Town of Burlington Planning Board Notice of Public Meeting and Meeting Agenda April 5, 2018

Transcription

1 Town of Burlington Planning Board Notice of Public Meeting and Meeting Agenda April 5, 2018 Main Hearing Room, Burlington Town Hall, 29 Center Street, Burlington, MA John D. Kelly, Chairman Paul R. Raymond, Vice Chairman Carol A. Perna, Member Clerk Ernest E. Covino, Jr Joseph A. Impemba Barbara G. L'Heureux William Gaffney Kristin Kassner, Planning Director Josh Morris, Senior Planner Elizabeth Bonventre, Assistant Planner Jennifer Gelinas, Administrative Assistant I Noelle Judd, Recording Clerk The following times are approximate, except for items marked with an (*) which are new public hearings and will not start before the scheduled time. 7:00p.m. 1) Call Planning Board Meeting to Order 2) Citizens Time 3) Announcements 4) Legal Notices of Interest 5) Non-Approvals 6) Administrative Matter 7) Matters of Appointment a) *Public Hearing Application for Approval of a Special Permit pursuant to Section Restaurants of the Zoning Bylaw Burlington Mall (75 Middlesex Turnpike) Frank Pepe s of Burlington LLC, Applicant b) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Wholesale Trade, Warehousing (except toxic and hazard materials and sales) of the Zoning Bylaws Off Wheeler Road (Map 52 Parcels 4 & 6) Jumbo Self Storage, LLC Jumbo Capital Management, Applicant c) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Discharges from manmade structures into the wetlands of the Zoning Bylaws Off Wheeler Road (Map 52 Parcels 4 & 6) Jumbo Self Storage, LLC Jumbo Capital Management, Applicant d) Continued Public Hearing Application for Approval of a Site Plan Off Wheeler Road (Map 52 Parcels 4 & 6) Jumbo Self Storage, LLC Jumbo Capital Management, Applicant e) Continued Public Hearing Application for Approval of a Site Plan 145 South Bedford Street Northeastern University, Applicant f) Continued Public Hearing Application for Approval of a Modification to a Definitive Subdivision Plan 0 Mooney Road Richfield, LLC, Applicant Planning Board Meeting Agenda April 5, Page 1 of 2

2 g) Continued Public Hearing Petition to amend the Zoning Bylaw, Article XIII Sign Regulations as it pertains to freestanding monument signs in the General Business (BG) District Submitted by Target Corporation h) Continued Public Hearing Petition to amend the Zoning Bylaw, Article IV Use Regulations to address and define uses pertaining to Automobile Dealership uses abutting an existing Automobile Dealership use Submitted The Herb Chambers Company 8) Minutes 9) Other Business a) Discussion b) Correspondence c) Reports from Town Counsel d) Subcommittee Reports e) Unfinished Business f) New Business Planning Board Meeting Agenda April 5, Page 2 of 2

3 Town of Burlington Planning Board Minutes of the Planning Board Meeting of April 5, Chairman Kelly called the April 5, 2018 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, Vice Chairman Raymond, Chairman Kelly, Member Clerk Perna, Member L Heureux, and (Member Impemba) Members Absent: Member Gaffney Also Present: Planning Director Kassner, Senior Planner Morris Continuances MOTION To take item 7.f out of order. f) Continued Public Hearing Application for Approval of a Modification to a Definitive Subdivision Plan 0 Mooney Road Richfield, LLC, Applicant No testimony was taken on this matter. MOTION To extend the statutory deadline to file a decision from April 27, 2018 to May 21, 2018 and to continue this matter to the Planning Board meeting of April 19, 2018 as requested by the Applicant s attorney on a Form S dated April 5, Announcements Annual Town Election Saturday, April 7 starting at 8am Burlington High School Bylaw Review Committee Tuesday, April 10 at 6:45pm Town Hall Annex basement Burlington Community Scholarship Foundation: Annual Telethon Wednesday, April 11 at 5:30pm Burlington High School, BCAT Studio The Huntington Open House Thursday, April 12 at 4pm 20 Second Avenue Planning Board Minutes April 5, Page 1

