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Land use minutes meeting November 29, 2011

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  • JOANNE KINCHLA
    Land Use Committee Meeting Date:    Tuesday, November 29, 2011 Time:    6:30 p.m. Place:    Town Hall Annex Meeting Room Present: Sally Willard,
    Message 1 of 2 , Dec 3, 2011
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      Land Use Committee Meeting

      Date:    Tuesday, November 29, 2011

      Time:    6:30 p.m.

      Place:    Town Hall Annex Meeting Room

      Present: Sally Willard, Chair,  Andrew Olney, Vice-Chair, Joanne Kinchla,  Secretary, Shari Ellis,  Wendy Guthro, Gary Mercier, Paul Valleli, Ernie Zabolotny; Planning Board  Ernie Covino, Ann Cummings, Paul Roth, Paul Raymond, Kristen Kassner, Planning Department and Jack Kelly.  Guests,  Attny Robert Buckley, Scott Weiss,  Matt Kealey from VHB;  and Adam Bickelman from Schneider Associates, representing the Gutierrez Company.

      Item 1 - Citizens Time.  No issues presented.

      Item 2 - Article Xll of the Zoning Bylaw.
              a) Next steps
              b) PDD Rules and Regulations - Review of current status of document

      Item 3 - Zoning By-laws
          a) Gutierrez Rezoning
          b) Grandview Farms  - parking
          c) Definitions

      Discussion: 12.1.1 etc, if we don't need them - drop them.

      Discussion - Definition of  buildable lot is a lot of any size as defined in by laws. (Article II and Article V).  Wetlands on lot should be considered as factor in determining buildable size.

      Kristen reviews draft of PDD Application 12.1.4 with group.  Scrutinizing differences between old and new  and editing for inconsistencies in numbering, descriptive wording, etc.  Example, mentions items 1-6, but there are only five items. (12.1.4.4- Special Conditions). An item had been discarded from the list.

      Discussion - Impact Analysis 12.1.4.5 - findings under headings - a clear intent of what is going to be built by developer, so impact on abutters can be assessed.

      Discussion - Social, economic needs under "e"  #2 potential change to preliminary fiscal impact - retitle item "e" - Change to "Community  Impact Report."

      Under Administrative Requirements - 12.1.5 - Time Line, 12.1.5.2 - Kris rearranges some times in time line.
      discussion over use of 65 days rather than 100 days; 30 days and if Planning Board Meeting not scheduled in those 30 days, than the next scheduled meeting.  12.1.5 - Pictures, graphic, must be approved by the Planning Board before being shown at Town Meeting.  A Consultant as third party incorporated in Covenant.

      12.20 - PDD Special Permit Requirements
      Gary Mercier makes motion, seconded by Andrew Olney to take up another matter at this time.
      Gary Mercier makes motion to reconvene, seconded by Shari Ellis to discuss the Gutierrez Rezoning     Proposal.
      Bob Buckley and his team move forward with their presentation.  They have responded to an RFP from the State of Massachusetts with a plan to develop the land previously held by the state at the unused wing of cloverleaf exit ramp of Route 3.   They are working with the Commonwealth and wish to change the zoning on the parcel of land to BD - general business.  It is a 15 acre parcel, no wetlands, but some ponding, bowl shaped piece of land, described as a " canyon".   It was also mentioned that the soil had a high possibility of contamination from being used as a dump for used road sand.  They mentioned a single retail user with a restaurant pad.
      Wheeler Road would be used for access.  Up to 2.5 million would be invested in the intersection.  Cooperation with the DOG - would result in slivers of land being taken to improve exit ramps; bottlenecks would be   addressed.  Money would be invested in Middlesex Turnpike. Five million would be invested throughout the corridor.  150 sq feet developed.   There would be a covenant - Mr. Buckley stated that in Massachusetts a Covenant with a town runs in perpetuity.  There would be no access off Route 3.  Acreage is 15.3 with no significant wetlands - all buildable although two areas have ponding.

