Plan entitled "76 & 78 Cambridge St in Burlington Middlesex County Massachusetts", dated November 15, 2013, prepared by Commonwealth Engineering, Inc.

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2 Plan entitled "76 & 78 Cambridge St in Burlington Middlesex County Massachusetts", dated November 15, 2013, prepared by Commonwealth Engineering, Inc. Project manager Erich Nietzsche of Commonwealth Engineering, Inc. and director Eric Cosman Jr of Cosman Medical represented the application. Vice Chairman Kelly disclosed he formally sold medical products that were designed by Eric Cosman s grandfather. Vice Chairman Kelly explained this would not effect his decision. Planning Director Kassner recommends continuing these items because of the departmental comments that have not come in, and to allow staff to address the departmental comments that have come in. Member Impemba suggested a site visit. Mr. Cosman described his business as a medical device manufacturer. Mr. Nitzsche explained the minor engineering changes: Trench drain o No water will flow to Cambridge Street o No increase water run-off on or off site 7 additional parking spaces (between 76 and 78 Cambridge Street) No changes to the curb cuts Proposed Driveway: Senior Planner Benjamin was concerned about the proposed driveway between the two properties, because of its proximity to Cambridge Street; the car headlights in the driveway could shine against Cambridge Street traffic. The Planning Board and the applicant discussed the issue. Vice Chairman Kelly 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 December 4, 2013 Police Dept. Not Yet Received N/A Fire Dept. Not Yet Received N/A Board of Health Not Yet Received N/A Conservation See Comments December 5, 2013 Member Cummings explained she approves of the additional 7 parking spaces but disapproves of the 22-foot width of the driveway. She suggests making it more of a wide walking path, perhaps 12 feet. Mr. Cosman agreed that would be reasonable. He explained the purpose of the connecting the driveway was for snow plowing. Member Cummings had concerns about the wetlands. Mr. Nietzsche explained the work is outside the 100 feet buffer zone and doesn t trigger Conservation Commission jurisdiction. Planning Board Minutes December 5, 2013 Page 2

3 Traffic Circulation: Mr. Cosman explained the traffic on site: 35 employees between the two buildings o Currently there is enough parking for all employees 1 monthly box delivery 6 daily shipments from UPS or FedEx Landscaping: Member Roth discussed the landscaping. Mr. Cosman suggested adding bushes. Member Clerk L Heureux pointed out the bushes could address Senior Planner Benjamin s concern. Chairman Raymond recommended adding a row of vegetation along Cambridge Street. Mr. Cosman responded driver visibility is important for safety and in the current state there have been no accidents. Mr. Cosman agreed to consider the recommendations. Signage: Senior Planner Benjamin asked about signage on the building. Mr. Cosman answered there is none. No public comment was offered. MOTION - To continue these matter to the Planning Board meeting of January 16, Matters of Appointment MOTION - To take items 8.a and 8.b together for discussion purposes. APPROVED: (Vice Chairman Kelly stepped away momentarily) a) *Public Hearing Petition to amend the Burlington Corporate Center Planned Development District Zoning Bylaw Provisions Submitted by M11 Realty LLC, Applicant b) *Public Hearing Petition to rezone property to the Burlington Corporate Drive Planned Development District (PDD) 80 & 82 Cambridge Street M11 Realty LLC, Applicant Professional Engineer Frank DiPietro 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 explained the benefits of this project to the town and addressed Planning Board concerns: Planning Board Minutes December 5, 2013 Page 3

4 Less traffic / less building square footage / more set back than existing building For sale cars are behind the building, and front parking are for costumers only Lighting complies with the most stringent lighting bylaw / less power consumption Single entrance and exit to property Car carriers o Will not stop on Cambridge Street o Unload between 10am and 4pm Letter of agreement with car carrier company o Will not travel through the center of town o Will exit southern curb cut and go onto route 95 Back exit for emergency vehicles only Generate tax revenue and add 50 jobs to Burlington Landscaping would benefit the wetlands Mr. Cram will have full reports to Planning Board staff by this week. Mr. O Neill explained the special conditions including: Upgraded sidewalks and accessible ramps Pedestrian crossing design Landscaping along Cambridge Street Drainage and discharge system upgrade o New stormwater design Reduction overall water usage and sanitary sewer Vertical granite curbing No trucks driving on Route 62 The warrant would be printed just after Christmas. Planning Director Kassner spoke about her discussion with Town Counsel in regards to the Corporate Drive PDD. Mr. Di Mauro had discussions with attorney Robert Buckley of Riemer and Braunstein. The suggestions Mr. Buckley made have been incorporated in the documents, and submitted for further review. Attorney Mark Vaughan of Reimer & Braunstein confirmed Mr. Buckley was representing the Davis Company. Daniel Hanafin, TMM Precinct Seven, 4 Maple Street, spoke in support of the project noting the pleasant appearance of the dealership, the reduction of traffic, and the proposed tenant would maintain their facility for the long term. Member Covino suggested the applicant research a warning light for the entrance and exit to the property. Mr. Di Mauro agreed. Items "a and "b" MOTION - To continue these matters to the Planning Board meeting of January 16, Planning Board Minutes December 5, 2013 Page 4

