BILLERICA PLANNING BOARD Town Hall 365 Boston Road Billerica, MA Fax

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BILLERICA PLANNING BOARD Town Hall 365 Boston Road Billerica, MA 01821 978-671-0962 978-670-9448 Fax Marti Mahoney, Chair Vincent D. MacDonald Matthew K. Battcock, Vice Chair Gary DaSilva Patricia Flemming, Secretary John Burrows Dean D. Santoro A Meeting of the Billerica Planning Board was held on at 7:00 P.M. at Town Hall Room 210, 365 Boston Rd. Billerica, MA. Present were Chair, Marti Mahoney, Vice Chair, Matthew K. Battcock, Secretary, Patricia Flemming, Vincent D. MacDonald, Gary DaSilva, John Burrows and Dean D. Santoro. Christopher Reilly Director of Planning was also present. Vin MacDonald- We start our meetings with the Pledge of Allegiance. Thank You. reorganize. The board will now Matt Battcock I nominate Marti Mahoney for Chair. Pat Flemming 6 in Favor 1 Abstained Marti I nominate Matt Battcock for Vice Chair. Pat Flemming 6 in Favor 1 Abstained Matt I nominate Pat Flemming for Secretary.

6 in Favor 1 Abstained Pat COMMITTEE APPOINTMENTS I motion that we move this to the end of the meeting tonight. OPEN MICROPHONE Pat Flemming- Is there anyone here tonight for open microphone? Jim Dangora Jr. We are here tonight to discuss the landscaping and the walls at Village Crossing. Some of the landscaping may not be complete on time we would like to obtain a bond for that. George wants to make sure that the Planning Board is pleased with the project he is looking for Occupancy permits for Building 4. In the boards opinion are the landscape walls minor or major will they require a public hearing? We are willing to place a bond for the landscaping at building 4. We do not want this to hold up occupancy permits. We have two closings this weekend for building 1 and we do need signoffs. Chris Reilly- You are asking for a bond request now, the first time I received info on this was last Thursday. I am following the plan and the zoning by law regulations. This is not the proper way to proceed. I have gone to the site daily to do inspections. I do have some concerns regarding how they have approached me. I would advise the board to proceed with the landscaping they have plenty of time to put in the landscaping. I also recommend not allowing the bond at this time. Will the walls that were installed affect the drainage? They were not on the plans. They need to be inspected. Jim Dangora Jr.- George does work closely with all of the other boards. He has not had any feedback from Mr. Reilly or the Planning Board. George has invited Mr. Reilly to the site then last Monday we had 4 to 5 of snow. They were going to install the berm this morning but couldn t because of the rain. We have an estimate from the landscaper for building 4 for $5K. We have emailed and made phone calls with no response. George is getting nervous. We have 20 families buying next month and a half. He wants to work with you folks and Mr. Reilly. Your opinion on the landscape walls is significant. 2

Marti Mahoney- Anything else Mr. Dangora? We do need communication here. Chris Reilly- I have suggested the board not issue the bond. They can finish the landscaping that needs completion. Marti Mahoney- I understand the issues the walls must be correct. I am not doing he said he said here. Is it a possibility for the three of you to sit down and talk? Chris Reilly- The walls are not on the plans there has been no peer review or anything from engineering. That is my concern. Can we set up a meeting in two weeks to get this solved? Jim Dangora We will take them out. Pat Flemming- I walked the site it looks good. The walls are two feet maybe but we need to get this done and finished. Jim Dangora Jr.- Can we discuss the bond? Marti Mahoney- Yes it s a good faith bond. I think the walls are better for the project. I would like the consultant go out to see them. I motion that we accept the bond for $5,000 and continue Village Crossing to another meeting on April 21, 2016 at 7:00 P.M. in the Planning Board Office. Pat Flemming- 6 in Favor 1 Opposed Marti ANR PLANS Whipple Road & Coolidge Street Pat Flemming- Do we have any ANR Plans tonight? 3

John McKenna- This is an ANR Plan and we did receive a variance from the Board of Appeal to subdivide the lot. They allowed us to move the lot line to make the lot more regular shaped. This plan is to create 2 newly shaped lots. Vin MacDonald- Does Lot C have enough frontage? John McKenna- No they don t. Marti Mahoney- There are currently 2 homes and one new lot. I motion that we approve the ANR plan as submitted. Vin MacDonald- ARTICLE # 27 REZONE BOSTON & TREBLE COVE ROAD I motion that we open the hearing and waive the reading of the notice. Matt Battcock Steve Lentine I am here for my clients tonight. They have 3 parcels of property at 44 Treble Cove Road, 186 Boston Road and 190 Boston Road which is General Business. They would like to tear it all down to make a retail plaza with a Restaurant. By my client doing this we hope that it will make the Mobil more attractive to a buyer and the town will have more tax revenue. The existing structures are run down. This will be a benefit to the town as it is the Gateway to our community from Chelmsford. This is fairly simple rezoning in keeping with the Boston Road zoning. Michael Fabiano- We have two concept plans for the site he showed the board the plans. One concept will be close to Boston Road and the other will be more set back. There will be two entrances and the lots combined will be about 1 ½ acres. 4