          Motion by Paul Valleli to reconvene regular agenda, seconded by Andrew Olney.
      We assume with editorials tweaks, Planning Board will approve new PDD requirements.  Commented that it needs a lot of PR  to regain trust of town, Town Meeting.  Statements from various members:
      "Redoing PDD to regain the trust of Town Meeting."
      " Zoning By-laws only tool Town has to develop town in  the way they would like it to be in the future."  "Avoiding last minute surprises, Town Meeting will have primary approval."
      "Site Plan will now be the same as what is approved at Town Meeting - without significant changes."

      Discussion:    Shari questions considering word, proponent over  applicant in our terminology.  Ernie Zabolotny believes we should move on and present the document for legal review and finish up minor editing later.  Sally says we have a 45 day deadline for Town Meeting.  Copy for the Attorney scrutiny should be ready as early as tomorrow morning.

      Chris Warren is the new editor of the weekly Burlington paper - need to write letters explaining project of new PDD Rules.

      New issue - Grandview Farms - No shows at hearing.  Problem of insufficient  parking places.

      Shari will be editing for minor errors, grammatical etc.  Bylaws - Rules and Regulations -  check list and forms.  The Planning Board has the authority to make changes.

      Shari makes a motion to adjourn, seconded by Andrew Olney.  Next Meeting is Tuesday, the thirteenth of December. 



       
      Joanne
       
    • Paul A. Valleli
      Joanne, Minor detail - at start of meeting, Sally mentioned that we needed to break off discussion on section 12 at 8:00 PM so that we could hear about the
      Message 2 of 2 , Dec 4, 2011
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        Joanne,
        Minor detail - at start of meeting, Sally mentioned that we needed to break off discussion on section 12 at 8:00 PM so that we could hear about the Gutierrez rezoning request. At 8:05 the chair had not stopped discussion, so I made a motion at 8:05 PM and seconded by Andrew.
        The discussion finally broke off at about 8:20 PM after a repeat motion was made by Gary.
         
        On Grandview Farm - I suggested that 50 parking spaces should be adequate to accomodate an activity in the "performance barn" at the same time as other activities may be on-going in the main building. We need to know what the actual legal occupancy will be before a decision can be made. No action at this time.
         
        Paul  
         
         
        ---- Original message ----

        Date: Sat, 3 Dec 2011 05:45:12 -0800 (PST)
        From: JOANNE KINCHLA <kinchlabailey@...>
        Subject: [LandUseBurlington] Land use minutes meeting November 29, 2011
        To: Amy Warfield <awarfield@...>,"LandUseBurlington@yahoogroups.com" <LandUseBurlington@yahoogroups.com>
        Cc: "lmcneill@..." <lmcneill@...>,Jack Kelly <jkellylaw@...>
















         






        Land Use Committee Meeting

        Date:    Tuesday, November 29, 2011

        Time:    6:30 p.m.

        Place:    Town Hall Annex Meeting Room

        Present: Sally Willard, Chair,  Andrew Olney, Vice-Chair, Joanne Kinchla,  Secretary, Shari Ellis,  Wendy Guthro, Gary Mercier, Paul Valleli, Ernie Zabolotny; Planning Board  Ernie Covino, Ann Cummings, Paul Roth, Paul Raymond, Kristen Kassner, Planning Department and Jack Kelly.  Guests,  Attny Robert Buckley, Scott Weiss,  Matt Kealey from VHB;  and Adam Bickelman from Schneider Associates, representing the Gutierrez Company.

        Item 1 - Citizens Time.  No issues presented.

        Item 2 - Article Xll of the Zoning Bylaw.
                a) Next
        steps
                b) PDD Rules and Regulations - Review of current status of document

        Item 3 - Zoning By-laws
            a) Gutierrez Rezoning
            b) Grandview Farms  - parking
            c) Definitions

        Discussion: 12.1.1 etc, if we don't need them - drop them.