5 c) *Public Hearing Application for Approval of a Site Plan 11 Cambridge Street First Choice Dental Group, Applicant Plans & Reports discussed: Plan entitled, Preliminary Plan of Land, 11 Cambridge Street, Burlington, Mass, prepared by Field Resources, Inc, dated August 30, 2012 Dr. Samuel Lee, DDS of First Choice Dental Group represented the application. Dr. Lee updated the site plan. Senior Planner Benjamin explained the site plan as an as built plan because it was decided the applicant could either bring the site into conformance of the approved site plan or draw a plan that reflected what was currently on the grounds. The department comments are reflective of what is out there currently. Vice Chairman Kelly 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 Comment November 1, 2013 Police Dept. Not Yet Received N/A Fire Dept. No Comments October 16, 2013 Board of Health No Comments October 12, 2013 Conservation Not Yet Received N/A Member Roth asked were there improvements required and did the applicant make those. Senior Planner Benjamin answered improvements were made prior to the site plan. Vice Chairman Kelly asked who occupies the building. Dr. Lee answered the building is 8,500 square feet and First Choice Dental occupies 2,000 square feet. The Planning Board discussed oddities with the site plan, including the absence of a dumpster, and storm drains. Dr. Lee pointed out the drawing was done in 2012, and the dumpster was added after that. Senior Planner Benjamin commented the applicant is out of conformity with his own plans. Member Roth would like to visit the site for a better understanding of what has been done and what needs to be done. No public comment was offered. Planning Board Minutes December 5, 2013 Page 5

6 MOTION - To continue these matters to the Planning Board meeting of January 16, MOTION To take items 8.d 8.e 8.f 8.g and 8.h together for discussion purposes. APPROVED: (Member Impemba recused himself) d) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Restaurants of the Zoning Bylaws 15 South Avenue National Development, Applicant e) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Increasing the maximum parking space requirement for specific Non-Residential and Non-Educational Uses of the Zoning Bylaw 15 South Avenue National Development, Applicant f) Continued Public Hearing Application for Approval of a Site Plan 15 South Avenue National Development, Applicant g) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Theaters and cinemas of the Zoning Bylaws 20 South Avenue National Development, Applicant h) *Discussion Application for Approval of a Minor Engineering Change 20 South Avenue National Development, Applicant Attorney Mark Vaughan of Reimer & Braunstein, Senior Vice President Marc Paris of National Development, traffic engineer Vinod Kalikiri, P.E. and project manager Karen Staffier of Vanasse Hangen Brustlin, Inc. represented this application. Planning Director Kassner reviewed the site plan approval terms and conditions 3a-e. The Planning Board discussed the wording and implications for the future possible spine road in the decision. Mr. Vaughan explained the purpose of the 20 year easement cap was if the roadway is not feasible and the applicant did not want a permanent encumbrance on the deed. Member Roth pointed out the town could abandon the easement if it is not feasible. Vice Chairman Kelly read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received Board of Selectmen Not Yet Received N/A Planning Board Minutes December 5, 2013 Page 6

7 Inspector of Buildings No Comments October 17, 2013 DPW/ Engineering See Comments October 22, 2013 Police Dept. See Comments November 19, 2013 Fire Dept. See Comments September 25, 2013 Board of Health See Comments November 15, 2013 Conservation See Comments November 20, 2013 Vice Chairman Kelly spoke about the implications of the applicant s ability to "reasonably approve the design." The Planning Board discussed ways the applicant could veto the roadway based on this. Vice Chairman Kelly recommended the applicant trace an easement on the property where Burlington could build a roadway. Mr. Vaughan pointed out the 40-foot long rectangular area at the mouth of the driveway that could be granted, but where it connects to after that was unclear. Member Impemba suggested granting that rectangle area and have the easement fan out after that, to accommodate whichever way the road goes. The Planning Board wants the easement shown on the plans. No public comment was offered. Item "d" Special Permit (Restaurant), Item "e" Special Permit (Increasing the maximum parking space requirements), Item "f" Site Plan MOTION - To continue items 8.d 8.e and 8.f to the Planning Board meeting of January 16, APPROVED: (Vice Chairman Kelly and Member Cummings Opposed) Item g Special Permit MOTION- To approve a Special Permit request by National Development for property located at 20 South Avenue. Planning Director Kassner pointed out this is an amendment to the special permit, and the previously approved Special Permit included a shuttle bus and police detail. Mr. Vaughan responded the shuttle bus was extinguished in 2011 because of lack of use and a letter was sent to the Planning Board. Also the cinema would hire police detail if it were deemed necessary, without the obligation. Mr. Paris said the permit documents are for 990 seats, and the name of the operator is AMC Cinema. Mr. Vaughan agreed to provide the official title. Planning Director Kassner summarized exhibit B, and discussed the difficulties with a crosswalk from AMC to Burlington Mall. Planning Board Minutes December 5, 2013 Page 7

