Burns Avenue Development
Original Case No. 05-19
- Project Name: Burns Avenue Development
- Address:
- (Original): 48 Burns Avenue
- (Revised): 48 Burns Avenue (Parcel 20-136); Union Street (Parcel 20-119); Burns Avenue (Parcel 20-137); 7 Brook Lane (Parcel 20-115)
- Wall Street Development, LLC
- Initial Proposal: 36 homeownership units; Revised Proposal 32 homeownership units
- Decision Filed with Town Clerk 01/13/2020
Project Modification Proposal No.1 (Case No. 20-21 ): legal advert
- 5/6/2020: ZBA unanimously deemed the proposed project modifications to be substantial.
- 2/18/21: Decision filed with Town Clerk to deny
- 11/8/2021: Decision from Housing Appeals Committee
- 12/6/2021: Legal Advert (Remand from HAC)
- 6/3/2022: Decision filed with Town Clerk to deny
- 1/3/2023: Decision from Housing Appeals Committee
- 1/26/2023: HAC Order of Remand
- 3/1/2023: Legal Advert (Remand from HAC)
- 5/17/2023: Decision filed with Town Clerk to approve
Project Modification Proposal No. 2. (Case No. 05-19-02) : Modifications to conditions within the original Comprehensive Permit; legal advert
- 2/11/21: ZBA unanimously deemed the proposed project modifications to be substantial.
- 5/5/21: Public Hearing closed, deliberations by bd.: 5/19/21
- 5/24/21: Decision Filed with Town Clerk
Project Modification Proposal No. 3 (Case No. 05-19-03): Modification to condtion E.13. within the original comprehensive permit; legal advert
- 3/3/21: ZBA unanimously deemed the proposed modification to Condition E.13. to be substantial.
- 3/24/21: ZBA closed public hearing and unanimously denied proposed modification to Condition E.13.
- 4/7/21: Decision filed with the Town Clerk.
Contacts: Lauren Michalski with any questions at lmichalski@walpole-ma.gov or 508-660-7250 or Patrick Deschenes at pdeschenes@walpole-ma.gov or 508-660-7352
Comprehensive Permit Materials for Approved Permit:
- Plan Set Under review by the ZBA dated 2/7/19. This set reflects the plans as approved by the Conservation Commission* pursuant to 310 CMR 10.00.
- Preliminary Architectural Plans submitted 12/2/19
- Staff Memo Provided to the Applicant 11/14/19
- Applicant's Response to Staff memo 11/24/19
- Memo to ZBA from Town Counsel Re: Site Control 11/25/19
- Town Engineer Letter to Applicant 11/26/19
- Applicant Memo to ZBA 12/1/19
- Final Decision, filed with the Town Clerk on 1/13/20
Proposed Project Change No. 1 (April 2020): (chronological order by submission date)
Case No. 20-21
APPLICANT SUBMISSIONS:
*Housing Appeals Committee Rulings and Notice of Project Change Decisions included for procedural history
April 2020:
- Letter to Request for Project Change/ Amendment submitted to ZBA 4/26/20
- Site Plan Re: proposed project change/ amendment, dated 4/21/20, by GLM Engineering Consultants, Inc., submitted 4/26/20
June 2020:
- S&W Application for extension/connection, dated: 6/8/20; Associated Plans with S&W Application submission, dated 5/21/20
- Open Discussion of Conditions, Re: Burns Avenue 40B Final Decision, dated 6/14/20 for 6/17/20 Meeting
November 2020:
- Revised Site Plan, dated 10/22/20, by GLM Engineering Consultants, Inc.,submitted 11/2/20
- Traffic Review, dated 11/16/20, By Green International Affiliates, Inc.,submitted 11/17/20
December 2020:
- Cover Letter, dated 12/28/20, by Wall Street Development, submitted 12/27/20
- Landscape Plan, dated 11/22/20, by Cosmos Associates Landscape Architects, submitted 12/27/20
- Lighting Plan, dated 10/26/20, by Speclines Innovative Outdoor Lighting Solutions, submitted 12/27/20