        Discussion - Definition of  buildable lot is a lot of any size as defined in by laws. (Article II and Article V).  Wetlands on lot should be considered as factor in determining buildable size.

        Kristen reviews draft of PDD Application 12.1.4 with group.  Scrutinizing differences between old and new  and editing for inconsistencies in numbering, descriptive wording, etc.  Example, mentions items 1-6, but there are only five items. (12.1.4.4- Special Conditions). An item had been discarded from the list.

        Discussion - Impact Analysis 12.1.4.5 - findings under
        headings - a clear intent of what is going to be built by developer, so impact on abutters can be assessed.

        Discussion - Social, economic needs under "e"  #2 potential change to preliminary fiscal impact - retitle item "e" - Change to "Community  Impact Report."

        Under Administrative Requirements - 12.1.5 - Time Line, 12.1.5.2 - Kris rearranges some times in time line.
        discussion over use of 65 days rather than 100 days; 30 days and if Planning Board Meeting not scheduled in those 30 days, than the next scheduled meeting.  12.1.5 - Pictures, graphic, must be approved by the Planning Board before being shown at Town Meeting.  A Consultant as third party incorporated in Covenant.

        12.20 - PDD Special Permit Requirements
        Gary Mercier makes motion, seconded by Andrew Olney to take up another matter at this time.
        Gary Mercier makes motion to reconvene, seconded by Shari Ellis to discuss the Gutierrez
        Rezoning     Proposal.
        Bob Buckley and his team move forward with their presentation.  They have responded to an RFP from the State of Massachusetts with a plan to develop the land previously held by the state at the unused wing of cloverleaf exit ramp of Route 3.   They are working with the Commonwealth and wish to change the zoning on the parcel of land to BD - general business.  It is a 15 acre parcel, no wetlands, but some ponding, bowl shaped piece of land, described as a " canyon".   It was also mentioned that the soil had a high possibility of contamination from being used as a dump for used road sand.  They mentioned a single retail user with a restaurant pad.
        Wheeler Road would be used for access.  Up to 2.5 million would be invested in the intersection.  Cooperation with the DOG - would result in slivers of land being taken to improve exit ramps; bottlenecks would
        be   addressed.  Money would be invested in Middlesex Turnpike. Five million would be invested throughout the corridor.  150 sq feet developed.   There would be a covenant - Mr. Buckley stated that in Massachusetts a Covenant with a town runs in perpetuity.  There would be no access off Route 3.  Acreage is 15.3 with no significant wetlands - all buildable although two areas have ponding.

            Motion by Paul Valleli to reconvene regular agenda, seconded by Andrew Olney.
        We assume with editorials tweaks, Planning Board will approve new PDD requirements.  Commented that it needs a lot of PR  to regain trust of town, Town Meeting.  Statements from various members:
        "Redoing PDD to regain the trust of Town Meeting."
        " Zoning By-laws only tool Town has to develop town in  the way they would like it to be in the future."  "Avoiding last minute surprises, Town Meeting
        will have primary approval."
        "Site Plan will now be the same as what is approved at Town Meeting - without significant changes."

        Discussion:    Shari questions considering word, proponent over  applicant in our terminology.  Ernie Zabolotny believes we should move on and present the document for legal review and finish up minor editing later.  Sally says we have a 45 day deadline for Town Meeting.  Copy for the Attorney scrutiny should be ready as early as tomorrow morning.

        Chris Warren is the new editor of the weekly Burlington paper - need to write letters explaining project of new PDD Rules.

        New issue - Grandview Farms - No shows at hearing.  Problem of insufficient  parking places.

        Shari will be editing for minor errors, grammatical etc.  Bylaws - Rules and Regulations -  check list and forms.  The Planning Board has the authority to make
        changes.

        Shari makes a motion to adjourn, seconded by Andrew Olney.  Next Meeting is Tuesday, the thirteenth of December. 



         
        Joanne
         













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