Town of Burlington Planning Board Minutes of the Planning Board Meeting of May 5, 2016 1. Chairman L Heureux called the May 5, 2016 Regular Planning Board Meeting to order at 7:00 p.m. in the Main Hearing Room of the Burlington Town Hall, 29 Center Street. Members Present: Member Covino, Member Gaffney, Vice Chairman Kelly, Chairman L Heureux, Member Clerk Raymond, Member Perna Member Absent: Member Impemba Also Present: Planning Director Kassner, and Senior Planner Morris 2. Reorganization The reorganization is tabled to the Planning Board meeting of May 19, 2016 because of Member Impemba s absence. 3. Citizens Time No one spoke. 4. Announcements Town Meeting Monday, May 9 at 7:30pm Fogelberg Auditorium, Burlington High School Master Plan Steering Committee at the Town Hall Annex: o Tuesday, May 10 at 7:30am o Tuesday, May 24 at 7:30am Cultural Resources Public Forum Tuesday, May 17 at 6:30-8:30pm Grandview Hall Burlington High School Spring Concert- Thursday, May 12 at 7:30pm - Fogelberg Auditorium, Burlington High Senior Housing forum organized by State Representative Kenneth Gordon Thursday, May 12 at 11am Burlington Council on Aging, 61 Center Street 5. Legal Notices of Interest NONE 6. Non-Approvals NONE 7. Administrative Matters - Page 1 Page 1
a) *Discussion Application for Approval of a Minor Engineering 75 Middlesex Turnpike (Burlington Mall) Simon Property Group, Applicant Plans & Reports discussed: Plan title Burlington Mall Expansion, prepared by Vanasse Hangen Brustlin Inc., dated March 30, 2016 Application Representative: Mark Vaughan Attorney Riemer & Braunstein, LLP Conor Nagle Engineer Vanasse Hangen Brustlin, Inc. Mike Connell General Manager Simon Property Group Craig Trueman Director of Operations Simon Property Group Chairman L Heureux stated into the record, that she did not attend the last meeting of April 21, 2016. She has complied with the Mullin Rule by submitting an affidavit that says she watched the recording of the Planning Board meeting of April 21, 2016. Mr. Vaughan explained the Applicant s request to relocate an existing switch, which is currently adjacent to the Rain Forest Café, to the parking lot. The Rain Forest Café is being replaced with Arhaus Furniture. The new tenant will be making cosmetic enhancements to the Burlington Mall building with windows and awning features (which will need to come back to the Planning Board for approval). Under today s standards the switch has to be at least 10 feet off a structure. There is no proposed door for deliveries. Mr. Nagel explained the new switch location would have curbing, and bollards. The existing trees would not be impacted by this project. Planning Board staff noted: Staff explored alternative locations, but it wouldn t comply with the regulations or be feasible in any other location than what is being proposed The Planning Board prefers landscape screening, but understands the utility requirements to have 10 feet of clearing, if there is an opportunity to add screen, the property would do that The Planning Board discussed: Having the switch decorated by the High School graphic arts department Constructing a bus shelter along the Burlington Mall Road in front of Kohl s Switch vs. Transformer Mr. Connell s stated that the truck trailer storage units in the parking lot have been removed from the property Increasing the size of the switch by Lord and Taylor, could eliminate the request for this switch Impact to the parking ratios with the removal of the parking space for the switch, the electric cars, and pizza pick up The Planning Board requested: The EverSource/State Code specific requirement/guidelines to be at least 10 feet away from a structure Vice Chairman Kelly read Departmental Reports into the record: Page 2
