Town of Burlington ^ Planning Board

Minutes of the Planning Board Meeting of May 2, 2013

1. Chairman Raymond called the regular Planning Board meeting to order at 7:03 p.m.with Members Covino, CvHrrmings, L'Heureux, Impemba, Roth and Vice ChairmanKelly present.

2. Discussion - Conservation Commission, proposed revised Wetlands Bylaw

Larry Cohen, Chairman of the Conservation Commission, John Keeley, Conservationadministrator, and Kerry Melanson, and William Boivin members of the ConservationCommission presented the revised Wetlands Bylaw.

Mr. Cohen explained the purpose of the revisions, which included having the bylaw similar tothe current Massachusetts Wetland Protection Act, clarifying 'resource area' language,authorizing critical content in regulations, having additional protection of critical resources, andstreamline permitting process.

Mr. Cohen said the results of the revision would protect public water supply, prevent stormdamage and additional flooding downstream, protect high value habitats for wildlife, it wouldcause less expense and time to the applicant for the permitting process, and provide setbacksand restoration standards using regulations rather than policies.

Vice Chairman Kelly asked why the stream near route 95 was not identified on the map ofprotected streams. Mr. Keeley explained the map was a draft. Member Covino asked was thatstream therefore not protected. Mr. Cohen said only the major streams were chosen and not theminor ones because it was impractical to include both. Member Roth recommended aclarification of which areas would be protected.

MOTION - To recommend favorably to Town Meeting the Conservation Commission'swarrant article for bylaw changes to "Non-Zoning Wetlands Protection Bylaw Article XIV."

APPROVED: 7-0-0

Member Roth asked the Conservation Commission members for feedback on the PlanningBoard's parking structures bylaw. Mr. Cohen recommended linking the Special Permit forstructured parking with the creation of open space. Planning Director Kassner invited theConservation Commission to attend the subcommittee meetings on structured parking.

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3. Minutes NONE

4. Citizens Time NONE

5. Announcements & Continuances

• Town Clerk Precinct 7 Voting and Town Meeting Member Orientation, Monday May 6lh

at 6 p.m., Main Hearing Room• Town Meeting Monday May 13' at 7:30 p.m., Burlington High School• Town Hall Closed, Monday May 27 for Memorial Day• Precinct 2 and Precinct 7 do not have enough members and are looking for volunteers.

6. Legal Notices of Interest NONE

7. Non-Approvals NONE

8. Administrative Matters

a) * Discussion - Application for Approval of a Minor Engineering Change - 240 MiddlesexTurnpike (Pure Hockey) - Burlington Equitable Unlimited Partnership, Applicant

Plans and Reports Discussed:• Plan titled "240 Middlesex Turnpike," dated March 7, 2013, prepared by Janez

Design, consisting of 3 sheets.

Robert Buckley and Andrew P. Sutton of Riemer & Braunstein, LLP, Philip C. Haughey, Jr. ofThe Haughey Company and Graham L. Ruggie of Janez Design represented the applicant.

Mr. Buckley described Pure Hockey as a hockey and lacrosse superstore.

Mr. Ruggie explained the minor engineering changes which included improvements to thebuilding and the site such as: patching up the concrete wall facade around the building, a newmetal staircase, replacing the stairs next to the loading dock, adding down spouts, removing thecanopy along the building front, and removing some concrete at the loading dock area.

Mr. Buckley said the drainage had been cleaned and certified, and he would submit that reportto the Planning Board at a later time.

Mr. Buckley suggested the necessary parking restriping be done after the renovation of thebuilding, to prevent damage to the striping.

Mr. Buckley added Vinebook had installed sloped granite curbing, when the town's norm isvertical granite. This issue needed to be addressed in the Site Plan. Planning Director Kassnersaid the condition of the curbing especially along the Vinebrook area, would need to beaddressed also.

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Vice Chairman Kelly read departmental reports for the record:

DEPARTMENTAL REPORTS

Department Recommendation Date ReceivedBoard of Selectmen None receivedInspector of Buildings No Objection 5-2-13DPW/Engineering See comments 3-8-13Police Dept. See comments 4-10-13Fire Dept. Favorable witb conditions 4-3-13Board of Health No commentsConservation Not yet received

Vice Chairman Kelly asked if the applicant had seen the departmental reports. Mr. Buckley saidyes. Mr. Ruggie said he had discussed issues with the plumbing and engineering departments,and would submit the permit in a couple of days. Vice Chairman Kelly asked if the sewer andgeneral comments were addressed. Mr. Ruggie said yes. Mr. Buckley asked if the BuildingInspector comments were submitted. Planning Director Kassner said yes and he had noobjections. Planning Director Kassner pointed out the drainage inspection report would becoming in.

