Town of Burlington Planning Board. Minutes of the Planning Board Meeting of April 20, 2017

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1 Town of Burlington Planning Board Minutes of the Planning Board Meeting of April 20, Chairman L Heureux called the April 20, 2017 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, Vice Chairman Kelly, Chairman L Heureux, Member Clerk Perna, Member Raymond, and Member Impemba Members Not Yet Arrived: Member Gaffney Also Present: Planning Director Kassner, Senior Planner Morris Re-organization MOTION To table this item until there is full board. APPROVED: Citizens Time No one spoke. 3. Announcements Town Meeting Monday, May 8 at 7:30pm Fogelberg Performing Arts Center Housing Forum for the Master Plan Wednesday, May 24 at 6pm location TBD o Member Raymond requested hard copies of the documents for that forum 4. Legal Notices of Interest NONE 5. Non-Approvals NONE 6. Administrative Matters a) *Discussion Application for Approval of a Minor Engineering Change 10, 25, 30, 35 Corporate Drive The Davis Companies, Applicant - Page 1

2 Plans & Reports discussed: Site Plan entitled Site Development Plans Burlington Centre 10 Corporate Drive Modified Site Plan, prepared by Tetra Tech, dated 3/13/17 Site Plan entitled Site Development Plans Burlington Centre 25 Corporate Drive Modified Site Plan, prepared by Tetra Tech, dated 3/13/17 Site Plan entitled Site Development Plans Burlington Centre 30 Corporate Drive Modified Site Plan, prepared by Tetra Tech, dated 3/13/17 Site Plan entitled Site Development The Residences at Burlington Centre Burlington MA Master Parking Plan, prepared by Tetra Tech, dated 7/21/16, revised 3/15/17 Application Representative: Robert Buckley Attorney Riemer & Braunstein LLP Christopher Chandor Developer The Davis Companies Nathan Shields Engineer Tetra Tech Mr. Buckley explained the minor engineering changes: Parking is being redistributed as part of the friendly 40B project 1,525 spaces currently, and if the minor engineering change is approved it will go to 1,891 spaces with 69 spaces in reserve Planning Board staff commented: Compact spaces will be located further away from the door, and not within the structure parking 11 spaces along Cambridge Street will be part of that reserve and built out last, or possibly eliminated Staff has no issues. Vice Chairman Kelly read the departmental reports into the record. Planning Board discussed: Parking visibility from Cambridge Street No temporary signs Lighting should be white and non-changing Member Gaffney arrived at 7:17pm. No public comment was offered. MOTION To approve a minor engineering change, as requested by The Davis Companies, for the property located at 10, 25, 30, and 35 Corporate Drive. APPROVED: (Member Gaffney abstained)

3 MOTION To take the re-organization item off the table. Re-organization MOTION To elect Vice Chairman Kelly to the position of Chairman. MOTION To elect Member Raymond to the position of Vice Chairman. MOTION To re-elect Member Clerk Perna to the position of Member Clerk. 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 Passenger stations; landing fields; sites, buildings, and facilities for other public services; public works structures of the Zoning Bylaws 38 Grant Avenue Town of Burlington, Department of Public Works, Applicant b) Continued Public Hearing Application for Approval of a Site Plan 38 Grant Avenue Town of Burlington, Department of Public Works, Applicant Plans & Reports discussed: Existing Conditions Plan, Site Plan, and Grading & Drainage Plan entitled Burlington MA 38 Grant Avenue prepared by Weston & Sampson, dated 2/22/17 Building Plans entitled New 50 x 120 x 12 Salt Storage Building Town of Burlington, Massachusetts prepared by Advanced Storage Technology Inc. Application Representative: Thomas Hayes Town Engineer Town Of Burlington Jeffrey Alberti Engineer Weston & Sampson Tyler Cofelice Engineer Weston & Sampson

4 John Sanchez Department of Public Works Director Town Of Burlington Chris Hartling Board of Selectmen Town Of Burlington John Petrin Town Administrator Town Of Burlington Mr. Sanchez explained since the last meeting he has met with the Planning Board subcommittee to review the salt shed operations. Mr. Petrin noted the DPW had two salt shed locations approved, but the Adam Street salt shed could not be built, so the Grant Avenue salt shed needs to be large. Mr. Fair added the benefits to having a larger salt shed are the trucks can dump inside the shed, which makes this more environmentally friendly, and requires less man hours. Planning Board staff commented: Design features the Planning Board should explore: o Adding arborvitaes along the side of the site that faces Shaw s o Type and orientation of building materials o Color of the building Conservation Commission conditioned improvements to the storm water structures as part of their of approval Planning Board discussed: Renderings of the horizontal clapboard on the building was not submitted Wood vs. concrete blocks for the bottom half of the shed; life expectancy of the wood Fence for security purposes/screening Gate on the road section will remain Getting money down the road for site improvements Planning Board requested: Tall arborvitaes near Cambridge Street and smaller ones as it moves to the back of the site Few feet of 6 foot fence behind the arborvitaes Upgrade the façade materials Safety gate to prevent individuals from climbing on the salt piles Uniform color from bottom to top An outline of the old salt shed fitted over the proposed salt shed Member Gaffney noted his previous request from the Planning Board meeting of March 16, 2017, for the proposed salt shed height to be staked, with the use of balloons, was not fulfilled. The Planning Board subcommittee will discuss the items requested of the applicant. Chairman Kelly appointed Member Impemba and Member Gaffney to the subcommittee. No public comment was offered. MOTION To close the public hearing on the special permit matter.

