(Member Clerk L’Heureux abstained) - Burlington, MA Board Minutes – November 7, 2013 – Page 2 August 1, 2013: MOTION - Accept the Minutes of August 1, 2013. APPROVED: 5-0-1 (Member

Planning Board Minutes – November 7, 2013 – Page 2

August 1, 2013: MOTION - Accept the Minutes of August 1, 2013. APPROVED: 5-0-1 (Member Clerk L’Heureux abstained)

August 15, 2013: MOTION – To table the minutes of August 15, 2013. APPROVED: 4-0-3

(Member Impemba arrived to the meeting at 7:36 pm)

3. Citizens Time Steven Stamm, TMM Precinct Four, 56 Washington Avenue, requested an update on the Middlesex Turnpike road construction plans.

John Petrin, Town Administrator, agreed to contact MassDOT to have an engineer assigned to Burlington for discussion purposes

Possibly writing a letter to the MassDOT and Gregory Bialecki, the Secretary of Housing and Economic Development for the Commonwealth of Massachusetts was discussed at the joint Planning Board and Selectmen meeting

John Petrin asked Planning Director Kassner, John Sanchez, DPW Director, and Thomas Hayes, Town Engineer, to create a dialogue with the town residents/businesses and have a discussion with the town hired independent traffic-engineering group about the Middlesex Turnpike.

4. Announcements

Veterans Day - Monday, November 11 - Town Offices will be closed North Suburban Planning Council (NSPC) – Wednesday, November 13 at 9-11:30 a.m. -

Woburn Medical Marijuana Community Discussion – Wednesday, November 13 at 7-9 p.m. -

Murray Kelly Room, 61 Center St Thanksgiving - Thursday, November 28 & Friday, November 29 - Town Offices will be

closed

5. Legal Notices of Interest NONE 6. Non-Approvals


a) *Application for Endorsement of Plan Believed Not to Require Approval – Mountain Road –

P & L Trust, Applicant Plans & Reports discussed:

Plan entitled “Plan of Land in Burlington, MA," prepared by A.C. Nelson Cartography, dated September 30, 2013

Claudia and Paul Netishen of 67 Mountain Road represented the application. Mr. Netishen explained they are moving the property line for safety and this will not violate any zoning bylaws. Planning Board members and staff had no comments. No public comment was offered. MOTION - To approve and sign as an Approval Not Required requested by P & L Trust for property located at Mountain Road. APPROVED: 7-0-0 8. Matters of Appointment MOTION - To take items “8.a” “8.b” and “8.c” together for discussion purposes. APPROVED: 7-0-0 a) *Public Hearing – Petition to amend the Burlington Corporate Center Planned Development

District Zoning Bylaw Provisions – Submitted by M11 Realty LLC, Applicant b) *Public Hearing – Petition to rezone property to the Burlington Corporate Drive Planned

Development District (PDD) – 80 & 82 Cambridge Street –M11 Realty LLC, Applicant c) Continued Public Hearing – Petition to rezone property to the Continuous Traffic Business

(BT) District – 80 & 82 Cambridge Street –M11 Realty LLC, Applicant Professional Engineer Frank DiPietro of BSC Group, president Bernie Moreno of The Collection Auto Group, traffic engineer Kenneth P. Cram, P.E. of Bayside Engineering, attorney Richard O’Neill, Jr. of O’Neill & Gramer, P.C., attorney Mark E. Burke of Law Office of Mark E. Burke, and attorney Nicholas J. Di Mauro of Law Offices of Nicholas J. Di Mauro represented this application.


Mr. O’Neill announced after discussions with the town they have decided to withdraw the petition for rezoning the property, and work on a PDD similar to the Corporate Center PDD because the BT zoning is undesirable in Burlington. Car Carrier: Mr. O’Neill said they submitted a letter explaining the auto carrier drop off routine. The applicant made “an absolute commitment” to not unload auto carriers on any public way in Burlington or any site that is not 80 & 82 Cambridge Street. Chairman Raymond asked if the car carrier would be entering Cambridge Street, unloading on property, and exiting Corporate Drive as discussed at the October 3, 2013 Planning Board Meeting. Mr. Di Mauro answered they contacted the abutter, and have no response at this time. Mr. Cram explained the car carrier exit route:

