Town of Burlington Planning Board Minutes of the Planning Board Meeting of April 7, 2016 1. Chairman L Heureux called the April 7, 2016 Regular Planning Board Meeting to order at 7:02 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 Members Absent: Member Impemba Also Present: Planning Director Kassner, and Senior Planner Morris 2. Citizens Time Rosemarie Murphy, and Janet Boogaard, 4 Douglas Avenue, spoke about their neighbor s business in a residential area. It was not registered as a business until November 2015. These lots (32, 34, 36, & 38 Douglas Avenue) have heavy vehicles and large equipment stored in what could be a wetlands buffer zone. Planning Director Kassner theorized this property could be a grandfathered in non-conforming site, in which case it cannot exceed the use that was allowed when it became non-conforming. She agreed to investigate the issue. 3. Announcements Town Elections Saturday, April 9 at 8am-8pm Burlington High School Master Plan Steering Committee at the Town Hall Annex: o Tuesday, April 12 at 7:30am o Tuesday, April 26 at 7:30am Town Hall Offices Closed Monday, April 18 Patriots Day Mary Poppins, the Broadway Musical starts Friday, April 1 - Fogelberg Performing Arts Center 4. Legal Notices of Interest NONE 5. Non-Approvals NONE 6. Administrative Matters Planning Board Minutes April 7, 2016 - Page 1
a) Recommendation Street Acceptance (Bristol Street, Kay Road, Kelly Farm Way, McCafferty Way, Sheighla Drive, Shamrock Drive, Toomey Circle, Rosario Way) Planning Director Kassner explained this is an effort by the Planning and Engineering Department to make these acceptable public roads. These roads have been approved by the Planning Board as complete projects. MOTION The Planning Board hereby recommends favorably to Town Meeting on the proposed acceptance of Bristol Street, Kay Road, Kelly Farm Way, McCafferty Way, Sheighla Drive, Shamrock Drive, Toomey Circle, and Rosario Way as public ways in the Town of Burlington. b) *Discussion Application for Approval of a Minor Engineering Change to a subdivision 68 Wilmington Road Michael Sylvester, Applicant Plans & Reports discussed: Plan entitled Proposed Topographic, Site Plan of Land, 68 Wilmington Road, Burlington, Mass. (Middlesex County), prepared by Medford Engineering & Survey, dated January 12, 2016 Application Representative: Thomas Murphy Attorney Shea, Murphy & Gulde *Absent: resident Michael Sylvester of 68 Wilmington Road Mr. Murphy explained the minor changes to the plan: Move the sewer line to connect with an existing sewer man hole o Because original sewer line location in Wilmington Road is too deep, and would require deep excavation to connect to it Changing the new home from a one car garage to a two car garage Electric wires will not be buried, but kept as is, linked to telephone poles because of the request by Eversource Conservation Commission staff verbally approved these changes because it will be less disturbance to the river front area. Vice Chairman Kelly read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received DPW/ Engineering No Objection 3-14-2016 Planning Board Minutes April 7, 2016 Page 2
Board of Health No Objection 3-31-2016 Conservation See Comment 4-5-2016 Senior Planner Morris noted: Decision will include the conditions from the Board of Appeals 2015 variance decision Requests the applicant to add the variance citation to the plan notes Planning Board discussed: Board of Appeals conditions/intent being maintained for granting the frontage variance o Whether or not this should go back to the BOA for review o Proper screening of this building (especially the additional car garage) from the neighbors o BOA decision reads arborvitaes to be planted along the property line for the length of the new physical structure plus an additional 10 feet on both side of the building Planning Board requested: Adding space in the Departmental Reports for the Board of Appeals to make comments No public comment was offered. MOTION To approve the Minor Engineering Change, requested by Michael Sylvester, for the property located at 68 Wilmington Road. 7. Matters of Appointment a) Continued Public Hearing Application for Approval of a Site Plan 135 Cambridge Street Key Construction Solutions, Applicant Plans & Reports discussed: Site Plan entitled "Roger s Piano, 135 Cambridge, Burlington, MA 01803, " prepared by Weston & Sampson dated November 10, 2015, revised to January 5, 2016, consisting of four (4) sheets. Approved rendering entitled 135 Cambridge Street, received March 24, 2016. Signage lighting specifications, entitled Signage Lighting, received March 24, 2016, consisting of two (2) sheets. Façade lighting specifications, entitled Outdoor Lighting, received March 24, 2016. Exterior Insulation Finishing System (EIFS) Specifications entitled Senerflex Classic PB Wall System, prepared by BASF Wall Systems, received on March 14, 2016, consisting of sixteen (16) sheets. Exterior Color Samples (Egdecomb Grey and White Down), untitled, received March 14, 2016. Plantings Detail, received March 14, 2016, consisting of three (3) sheets. Planning Board Minutes April 7, 2016 Page 3
