not part of this application Generators run time o Mr. Karamov is not sure Removal of trees o Mr. Ey is not sure how many trees would be removed o The Planning Board requests justification for removing these trees, or finding alternative ways of dealing with the leaves such as a fence Planning Director Kassner requested the applicant stake out the site for the site walk. Mr. Ey agreed. Chairman Kelly told the applicant to meet with Planning Board staff to resolve the issues brought up at this meeting. Mr. Ey agreed. MOTION - To continue item 7.j to the Planning Board meeting of May 15, 2014. MOTION To continue item 7.k to the Planning Board meeting of May 15, 2014. l) Continued Public Hearing Application for Approval of an amendment to a Special Permit pursuant to Section 11.6.0 Open Space Residential of the Zoning Bylaws Muller Glen OSRD Muller Glen LLC, Applicant Planning Director Kassner spoke about the agreement reached between the town and applicant. Planning Board Minutes May 1, 2014 Page 11
MOTION To accept a request to withdraw with prejudice item 7.l, requested by Muller Glen LLC, for property located at Muller Glen OSRD. 8. Minutes January 16, 2014: MOTION - To accept the Minutes of January 16, 2014 as amended. APPROVED: 4-0-3 (Member Covino, Member Cummings, and Member Impemba abstained) February 6, 2014: MOTION - To accept the Minutes of February 6, 2014 as amended. APPROVED: 4-0-3 (Member Covino, Member Cummings, and Member Impemba abstained) 9. Other Business a) Discussion 1. Member Cummings resignation Member Cummings announced her resignation. The Planning Board meeting of May 15, 2014 will be her last meeting. 2. Mary Cummings Park Member Raymond noted that a Boston city councilor has filed a motion to break the Mary Cummings Trust and the town needs to be prepared. 3. Northwest Park Openings Timeline Name Opening Date Cambridge Savings Bank Open Bancroft Chophouse May 12, 2014 Boston Interiors June/July 2014 Tony C s August/September 2014 Wegman s Late September 2014 Carter s Jewelry September/October 2014 Abondanzza November 2014 Planning Board Minutes May 1, 2014 Page 12