- Associated Lighting Data Sheet, by GMR Enlights, submitted 12/27/20
November 2021:
- Housing Appeals Committee Decision, 11/8/21
February 2022:
- Amended Site Development Plan, February 23, 2022
- Stormwater Management Report, February 23, 2022
- Traffic Report - Supplemental, February 28, 2022
- Comprehensive Permit Modification, February 28, 2022
- Preliminary Landscape Plans, February 25, 2022
- Requested Waivers - Updated, February 28, 2022
- Firetruck Turning Analysis - Burns Avenue to Union Street, February 28, 2022
- Firetruck Turning Analysis - Union Street to Burns Avenue, February 28, 2022
April 2022:
- Time Extension, April 1, 2022
June 2022
- Decision, June 3, 2022
- Applicant's Appeal of 6/3/22 decision, June 15, 2022
January 2023
- Housing Appeals Committee Ruling, January 11, 2023
- Housing Appeals Committee Order of Remand, January 26, 2023
February 2023
- Cover Letter with Order or Remand, dated 2/2/2023
- Notice of Project Change/Narrative, dated 1/30/2023
- Preliminary Waiver Requests, dated 1/30/2023
- DEP Superseding Order of Conditions, dated 10/26/2022
- Traffic Summary Review, by Kimley Horn, dated 2/1/2023
- Fire Truck Turning Radius Plans, by Kimley Horn, dated 2/1/2023
- Amended Site Plan, by GLM Engineering Consultants, Inc., dated 10/20/2022
- Concept Architectural Renderings, by Morabito Architects, dated February 2021
- Landscaping Plan, Cosmos Associates, dated 11/23/2020, revised February 2023
March 2023
- Response to Town Engineer Comments, by GLM Engineering Consultants, Inc., dated 3/14/2023
- Revised Site Plan, by GLM Engineering Consultants, Inc., dated 3/14/2023
April 2023
- Peer Review Comments, by Tetra Tech, dated 4/3/2023
May 2023
- Revised Site Plan, by GLM Engineering Consultants, Inc. dated 5/2/2023
- Revised Stormwater Report, by GLM Engineering Consultants, Inc. dated 5/2/2023
- Response Letter, by GLM Engineering Consultants, Inc. dated 5/2/2023
- Revised Waivers List, dated 5/4/2023
DECISION: (May 2023)
- Decision rendered May 15, 2023 filed with Town Clerk on May 17, 2023
DEPARTMENT SUBMISSIONS: (most recent-oldest)
- Engineering, 5/8/23
- Conservation, 4/26/23
- Engineering, 4/5/23
- Community Development, 4/5/23
- Fire, 3/30/23
- Conservation, 2/21/23
- Fire, 2/22/23
- Health, 2/28/23
- Community Development, 3/1/23
- Engineering, 3/1/23
- Engineering 3/16/2022
- Health 3/16/2022
- Fire 3/9/22
- Community Development 1/20/21, re: Administrative Appeal of Building Commissioners cease & desist order, dated 11/30/20
- Community Development 1/6/21
- Fire 1/5/21
- Con. Comm. (Order of Conditions) 12/11/20
- S&W 12/10/20
- BOH 12/9/20
PUBLIC SUBMISSIONS: (most recent-oldest)
- Robert O'Leary Letter 2/20/2023, attachment 1 and 2
- Cherl Hayes-Montville 3/16/2022
- Jack Conroy 5/6/20 & 3/16/2022
- Campbell's: cover letter, attachment A, B, C, D, E, F, 1/4/21
- Jack Conroy, Part 1; 2; 3; 4; 5; 6; 7, 12-8-20
- Campbell's: Part 1; Part 2; Part 3; Part 4, 11/15/20
- Robert O'Leary 10/27/20
PEER REVIEW SUBMISSIONS:
- Tetra Tech's Review Letter (February 10, 2022)
- Tetra Tech's Review Letter (March 15, 2022)
DEPARTMENT OF ENVIRONMENTAL PROTECTION:
- Superseding Order of Conditions 5/3/2021
- Site Development Plan, Riverfront Area Disturbance, Sub-B, dated 4/21/2020, revised 2/22/2021
Proposed Project Change No. 2 (January 2021): (chronological order by submission date)
Case No. 05-19-02
APPLICANT SUBMISSIONS:
- Original letter requesting 2nd modification 1/26/21; revised modification letter 2/10/21
STAFF SUBMISSIONS:
PUBLIC SUBMISSIONS:
