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 Main Hearing Room of the Burlington Town Hall, 29 Center Street. Members Present: Member Covino, Member Gaffney, Vice Chairman L Heureux, Chairman Kelly, Member Clerk Roth, Member Raymond, and Member Impemba. Members Not Yet Arrived: Member Impemba Also Present: Planning Director Kassner, Senior Planner Benjamin Withdrawal MOTION - To take item 7.g out of order. APPROVED: 6-0-0 (Member Impemba had not yet arrived) g) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section 4.3.1.1 Renting of rooms without cooking facilities to not more than two persons in an existing dwelling by a family resident therein; provided there is no sign or display to advertise such use of the Zoning Bylaws 15 Givens Drive Cholthanee Koerojna & Mana Sanquansook, Applicant No testimony taken on these matters. MOTION - To close the public hearing on this matter. APPROVED: 6-0-0 (Member Impemba had not yet arrived) MOTION - The Planning Board hereby accepts the Applicant's request to withdraw with prejudice the Application for Approval of a Special Permit for property located at 15 Given Drive, as requested by the Applicant s Attorney in an email dated September 11, 2014. APPROVED: 6-0-0 (Member Impemba had not yet arrived) Continuances Planning Board Minutes September 18, 2014 - Page 1
MOTION - To take items 7.b 7.c and 7.d out of order and vote on them jointly. APPROVED: 6-0-0 (Member Impemba had not yet arrived) b) Continued Public Hearing Application for Approval of an amendment to a Special Permit pursuant to Section 4.2.5.9 Outdoor storage of motor vehicles intended for sale to the general public, incidental and subordinate to an Automobile Dealership use existing as of the date of adoption of this subsection, and located on an abutting lot. Such storage must be located at least 1,100 feet from the nearest residential zoning district boundary. The Planning Board shall determine the maximum number of vehicles to be stored on such parcel. Access to the parcel upon which such storage occurs shall be from the lot upon which the Automobile Dealership is located of the Zoning Bylaw 64 Cambridge Street Herb Chambers Cambridge Street LLC, Applicant c) Continued Public Hearing Application for Approval Site Plan 64 Cambridge Street Herb Chambers Cambridge Street LLC, Applicant d) Continued Discussion Application for Approval of a Minor Engineering Change 64 Cambridge Street Herb Chambers Cambridge Street LLC, Applicant (Member Impemba arrived to the meeting at 7:06 pm) No testimony taken on these matters. MOTION - To continue this matter to the Planning Board meeting of October 2, 2014 as requested by the Applicant s Attorney in an email dated September 18, 2014. MOTION - To take item 7.e out of order. e) Continued Public Hearing Application for Approval of a Special Permit pursuant to Section 12.1.5 Planned Development District of the Zoning Bylaw 1, 3, 6 & 7 New England Executive Park National Development, Applicant No testimony taken on these matters. MOTION - To continue this matter to the Planning Board meeting of October 2, 2014 as requested by the Applicant s Attorney in an email dated September 18, 2014. Planning Board Minutes September 18, 2014 Page 2
MOTION - To take item 7.h out of order. h) Continued Public Hearing Application for Approval of a Definitive Subdivision Plan 68 Wilmington Road Michael Sylvester, Applicant No testimony taken on these matters. MOTION - To continue this matter to the Planning Board meeting of October 2, 2014 as requested by the Applicant s Attorney in an email dated September 11, 2014. 2. Citizens Time No one spoke. 3. Announcements Burlington Fall Weekly Walks Burlington Master Plan, Wednesdays at 5pm o September 24 - Wildwood Park - 114 Bedford Street (parking lot on Bedford St) o October 1 - Francis Wyman Elementary School - 41 Terrace Hall o October 8 - Burlington High School - 123 Cambridge St o October 15 - Pine Glen - 1 Pine Glen Way Household Hazardous Waste Collection - Saturday September 20 at 8:30am-12, Francis Wyman Elementary School Town Meeting, Monday September 22, Burlington High School The John Lennon Educational Tour Bus, Thursday September 25-Friday September 26, Burlington High School o For details visit: www.lennonbus.org The Planning Board voted, by way of ballots, two residences (2) to the Steering Committee: o Martha Simon, TMM precinct 3, 5 Willow Way o Sally Willard, TMM precinct 4, 13 Foster Road Steering Committee Monday September 29 Summer Casual Dress Ends, Columbus Day, Monday October 13 4. Legal Notices of Interest NONE 5. Non-Approvals NONE Planning Board Minutes September 18, 2014 Page 3
