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

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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 Hearing Room of the Burlington Town Hall, 29 Center Street.

1 Town of Burlington Planning Board Minutes of the Planning Board Meeting of January 7, Chairman L Heureux called the January 7, 2016 Regular Planning Board Meeting to order at 7:04 p.m. in the Main Hearing Room of the Burlington Town Hall, 29 Center Street. Members Present: Member Covino, Member Gaffney, Vice Chairman Kelly, Member Clerk Raymond, and Member Perna Member Absent: Member Impemba Also Present: Planning Director Kassner, Senior Planner Morris, and Assistant Planner Elizabeth Bonventre Continuances MOTION To take item 7.d 7.e and 7.f together and out of order. d) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Discharge from manmade structures into the wetlands of the Zoning Bylaws 60 Blanchard Road JAM Holdings, Inc., Applicant e) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section Special Permit for increasing the maximum parking space requirements for specific Non-Residential and Non-Educational Uses of the Zoning Bylaws 60 Blanchard Road JAM Holdings, Inc., Applicant f) Continued Public Hearing Application for Approval of a Site Plan 60 Blanchard Road JAM Holdings, Inc., Applicant No testimony taken on this matter. MOTION - To continue these matters to the Planning Board meeting of January 21, 2016 as requested by the applicant s attorney in an dated January 7, Planning Board Minutes January 7, Page 1

2 MOTION To take item 7.h out of order. h) Continued Public Hearing Application for Approval of a Site Plan 225 Middlesex Turnpike Evotext, Applicant No testimony taken on this matter. MOTION - To continue this matter to the Planning Board meeting of February 18, 2016 as requested by the applicant s attorney in an dated January 5, MOTION To take item 7.i and 7.j together and out of order. i) Continued Public Hearing Petition to adopt a new Zoning and Overlay Map, Aquifer and Water Resource District Map, Wireless Communications District Map, Civic Center and Central Business District Map Submitted by the Planning Board j) Continued Public Hearing Petition to amend the Zoning Bylaw, Article III Districts to provide updated map references for the Zoning and Overlay Map, the Aquifer and Water Resource District Map, The Wireless Communications District Map, and the Civic Center and Central Business District Map Submitted by the Planning Board No testimony taken on this matter. MOTION - To continue these matters to the Planning Board meeting of January 21, MOTION To take item 7.k out of order. k) Continued Public Hearing Petition to amend the Zoning Bylaw, Article II Definitions and Article IV Use Regulations to address and define uses pertaining to Residence Hotels Submitted by the Planning Board No testimony taken on this matter. MOTION - To continue this matter to the Planning Board meeting of February 18, 2016, as requested by the applicant. Planning Board Minutes January 7, 2016 Page 2

3 2. Citizens Time No one spoke. 3. Announcements Master Plan Steering Committee: o Wednesday, January 13, 2016 at 7:30am Town Hall Annex Martin Luther King Day Monday, January 18 Town Hall offices will be closed Town Meeting Information Meeting Thursday, January 14 & 21 at 6:30-8pm Grandview farm Conference Room The 37 th Massachusetts Municipal Association Annual Meeting and Trade Show Friday, January 22 and Saturday, January 23 Hynes Convention Center and the Sheraton Boston Hotel, Boston o View full meeting schedule at: Town Meeting Monday, January 25 at 7:30pm Burlington High School 4. Legal Notices of Interest NONE 5. Non-Approvals NONE 6. Administrative Matters NONE 7. Matters of Appointment MOTION To take item 7.a and 7.b together for discussion purposes. a) *Public Hearing Application for Approval of a Special Permit pursuant to Section Hotel of the Zoning Bylaw 1 Burlington Mall Road Pyramid Burlington Market, Applicant b) *Public Hearing Application for Approval of a Special Permit pursuant to Section Retail uses in support of a hotel or motor hotel such as dining halls, restaurants, cafeterias, soda or dairy bars, and shops wholly within the hotel or motor hotel building of the Zoning Bylaws 1 Burlington Mall Road Pyramid Burlington Market, Applicant Plans & Reports discussed: Marriott Hotel, Burlington Massachusetts, prepared by H.W. Moore, dated July 22, 1981, revised to November 15, 1984, red-lined and received June 3, 2013 "Parking Count, Marriott Hotel", prepared by Collins Engineers, Inc, dated May 9, 2013 Planning Board Minutes January 7, 2016 Page 3