4 Patriot s Day Monday, April 16, 2018 Town Hall Offices will be closed Household Hazardous Waste Collection Day Saturday, April 21 at 8:30am Francis Wyman Elementary School Planning Board wished Member Paul Raymond good luck on his re-election Planning Board expressed condolences to the friends and family of Louis P. (Dan) Valente, former Board of Selectmen member 4. Legal Notices of Interest NONE 5. Non-Approvals NONE 6. Administrative Matters a) *Discussion Minor Engineering Change Human Services Building - 61 Center Street Town of Burlington, Applicant Applicant Representatives: Thomas Hayes Town Engineer Town of Burlington John Petrin Town Administrator Town of Burlington Tim Mazzone Senior Engineer Town of Burlington Joe Morandi Member Board of Selectmen Brendan Egan Parks and Recreation Director Town of Burlington Mr. Petrin gave a preview of an upcoming Minor Engineering Change (MEC) to the Human Services Building. The plan is to build a 54 space parking area in front of the building, with an associated traffic circulation pattern for bus drop offs. All the trees will be maintained and vertical granite curbing will be used. The horseshoe will be eliminated and there will be one (1) entrance into the site. The Planning Board suggested making the driving lane around the spaces greater than 14 feet, making the spaces more perpendicular, and reducing the amount of spaces. Member L Heureux requested the Burlington High School student parking lot driving lane width. Planning Board understood the necessity for the parking. Parks and Recreation Director Egan confirmed there is not enough parking on site, and the farmers market will not be returning this summer. 2. Citizens Time Shari Ellis, 3 Hickory Lane, TMM precinct 3, explained the article she submitted for the May Town Meeting to fund the remaining portions of the Terrace Hall Avenue sidewalks. MOTION - To endorse Shari Ellis Terrace Hall Avenue sidewalk funding article. Planning Board Minutes April 5, 2018 Page 2

5 Planning Board took item 9.a.1 out of order. 1. Marriott Residence Inn 400 District Avenue The Planning Board understood that a hotel such as the Marriott Residence Inn must provide a full-service restaurant. The contractor cut that out of the plans, and in exchange they should have upgraded their breakfast area to offer dinner services. This was not done. Planning Board does not agree with the substitute service of putting menus for other restaurants in the lobby. Member L Heureux stated by allowing a developer to not follow their contractual agreements sets a bad precedence for other developers. She suggested the Planning Board send a letter to the Board of Selectmen asking that they take action. Shari Ellis, 3 Hickory Lane, TMM Precinct 3, requested the Certificate of Occupancy (CO), and to put copies of the Planning Board s statement on the back table of May Town Meeting. Member L Heureux read the Planning Board s statement to the Board of Selectmen into the record. Planning Board tabled this item. 7. Matters of Appointment a) *Public Hearing Application for Approval of a Special Permit pursuant to Section Restaurants of the Zoning Bylaw Burlington Mall (75 Middlesex Turnpike) Frank Pepe s of Burlington LLC, Applicant Applicant Representatives: Mark Vaughan Attorney Riemer & Braunstein, LLP Ken Berry President and CEO Frank Pepe s Kevin Gagliard General Manager Frank Pepe s Mr. Vaughan explained Frank Pepe s request to occupy the former Uno s space at the Burlington Mall for their pizza restaurant. There will be a reduction in seats from 190 to 98. It would be open lunch and dinner, and will not have outdoor seating. It will have no delivery, and will offer beer and wine. The hours of operation are 11am-10pm. Vice Chairman Raymond read the departmental reports into the record. Ed LoTurco, member of the Conservation Commission, supported this application. Planning Board Minutes April 5, 2018 Page 3

6 MOTION To close the public hearing on this matter. MOTION To approve the Special Permit, as requested by Frank Pepe s of Burlington LLC, for the property at 75 Middlesex Turnpike. MOTION - To take item 7.g and 7.h out of order g) Continued Public Hearing Petition to amend the Zoning Bylaw, Article XIII Sign Regulations as it pertains to freestanding monument signs in the General Business (BG) District Submitted by Target Corporation Applicant Representatives: Mark Vaughan Attorney Riemer & Braunstein, LLP Chairman Kelly noted the Planning Board is still waiting on written feedback from Town Counsel. Mr. Vaughan explained that Target wants to occupy the former Roche Brother s space. As part of that, they would like a freestanding monument sign, which are not allowed in General Business (BG) zoning district. The suggested bylaw amendment for allowing a freestanding monument sign in the BG zone: Multitenant shopping areas of greater than 100,000 square feet A finding that the sign serves a public interest, such as safety No more than one (1) monument sign per street side with a driveway The tenant panel would not be greater than 20 square feet Planning Board discussed: Procedure for getting an approval Do not allow a tenant to split a panel Board of Appeals (BOA) would need to approve the number of panels and there needs to be a minimum number of panels Limit the structure and panel sizes Exterior illumination Types of variances the BOA could grant One (1) or two (2) monument sign(s) per site Planning Board Minutes April 5, 2018 Page 4