DEPARTMENTAL REPORTS Department Recommendation Date Received Building No Objection 4-14-2016 Fire Department No Objection 4-11-2016 Police Department Not Yet Received N/A Mr. Vaughan requested a conditional approval, and the Planning Board denied the request. No public comment was offered. MOTION To continue this matter to the Planning Board meeting of May 19, 2016. APPROVED: 6-0-0 8. Matters of Appointment NONE 9. Minutes December 9, 2015, January 7, 2016, January 21, 2016, February 18, 2016, March 3, 2016, and March 17, 2016: MOTION To accept the Minutes of December 9, 2015, January 7, 2016, January 21, 2016, February 18, 2016, March 3, 2016, and March 17, 2016 as amended. APPROVED: 5-0-1 (Member Gaffney abstained) 10. Other Business a) Discussion 1. Advanced Auto Parts 180 Cambridge Street The Planning Board staff updated the Planning Board that no building permit has been issued. The Building Inspector is still reviewing information about the use; whether or not Advanced Auto would be considered wholesale has not been concluded. The Planning Board was concerned about disposing of car waste so close to a food market and the services that would occur in the parking lot. 2. Procedure for Building Permit notification Currently, there is no formal building permit reporting system. Planning Board staff sent a letter to the Building Inspector requesting a new sign off procedure. Part of this procedure is that the Planning Board be notified of any submittals/sign offs, and if any interpretation or determination were performed by the building department. No answer has been received by the Planning Department. Page 3
3. Town Meeting Member Appeal 400 District Avenue Marriott Residence Inn Information to Town Meeting A PowerPoint presentation was shown to the Planning Board. It reviewed the PDD definitions, zoning bylaw definition, and the PDD use table that relate to the Marriott Residence Inn. Chairman L Heureux reviewed the timeline of events, highlighting the developer declined to go through the PDD amendment process. Chairman L Heureux drafted a letter, which is fact and not opinion, to clear up the issue of ambiguity. Member Covino explained the intent of crafting a bylaw definition of full service hotel was to prevent long term stays. It is Member Covino s opinion that the intent of the bylaw could be preserved without going to court. Shari Ellis, Town Meeting Member precinct 3, noted the intention of the bylaw cannot be determined, so what the bylaw states should be what is followed. She requested the Planning Board letter note the definitions are from the 2009 Burlington Bylaws. Letter from CEO Todd Finard of Finard Properties was sent to some town meeting members, stating that they did not conceal their plans for cook tops. MOTION: To submit Chairman L Heureux s clarification letter as amended. APPROVED: 6-0-0 4. Agenda Items Member Gaffney requested to keep discussion items, which have not been resolved, under unfinished business. The Planning Board staff agreed to do that and requested members send along their unfinished business items to staff. Suggested unfinished business items: Friendly 40B Advanced Autoparts Tuscan Kitchen TVs Audi dealership lot landscaping Kia dealership parking merchandise on abutting property Airport Solutions Group 39 Winn St. vegetation Medical Marijuana Dispensary Building 19 ½ Site b) Correspondence None. c) Reports from Town Counsel None. d) Subcommittee Reports None. e) Unfinished Business None. f) New Business None. 1. Vine Brook Plaza Member Gaffney stated one lane on Bedford Street, behind Vine Brook Plaza, was closed and it did not have a traffic policeman. He agreed to pass along the date of this incident to the Planning Board Department and requested the Planning Board follow up with this. The Planning Board staff agreed to Page 4
meet with the developer on Monday to review the installation of the driveway from Vine Brook Plaza to Bedford Street to ensure traffic safety. 2. Median along Burlington Mall Road Planning Board staff noted the properties that have agreed to install street lighting along Burlington Mall Road, justifying the location of the street lighting is to allow for plantings, that the planting plan has not been determined. 3. Audi Dealership, 62 Cambridge Street Storage lot landscaping plan Planning Board staff updated the Planning Board that the Landscape Architect drew up a punch list of approximately 24 items for the landscape installer to fix to comply with the Planning Board approved plans. No update. 4. Kia, 93 Cambridge Street - parking merchandise on the abutting property 5. New sidewalk construction materials Member Clerk Raymond noted the Board of Selectmen is reluctant to approve vertical granite curbing with concrete because of the cost. It appears Town Meeting might approve it anyways because of the longevity of granite curbing over bituminous. Page 5
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