6. Administrative Matters NONE 7. Matters of Appointment a) *Public Hearing Application for Approval of an amendment to a Special Permit pursuant to Section 4.2.6.9 Fast Order Food Establishments of the Zoning Bylaws 47 Middlesex Turnpike Drushti Corporation, Applicant Plans & Reports discussed: Site Plan entitled Commercial Redevelopment, Site Layout, Utilities and Groundwater Monitoring Well Management Plan, 47 Middlesex Turnpike, Burlington MA said plan prepared by Goldsmith, Prest & Ringwall, Inc., dated July 30, 2002 and received August 1, 2014. Application Representatives: Kumar Thakur Owner Subway Mr. Thakur requested approval for a change of ownership. The operations will remain the same and the signage would not change. Senior Planner Benjamin suggested, in the future, adding an item to the decision, which allows change of ownership, but not use, to be approved by the Chairman. The Planning Board could review these types of requests and the Chairman would sign off based on their feedback. The Planning Board supported the recommendation. Member Clerk Roth recommended the Planning Board refund the applicant $1350, which is difference in cost between a Special Permit ($1600) and an Insignificant Change ($250). MOTION - To refund the applicant $1350 from the General Fund Account. APPOVED: 7-0-0 The Planning Board discussed the Chairman s responsibility in regards to insignificant changes: The Chairman could Approve, Deny, or I believe this should be a Special Permit. The Staff agreed to appropriately guide applicants through the correct process. Vice Chairman L Heureux read Departmental Reports into the record: DEPARTMENTAL REPORTS Department Recommendation Date Received Board of Selectmen Not Yet Received N/A Planning Board Minutes September 18, 2014 Page 4
Inspector of Buildings No New Comments 8-19-2014 DPW/ Engineering No New Comments 8-6-2014 Fire Dept. Approval with modification 8-20-2014 Board of Health No New Comments 8-11-2014 Conservation No New Comments 8-18-2014 Mr. Thakur spoke with the Fire Department; they informed him that a change of ownership does not require another inspection. Mr. Thakur spoke about his struggles with hiring employees. The Planning Board suggested advertising at Lord Barron Apartments and Burlington High School. No public comment was offered. MOTION To close the public hearing on this matter. MOTION To approve an amendment to a Special Permit, requested by Drushti Corporation, for property located at 47 Middlesex Turnpike. f) Continued 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 The Subcommittee Meeting, held on Wednesday September 10, wanted to continue discussions about the goals of structured parking. The Planning Board discussed ideas such as: Additional green space Utilization of the topography Not incentivizing parking structures Preventing an increase in density Places a parking garage would benefit Burlington o Nokia, 5 Wayside Road o 400-600 Wheeler Road Structured parking changing the character of Burlington Not granting additional parking habitually Requiring plans which show the site with and without the structured parking The safety of a parking garage Creating formulas to follow Planning Board Minutes September 18, 2014 Page 5
Senior Planner Benjamin suggested inviting the large landowners of Burlington to the Structured Parking Subcommittee meetings to elicit ideas. The Planning Board supports the suggestion. Staff agreed to map the IG districts, which are not in a PDD, to assist Planning Board members in visualizing the places a parking structure could be built. MOTION - To continue this matter to the Planning Board meeting of October 2, 2014. 8. Minutes August 21, 2014: MOTION - to accept the Minutes of August 21, 2014 as printed APPROVED: 5-0-2 (Member Raymond and Member Impemba abstained) September 4, 2014: MOTION - to accept the Minutes of September 4, 2014 as amended APPROVED: 4-0-3 (Chairman Kelly, Member Raymond, and Member Impemba abstained) 9. Other Business a) Discussion 1. Master Plan - Advertising The Planning Board discussed advertising for the Master Plan on BCAT, town election, and the newspaper. The staff agreed to follow up with it. - Truck Day The staff walked around truck day interviewing residents for the Master Plan. Various individuals suggested things such as a community pool, a place for teenagers to go, increasing recreation opportunities, and a dog park. There was significant interest about the Building 19 site. - Visual Preference Survey Launching in a couple of weeks. 2. Building 19 site Planning Board Minutes September 18, 2014 Page 6
Chairman Kelly updated the Planning Board that he contacted Bob Hogan, Board of Selectman Chairman. BOS Chairman Hogan agreed to contact John Petrin, Town Administrator, to discuss this item further. 3. Affordable Housing Planning Director Kassner summarized the subcommittee on Wednesday September 10. According to the DHCD (Department of Housing and Community Development), Burlington has 10.3% affordable housing. The next count will be done in 2020. The staff is exploring which residential lots are potential splits and speaking with large landowners about a friendly 40B. b) Correspondence None. c) Reports from Town Counsel 1. Peach Orchard Pre-Trial Conference has been moved to October 16 d) Subcommittee Reports 1. NEEP Subcommittee Meeting Thursday September 25 at 12:30pm e) Unfinished Business None. f) New Business 1. Section 4.3.1.1 of the Zoning Bylaws Renting of rooms without cooking facilities to not more than two persons in an existing dwelling by a family resident therein; provided there is no sign or display to advertise such use. Member Roth suggested adding this item to the next agenda. He would like to discuss repealing Section 4.3.1.1. The Planning Board briefly discussed the pros and cons of repealing. MOTION To add this item to the agenda. MOTION To adjourn at 8:53 p.m. Planning Board Minutes September 18, 2014 Page 7