7 Shari Ellis, 3 Hickory Lane, TMM Precinct 3, suggested requiring the address of the plaza on the monument sign. MOTION To continue this matter to the Planning Board meeting of April 19, h) Continued Public Hearing Petition to amend the Zoning Bylaw, Article IV Use Regulations to address and define uses pertaining to Automobile Dealership uses abutting an existing Automobile Dealership use Submitted The Herb Chambers Company Applicant Representatives: Mark Vaughan Attorney Riemer & Braunstein, LLP John Welch Director of Construction and Facilities Herb Chamber Companies Mark Regent Architect Regent Associates Mr. Vaughan explained that Audi and Porsche dealership (62 Cambridge Street) must be in separate buildings/sites, per a corporate change. The purpose of this zoning bylaw amendment is to allow the construction of a car dealership building on the current storage lot (64 Cambridge Street). The suggested bylaw amendment is to allow automobile dealership use by Special Permit only if: Abuts an existing automobile dealership use Within 200 feet of I-95/128 highway or ramp At least 200 feet from residential zone (RO) Mr. Vaughan noted the purpose is to limit the Application and the only location where this would be satisfied would be at the location we re talking about. He added the car storage location would need to be rezoned to the Continuous Traffic Business (BT) zoning district to allow for a car dealership use on the storage lot. Planning Board commented: All car dealerships in Burlington are nonconforming in regards to zoning, except the Mercedes-Benz dealership (80-82 Cambridge) is in the Corporate Drive PDD The curb cut at 64 Cambridge Street will be reopened, which Mr. Vaughan noted could happen at the Planning Board meeting of May 21, 2015 o Planning Board is not in favor of the additional curb cut Structured parking would be included within the new building at 64 Cambridge Street The intention of the storage lot variance was to conceal the inventory This could be considered spot zoning because it is a change that only applies to this property Town counsel has not weighed in on this matter. Planning Board Minutes April 5, 2018 Page 5

8 Member Impemba arrived to the meeting at 8:56pm. No one from the public commented. MOTION To continue this matter to the Planning Board meeting of April 19, APPROVED: MOTION To take items 7.b thru 7.d together for discussion purposes. APPROVED: b) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Wholesale Trade, Warehousing (except toxic and hazard materials and sales) of the Zoning Bylaws Off Wheeler Road (Map 52 Parcels 4 & 6) Jumbo Capital Management, Applicant c) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Discharges from manmade structures into the wetlands of the Zoning Bylaws Off Wheeler Road (Map 52 Parcels 4 & 6) Jumbo Capital Management, Applicant d) Continued Public Hearing Application for Approval of a Site Plan Off Wheeler Road (Map 52 Parcels 4 & 6) Jumbo Capital Management, Applicant Applicant Representatives: Bill Prize Engineer BL Companies Andrew Graves Architect BL Companies Robert Buckley Attorney Riemer & Braunstein, LLP Vice Chairman Raymond read the departmental reports into the record. Mr. Buckley summarized the changes: Building was lowered Reduced the lighting No doors will be visible through the windows Mr. Prized explained the changes in detail. The building will resemble an office building. Storage facilities do not require a lot of parking. Planning Board staff commented: Driveway will be upgraded to have roadway striping, signage, and lighting Planning Board Minutes April 5, 2018 Page 6

9 Conservation Commission requested a conservation restriction/easement to the nine (9) acres of undevelopable land and allow the Article 97 land to be swapped for a turning lane on South Bedford Street Ten (10) foot wide easement along the frontage for a sidewalk Instead of building the sidewalk, money will be contributed for roadway improvements or sidewalks built elsewhere in the neighborhood Conservation Commission and Planning Board staff recommend favorably on the project as presented Planning Board reviewed the Sherin and Lodgen letter and addressed the points of that letter. Planning Board commented: That if an office building could be built on the site, it would ve been done by now Member L Heureux is not in favor of this noting the possible overflow parking, not being in character with the rest of the neighborhood, and the building being too large for this sensitive piece of property Member Impemba is concerned about the number of units in the building, and the frequency in which people visit their units to get their seasonally stored items Planning Board requested: Screen mechanical units on the roof Parking analysis of storage facilities with similar amount of units as what s being proposed Submit parking counts for the Applicant s other facilities Parking would be examined in six (6) months to a year and if there is an issue the Applicant will address it Public Comment: Thomas Gorman of Sherin and Lodgen representing the Burlington Group noted Woburn would not allow any more storage facilities and their rationale. Ed LoTurco, Conservation Commission member, noted the Conservation Commission has not voted, and that the landscaping plan is extensive. Catherine Moore, Stoneham, Friends of Mary Cummings Park member, requested the ITE (Institute of Transportation Engineers) citation for storage facilities. Linda Turner, 50 Seven Springs Lane, noted the rental apartments have no storage and she supported revisiting the traffic issue. Judith Ober, 44 Seven Springs Lane, clarified that 12 parking spaces would be on site, and she had concerns about the lighting facing seven springs. David Hughes, 11 Marigold Way, had concerns about the storage facility going out of business and the building turning into a white elephant. Planning Board Minutes April 5, 2018 Page 7