Proposed Project Change No. 3 (February 2021): (chronological order by submission date)
Case No. 05-19-03
Final Decision Filed w. Town Clerk 4/7/21
APPLICANT SUBMISSIONS:
- Modification letter requesting 3rd modification 2/14/21
Public Hearings: (most recent-oldest)
- 06/01/2022: Agenda, Topics: Decision Deliberation, Meeting Recording
- 05/04/2022: Agenda, Topics: Closing of Public Hearing, Meeting Recording
- 3/16/2022: Agenda, Topics: Revised Plans, accepted minutes, meeting recording
- 2/16/2022: Agenda, Topics: Submission of new plans, Peer Review, Brook Lane connectivity, accepted minutes, meeting recording
- 1/5/2022: Agenda, Topics: Tetra Tech costs/ fees, accepted minutes, meeting recording
- 12/6/2021: Agenda, Topics: plan alterations and peer review scope of work, accepted minutes, meeting recording
- 5/19/21: Agenda, Closed Public Hearing: Topics: deliberations by board and review of draft decision, accepted minutes, meeting recording
- 5/5/21: Agenda, Topics: Modification #2 discussion, weigh-in from Town Counsel, accepted minutes, meeting recording
- 4/7/21: Agenda, Topics: Town Departments & staff comments on proposed modifications to conditions (request #2), accepted minutes, meeting recording
- 3/24/21: Agenda, Opening of Public Hearing for Substantial Project Change No. 3: Legal Advert, accepted minutes, meeting recording
- 3/3/21: Agenda, Topics, Board to determine whether modification request no. 3 is substantial or insubstantial, accepted minutes, meeting recording
- 3/1/21: Agenda, Opening of Public Hearing for Substantial Project Change No. 2: Legal Advert, Topics: introduction to proposed project changes,accepted minutes, meeting recording
- 2/11/21: Agenda, Topics: Board to render a decision and accept draft, accepted minutes, meeting recording
- 2/10/21: Agenda, Topics: Continue to 2/11/21, accepted minutes, meeting recording
- 1/27/21: Agenda, Topics: Closed Hearing- Deliberation by Board only, accepted minutes, meeting recording
- 1/6/21: Agenda, Topics: peer review of submitted materials, accepted minutes, meeting recording
- 11/30/20: Agenda, Topics: peer review scopes of work, accepted minutes, meeting recording
- 11/18/20: Agenda, Opening of Public Hearing for Substantial Project Change No. 1: Legal Advert, Topics: Project introduction, accepted minutes, meeting recording
- 5/6/20: Board deemed the proposed modifications to project of substantial change, accepted minutes, Meeting recording unavailable
- 1/6/20 (closed): Agenda, Topic: final draft decision for discussion, accepted minutes, meeting recording
- 12/16/19 (closed): Agenda, Topic:draft waivers for discussion, accepted minutes, meeting recording
- 12/4/19: Agenda, accepted minutes, meeting recording
- 11/6/19: Agenda, accepted minutes, meeting recording
- 9/18/19: Agenda, accepted minutes, meeting recording unavailable
- 8/28/19: Agenda, accepted minutes, meeting recording unavailable
- 7/24/19: Agenda, accepted minutes, meeting recording unavailable
- 6/19/19: Agenda, accepted minutes, meeting recording unavailable
- 5/29/19: Agenda, accepted minutes, meeting recording unavailable
- 4/3/19: Agenda, accepted minutes, meeting recording unavailable
- 3/6/19: Opening of Public Hearing: Agenda, accepted minutes, legal advert, meeting recording unavailable
*In a M.G.L c. 40B application, local bylaws are under the purview of the ZBA. For questions regarding local conservation bylaws or Wetlands Protection Act please contact Landis Hershey, Conservation Agent, at lhershey@walpole-ma.gov.