4 "Occupancy Comparison and Life Safety Diagrams," and "Porte Cohere Parking Existing and Revised Plans," both prepared by Joseph E. Rabun, Architect, dated February 22, Application Representative: Tim Brett Manager Pyramid Hotel Group Robert Buckley Attorney Riemer and Braunstein, LLP Mr. Buckley summarized the Pyramid Hotel Group has been running the Burlington Marriott for the past four years, and have recently acquired the hotel. The permits need to be reissued with the applicant s name on them. Mr. Brett will continue to oversee this hotel on a regional level. Planning Board staff had no comments. Member Gaffney requested the architectural lighting be a steady white muted light. That condition was added to the decision. The applicant discussed their involvement with the Middlesex 3 Coalition. Vice Chairman Kelly stated there are no departmental reports. No public comment was offered. MOTION To close the public hearing. MOTION To approve item 7.a and 7.b Special Permits, requested by Pyramid Burlington Market, for property located at 1 Burlington Mall Road. c) *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 Street Burlington, MA prepared by Weston & Sampson dated November 12, 2016 Exterior elevation plan entitled Roger s Piano Fit-Up 135 Cambridge Street Burlington, MA prepared by Golemme Mitchell Architects, LLC dated October 16, 2015 Application Representative: Mark King Engineer Weston & Sampson George Mautner Vice President Key Construction Solutions David Caron Principal Key Construction Solutions Carol Wu Owner Roger s Piano Planning Board Minutes January 7, 2016 Page 4

5 Mr. Mautner explained the site use as a piano store, piano warehouse, and school/sound studios/auditorium type functions. Mr. King explained the existing conditions and proposed site plan details. He also discussed the pedestrian access to the site. Planning Board staff commented: The safety officer has not made an official report but relayed verbally that a right turn only in and out of the site is preferred, and to replace the grass strip median with something else Planning Board staff requested: A narrative of the business operations Planning Board members commented about: This site is part of the town center overlay district o Do the proposed piano keys along the roof match the overlay district down town colonial vision? o This site needs to encourage pedestrian access The proposed exterior renovation plans The snow storage location in the back Run off of water and how it is going to be treated Burlington High School would be a good place for recitals Future plans for a recording studio Planning Board members requested: Registering the pedestrian access easement at the registry of deeds The dumpster enclosure be shown on the plans Some of the 89 parking spaces being left green, until they are needed, to increase green space Upgrading the side walk to vertical granite curbing Street lighting to match neighboring developments which is in line with the town center over lay district regulations The applicant stated: The median may need to be kept as grass because of the comments from the Fire Department The existing driveway along the back of the front building would be best for pedestrian access They plan to go back to the 3A Committee The façade on the front of the buildings will not be changed because the applicant plans to remove the buildings They have not opened a hearing at the Board of Health o Next Board of Health meeting: Tuesday, January 26 at 7pm Town Hall Main Hearing Room Amount of piano expected to be delivered is minimal, and with small box trucks Their other location is in Natick Planning Board Minutes January 7, 2016 Page 5

6 Vice Chairman Kelly read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received Inspector of Buildings See Comments 1/7/15 DPW/ Engineering No Objection 1/7/15 Police Dept. Not Yet Received NA Fire Dept. No Comments 12/31/15 Board of Health Not Yet Received NA Conservation See Comments 12/14/15 No public comment was offered. MOTION To continue this matter to the Planning Board meeting of February 4, DISCUSSION: The Planning Board determined that this matter should be continued until after the applicant s Board of Health hearing. g) Continued Public Hearing Application for Approval of an Amendment to a Definitive Subdivision Woodland Farms, Sorelle Real Estate, LLC - Applicant Plans & Reports discussed: Easement Plan of Land in Burlington & Lexington, Massachusetts prepared by Keenan Survey dated January 19, 2016 Plan entitled Easement Plan of Land in Burlington & Lexington, Massachusetts prepared by Keenan Survey dated October 20, 2015 Plan entitled Subdivision Plan Burlington, Woburn & Lexington Massachusetts at Sorelle Place prepared by VTP Associates, dated October 1, 2013 and revised to November 29, 2013 Application Representative: Thomas Murphy Attorney Shea, Murphy & Gulde Bruno Gallinelli Resident 1 Opi Circle, Lexington MA Nico Gallinelli Resident Woburn, MA *Absent: land owner, Aldo Gallinelli of Sorrelle Place Mr. Murphy summarized the history of this subdivision, some of the concerns about the development, and how it got to where it is today. Vice Chairman Kelly read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received Planning Board Minutes January 7, 2016 Page 6