Planning Director Kassner said the existing site had improvements in 1995, which werereviewed. Member Roth asked if all the obligations for the 1995 Dunkin Donuts had been met.Planning Director Kassner said the drainage report would confirm that. Member Roth askedwhich standard does the existing property need to meet, the current standards or the 1995standards. Mr. Buckley said they do not trigger the new construction requirements with therequested minor engineering changes.

Planning Director Kassner recommended the Planning Board examine the traffic circulation andparking.

Member Covino said the parking lot had major hazardous holes. Mr. Buckley said it would berepaved as necessary. Chairman Raymond asked for clarification of "necessary" to understandwhat would be done. Member Clerk L'Heureux would like to know which specific holes andcracks would be done and how. Member Roth suggested visiting the site and having theapplicant spray paint the improvements. Mr. Buckley agreed. Member Covino asked how wouldhe know what the marking meant. Mr. Buckley said he would work out some coloring key.

Mr. Buckley suggested setting up a site walk time with staff after the markings are done. Mr.Buckley also suggested a subcommittee site walk with the contractor. Planning DirectorKassner agreed to work with the applicant on that.

Member Covino suggested a 2-year review of the parking lot. Mr. Buckley was all right withperiodic inspections.

Vice Chairman Kelly had concerns about the environment, and the oils from the parking lotseeping into the ground. Mr. Buckley said he does not know how to monitor oil seepage but

Planning Board Minutes - May 2, 2013 - Page

agreed to patch holes and fill cracks in the parking lot to preserve and protect the environmentand the residences. Member Impemba suggested seal coating the whole parking lot to ensuresafety and prevent oil penetration. Mr. Buckley was unsure.

Chairman Raymond asked about treatment of the roof water runoff Planning Director Kassnersaid typically the roof water runoff does not require pretreatment.

Chairman Raymond asked if flooding occurred in the back of the building. Mr. Haughey saidno.

Vice Chairman Kelly asked if food would be sold there. Mr. Ruggie said no.

Member Roth would like traffic directional lines, Mr. Buckley said he would work with staff onthe final striping plan. Chairman Raymond said striping could be done after opening. Mr.Buckley planned to have the restriping done before it opens.

Planning Director Kassner asked if the applicant had plans of pulling up the pavement in certainareas. Mr. Buckley said not currently.

Member Roth suggested a future landscaping review along Route 62, after opening. MemberImpemba agreed. Mr. Buckley acknowledged.

Mr. Buckley informed the Planning Board the applicant may be doing internal improvementsbut no outside improvements would occur until after the Site Plan approval.

MOTION - To continue this matter to the Planning Board meeting of May 16, 2013

APPROVED: 7-0-0

9. Matters of Appointment

a) *Public Hearing - Application for Approval of a Special Permit pursuant to Section 1.4.7"Restaurants, drive-thru service is prohibited." of the Northwest Park Planned DevelopmentDistrict -20 Third Avenue - Redstone American Grill, Inc., Applicant

Plans and Reports Discussed:• Plan entitled "First Floor Plan," prepared by Elkus Manfredi, received on April 1 3,

2013.

• Elevation plan entitled "Exterior Elevations," prepared by Elkus Manfredi, received onApril 13, 2013.

• Floor plan entitled "Redstone American Grill, Northwest Park, 20 Third Avenue,Burlington, Massachusetts 01803," prepared by Michael J. Wilkus, Architect, receivedon April 18, 2013.

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Robert Buckley and Andrew P. Sutton of Riemer & Braunstein, LLP, and Todd Fremont-SmithSenior Vice President of Development for Nordblom Company represented the applicant.

Mr. Fremont-Smith described the restaurant as high quality American food white tableclothrestaurant. He was presenting the architecture and use to the Planning Board as part of the 3rd

Avenue Development.

Mr. Fremont Smith said the restaurant was 10,000 square feet with 299 seats and a fire pit withretractable doors. Chairman Raymond described it as semi alfresco. Mr. Fremont-Smith agreed.

Member Roth was concerned about the diversification of restaurants. Mr. Fremont-Smithensured the restaurants would not compete with each other.