8 APPROVED: (Vice Chairman Kelly Opposed) Item h Minor Engineering Change MOTION To continue item 8.h to the Planning Board meeting of January 16, Member Roth suggested scheduling a subcommittee meeting to gather all the plans that relate to the future spine road. MOTION To take items 8.i 8.j 8.k and 8.l together for discussion purposes. i) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Parking garages and/or parking structures for more than three (3) vehicles including both enclosed and open garages and structures above and below ground of the Zoning Bylaws 6, 8, 10 Van de Graaff Drive Oracle America, Inc., Applicant j) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Increasing the maximum parking space requirements for specific Non-residential and Non-Educational Uses of the Zoning Bylaws 6, 8, 10 Van de Graaff Drive Oracle America, Inc., Applicant k) Continued Public Hearing Application for Approval of a Site Plan 6, 8, 10 Van de Graaff Drive Oracle America, Inc., Applicant l) *Discussion Application for Approval of a Minor Engineering Change 4 Van de Graaff Drive Oracle America, Inc., Applicant Attorney Mark Vaughan of Reimer & Braunstein, LLP; traffic engineer Vinod Kalikiri and Conor Nagle, P.E. of Vanasse Hangen Brustlin, Inc.; senior project manager Jonathan Ricker of CSL Consulting, Inc.; senior project architect Roger Lipman of Spagnolo Gisness & Associates; senior real estate project manager Mark Williams of Oracle represented the application. Member Roth summarized the subcommittee meeting discussion: 4 traffic counts in year one, 2 traffic counts in year two Submitting raw traffic count data from Blanchard Road and Van de Graaff Drive in year one Constructing sidewalks on Blanchard Road, and granting an easement in the areas that currently have engineering challenges Traffic management program o If employees carpool, the driver leaves early, the taxi ride home for the passenger is reimbursed by the company Planning Board Minutes December 5, 2013 Page 8

9 Commitment to reach out to other tenants on Van de Graaff Drive Vice Chairman Kelly spoke on behalf of Howie Strachan, 96 Muller Road: On South Bedford Street at the intersection of Burlington Mall Road the right lane gets backed up whereas the left lane is empty. o Mr. Vinod agreed to look at that The intersection of Blanchard Road & South Bedford Street, and Wheeler Road & Middlesex Turnpike need signs to prevent cars from blocking the intersection. o Mr. Williams agreed to the couple of signs Get base line traffic counts at Muller Road prior to construction, by way of the DPW traffic counters. o Planning Director Kassner responded that request would need to go through the Board of Selectmen Member Cummings discussed the language used in the traffic monitoring agreement, specifically the word consecutive in the Site Plan approval 13.d. The word was removed. Member Covino asked about construction trucks using Muller Road. Mr. Williams agreed to have a condition that construction trucks not use Muller Road. Attorney John Reidy of Bishop & Reidy, P.C. representing American Landmark III, LLC owner of 3 V.D.G. Drive building asked for a copy of the draft set of conditions. Planning Staff distributed that to him. Item i and j Special Permits MOTION - To close the public hearing in these matters. MOTION - To approve a Special Permit requests by Oracle America, Inc. for property located at 4 Van de Graaff Drive. Item k Site Plan MOTION To close the public hearing on this matter. MOTION To approve an increase in the maximum floor area ratio to.23 for Oracle America, Inc. for property located at 4 Van de Graaff Drive. APPROVED: (Member Impemba opposed) Planning Board Minutes December 5, 2013 Page 9

10 MOTION To approve a Site Plan request by Oracle America, Inc. for property located at 4 Van de Graaff Drive. APPROVED: (Member Impemba opposed) Item l Minor Engineering Change MOTION To approve a Minor Engineering Change request by Oracle America, Inc. for property located at 4 Van de Graaff Drive. m) Continue Public Hearing Petition to amend the Zoning Bylaw, Article II Definitions and Article IV Use Regulations to address and define uses pertaining to structured parking Submitted by the Planning Board No testimony taken on these matters. Planning Board requested this item be first on the February 20, 2014 agenda. MOTION To continue this matter to the Planning Board meeting of February 20, Other Business a) Discussion MOTION The Planning Board hereby authorizes the release building lot number 3 (7 Fantasia Lane) within the Carlina Way Definitive Subdivision from the Conditional Approval Covenant for building purposes only, in exchange for a surety in the amount of $2,000. b) Correspondence None. c) Reports from Town Counsel None. d) Subcommittee Reports 1. Medical Marijuana Member Clerk L Heureux said the police chief had agreed to attend a subcommittee meeting to discuss the bylaw. She will distribute an agenda to Planning Board members to comment on. Planning Board Minutes December 5, 2013 Page 10

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