7 Inspector of Buildings See Comments 1/7/2015 DPW/ Engineering Not Yet Received NA Police Dept. Not Yet Received NA Fire Dept. See Comments 6/11/2015 Board of Health No Comments 12/29/2015 Conservation See Comments 6/18/2015 Planning Board staff requested: The applicant attend the joint department head meeting, because there needs to be a discussion about the utilities and easements Indicating the location of all the utilities on the As-Built plan A list of what is left to do by the applicant s engineer Planning Board staff discussed how the submitted plan is not a complete As-Built plan, and the procedure for a subdivision, and the governing bodies of law at play with this matter (zoning law vs. subdivision law). Staff discussed the subdivision issues and zoning issues. No lots have been released from the covenant. There are 11 lots on the subdivision because a lot restriction was not noted on the plans. Planning Board staff noted, at the joint department head meeting, a list will be drawn up for the applicant to complete. Mr. B. Gallinelli stated their intent to keep this a private way. Planning Board staff request a maintenance and upkeep plan recorded in the deed. Mr. N. Gallinelli explained that his lot resides in Woburn. Only his utilities span across properties in Burlington and his frontage is in Burlington. He requests his lot get released from the covenant as soon as possible because he needs to get a mortgage. No public comment was offered. MOTION To continue this matter to the Planning Board meeting of January 21, Minutes None 9. Other Business a) Discussion 1. Board of Appeals Marriott Residence Inn Written summary Planning Board Minutes January 7, 2016 Page 7

8 BOA requested a written summary from the Planning Board explaining the process the Planning Board went through for the Memorandum of Agreement. Chairman L Heureux read the summary into the record. Member Covino gave his opinion that if Town Meeting did not want to compromise on the cook tops then they would not have voted in favor of the MOA, but rather uphold the letter of the PDD MOTION The Planning Board hereby accepts the summary and requests it be submitted to the Board Of Appeals Chairman. APPROVED: (Member Covino abstained) Verbal explanation of the PDD intent The Planning Board representatives at the Board of Appeals will inform the BOA that it is difficult to know what 108 town meeting member s intent of the PDD was. MOTION The Planning Board approved Vice Chairman Kelly and Chairman L Heureux to represent the Planning Board at the Board of Appeals meeting. Extension of Time The statutory dead line for a decision from the BOA is 100 days. MOTION To grant an extension of time for a decision to March 4, Attorney Ronald Ruth of Sherin and Lodgen LLP letter The Planning Board discussed a response to the letter. The letter will include that the Planning Board is open to proceeding with the approved amended MOA from the Planning Board meeting of December 3, The Planning Board grants Chairman L Heureux and Vice Chairman Kelly permission to approve the letter after staff writes it. 3. Board Of Appeals Meeting The December 23, 2015 letter mentioned at the last BOA meeting, the Planning Board members requested a copy. The Planning Board staff agreed to distribute that. Planning Board Minutes January 7, 2016 Page 8

9 4. Subcommittee 60 Blanchard Road - Data Com Monday, January 11 at 2pm - Town Hall Annex basement 5. Medical Marijuana Dispensary Planning Board staff has no update. 6. Advanced Auto Parts Building Inspector sent information to Town Council, and is awaiting a response. Town Council has reached out to Planning Board staff about setting up a meeting to discuss this matter. 7. Board of Appeals Meeting of January 5, 2016 DVD Planning Board members requested Planning Board staff make DVD copies and distribute them to the members. b) Correspondence c) Reports from Town Counsel d) Subcommittee Reports e) Unfinished Business f) New Business MOTION - To adjourn at 9:36pm Respectfully Submitted, Approved by, Noelle Judd, Re Minutes accepted at the Planning Board meeting of ha...y 2'; '201 G Minutes filed with the Town Clerk on ~ ~, fo\<.o 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 - January 7, Page 9

Town of Burlington Planning Board

Town of Burlington Planning Board Minutes of the Planning Board Meeting of September 18, 2014 1. Chairman Kelly called the September 18, 2014 Regular Planning Board Meeting to order at 7:03 p.m. in the