Car carrier exits property by way of the furthest driveway from the route 95 highway Takes a right onto Cambridge Street (route 3A) Takes a right onto Wilmington Road (route 62) Remains on route 62 until exiting onto the highway (route 93) in Wilmington, MA

Member Clerk L’Heureux does not support the car carrier exit route through the town center. Member Roth pointed out other businesses that take a left on Cambridge Street, commenting it depends on the time of day the left occurs if it is dangerous. He suggested exploring this option. Member Roth asked because of the car carrier now exiting onto Cambridge Street and not Corporate Drive, would the parking lot need to be reconfigured. Mr. O’Neill answered the plan currently allows space for the car carrier around the building. Mr. Moreno agreed to have the width of the driveway around the building for the next meeting. Vice Chairman Kelly asked would the possible connection to Corporate Drive remain in the plans. Mr. Moreno agreed. Chairman Raymond pointed out exiting the driveway furthest from the highway could have line of sight issues. Member Roth requested the applicant look at reconfiguring the traffic circulation to enter and exit the driveway nearest the highway. Mr. Moreno agreed. Traffic: Mr. Cram spoke about the traffic generation of the proposed car dealership vs. office space. The generators of traffic include:

Employees (50 employees) Valets Delivery trucks (2 to 3/day) Car carriers (2 to 3/week) Garbage pick up Customers dropping off cars for service


Hours of Operation as it relates to noise level: Possible hours of operation:

Service o Monday-Saturday: 7:30am-6pm o Sunday: 10am-3pm

Sales o Monday & Thursday: 9am-9pm o Tuesday & Wednesday: 9am-8pm o Friday & Saturday: 9am-6pm o Sunday: Closed

Mr. Moreno explained the noise levels outside the building would be low, because the dealership would not have outside speakers, or a paging system. Also, car alarms should not be an issue because of tight security. Lighting: Mr. Moreno suggested discussing lighting. Chairman Raymond decided to continue that discussion to the next meeting. Subcommittee: Planning Director Kassner updated the Planning Board on some of the discussions that took place at the subcommittee meeting, including traffic circulation, and the zoning language. She suggested at the next subcommittee meeting to work on some of the language in the PDD. Planning staff agreed to coordinate that meeting date with the applicant. Public Comments: Attorney Robert Buckley of Riemer and Braunstein, LLP represented the abutting property Burlington Center Joint Venture, LLC. Mr. Buckley spoke about their concerns, including the ramification of granting the easement, the legal processes of amending the PDD, and the traffic issues that arose from granting the construction of Burlington Center Building 10. Chairman Raymond requested Planning Board staff research these concerns. Planning Director Kassner agreed. Patricia O’Rouke, 12 Lowell Street, spoke in support to the project noting the current building is unsightly, and it would be convenient to have a Mercedes-Benz dealership in Burlington. Ron Kurtz, 4 Murray Avenue #6, spoke in support to the project noting the tax revenue and creation of jobs. Guy Moore, 1 Arlington Road, spoke in opposition to the project. He cited letters he received from Jim Kapuza, 7 Arlington Road, Bob Schaufus, 79 Cambridge Street, and Jack Donahues, 3 Arlington Road. He also cited Town Meeting member emails that supported his position. Member Covino requested those emails be forwarded to the Planning Board staff. Mr. Moore agreed.


Vice President Paul Varghese of Leader Bank, spoke in support to the project noting the potential business relationship between this dealership and his bank. Mildred Nash, TMM Precinct Three, 39 Sunset Drive, spoke in opposition to the project noting the dangerous road conditions at the crest of Cambridge Street and Arlington Road. Mark Casey, TMM Precinct Four, 8 College Road, spoke in support to the project noting the reduced traffic flow of this proposal vs. an office building, and the ascetically pleasing layout of the building. Owner Kevin O’Brien of Kevin J. O’Brien Painting, 26 Maryvale Road, spoke in support to the project noting the potential revenue for local businesses. Grace Burke, 48 Bedford Street, spoke in support to the project noting high-end businesses are good fit for Burlington. David DiMambro, 9 Kimball Court #406, spoke in support to the project noting the applicant has been accommodating to requests. Kerry Sousa, 1 Fairfax Street, spoke in support to the project noting it would be a great gateway to Burlington. (For more details on this project visit mbob.com) Items "a” and "b" MOTION - To continue these matters to the Planning Board meeting of November 21, 2013. APPROVED: 7-0-0 Items "c" MOTION – To close the public hearing on this matter. APPROVED: 7-0-0 MOTION – The Planning Board hereby accepts the Applicant's request to withdraw without prejudice the Application for endorsement of a petition to re-zone property at 80-82 Cambridge Street from the General Industrial (IG) to the Continuous Traffic (BT) District. APPROVED: 7-0-0 MOTION –To take items “8.d” “8.e” “8.f” and “8.g” together for discussion purposes. APPROVED: 7-0-0


