Planning Board Minutes – May 5, 2016 - Page 1

Town of Burlington Planning Board

Minutes of the Planning Board

Meeting of May 5, 2016

1. Chairman L’Heureux called the May 5, 2016 Regular Planning Board Meeting to order at 7:00

p.m. in the Main Hearing Room of the Burlington Town Hall, 29 Center Street.

Members Present: Member Covino, Member Gaffney, Vice Chairman Kelly, Chairman L’Heureux,

Member Clerk Raymond, Member Perna

Member Absent: Member Impemba

Also Present: Planning Director Kassner, and Senior Planner Morris

2. Reorganization

The reorganization is tabled to the Planning Board meeting of May 19, 2016 because of Member

Impemba’s absence.

3. Citizens Time

No one spoke.

4. Announcements

Town Meeting – Monday, May 9 at 7:30pm – Fogelberg Auditorium, Burlington High School

Master Plan Steering Committee at the Town Hall Annex:

o Tuesday, May 10 at 7:30am

o Tuesday, May 24 at 7:30am

Cultural Resources Public Forum – Tuesday, May 17 at 6:30-8:30pm – Grandview Hall

Burlington High School Spring Concert- Thursday, May 12 at 7:30pm - Fogelberg Auditorium,

Burlington High

Senior Housing forum organized by State Representative Kenneth Gordon – Thursday, May 12 at

11am – Burlington Council on Aging, 61 Center Street

5. Legal Notices of Interest NONE

6. Non-Approvals NONE

7. Administrative Matters

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Planning Board Minutes – May 5, 2016

a) *Discussion – Application for Approval of a Minor Engineering – 75 Middlesex Turnpike

(Burlington Mall) – Simon Property Group, Applicant

Plans & Reports discussed:

Plan title “Burlington Mall Expansion,” prepared by Vanasse Hangen Brustlin Inc., dated March

30, 2016

Application Representative:

Mark Vaughan Attorney Riemer & Braunstein, LLP

Conor Nagle Engineer Vanasse Hangen Brustlin, Inc.

Mike Connell General Manager Simon Property Group

Craig Trueman Director of Operations Simon Property Group

Chairman L’Heureux stated into the record, that she did not attend the last meeting of April 21, 2016.

She has complied with the Mullin Rule by submitting an affidavit that says she watched the recording of

the Planning Board meeting of April 21, 2016.

Mr. Vaughan explained the Applicant’s request to relocate an existing switch, which is currently adjacent

to the ‘Rain Forest Café,’ to the parking lot. The ‘Rain Forest Café’ is being replaced with ‘Arhaus

Furniture.’ The new tenant will be making cosmetic enhancements to the Burlington Mall building with

windows and awning features (which will need to come back to the Planning Board for approval). Under

today’s standards the switch has to be at least 10 feet off a structure. There is no proposed door for

deliveries.

Mr. Nagel explained the new switch location would have curbing, and bollards. The existing trees would

not be impacted by this project.

Planning Board staff noted:

Staff explored alternative locations, but it wouldn’t comply with the regulations or be feasible in

any other location than what is being proposed

The Planning Board prefers landscape screening, but understands the utility requirements to have

10 feet of clearing, if there is an opportunity to add screen, the property would do that

The Planning Board discussed:

Having the switch decorated by the High School graphic arts department

Constructing a bus shelter along the Burlington Mall Road in front of Kohl’s

Switch vs. Transformer

Mr. Connell’s stated that the truck trailer storage units in the parking lot have been removed from

the property

Increasing the size of the switch by Lord and Taylor, could eliminate the request for this switch

Impact to the parking ratios with the removal of the parking space for the switch, the electric cars,

and pizza pick up

The Planning Board requested:

The EverSource/State Code specific requirement/guidelines to be at least 10 feet away from a

structure

Vice Chairman Kelly read Departmental Reports into the record:

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Planning Board Minutes – May 5, 2016

DEPARTMENTAL REPORTS

Department Recommendation Date Received

Building No Objection 4-14-2016

Fire Department No Objection 4-11-2016

Police Department Not Yet Received N/A

Mr. Vaughan requested a conditional approval, and the Planning Board denied the request.

No public comment was offered.

MOTION – To continue this matter to the Planning Board meeting of May 19, 2016.

