Minutes of the Planning Board Meeting of June 7, 2018

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1 Town of Burlington Planning Board Minutes of the Planning Board Meeting of June 7, Chairman Kelly called the June 7, 2018 Regular Planning Board Meeting to order at 7:03 p.m. in the Main Hearing Room of the Burlington Town Hall, 29 Center Street. Members Present: Member Covino, Member Gaffney, Vice Chairman Perna, Chairman Kelly, Member Raymond, and Member Clerk L Heureux Not Yet Arrived: Member Impemba Also Present: Planning Director Kassner, Senior Planner Morris 2. Citizens Time No one spoke. 3. Announcements North Suburban Planning Council - Economic Development Breakfast Thursday, June 14 at 8:30am New Horizons at Choate, Woburn Burlington Mall Subcommittee meeting Thursday, June 14 at 4pm Town Hall Annex Basement o Discussion: future of the Burlington Mall Town of Burlington was awarded a $26,000 planning grant to complete climate change and vulnerability assessment and develop a resiliency plan through the Municipal Vulnerability Program (MVP) o If Burlington is an MVP community, the town can apply for grants from the state having to do with climate change Member Covino wished his wife a happy 50 th wedding anniversary Planning Board expressed condolences to the friends and family of George Major, member of the Beautification Committee Member Impemba arrived to the meeting at 7:08pm. 4. Legal Notices of Interest NONE Planning Board Minutes June 7, 2018 Page 1

2 5. Non-Approvals NONE 6. Administrative Matters a) *Discussion Application for Approval of a Minor Engineering Change 114 Terrace Hall Avenue Town of Burlington, Board of Selectmen, Applicant Jeff Shaw Principle Context Architecture James Downing Engineer Howard Stein and Hudson Mr. Shaw explained the previously approved driveway curb cut width was 41 feet, and the request is to change that to 60 feet to allow the fire trucks to back up into the garage on site, and not in the roadway. The change to impervious area is approx. 540 square feet and no trees will be affected. Mr. Downing explained the request to change the drainage system from an infiltration system to a detention system, because during excavation it was discovered that the seasonally high ground water was higher than expected. To create the detention system a liner will be added to the infiltration system. Vice Chairman Perna read the departmental reports. Planning Director Kassner stated that staff had no issue with the proposed changes. She commented that the applicant should ensure the trees along Middlesex Turnpike are included in the plans and if possible continue the sidewalk as far past their site as possible paid for with the $30,000 from the Ferguson project and Town Meeting approved funding. Mr. Downing and Shaw noted the sidewalk expansion is not part of scope for the project. The applicants agreed to have that conversation with the town, because there is no issue with engineering it. Possibility of the ground water being higher than tops of the drainage structures o Buoyancy calculations were submitted, and the structures as proposed will be sufficient Effects of the well fields not being pumped will be minimal on this project BOA signage condition Fire Department sign must be bigger than the building number sign Planning Board approval would be subject to the Board of Health approval Requested the 19 feet of sidewalk the applicant is not building, because of the curb cut widening, to be constructed off site on Terrace Hall Avenue Requested a follow up on the buoyance calculations post construction Planning Board Minutes June 7, 2018 Page 2

3 MOTION To approve the minor engineering change, requested by Town of Burlington, Board of Selectmen, for the property located at 114 Terrace Hall Avenue. b) *Discussion Application for Approval of a Minor Engineering Change 209 Cambridge Street Princess Diamonds, Inc., Applicant Charbel Hayek Owner Princess Diamonds, Inc. Planning Director Kassner explained the trigger for improvements was the requirement for a handicap ramp. The Applicant is the tenant of the building, not the owner. He plans to make significant improvements, such as adding planter beds, reconstructed the retaining wall, replace some siding, and add a stone façade at the base of the building. Staff recommended improvements to the 3-foot wide impervious strip between the sidewalk and parking lot with vegetation, and remove the temporary sandwich board sign. At the 3A Subcommittee meeting, they discussed the JamesHardie siding color, stone façade, and building lighting. Member Impemba noted the Applicant is amenable and has a willingness to comply. The materials and renderings have not been submitted. He recommended approval, contingent upon conversations with the 3A subcommittee and staff. Vice Chairman Perna read the departmental reports. Requested an update from Member Impemba at the next meeting Noted the no temporary signs conditions Requested externally lit signage MOTION To approve the minor engineering change, requested by Princess Diamonds, Inc., for the property located at 209 Cambridge Street. 7. Matters of Appointment a) Continued Public Hearing Application of Approval of a Special Permit pursuant to Section Nonconforming Structures and Premises of the Zoning Bylaw 121 Lexington Street 121 Lexington Street Realty Trust, Applicant Planning Board Minutes June 7, 2018 Page 3