5 MOTION To approve a special permit, as requested by Town of Burlington, Department of Public Works, for the property located at 38 Grant Avenue. APPROVED: (Member Gaffney opposed) MOTION To close the public hearing on the site plan matter. MOTION To approve the site plan, as requested by Town of Burlington, Department of Public Works, for the property located at 38 Grant Avenue. APPROVED: (Member Gaffney opposed) c) *Public Hearing Application for Approval of a Special Permit pursuant to Section Restaurants of the Zoning Bylaws 75 Middlesex Turnpike Toasted Brothers Burlington, LLC, Applicant Plans & Reports discussed: Site Plan entitled Burlington Mall Expansion Middlesex Turnpike Burlington, Massachusetts prepared by VHB, dated 4/26/2016, revised 3/27/2017 Floor Plan entitled Friendly Toast Suite 1015B Burlington Mall 75 Middlesex Turnpike, prepared by CKI Design Studio, dated 3/25/2017 Application Representative: Mark Vaughan Attorney Riemer & Braunstein, LLP Matthew Bourassa General Manager Burlington Mall Scott Pulver Principle Toasted Brothers LLC Mr. Vaughan summarized the request of Toasted Brothers to locate their restaurant in the Burlington Mall. There will be a reduction in seating compared to a previous occupant Rainforest Café Burlington mall parking table has been updated Restaurant will have no reserve spaces for car side to go, and no valet parking. Vice Chairman Raymond read the Departmental Reports into the record. Planning Board staff had no issue with the proposal. Planning Board discussed: This tenant should use one of the three liquor licenses specifically designated for the mall, rather than taking one of the town wide liquor licenses Planning Board requested:

6 Adding the architectural lighting condition to the decision No public comment was offered. MOTION To close the public hearing on this matter. MOTION To approve a special permit, as requested by Toasted Brothers Burlington, LLC, for the property located at 75 Middlesex Turnpike. Burlington Mall discussions: The Planning Board requested: Having future discussion with Burlington Mall General Manager Matthew Bourassa about: o The sidewalk along Burlington Mall Road, and Middlesex Turnpike o Upgrading the bus shelter o Creating a connection with the District Removing the feather signs at the Sear Auto Center d) Continued Public Hearing Petition to amend the Zoning Bylaw, Article III Sign Regulations to permit freestanding monument directory signs within the Town Center Overlay District Submitted by Heritage Trail, LLC No testimony was taken on this matter. MOTION To continue this matter to the Planning Board of May 4, 2017 at the request of the applicant s attorney. e) Continued Public Hearing Petition to amend the Zoning Bylaw to add a new Section 10.7: Temporary Moratorium on Marijuana Retail Sales Submitted by the Planning Board Plans & Reports discussed: Warrant Burlington Town Meeting, Article 30 - RE: Moratorium on Recreational Marijuana Member L Heureux explained the moratorium would restrict retail sale of recreational marijuana for 18 months or 6 months after the state released the Rules and Regulations, whichever is later. The purpose of moratorium is to give the town time to create local bylaws and put forth a

7 referendum vote during the state elections. She has reached out to the Board of Selectmen about putting together a committee consisting of members from the Planning Board, Board of Selectmen, Board of Health, Police Department, Fire Department, and School Department to discuss the legal aspects of recreational marijuana and what will/will not be allowed in Burlington. No public comment was offered. MOTION To close the public hearing on this matter. MOTION To recommend favorably to Town Meeting the temporary moratorium on recreational marijuana retail sales 8. Minutes NONE 9. Other Business a) Discussion 1. Extension of time - 25 Network Drive MOTION To grant an extension of time to 25 Network Drive from March 6, 2017 to June 30, 2018 to complete the required site improvements as requested by the Nordblom Company. 2. Honda and Kia cars illegally parked The Kia cars parked on the abutting site have been removed, and the Honda cars parked on Rounder Way are still there. The car removal deadline was April 11, Planning Board staff plans to send pictures of the cars on Rounder Way in an to the building inspector, and will CC Member L Heureux. 3. Northeastern Suburban Campus Member L Heureux is facilitating a meeting between Northeastern and the School Department about collaborating to improve the BHS s Robotics and Engineering programs. 4. Mary Cummings Park

8 Friends of Reservations are continuing to work the City of Boston to take control of this park. It is moving at a slow rate. 5. 3A Committee Chairman Kelly requested a 3A committee scope be developed, before this committee is moved from the Board of Selectmen to the Planning Board. 6. Feather Signs Should Burlington set a good example by not using temporary signs? Member Impemba s opinion is long term use of feather signs for advertising businesses is not acceptable, but temporary advertising for town activities such as voting, and hydrant flushing is acceptable. Member L Heureux added the businesses that are using temporary signs may not know they are illegal, and by simply informing them of this could reduce the number of temporary signs in Burlington. 7. Friendly 40B Member Raymond updated that the Zoning Board of Appeals is expected to make a decision on this matter at their next meeting, May 2, 2017 at 7:30pm. 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 9:46 pm.

9 Planning Board Minutes - April 20, 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. Minutes filed with the Town Clerk on \rajs()\'(x)\"'"'=\-!6(a,~ Noelle Judd, Re Carol Perna, Member Clerk Minutes accepted at the Planning Board meeting of q\ "1- j cx::::>\3 Respectfully Submitted, Approved by,