Stormwater report titled 135 Cambridge Street, prepared by Weston and Sampson, dated February 2016. Application Representative: Robert Buckley Attorney Riemer and Braunstein, LLP Mark King Engineer Weston & Sampson *Absent: owner Carol Wu of Roger s Piano Mr. Buckley summarized: Phase 1 is to refurbish the back build In the future, the front buildings nearest Cambridge Street will be demolished The application went before the 3A subcommittee for design review o See 135 Cambridge Street renderings for details Conservation Commission concerns have been addressed in regards to TSS (Total Suspended Solids) removal Planning Board staff noted: Ms. Wu owns 135 & 137 & 139 Cambridge Street Condition was added when the applicant comes back to develop the rest of the site, the back building will be reviewed to ensure it complies with the rules and regulations of the overlay This site will alleviate additional flooding at the high school Planning Board staff requested: Removing 3 parking spaces along Cambridge Street, to allow for more vegetation Sidewalk for part of the frontage be concrete with vertical granite curbing Landscape plan with a listing of species 2 pedestrian lights within this section of sidewalk Vice Chairman Kelly read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received Inspector of Buildings See Comments 1-7-2016 DPW/ Engineering Approval w/conditions 1-7-2016 Police Dept. Not Yet Received N/A Fire Dept. No Objection 12-31-2015 Board of Health Approval w/conditions 2-24-2016 Conservation See Comment 4-5-2016 Planning Board discussed: Dumpster will be enclosed Location of snow storage on property Water infiltrating is not an option because of the contamination in the area; there will be a detention system Planning Board Minutes April 7, 2016 Page 4
Planning Board requested: Exterior lighting and interior lighting seen from the exterior, will be non flashing white lights Emphasize to the future applicants that the 3A guidelines need to be understood and applied to their plans Review the proposed signage on the front building, directing people to the back building No public comment was offered. MOTION To close the public hearing on this matter. MOTION To approve the Site Plan, requested by Key Construction Solutions, for the property located at 135 Cambridge Street. 8. Minutes NONE 9. Other Business a) Discussion 1. Town Meeting Member Appeal of the Board of Appeals Decision (Marriott Residence Inn) Audience Members: Shari Ellis 3 Hickory Lane TMM precinct 3 Monte Pearson 5 Willow Way TMM precinct 3 Todd Finard CEO Finard Properties Ms. Ellis updated the Planning Board: 14 Town Meeting members filed an appeal to the Land Court NEEP Hotel Realty filed an opposition to the appeal stating the 14 TMM do not have standing Judged ruled there will be a hearing on April 20, 2016 to rule on standing o The motion by the 14 TMM for an extension was denied, because waiting for funding is not a reason for an extension o The 14 TMM filed an appeal of that decision 14 TMM acknowledge they may not have standing, but filed anyways as a place holder for Town Meeting 14 TMM petitioned the Board of Selectmen for a special town meeting on May 9, 2016 Planning Board Minutes April 7, 2016 Page 5
NEEP Hotel Realty filed to be an intervener to defend themselves, and Town Counsel/land court agreed to that o Town Counsel is representing: Zoning Board of Appeals, Building Department, and Planning Board 14 TMM have gotten a notice of deposition from the NEEP Hotel Realty, but they are not represented by Counsel o At the May 9, 2016 Town Meeting the 14 TMM will request funding for an attorney and the appeal There are questions of whether or not Town Meeting as a body has standing o Case has been found between Vine Brook Plaza and Pat Angelo where Town Meeting did have standing Ms. Ellis is requesting on behalf of the 14 TMM, for the Planning Board, who does have standing, to join (not support) the appeal. The Planning Board discussed: Implications of joining the appeal Planning Board being a place holder for Town Meeting If Town Meeting is not granted standing, the Planning Board would be body responsible for the appeal Planning Board withdrawing from the appeal is an option at anytime Is there another way to get an extension of time, besides joining appeal The Memorandum of Understanding MOTION For the Planning Board to join as plaintiffs the appeal filed by the 14 TMM which is docket #16MISC000150, seeking permission of the court to amend the complaint, and allow Vice Chairman Kelly to draft that amendment and sign it on behalf of the Planning Board. DISCUSSION: Member Covino stated he would not be favor of joining the appeal because Town Meeting already voted for the Planning Board to do the memorandum of understanding with NEEP. He would only be in favor if there were language that as soon as this issue makes it to Town Meeting that the Planning Board would withdraw. Vice Chairman Kelly read for the record the document he would request the Planning Board members to sign. APPROVED: 5-1-0 (Member Covino opposed) 2. Amending the Planning Board schedule Planning Direction Kassner requested rescheduling the October 20, 2016 Planning Board Meeting to September 29, 2016 to allow staff and Planning Board members, if they desire, to attend the Southern New England American Planning Association (SNEAPA) Conference taking place on October 20 and 21. The Planning Board supported the recommendation. 3. Reorganization Planning Board Minutes April 7, 2016 Page 6
Chairman L Heureux requested postponing the reorganization from April 21, 2016 to May 5, 2016, to allow for the presence of full board. The Planning Board supported the recommendation. 4. Burlington Mall Storage Containers Member Clerk Raymond noted the storage containers and the area around it at the mall has gotten worse. He distributed pictures to the Planning Board. The Planning Board requested staff submit these photos to the Board of Health and Building Department. 5. Building 19½ site Chairman L Heureux has formally requested the property owner and legal counsel to remove the pile of debris from this property quickly. They do not have a permit to bring in the fill, and if this does not get resolved she will go to the Board of Health. 6. 40B Board of Selectmen vote to move forward with the Center s request for 40B, and Member Clerk Raymond requests the support of the Planning Board in commending them for moving forward. Once this gets to the state, the Planning Board should keep an eye on it, to make sure it keeps moving. 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 9:32 pm Respectfully Submitted, Approved by, Noelle Judd, Recording Clerk Paul Raymond, Member Clerk Minutes accepted at the Planning Board meeting of. Minutes filed with the Town Clerk on. Planning Board Minutes April 7, 2016 Page 7
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 April 7, 2016 Page 8