4 Thomas Murphy Attorney Shea, Murphy & Gulde, P.C. Joseph Currier Trustee 121 Lexington Street Realty Trust Richard Bertone Trustee 121 Lexington Street Realty Trust Mr. Murphy noted the actions taken since the last meeting: Met with abutters on site Site visit with the Planning Board Submitted building redesign based on comments, changes include: o Total bedrooms from 9 to 8 o 1.5 bathrooms to 2 bathrooms per unit o One garage door per unit Planning Director Kassner noted the renderings were submitted to get an understanding of whether the Applicant was going in the right direction. A stonewall will be built along the front to satisfy the Historical Commission, and staff recommended pulling the wall further away from the road. Staff requested a roadway easement to expand the sidewalk so when the sidewalk is reconstructed it will have room for a grass strip, which will create continuity with the rest of sidewalk on Lexington Street. In an effort to make this appear as a single-family home, staff recommended landscaping behind the wall, and on both sides of the driveway to minimize the appearance of cars in the driveway from the road. Staff requested preserving the vegetation between neighbors, especially the large trees that should be marked in the field. The civil plan must be updated to reflect the changes to the rendering and staff s recommendations. The proposed building is bigger than existing by 1,000 square feet. Vice Chairman Perna read the departmental reports. Planning Director Kassner advised the Planning Board to not approve until the Conservation Commission does. Requested a rear elevation Requested the view of the building from Lexington Street List of items the historical commission wants preserved Funding for the memorial on site; cost of the laser engraved marble memorial Add funding the preservation of buildings such as these to the 6 month demolition delay bylaw List of historical homes/structures the Historical Commission would save Requested the gross vs. finished square footage numbers Planning Board noted the unfulfilled requests made at the last meeting: Census data since the construction of the homes Public Comment: Mike Tredeau, 12 Myrna Street, Member of the Historical Commission, noted the structure was built in 1782, and renovated 1936 into three (3) separate units. He suggested the Master Plan address a method for saving structures such as these. The minimum cost of saving this building Planning Board Minutes June 7, 2018 Page 4

5 is $500,000. He recommended the memorial use laser engraved marble slab, over a bronze plaque, to prevent theft, and requested that it is on the plans. Kathi Horton, 11 Westwood Street, Member of the Historical Commission, noted the Historical Commission has no funds to preserve the building. Scott O Riorden, 104 Lexington Street, expressed his sadness to losing this historical structure. He acquired the census data for 121 Lexington Street from Amy Warfield, Town Clerk, and argued that it was voluntarily abandoned noting that between the home was being used as a two-family, not a three-family, home. Member Gaffney advised the resident to go to the Board of Appeals with these arguments and appeal the Building Inspector s decision. Rose Hatch, 117 Lexington Street, wants to reserve her right to speak at a future meeting because the revised plans are not available. She appreciated the Applicant working with the residents to come a consensus. MOTION To continue this matter to the Planning Board meeting of June 21, b) Continues Public Hearing Application for Approval of a Modification to a Definitive Subdivision Plan 0 Mooney Road Richfield, LLC, Applicant Thomas Murphy Attorney Shea, Murphy & Gulde, P.C. Mr. Murphy noted in discussion with the Planning Board staff, Town Counsel, and the Applicant this lot is confirmed as grandfathered under Massachusetts General Laws. With that issue resolved, he is ready to move forward with the petition before the Planning Board, which is to amend the subdivision because the Applicant is not creating a new lot. The frontage for the site is a paper street, because it has never been laid out. The Applicant needs departmental input on the roadway construction. Planning Director Kassner noted questions in regards to the legality of this project should be held until the subcommittee meeting with the applicant, Town Counsel, staff, and any member of the community interested in attending. In 1954 this lot was created as part of Forest Park subdivision, and filed with the registry in The lot has 10,000 square feet with 90 feet of frontage on the paper street Mooney Road. In 1955, the Town of Burlington passed the bylaw to require 100 square feet of frontage, and 20,000 square feet of lot area but that any plan that was on file at the time with the registry was exempt from that. This lot meets the file with the registry exemption, but MGL Chapter 40a Section 6 gets to the question of lot vs. land as it pertains to grandfather status. The lot has changed in shape since the 1954 subdivision. Town Counsel weighed in the land shape of the entire subdivision is what maintains the grandfathered status. Based on the grandfathered status this lot requires 60 feet of frontage and 10,000 square Planning Board Minutes June 7, 2018 Page 5