d) *Public Hearing – Application for Approval of a Special Permit pursuant to Section 4.2.6.10

“Restaurants” of the Zoning Bylaws – 15 South Avenue – National Development, Applicant e) *Public Hearing – Application for Approval of a Site Plan – 15 South Avenue – National

Development, Applicant f) *Public Hearing – Application for Approval of a Special Permit pursuant to Section 4.2.2.25

“Theaters and cinemas” of the Zoning Bylaws – 20 South Avenue – National Development, Applicant

g) *Discussion – Application for Approval of a Minor Engineering Change – 20 South Avenue

– National Development, Applicant Attorney Mark Vaughan of Reimer & Braunstein, Senior Vice President Marc Paris of National Development, traffic engineer Vinod Kalikiri, P.E. and project manager Karen Staffier of Vanasse Hangen Brustlin, Inc. represented this application. Member Covino disclosed the business relationship he has with National Development, and submitted the proper forms with the Town Clerk to participate in this discussion. AMC Theater (20 South Avenue): The upgrades include:

All new seats (no stadium seating) Ticket areas would include self service kiosk Updated concession areas Updated customer service areas Exterior cosmetics changes (including signage)

Currently there are 2,400 seats, after the upgrade there would be a little over 1,000 seats. By reducing the number of seats, the parking requirement is lower, hence freeing the lower parking lot for the proposed restaurant. Mr. Vaughan clarified the theater would not include dining at this time. Mr. Paris added they are waiting for the additional liquor licensing, but the eventual hope is to have a dining amenity. Proposed Restaurant (15 South Avenue): Mr. Vaughan described the restaurant as a freestanding 294-seat family restaurant. Ms. Staffier explained the proposal for the restaurant parcel:

145 parking spaces Consolidation of an access point to the property Relocation of a storm water basin (which would be above ground) Increasing the vegetative buffer Increasing green space Upgraded lighting


Creating pedestrian walkways, which would connect to the sidewalks in front of the Keurig building.

Possible future spine road: Member Covino began a discussion of the future possible connection road from Middlesex Turnpike between Barnes & Noble and the former Dodge site, through this property to South Avenue. Ms. Staffier said this property does allow for that road. Member Covino asked would National Development grant an easement and participate in the construction. Mr. Vaughan answered there has not been a dialogue on that, but agreed to have a dialogue between staff and the Planning Board about “not precluding that possibility.” Member Clerk L’Heureux would like something in writing to give the discussions more permanence. Member Cummings inquired about the 40-foot wide right of way, which begins at the Middlesex Turnpike by the former Dodge site. Mr. Paris answered that right of way goes behind the Barnes & Noble and ends at the rear of restaurant parcel, and then it connects to a 12-foot way that is adjacent to the wetlands. Mr. Vaughan responded if that becomes a road, the impact on the restaurant parcel would be minimum based on the proposed design. Department Reports: Vice Chairman Kelly read Departmental Reports into the record: DEPARTMENTAL REPORTS

Department Recommendation Date Received Board of Selectmen Not Yet Received N/A Inspector of Buildings No Objection 10-17-2013 DPW/ Engineering See Comments 10-1-2013

10-22-2013 Police Dept. Not Yet Received N/A Fire Dept. See Comments 9-25-2013 Board of Health Not Yet Received N/A

Conservation See Comments 10-1-2013 Mr. Vaughan has seen the department comments. Traffic Analysis/Parking: Planning Director Kassner commented based on the change of traffic intensity from 1993, staff requested the applicant do a traffic analysis of the current condition and include the proposed cinema reduction and restaurant addition. Also, compare those findings to the 1993 traffic analysis. Mr. Kalikiri explained his traffic analysis findings, and the causes for the differences between the 1993 analysis and the current analysis.