APPROVED: 6-0-0

8. Matters of Appointment NONE

9. Minutes

December 9, 2015, January 7, 2016, January 21, 2016, February 18, 2016, March 3, 2016, and March

17, 2016:

MOTION – To accept the Minutes of December 9, 2015, January 7, 2016, January 21, 2016, February

18, 2016, March 3, 2016, and March 17, 2016 as amended.

APPROVED: 5-0-1 (Member Gaffney abstained)

10. Other Business

a) Discussion

1. Advanced Auto Parts – 180 Cambridge Street

The Planning Board staff updated the Planning Board that no building permit has been issued. The

Building Inspector is still reviewing information about the use; whether or not Advanced Auto would be

considered wholesale has not been concluded. The Planning Board was concerned about disposing of car

waste so close to a food market and the services that would occur in the parking lot.

2. Procedure for Building Permit notification

Currently, there is no formal building permit reporting system. Planning Board staff sent a letter to the

Building Inspector requesting a new sign off procedure. Part of this procedure is that the Planning Board

be notified of any submittals/sign offs, and if any interpretation or determination were performed by the

building department. No answer has been received by the Planning Department.

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Planning Board Minutes – May 5, 2016

3. Town Meeting Member Appeal – 400 District Avenue – Marriott Residence Inn Information

to Town Meeting

A PowerPoint presentation was shown to the Planning Board. It reviewed the PDD definitions, zoning

bylaw definition, and the PDD use table that relate to the Marriott Residence Inn.

Chairman L’Heureux reviewed the timeline of events, highlighting the developer declined to go through

the PDD amendment process.

Chairman L’Heureux drafted a letter, which is fact and not opinion, to clear up the issue of ambiguity.

Member Covino explained the intent of crafting a bylaw definition of full service hotel was to prevent

long term stays. It is Member Covino’s opinion that the intent of the bylaw could be preserved without

going to court.

Shari Ellis, Town Meeting Member precinct 3, noted the intention of the bylaw cannot be determined, so

what the bylaw states should be what is followed. She requested the Planning Board letter note the

definitions are from the 2009 Burlington Bylaws. Letter from CEO Todd Finard of Finard Properties was

sent to some town meeting members, stating that they did not conceal their plans for cook tops.

MOTION: To submit Chairman L’Heureux’s clarification letter as amended.

APPROVED: 6-0-0

4. Agenda Items

Member Gaffney requested to keep discussion items, which have not been resolved, under unfinished

business. The Planning Board staff agreed to do that and requested members send along their unfinished

business items to staff.

Suggested unfinished business items:

Friendly 40B Advanced Autoparts

Tuscan Kitchen TVs Audi dealership lot landscaping

Kia dealership parking merchandise on

abutting property

Airport Solutions Group – 39 Winn St. –

vegetation

Medical Marijuana Dispensary Building 19 ½ Site

b) Correspondence None.

c) Reports from Town Counsel None.

d) Subcommittee Reports None.

e) Unfinished Business None.

f) New Business None.

1. Vine Brook Plaza

Member Gaffney stated one lane on Bedford Street, behind Vine Brook Plaza, was closed and it did not

have a traffic policeman. He agreed to pass along the date of this incident to the Planning Board

Department and requested the Planning Board follow up with this. The Planning Board staff agreed to

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Planning Board Minutes – May 5, 2016

meet with the developer on Monday to review the installation of the driveway from Vine Brook Plaza to

Bedford Street to ensure traffic safety.

2. Median along Burlington Mall Road

Planning Board staff noted the properties that have agreed to install street lighting along Burlington Mall

Road, justifying the location of the street lighting is to allow for plantings, that the planting plan has not

been determined.

3. Audi Dealership, 62 Cambridge Street – Storage lot landscaping plan

Planning Board staff updated the Planning Board that the Landscape Architect drew up a punch list of

approximately 24 items for the landscape installer to fix to comply with the Planning Board approved

plans.

4. Kia, 93 Cambridge Street - parking merchandise on the abutting property

No update.

5. New sidewalk construction materials

Member Clerk Raymond noted the Board of Selectmen is reluctant to approve vertical granite curbing

with concrete because of the cost. It appears Town Meeting might approve it anyways because of the

longevity of granite curbing over bituminous.

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