This is definitely a positive thing we will absolutely need to look at the traffic at that intersection. This is a great idea you have my support. Vin MacDonald- Business does come with mitigation. Any development will trigger Site Plan Special Permit. Chris Reilly- I recommend the board vote in favor of this project. Marti Mahoney- The resident behind this property is concerned? It looks very close together. Steve Lentine- There is an undeveloped paper street between both properties. He has a built in 40 buffer. I motion that we go to the audience. George Simolaris This did come before the Selectmen it will create new growth. The old houses are next to the Historic District and the plan made it through that board. I would like them to keep the Historic District in mind when building. I motion that we close the public hearing. Matt Battcock I motion that we recommend Article #27 to town meeting. Matt Battcock 5

ZACKNEY EATATES DISCUSSION Michael Bonafant We are still trying to complete the bounds as they were done wrong. They are not in as of yet. As for the granite curbs there is some confusion as to what was promised and we are trying to work that out with the residents. Mr. Poor is still in charge of the homeowners association. What actions can we take here? We have given you many extensions. Chris Reilly I would need to speak to town counsel. I agree. Pat Flemming- Can we extend just one more meeting and that s it? I think that Mr. Reilly should talk with town Counsel. Chris Reilly- I can do that. This will truly be the last extension. I motion that we continue this to May 9, 2016 at 7:05 P.M. Pat Flemming ARTICLE #24 PARKING REQUIREMENTS FOR RESTAURANTS - I motion that we open the public hearing for Article #24 and waive the reading of the notice. Pat Flemming - 6

Chris Reilly We had a presentation at the last meeting for this Article to reduce parking for all restaurants. Our regulations are pretty stringent and that is the intent behind this article. Marti Mahoney We can go to the audience. George Simolaris- What are the surrounding towns that have less parking? Rob Anderson Bedford has 1 space for 4 seats, and 1 space per employee. Littleton is the same. Burlington has 1 space for every three seats. Right now we have very restricted regulations. Doing this will give us more opportunity to get some nice restaurants in our community of Billerica. This will also allow us to develop some of our smaller lots. I motion that we close the hearing. I motion that we recommend Article #24 to town meeting. ARTICLE #25 - AMEND TEXT IN SECTION - 5.C.5.c.2.b MOTEL /HOTEL I motion that we open the public hearing for Article #25 and waive the reading of the notice. Chris Reilly- The intent is to reduce the requirement from 10 acres down to 3 acres. We would like to compete with other communities to attract hotels to our community. Marti Mahoney- We can go to the audience. This is just for lowering that acreage and nothing else. 7

Pam Aparo How many of these parcels are boarded by residential? Rob Anderson- The areas we are opening up are by Commercial & Industrial zones. We have identified about 3 or 4 sites. The majority of the sites are underutilized and in an industrial park. Pam Aparo Can that statement be documented? Rob Anderson Yes there are setbacks, greenspace, and height restrictions. We are trying to develop many sites. Pat Flemming This is a big change what made you consider 3 acres? Rob Anderson There are 19 communities that have 0 acerage requirements for Hotels. With our current dimensional requirements you need 435,600 sq. ft. which is extreme In Burlington for instance you only need 120,000 sq. ft. So we are not opening any doors with our requirements. George Simolaris Only 3 acres why not 5 acres? What will buffer the residents? We are looking for certain target areas. The former Irish American has residents across the street. Adrian Card Do we really want to emulate other towns or communities? What communities are we looking at? Rob Anderson Littleton, Marlboro, North Andover, Andover, N. Reading, Reading, Chelmsford, Westford do not have acreage requirements. Dean Santoro This is change of multiple levels more opportunities but not in residential areas correct? Rob Anderson Yes Tracy Has the town done surveys? 8