Member Covino asked was there a subsequent traffic count after the theater was built. Mr. Kalikiri was unsure. Staff agreed to research that. Senior Planner Benjamin commented the restaurant is seeking 145 parking spaces, which is a rate of one (1) parking space per two (2) seats which is a 50% increase over the bylaw requirement. Staff requested justification for the high parking number. Mr. Vaughan answered it was because of the shared parking dynamic between the theater and the restaurant. Senior Planner Benjamin recommended banking the extra parking, similar to the Greenleaf Way development. Subcommittee: Chairman Raymond appointed Member Cummings, Member Roth, and Member Clerk L’Heureux to the subcommittee. No public comment was offered. MOTION - To continue these matters to the Planning Board meeting of November 21, 2013. APPROVED: 7-0-0 MOTION –To take items “8.h” “8.i” “8.j” and “8.k” together for discussion purposes. APPROVED: 7-0-0 h) *Public Hearing – Application for Approval of a Special Permit pursuant to Section 4.3.2.9

“Parking garages and/or parking structures for more than three (3) vehicles including both enclosed and open garages and structures above and below ground” of the Zoning Bylaws – 6, 8, 10 Van de Graaff Drive – Oracle America, Inc., Applicant

i) *Public Hearing – Application for Approval of a Special Permit pursuant to Section 7.2.6

“Increasing the maximum parking space requirements for specific Non-residential and Non-Educational Uses” of the Zoning Bylaws – 6, 8, 10 Van de Graaff Drive – Oracle America, Inc., Applicant

j) *Public Hearing – Application for Approval of a Site Plan – 6, 8, 10 Van de Graaff Drive –

Oracle America, Inc., Applicant k) *Discussion – Application for Approval of a Minor Engineering Change – 4 Van de Graaff

Drive – Oracle America, Inc., Applicant Attorney Mark Vaughan of Reimer & Braunstein, LLP; traffic engineer Vinod Kalikiri and Conor Nagle, P.E. of Vanasse Hangen Brustlin, Inc.; senior project manager Jonathan Ricker of CSL Consulting, Inc.; senior project architect Roger Lipman of Spagnolo Gisness & Associates represented the application.


Mr. Nagle explained the changes in the proposal: Relocating a loading dock at 6 Van de Graaff Drive Adding a 5th story on the building at 6 V.D.G. Drive building (2,400 square feet) Additional green space (3% increase) Add an access road to the parking garage from the 4 V.D.G. Drive driveway. Relocate the Blanchard Road access road to adjacent the parking garage at 6 V.D.G.

Drive Blanchard Road Access Point: Planning Director Kassner commented this is an entrance and exit, and staff supports relocating the access point for the purposes of better traffic circulation. Member Roth would like to discuss at a future date the impact of the Blanchard Road access has on near by neighborhoods and the history of agreements Oracle has made in relation to that. Mr. Vaughan agreed to submit the traffic flow data. 4 V.D.G Drive access to the parking garage: Member Covino suggested exploring a traffic light at this intersection, should it be deemed necessary, because it was in the approval. Traffic Count: Vice Chairman Kelly reminded the applicant of the discussion at the August 1, 2013 Planning Board meeting on the high tech car counter and the routine submission of data, which senior real estate project manager Mark William of Oracle had agreed to. Mr. Ricker agreed to submit a memo on their approach to this issue. Parking Garage: Mr. Ricker stated the parking garage would be 4 stories, have no roof, and roughly 760 spaces. Vice Chairman Kelly was concerned about the appearance of the parking garage from Mary Cummings Park. Mr. Ricker answered they are still exploring aesthetically pleasing options, and Planning Board should expect more details later. Department Reports: Vice Chairman Kelly read Departmental Reports into the record: DEPARTMENTAL REPORTS

Department Recommendation Date Received Board of Selectmen Not Yet Received N/A Inspector of Buildings Not Yet Received N/A DPW/ Engineering See Comments 10-15-2013

Police Dept. Not Yet Received N/A Fire Dept. See Comments 11-5-2013 Board of Health Not Yet Received N/A

Conservation Not Yet Received N/A Planning Director Kassner added that reports are still coming in.


