Minutes of the Planning Board Meeting of October 19, 2017

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1 Town of Burlington Planning Board Minutes of the Planning Board Meeting of October 19, Chairman Kelly called the October 19, 2017 Regular Planning Board Meeting to order at 7:02 p.m. in the Main Hearing Room of the Burlington Town Hall, 29 Center Street. Members Present: Member Covino, (Member Gaffney), Vice Chairman Raymond, Chairman Kelly, Member Clerk Perna, Member L Heureux, and Member Impemba Also Present: Planning Director Kassner, and Senior Planner Morris Withdrawal MOTION To take item 7.h out of order. APPROVED: h) Continued Public Hearing Petition to amend the Zoning Bylaw, Article II Definitions and Article IV Use Regulations to address and define uses pertaining to structured parking Submitted by the Planning Board Planning Director Kassner explained this item should be withdrawn and re-advertised because it has been on the agenda for over year. This item is being discussed, as part of the Master Plan, is likely to come up on the agenda in the future. MOTION To withdraw without prejudice item 7.h. APPROVED: Citizens Time No one spoke. 3. Announcements Planning Board Minutes October 19, Page 1

2 Master Plan Steering Committee on the following Tuesdays listed below at 7:30am in Town Hall Annex building: o October 24, November 14 & 28, December 12 Mass Society of Municipal Conservation Professionals Wednesday, October 25 at 11am Burlington Town Hall o Discussions: Article 97, distribution of land policy, and protection of natural resources in the commonwealth Veterans Day Ceremony Saturday, November 11 Town Common o Tuscan Grill in Burlington offers free meals to veterans and the invitation comes from the veteran s office in the mail 4. Legal Notices of Interest NONE 5. Non-Approvals NONE 6. Administrative Matters NONE 7. Matters of Appointment a) Continued Public Hearing Petition to amend the Zoning Bylaw, Article II Definitions and Article IV Use Regulations to address and define uses pertaining to Solar Energy Submitted by the Planning Board Planning Director Kassner summarized the discussions from the last meeting and commented: Wall mounted/fence mounted solar panels be permitted? Should portable solar generators be allowed? Accessory use table: o Accessory residential principle use (i.e. single family homes) o Accessory non-residential principle use (i.e. churches, schools) o Multifamily RO zoned properties Stone Brook farms, Arboretum, Beacon Woods, Hallmark Gardens o RG zoned properties Beacon Village and Lord Barron o RC zoned properties Atria Longmeadow Staff is researching some of the 184 green communities in Massachusetts with solar regulations Planning Board commented: What is the amount of energy sold to the grid to constitute a business and what is the reasonable amount of energy consumed by the average resident? Add dimensional requirements and ways to prevent intrusiveness to neighbors Solar should be permitted in RO as long as it is for that property only Planning Board Minutes October 19, 2017 Page 2

3 Ernest Zabolotny, 33 Paulson Drive, TMM precinct 5, noted it is not possible to get rich from selling solar to the grid, because Eversource pays below market rate for the energy, and there is not enough room on the average residential lot to install enough solar panels to make a significant profit. Member Gaffney arrived to the meeting at 7:39pm. MOTION- To continue this matter to the Planning Board meeting of November 2, APPROVED: (Member Gaffney abstained) MOTION To take items 7.b thru 7.f together for discussion purposes. b) *Public Hearing Application for Approval of a Special Permit pursuant to Section Light manufacturing or processing plants of the Northwest Park Planned Development District Bylaw 63 Third Avenue Desktop Metal Inc., Applicant c) *Public Hearing Application for Approval of a Special Permit pursuant to Section Laboratories engaged in research experimental and testing activities including, but no limited to, the fields of biology, chemistry, electronics, engineering, geology, medicine and physics subject to the Planning Board making the findings set forth in Section of the Zoning Bylaws and subject to the applicable rules and regulations of the Board of Health of the Northwest Park Planned Development District Bylaw 63 Third Avenue Desktop Metal Inc., Applicant d) *Public Hearing Application for Approval of a Special Permit pursuant to Section Hazardous and toxic materials/chemical use storage, transport, disposal or discharge of the Northwest Park Planned Development District Bylaw 63 Third Avenue Desktop Metal Inc., Applicant e) *Public Hearing Application for Approval of a Special Permit pursuant to Section Generation or storage of hazardous waste in excess of the volumes classified as a very small quantity generator of the Northwest Park Planned Development District Bylaw 63 Third Avenue Desktop Metal Inc., Applicant f) *Discussion Application for Approval of a Minor Engineering Change 63 Third Avenue Desktop Metal Inc., Applicant Applicant Representatives: Robert Buckley Attorney Riemer & Braunstein, LLP Frank DiPietro Engineer BSC Group Kevin Li Operations Manager DeskTop Metal, Inc. Planning Board Minutes October 19, 2017 Page 3

4 Amy Buntle Director of People Operations DeskTop Metal, Inc. Mr. Buckley noted on October 6, 2016 the Planning Board approved these special permits. The applicant is before the Planning Board now for the same permits to expand the operations, and a minor engineering change for the dust collectors. Ms. Buntle explained when DeskTop Metal first came to Burlington they had 40 employees, now they have 160 employees, and in six months there will be 225. So the expansion is necessary. This is still research and development facility, and they are now focusing on the manufacturing application of the 3D printer. The manufacturing for sale of these printers is done in Vermont. The environmental health and safety employee started working for DeskTop Metal, Inc. on Monday. She will be working closely with the Board of Health. Planning Director Kassner noted there are 232 parking spaces on site, which is sufficient for this operator. Staff had no issues. Vice Chairman Raymond read the departmental reports for the record. Mr. DiPietro explained the details of the minor engineering change. Planning Board commented: If the environmental health and safety employee needs additional assistance, she is allowed to contract that out The combustible solvents will be stored in the fire rated room, which was reviewed and approved by the fire department Employees are certified for chemical handling, it is part of their onboarding, and there is also a review and safety committee New dumpster will be part of this application Purpose of the dust collector is to gather the metal dust, and the hazardous vapors are gathered by condensers No public comment was offered. MOTION- To close the public hearing on these matters. MOTION- To approve the Special Permits (items 7.b thru 7.f ) for the property located at 63 Third Avenue as requested by DeskTop Metal. MOTION To approve the Minor Engineering Change for the property located at 63 Third Avenue as requested by DeskTop Metal. Planning Board Minutes October 19, 2017 Page 4