6 feet of lot area. Currently, this lot does not have frontage, because the Planning Board did not approve that portion of Mooney Road as proper access and buildout of a paper street. The questions before the Planning Board are: Is this proper access to get to this lot? Is the proposal for the build out of the street consistent with subdivision rules and regulations? Does the Planning Board approve the waivers? Planning Director Kassner commented about the shape of the lot original vs. proposed vs. the town accepted as public way of Mooney Road. In 2005, the town, in a large warrant article, accepted a bunch of streets as public ways, including Mooney Road from Birch Street to Mooney Circle. The dogleg shown between this lot and 2 Mooney Road (Rose Hanafin) is still a question mark. Planning Director Kassner noted the lot and the newly configured lot are grandfathered. In 2005, the lot was transferred to a different entity where a plan was created to go with the transfer of land and the deed. The lot displayed at this meeting never went before the Planning Board to be approved as a new configuration of lot, so the configuration of lot is a question before the Planning Board as well. Some of 2 Mooney Road (Rose Hanafin) land was taken by 0 Mooney Road o Hanafin s deed matches 1954 plan, and subsequent land map are inaccurate (i.e plans); when Mooney Road was moved the dogleg created went to the developer both these discrepancy could be solved as part of this decision Chairman Kelly appointed Member Covino, Member Impemba, and himself to the subcommittee. MOTION To continue this matter to the Planning Board meeting of June 21, c) *Public Hearing Application of Approval of a Site Plan 87 Cambridge Street RP Architectural Studio, Applicant Rob Paccione Architect RP Architectural Studio James Oh Owner Highland Dental Studio Joe Kim Owner Greater Boston Family Physical Mr. Paccione explained the request to add a handicap ramp for the physical therapy patients and as result of that some parking will be re-arranged. The plan is to sub-divide the first floor to accommodate the physical therapy business and the existing businesses. Currently, Mr. Kim is located at 83 Cambridge Street. Planning Board Minutes June 7, 2018 Page 6

7 Planning Director Kassner noted the site plan on file is old and does not match what exists on site. Normally this type of change would be a Minor Engineering Change, but this had to be submitted as a site plan. Staff requested that when the handicap ramp goes in that the parking lot is re-striped. Planning Board requested the as-built plan versions. Vice Chairman Perna read the departmental reports. MOTION To close the public hearing. MOTION To approve the site plane, requested by RP Architectural Studio, for the property located at 87 Cambridge Street d) Continued Public Hearing Application for Approval of a Site Plan 181 Cambridge Street Mammoth Acquisition Company, LLC, Applicant William Proia Attorney Riemer & Braunstein, LLP Michael Coffman Principle Mammoth Development Max Puyanic CEO ConvenientMD Timothy Williams Engineer Allen & Major Associates, Inc. Kevin Correia Architect Dennis Mires, P.A. Planning Director Kassner summarized the subcommittee meeting. Fire/Police Departments weighed in that two-way traffic circulation in each direction is preferred. Concerned about compacted spaces in the corner, requested the Applicant make those as standard as possible. There is no proposed fence along this property and the self-storage. In the design discussion, they were asked to incorporate the roofline with the rest of the building, add dormers, and landscaping should have seasonal interest. She noted there is double utility pole in front of this site. Mr. Correia presented the three options for building architecture. Putting the building number on the structure To make the compact spaces bigger the applicant plans to take from the buffer between properties Planning Board Minutes June 7, 2018 Page 7