Public Comment: Mildred Nash, TMM Precinct Three, 39 Sunset Drive, requested connecting the bike path between the Oracle Path and the Seven Spring Path. Planning Board discussed ways of making the connection. Chairman Raymond decided to continue this discussion later. Attorney John Reidy of Bishop & Reidy, P.C. representing American Landmark III, LLC owner of 3 V.D.G. Drive building. Mr. Reidy expressed his client’s concerns about the traffic on V.D.G. Drive and the traffic mitigation, which favors Oracle employees, but overlooks the employees from other companies. Shari Lynn Ellis, TMM Precinct Three, 3 Hickory Lane, spoke about the severity of traffic backup between Route 95 Cambridge Street exit ramps, to V.D.G. Drive during the morning. Planning Board discussed ways of resolving the issue. MOTION - To continue meeting after 11:00 pm. APPROVED: 7-0-0 MOTION - To continue these matters to the Planning Board meeting of November 21, 2013. APPROVED: 7-0-0 Subcommittee: Planning Board Staff agreed to invite Mr. Reidy, and Member Roth suggested inviting all the tenants on V.D.G. Drive to the subcommittee meeting. Chairman Raymond appointed himself, Member Roth, and Vice Chairman Kelly to the subcommittee. MOTION –To take items “8.l” and “8.m” together for discussion purposes. APPROVED: 7-0-0 l) Continued Public Hearing – Application for Approval of a Special Permit pursuant to Section

4.2.7.5 “Wholesale trade, warehousing (except toxic and hazardous materials and salts” of the Zoning Bylaws – 17 Terry Avenue – Terry Avenue, LLC, Applicant

m) Continued Public Hearing – Application for Approval of a Site Plan – 17 Terry Avenue –

Terry Avenue, LLC Applicant Engineering manager David Romero, PE, and project manager Erich Nitzsche of Commonwealth Engineering, Inc. represented the application. Mr. Romero spoke about the issues they addressed:


Parking amount justification o Data was submitted to Planning Board staff o one (1) parking space for every 2,800 square feet of the building

Site circulation o Both access driveways are two way o No circulation around the building

Locked gate will have a Knox box device for emergency vehicles Landscape plan would be worked out with the Planning Board staff as a condition

Senior Planner Benjamin asked for an update on the storm drain easement. Mr. Romero answered he has not started abandoning the easement. The architect Ariel Valli of Valli Architectural Group assured Planning Board staff the process of abandonment would be complete prior to obtaining the building permit. Planning Board discussed the number of parking spaces, and the size of the driveway around the new building. Member Impemba inquired about the drainage outlets spoken about at the Planning Board meeting of October 17, 2013. Senior Planner Benjamin explained the pipes on this site handle the drainage for Terry Avenue only. Vice Chairman Kelly read Departmental Reports into the record: DEPARTMENTAL REPORTS

Department Recommendation Date Received Board of Selectmen Not Yet Received N/A Inspector of Buildings See Comments 10-17-2013 DPW/ Engineering No Comment 11-7-2013

Police Dept. See Comments 12-10-2012 Fire Dept. Favorable 10-15-2013 Board of Health See Comments 10-9-2013

Conservation See Comments 11-1-2013 Member Roth has concerns about an approval prior to receiving comments from other departments. Planning Director Kassner explained this is at risk of the applicant, because the conditions will include these future comments. Additional Conditions:

The areas highlighted on the plans and the location of the new piping would be repaved The applicant would come before the 3A subcommittee with a rendering of new signage Videoing the lines that drain into this site, clear the obstructions, and submit the video

footage to the town Upgrade existing curbing that is visible from the street to vertical granite and have it

reviewed and approved by Planning Board staff All the conditions the 3A subcommittee requested