Rob Anderson- There is a need for amenities to attract the business development community we have in town. You will see that in another project coming up later in the meeting. Ken In my opinion economic development and growth are good but we are a small town. Does this go along with the smart growth plan? It would be good to see a map of the areas that will be affected. Melinda I am concerned about going from 10 acres to 3 acres. We are slightly concerned about this. Peter This is all very vague do we need to make a decision right now? We are losing our old home town appeal. Jim How will this fit into the Master Plan? Rob Anderson Hotels can only go into an industrial or general business area. It needs to be amended to attract new businesses. Hotels create jobs. The 3 acre minimum was put in place back in 1989. We have 3 hotels in town and the new businesses are looking for these amenities in town. The hope is always to redevelop industrial areas. Harold Spencer I grew up on Manning Road Its crazy to go from 10 to 3 acres. I live in Tewksbury they finally got rid of Motel Caswell and Motel Six there are police there all the time. I don t think we should do this. Vin MacDonald There is a lot of emotion here tonight this is an Article they come to the Planning Board for approval and then go to Town Meeting. This is not our decision we can recommend it to Town Meeting but the Town Meeting members will make the final decision. Whether we recommend this or not it goes to town meeting. Rob is trying to do the right thing. The zoning hasn t changed since 1970 s this will also help pay for taxes. Pat Flemming I would rather see it go from 10 to 5 acres. I motion that we close the hearing for Article #25 9

Dean Santoro 6 in Favor 1 Abstained Vin I motion that we recommend Article #25 to town meeting. Pat Flemming 4 in Favor 2 Opposed 1 Abstained Gary & Pat Vin Pat Flemming I motion that we approve the minutes of March 14, 2016 5 in Favor 2 Abstained Dean & John 29 DUNHAM ROAD PHARMALUCENCE S.P.S.P. PUBLIC HEARING I motion that we open the public hearing and waive the reading of the notice. Pat Flemming Chris Reilly - This is a 22K sq. ft. building expansion for their world headquarters. They will be doing their presentation tonight. Taylor Dowdy Engineer for BSC Group and for this project. This is an international company moving from India back to Billerica. There will be a reduction in parking based on need. We will be going to the ZBA for a minor change. There will be a minor increase in traffic adding about 28 additional trips. We currently have 150 parking spaces and we are proposing 202. The new lot could be converted to a parking structure in the future if necessary. Utilities are already onsite. We meet with Conservation this Wednesday night we will be maintaining the drainage systems and patterns and have porous pavement in the new parking lot as a solution to impervious pavement. Nothing is a show stopper so far as we are looking over the peer review letter. Does the board have any questions? John Burrows What is your completion date for this project? 10

Dan O Brien We would like to be in there as soon as possible and complete by September. New businesses are incentive for roadways will you be part of that business road association? Dan O Brien We met with the town and would like to help with the roadways. We will be looking to buy more properties in this industrial park. We also need good quality hotels. Vin MacDonald How are the catch basins & swales they were put in back in the 1980 s? Taylor Dowdy- There is no debris in the basins we also see a flow in the pond so it is working. We will be checking everything. We have flagged everything for conservation. Vin MacDonald Will the buildings be the same as existing? Dan O Brien Yes they will be the same but a different color for contrast. Vin MacDonald- Taylor you said there was existing parking for 150. Taylor Dowdy Yes so that leaves a net of 52 spaces to be done we do have a green strip that surrounds the site but we do not meet the green strip around the building. Dean Santoro We should have had this presentation prior to the Article for Hotels/Motels. Maybe the residents would understand why we recommended the article. Vin MacDonald They are looking for 5 waivers. Can we go over them for the new members. Taylor Dowdy - We actually received the first 4 waivers were through the ZBA and the last one will be a reduction in the amount of required parking through this board. The board and audience had no more questions. 11

I motion that we continue this to our next meeting on May 9, 2016 at 7:10 P.M. Matt Battcock - EMD SERONO 45 A MIDDLESEX TURNPIKE S.P.S.P. PUBLIC HEARING 4/11/16 Chris Reilly This is a continued hearing for the landscaping plan with the view off of the neighbors deck in the direction of the expansion has all been addressed we have a draft decision tonight. This project has been well engineered. Taylor Dowdy We have worked with the neighbors onsite to provide 10 to 20 arborvitaes. We will be meeting with them again to be sure that they are happy. Chris Reilly They do have field locations for some of the trees. Vin MacDonald Can you have some of the developed trees moved? Taylor Dowdy Yes but we looked at them they are not as big as we originally thought. And will not offer as good of a screen as the larger arborvitaes. The board and audience had no more questions. I motion that we close the public hearing. Vin MacDonald I motion that we approve the project with conditions as amended tonight. Vin MacDonald 12

I motion that we adjourn. 13

I, Patricia Flemming, Secretary of the Billerica Planning Board, do hereby certify that the foregoing is a correct and true copy of the Planning Board meeting held on Aprril 11, 2016 Patricia Flemming, Secretary Kathleen Vogan, Secretary/ Clerk 14