5 g) *Public Hearing Application for Approval of a Special Permit pursuant to Section Convenience food stores, drugstores, retail stores for sale of beauty and health aids, smoking supplies, periodicals; none with the sale of food intended for consumption on the premises of the Zoning Bylaws 207 Cambridge Street, Unit D Devendra Patil, Applicant Applicant Representatives: Devendra Patil Owner TBD Indian Market in Burlington Manuel Shaikh Partner TBD Indian Market in Burlington Mr. Patil explained the request to open an Indian food market. No cooking will occur, and a handicap access ramp will be constructed. And an awning will be installed. Deliveries will be done while the store is closed. Planning Board staff commented: Applicant needs ADA improvement prior to opening (i.e. a ramp and marking handicap parking spaces), and a sign on the building for their business All outside modifications will need to comply with the rules and regulations of the down town overlay in regards to design, which will be reviewed and approved by the Planning Director Deliveries should be done between 7am to 7pm per the General Bylaw Staff reviewed the parking requirements, and there is sufficient parking for this business No temporary signs is noted in the decision Applicant must notify staff about the location dumpster, and cart corral o Property owner has been notified to enclose all dumpsters on property The Planning Board discussed: The applicant will gather the carts to prevent excessive parking lot hazards Figure out a way to improve the esthetics of the building, with gooseneck lighting, shutters, window boxes, etc. to make it more inviting for pedestrians o Reach out to the building owner to attend a Planning Board subcommittee Prevent a dumpster critter infestation, the market waste will be in tied plastic bags prior to being thrown in the dumpster, and the dumpster will be kept closed The applicant did meet with the Board of Health The Planning Board requested: Planning Director will review and approve the awnings and materials for the dumpster enclosure Get the name of the three markets in Waltham Mr. Patil/Mr. Shaikh worked for, and staff should research to see if there have been any issues Vice Chairman Raymond read the departmental reports into the record. Planning Board Minutes October 19, 2017 Page 5

6 No public comment was offered. MOTION- To close the public hearing on this matter. MOTION To approve the special permit for the property located at 207 Cambridge Street, Unit D requested by Devendra Patil. 8. Minutes June 15, 2017 & July 20, 2017 MOTION To approve the Planning Board minutes of June 15, 2017, and July 20, 2017 as printed. APPROVED: (Chairman Kelly, Vice Chairman Raymond, and Member Impemba abstained) 9. Other Business a) Discussion Cambridge Street (Gulf Gas Station) subcommittee The applicant could not meet for the previously scheduled meeting and the subcommittee rescheduled for November 1, Staff will the Planning Board members the final details. 2. Under review by Planning Board staff: 161 Bedford Street Citgo Gas Station Uhaul lawn signs / 180 A Cambridge Street Shaws Money Gram signs o Senior Planner Morris will the copies of the strongly worded letters from the Building Inspector to the property owners 61 Middlesex Turnpike Shell Gas Station - Inflatable balloon man 66 Middlesex Turnpike former Midas location - Temporary signs 3. 2 Wall Street Temazcal Member Gaffney inquired about the the outdoor seating that has the gate with no fence. Senior Planner Morris explained that according to the Building Inspector, Tom Clancy, how it is constructed currently is what the Board of Selectmen approved in the liquor license. Planning Board Minutes October 19, 2017 Page 6

7 4. Informational highway sign at Simonds Park Vice Chairman Raymond inquired about who controls that sign, and whether or not it was permitted. 5. Appeal of the Friendly 40B on Corporate Drive Vice Chairman Raymond announced the appeal had been resolved. The Maple Ridge abutter and the property owner reached a resolution. Planning Board staff noted the property owner has to go before the Board of Selectmen to get the 40B project approval and the Board of Appeals have to sign the final plans. Vice Chairman Raymond requested the Planning Board send a letter to the property owner thanking them for all their hard work. 6. MilliporeSigma Grand Opening Member Covino attended the opening, and he noticed the wall art was up. He suggested the Planning Board members check it out. Member Clerk Perna thought the illuminated M was too bright, and Member Gaffney suggested Planning Board members give feed back to the Board of Appeals. b) Correspondence None. c) Reports from Town Counsel None. d) Subcommittee Reports None. e) Unfinished Business Cambridge Street - Former Building 19 ½ site Member Impemba inquired about the status of the Dearborn Street connection from this site. Planning Director Kassner explained EverSource is putting in an underground electrical connection to Dearborn Street for redundancy. It is EverSource s preference to put it underground and this will not become a connection for access. Planning Board staff will notify the property owner s representative, Susan Potter, to inform the neighbors of what will happen there, and when. Member Impemba requested the applicant disturb as little a possible and to preserve the trees. f) New Business None. MOTION To adjourn at 8:50 pm. Respectfully Submitted, Approved by, Planning Board Minutes October 19, 2017 Page 7

8 All decisions are on file with the Town Clerk. All the noted documents are on file and can be viewed in the Planning Department. A DVD recording of the meeting is on file in the Planning Department. Planning Board Minutes October 19, 2017 Page 8

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