No public comment was offered. Item "l" Special Permit MOTION – To close the public hearing on this matter. APPROVED: 7-0-0 MOTION - To approve a Special Permit requested by Terry Avenue, LLC for property located at 17 Terry Avenue. APPROVED: 7-0-0 Item "m" Site Plan MOTION – To close the public hearing on this matter. APPROVED: 7-0-0 MOTION – The Planning Board hereby finds that the proposed parking ratio is not substantially more detrimental to the neighborhood than the existing parking ratio. APPROVED: 7-0-0 MOTION - To approve a Site Plan requested by Terry Avenue, LLC for property located at 17 Terry Avenue. APPROVED: 7-0-0 MOTION - To take items “9.a” out of order. APPROVED: 7-0-0

a) Discussion

1. Extension of Time for Rosario Meadows Attorney Michael Klass of Johnson & Borenstein, LLC, engineering and planning consultant Paul Marchionda of Marchionda & Associates, L.P., and owner Marty Martello represented this application. Planning Director Kassner updated the Planning Board on the status of this project. The engineering department believes all public improvements could be done within the one-year extension, but the second year is being requested for paving.


Planning Board discussed either granting a one-year extension, and having the applicant return October 31, 2014 for the paving request or granting a two-year extension to get everything done. Member Clerk L’Heureux was dissatisfied with the excessive amount of time this project has taken. Mr. Klass explained the reasons for the unexpected construction delays. Mr. Klass requested to exclude the interim status reports. Planning Board grants that request. Member Clerk L’Heureux requested the letter sent to her by an abutter be submitted into the record. Planning Board staff agreed to do so. MOTION - The Planning Board hereby grants a one (1) year extension of time from November 1, 2013, to October 31, 2014 to complete the required Subdivision Improvements for the property located at 86 Francis Wyman Road, as requested by the Property Owner's attorney in a letter dated October 30, 2013. APPROVED: 6-1-0 (Member Clerk L’Heureux opposed)

2. Carlina Way Definitive Subdivision Planning Director Kassner explained the applicant’s request. MOTION - The Planning Board hereby authorizes the release building lot number 2 (5 Fantasia Lane) within the Carlina Way Definitive Subdivision from the Conditional Approval Covenant for building purposes only, in exchange for a surety in the amount of $2,000. APPROVED: 7-0-0 Planning Board would discuss adjusting the surety amount in the future. MOTION - Planning Board took items “8.n” and “8.o” together to vote on them jointly. APPROVED: 7-0-0 n) Continued Public Hearing – Petition to amend the Zoning Bylaw, Section 8.5.0 “Town

Center Overlay Districts” and Section 8.5.8 “Design Requirements” to include Signs in Design Review – Submitted by the Planning Board on behalf of the Route 3A Committee

o) Continued Public Hearing – Petition to amend the Town Center Design Rules and

Regulations by creating a new Section 9 “Signage” – Submitted by the Planning Board on behalf of the Route 3A Committee

No testimony taken on these matters.


MOTION - To continue items “8.n” and “8.o” to the Planning Board meeting of February 6, 2013. APPROVED: 7-0-0 p) Continued Public Hearing – Petition to amend the Zoning Bylaw, Article II “Definitions” and

Article IV “Use Regulations” to address and define uses pertaining to structure parking – Submitted by the Planning Board

Planning Director Kassner updated the Planning Board that she submitted this item to January 2014 town meeting and would like to get together with the subcommittee and the Chairman of the Conservation Commission within the next couple of weeks. MOTION - To continue these matters to the Planning Board meeting of November 21, 2013. APPROVED: 7-0-0 q) Continued Public Hearing – Petition to amend the Planning Board Rules and Regulations

Governing Planned Development District – Submitted by the Planning Board No testimony taken on these matters. MOTION - To continue these matters to the Planning Board meeting of February 6, 2013. APPROVED: 7-0-0 MOTION - To take the tabled minutes of August 15, 2013 off the table. APPROVED: 7-0-0 August 15, 2013: MOTION - to accept the minutes of August 15, 2013 as printed. APPROVED: 4-0-3 (Member Clerk L’Heureux, Member Roth, and Member Covino abstained) 9. Other Business

b) Correspondence None. c) Reports from Town Counsel None. d) Subcommittee Reports None. e) Unfinished Business None. f) New Business None.

Documents

(Member Clerk L’Heureux abstained) - Burlington, MA Board Minutes – November 7, 2013 – Page 2 August 1, 2013: MOTION - Accept the Minutes of August 1, 2013. APPROVED: 5-0-1 (Member