Vice Chairman Kelly read departmental reports for the record:

DEPARTMENTAL REPORTS

Department Recommendation Date ReceivedBoard of Selectmen None receivedInspector of Buildings Not yet receivedDPW/ Engineering See Comments 4-8-13Police Dept. Favorable 4-10-13Fire Dept. Favorable 4-12-13Board of Health See Comments 4-8-13Conservation Not yet received

Vice Chairman Kelly asked would there be outdoor seating. Mr. Fremont-Smith said yes.

Planning Director Kassner pointed out a discrepancy in the seating numbers. The floor plan read292 seats, the narrative read 294 and Mr. Fremont-Smith said 299 seats. Mr. Fremont-Smithagreed to call staff tomorrow with the final numbers. Planning Director Kassner said theoutdoor and indoor seating numbers needed to be separated.

Vice Chairman Kelly was concerned about the wooden roof over the fire pit. Mr. Fremont-Smith clarified it was a steal framed building.

Member Clerk L'Heureux asked about the parking dynamic behind the building. Mr. Fremont-Smith said all the parking was shared among the businesses, and would have valet parkingservices if parking became an issue.

Item "a" Special Permit Redstone American Grill

MOTION - To close the public hearing

APPROVED: 7-0-0

- Planning Board Minutes - May 2, 2013 - Page 5

MOTION - To approve the request of Redstone American Grill for a Special Permit pursuantto Section 1.4.7 "Restaurants, drive-thru service is prohibited." of the Northwest Park PlannedDevelopment District for property located 20 Third Avenue to allow for a restaurant to occupy atenant space within a building to be constructed on Third Ave within Northwest Park.

APPROVED: 7-0-0

b) Public Meeting - Application for Approval of a Site Plan Waiver- 77 South Bedford Street- Burlington Oral & Facial Surgery Center LLC, Applicant

Plans and Reports Discussed:• Tenant space plan titled "1st Floor, 77 South Bedford, Burlington, MA," prepared by

SDT, dated March 21,2013.

Timothy C. Twardowski of Robinson & Cole, LLP, Paul Filtzer of Equity Office, and EdwardVanisky of Burlington Oral & Facial Surgery represented the applicant.

Mr. Twardowski said the application was for 3,551 square foot dentist office, on the first floorof an existing office building. Planning Director Kassner said this application was for a changeof use.

Mr. Vanisky submitted the outstanding green cards to staff.

Vice Chairman Kelly read departmental reports for the record:

DEPARTMENTAL REPORTS

Department Recommendation Date ReceivedBoard of Selectmen None receivedInspector of Buildings No obj ection 4-17-13DPW/ Engineering See comments 4-12-13Police Dept. Favorable 4-25-13Fire Dept. Favorable 4-11-13Board of Health See comments 4-23-13Conservation None received

Vice Chairman Kelly asked about the Building Inspector comments. Planning Directorexplained the Inspector of Buildings comments would come in after the Planning Boardmeeting. Vice Chairman Kelly asked if the applicant had seen the departmental comments. Mr.Vanisky said yes.

Member Roth asked if Mr. Vanisky and his partner are moving a pre-existing practice toBurlington. Mr. Vanisky said no, he and his partner are leaving their practices to create this newone.

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Chairman Raymond asked would there be general anesthesia. Mr. Vanisky said they would doconscious sedation or deep sedation.

Chairman Raymond asked if the practice would be associated with Lahey Clinic. Mr. Vaniskysaid yes, it would be the oral surgery component for Lahey Clinic.

Member Clerk L'Heureux asked about the procedure for medical waste. Mr. Vanisky said hewas unsure which company they would use, but the waste would be separated into general,medical and hazardous waste. Member Clerk L'Heureux asked would the waste be stored in theoffice. Mr. Vanisky said yes.

Member Covino asked how many practitioners. Mr. Vanisky said two.

Member Covino asked was the business a traditional dentistry. Mr. Vanisky said no because theoffice would not do fillings.

MOTION - The Planning Board hereby finds that this is a proper request for a Site PlanWaiver, since there is an approved Site Plan on file and only interior changes are proposed toaccommodate the change in tenant for a 3,551 +/- portion of the existing building space.

APPROVED: 7-0-0

MOTION - To approve a Site Plan Waiver for Burlington Oral & Facial Surgery Center, forproperty located at 77 South Bedford Street.

APPROVED: 7-0-0

c) Continued Public Hearing - Petition to amend the Zoning Bylaw. Article II "Definitions"and Article IV "Use Regulations" to address and define uses pertaining to structuredparking - Submitted by the Planning Board

Planning Director Kassner said a draft was before the Planning Board. The draft was very broadand addressed IG (Industrial General) and BG (Business General) districts. The sections weredivided into structure parking, deck parking, and integrated parking. Integrated was underbuilding parking and little outside the building footprint.