8 Externally lit sign, and the applicant requested halo lighting Eliminating the tower because it commercializes the building and doesn t make it appear colonial Entrance to the building on Cambridge Street Requested building square footage and site square footage (ratio) for their other facilities Requested amount of ambulance pick ups at the applicant s other locations MOTION To continue this matter to the Planning Board meeting of June 21, e) Continued Public Hearing Application of Approval of a Site Plan 75 Middlesex Turnpike (Burlington Mall) Burlington S&S, LLC & Bellwether Properties of MA, Applicant Mark Vaughan Attorney Riemer & Braunstein, LLP Patrick Dunford Traffic Engineer VHB Chuck Schneider Civil Engineer Simon Property Group, Inc. Jocelyn Mayer Engineer VHB Topic: Transportation and Traffic Mr. Dunford gave an overview of the traffic and its impacts - existing compared to the proposed. The total Burlington Mall leasable space is about 1.3 million square feet (including the satellite buildings and the corridor carts). Using the ITE trip generation standards and basing it on the proposed reduction in leasable space (19,000 square feet) from existing due to the proposed mall corridor, there is a reduction in traffic. Mr. Dunford did the model with the restaurants as freestanding buildings and the Tire Battery Auto (TBA) building as a separate entity and reached similar conclusions. The adaptive traffic signal at the driveway near the TBA building will work, because during the design process it assumed the full build out. Creating an entrance to the new corridor on the side facing Burlington Mall Road Sidewalk along the Middlesex Turnpike Driveway signal, with the proposed build out, during the holidays, would be level service E or F, the engineer estimates Illuminating the pedestrian crosswalk Median beautification on Burlington Mall Road Planning Board staff requested: The proposed traffic numbers from 2013 to the actual numbers Planning Board Minutes June 7, 2018 Page 8

9 Traffic management plan Traffic signal hardware age and whether parts need to be replaced MOTION To continue the meeting past 11:00pm Ms. Mayer spoke about the walkability of the TBA site with stamped crosswalks, and eliminating the median, narrowing the driveway to the Burlington Mall Road. She noted the pocket park is still being designed with a rain garden. Ms. Mayer noted the upgrades to the three catch basins in the former Sears parking lot at the request of the Conservation Commission. Ms. Mayer explained the improvements to the bus shelter on Burlington Mall Road. The applicant is requesting the MBTA 350 bus stop at a connection to the District (which is closer to the new bus stop), and the MBTA 352 bus will continue to stop at Macy s. The new bus stop at the former pickup/drop off area of Sears would service hotel shuttles, and B Line. Vice Chairman Perna read the departmental reports. MOTION To continue this matter to the Planning Board meeting of June 21, Minutes March 1, 2018 MOTION To approve the Planning Board minutes of March 1, APPROVED: (Member Covino and Member Impemba abstained) March 15, 2018 MOTION To approve the Planning Board minutes of March 15, APPROVED: (Member Impemba abstained) 9. Other Business a) Discussion Planning Board Minutes June 7, 2018 Page 9

10 1. Master Plan Hearings Planning Director Kassner suggested the Planning Board have the Master Plan hearings (Thursdays at 6:00pm) before the normally scheduled Planning Board meetings (Thursdays at 7:00pm). 2. Open Space and Recreation Plan Planning Director Kassner explained the Conservation Commission is spearheading the open space and recreation plan with a consultant and requested a representative from the Planning Board to serve on their subcommittee. Planning Board staff agreed to distribute the last plan to give members a feel Mill Street Extension of time MOTION To grant a 1-year extension of time from June 2018 to June 2019 for the 36 Mill Street subdivision plan Lexington Street Release of lot MOTION Endorsement of a form G1 to release the back lot for building purposes only. 5. Carolina Way Subdivision Release of lot Continued to the next meeting. 6. Kia cars parked on adjacent lot Planning Board staff spoke with the applicant s attorney. 7. Storage containers on Rounder Way Planning Board staff will explore the issue. 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 11:41 pm. Planning Board Minutes June 7, 2018 Page 10

11 Respectfully Submitted, Approved by, Noelle Judd, Recording Clerk Barbara L Heureux, Member Clerk Minutes accepted at the Planning Board meeting of August 16, Minutes filed with the Town Clerk on October 25, 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 June 7, 2018 Page 11

Town of Burlington Planning Board. Minutes of the Planning Board Meeting of January 7, 2016

Town of Burlington Planning Board Minutes of the Planning Board Meeting of January 7, 2016 1. Chairman L Heureux called the January 7, 2016 Regular Planning Board Meeting to order at 7:04 p.m. in the Main