10 Shari Ellis, 3 Hickory Lane, TMM precinct 3, suggested spending the applicant s funds on a flashing light crosswalk by Oracle to the bike path. MOTION To close the public hearings on these matters. APPROVED: MOTION To approve the Special Permits (item 7.b and 7.c), as requested by Jumbo Capital Management, for the property located at Off Wheeler Road (Map 52 Parcels 4 & 6). APPROVED: (Member L Heureux opposed) MOTION To approve the Site Plan, as requested by Jumbo Capital Management, for the property located at Off Wheeler Road (Map 52 Parcels 4 & 6). APPROVED: (Member L Heureux opposed) MOTION To continue the meeting past 11pm. APPROVED: e) Continued Public Hearing Application for Approval of a Site Plan 145 South Bedford Street Northeastern University, Applicant Applicant Representatives: Robert Buckley Attorney Riemer & Braunstein, LLP Kristine Hung Attorney Riemer & Braunstein, LLP Rachel Spiller Director of Administration at the Innovation Northeastern University Campus in Burlington James Brand Director of Space and Capital Planning Northeastern University Cathy Spingleman Vice President of campus planning and Northeastern University development Chris Baylow Architect EYP Architects Jeff Parenti Traffic Engineer Nitsch Egnineering Mike Rogers Landscape Architect LARK Studio Changes since the last meeting: Intersection of South Bedford Street and Cambridge Street/Road (Route 3) concept plan: widening the roads, adding turning lanes with striping, and moving some telephone poles o City of Woburn has been involved with these discussions Justified the building placement and the elements that need to be worked around such as the underground silos, cost, and campus operations Access to Mary Cummings Park was moved closer to the entrance driveway Planning Board Minutes April 5, 2018 Page 8

11 o City of Woburn new access to their water town easement will be provided Parking area behind the building will be removed Screening between the building and Mary Cummings Park includes: columnar trees against the building, arborvitae and large grasses for utility coverage, black vinyl covered fence along the property line with vines, and planting deciduous trees at the re-located trail access point o This will be done in conjunction with the Trustees Planning Board commented: Building façade and color did not change Interior light trespass into Mary Cummings improved with landscaping o Request the amount of light trespass View of the landscaping five years from now and in the winter Applicant will gather additional information on the under ground silos for when they decide to build on it Inability to move roof top core because it reduces the floor plate efficiency o Request educating members on roof top cores Applicant noted the green roof is a campus amenity and should face inward for connection Request screening the drone cage Include Trustees and Friends of Mary Cummings in discussions about Mary Cummings The Dover Amendment s effects on the applicant accepting the Planning Board suggestions Public Comment: Jonathan Sachs, 12 Oxbow Lane, TMM Precinct 7, Friends of Mary Cummings Park member, requested the applicant repair the historic stonewall in Mary Cummings, and keep the gate to the campus open on weekends to allow visitors access to Mary Cummings. The drone cage should be screened, and the proposed landscaping cannot cover the entire building. Member Raymond left the meeting at 12:55am. Mildred Nash, 39 Sunset Drive, TMM Precinct 3, noted the Planning Board should take more time before making a decision. Steven O Leary, President of the Friends of Mary Cummings Park, and Shari Ellis, 3 Hickory Lane, TMM Precinct 3, requested the Planning Board examine the light and noise pollution. David Webb, 23 Eugene Road, TMM Precinct 7, clarified that additional comments could be ed to Planning@burlington.org MOTION- To continue this matter to the Planning Board meeting of April 19, Planning Board Minutes April 5, 2018 Page 9

12 8. Minutes NONE 9. Other Business a) Discussion None. 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 1:09 am. Respectfully Submitted, Approved by, Noelle Judd, Recording Clerk Barbara L Heureux, Member Clerk Minutes accepted at the Planning Board meeting of June 21, Minutes filed with the Town Clerk on August 2, 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 5, 2018 Page 10