Planning Director Kassner said the purpose was to diversify development, figure out a balanceof paving and green space, to fit the structures to the site, and give flexibility to developments.

Planning Director Kassner said the Building Inspector suggested not separating deck parkingfrom structure parking because the difference was levels.

Planning Director Kassner suggested adding design control to the draft to prevent poor lookingparking structures.

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Member Clerk L'Heureux would like the amount of structured parking controlled. MemberCummings added a number limit on structured parking per specific district.

Member Cummings would like the structures hidden.

Member Cummings thinks 50 feet of green space per parking space was low

Member Roth said he does not want the bylaw exploited by applicants.

Member Covino does not want to increase the occupancy of the building.

Planning Director Kassner requested a subcommittee to discuss. Chairman Raymond appointedMember Roth, Member Covino and Member Cummings.

MOTION - To continue this matter to the Planning Board meeting of May 16, 2013

APPROVED: 7-0-0

10. Other Business

a) Discussion

• Middlesex Turnpike construction

Chairman Raymond would like the public to be aware of the traffic delays because of theMiddlesex Turnpike construction.

Chairman Raymond suggested staff give a presentation on what construction was going on, andthe goals. Member Roth recommended the entities come back to do the presentation, instead ofstaff.

Member Cummings suggested putting the announcement of traffic delays on the PlanningBoard website. Planning Director Kassner supported the idea.

Member Cummings also suggested putting the information on the electronic sign at the TownCommon.

• Subcommittees

Planning Board members and staff discussed subcommittee assignments.

External CommitteesBurlington Public Transit Advisory CommitteeBike Path CommitteeCanyon Property

MembersA. CummingsJ. ImpembaE. Covino, P. Roth, B. L'Heureux

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Board of Selectmen/PB Liaison CommitteeHousing Partnership CommitteeInformation Systems Advisory CommitteeLand Use CommitteeNorth Suburban Planning CouncilRecreation CommissionRoute 3A CommitteeRoute 128 Central Corridor CoalitionSign Bylaw CommitteeSenior Housing Option Advisory CommitteeSnow Removal on Private WaysStorm-water Management CommitteeTelecommunications CommitteeMiddlesex 3

E. Covino, P. RothE. Covino, J. KellyE. CovinoP. RaymondP. RaymondJ. ImpembaA. Cummings, J. Impemba, P. RothK. KassnerP. Roth, J. ImpembaJ. KellyA. CummingsJ. KellyJ. ImpembaP. Raymond

Internal CommitteesIncomplete and Defaulted SubdivisionsLahey ClinicNorthwest Park PDD/NordblomOpen SpaceParking StructuresTraffic Mitigation43D Task ForceZoning, Site Plan & Subdivision Rules andRegulations Revision CommitteeParking StructuresInternal SchoolPDD Rules and Regulations

MembersE. Covino, A. CummingsP. RaymondE. Covino, A. CummingsP. RaymondE. Covino, P. Roth, A. CummingsA. Cummings, J. KellyA. Cummings, E. CovinoE. Covino, A. Cummings, J. Kelly

E. Covino, P. RothB. L'Heureux

• Master Plan

Planning Director Kassner passed out to the Planning Board phase one of the master plan,which was distributed to Ways and Means. The Planning Board was requesting $300,000 overfour years, which would be divided into $50,000 for the first year, $75,000 for the second andthird year, and $100,000 for the fourth. Ways and Means postponed a decision for endorsementbecause they would like more forecast of where the money was going and how much thingswould cost. Planning Director Kassner added that each year Planning Board would need to gobefore Town Meeting to request the funds. Member Roth asked if staff needed Planning Boardsupport. Planning Director Kassner invited Planning Board members to Wednesday, May 8,2013 Ways and Means meeting at 7:30 p.m.

b) Correspondence Nonec) Reports from Town Counsel None.d) Subcommittee Reports None.e) Unfinished Business None

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f) New Business None.

MOTION - To adjourn at 10:05 p.m.

APPROVED: 7-0-0

. _ _ _ .. . ...Noelle Judd^kecording Clerk Barbara G. L'Heureux, Member Cle'rk

Minutes accepted at the Planning Board meeting of

Minutes filed with the Town Clerk on (Q

All decisions are on file with the Town Clerk. All record documents are on file and can beviewed in the Planning Department. A DVD recording of this meeting is on file in the PlanningDepartment.

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