Fantastic. >> Okay. I'd like to call to order the gardener zoning meeting for this evening, December, December 18. Uh, first I'll apologize for my voice
because I've been losing it. So, I'll do the best I can. Okay. Before we begin the public hearing, I would like to familiarize you with some of the ground rules and how we conduct the hearing. In Gardner, four members out of five of the
of the zoning board of appeals must be present to conduct a legal hearing. Applications will normally be heard in the sequence in which they appear in the public notice. The board is under no obligation to adhere to this sequence.
All hearings shall be open to the public and no person shall be excluded unless he or she is considered to be a hindrance to the work of the board. An applicant may appear on his or her own behalf or be represented by an agent
or attorney. The applicant or his or her representative shall present the case to the board. The representatives of this the city shall be heard. The abuters to the property present shall be heard. Those
in opposition to the application shall be heard. Members of the board who are hearing the case may direct appropriate questions during the hearing. The board must render its decision regarding variance requests within 100 days after the application is conduly
filed in the office of the city clerk. The board regarding the special permits must conduct a public hearing within 65 days after the application was filed in the city office or the office of the city clerk. The board must render its decision
regarding special permits within 90 days after the closing of the public hearing. All four members out of five of the board must vote in favor of the variance of special permit for it to be granted and approved.
The right to appeal against the decision of the board is provided for in chapter 48 of the zoning act. The information is available in the office of the city clerk. No variance or special permit or any extension, modification or re renewal
thereof shall take effect until notification from the city clerk that the 20 days have elapsed after the decision has been filed in that office and no appeals have been filed and is recorded in the registry of the deeds
for the county or district. The board requests that each person identify himself or herself as to the name and address before addressing the board. Sitting on tonight's hearing, Mario off
to my right, myself, acting chairman, Richard Hanks to my right, Robert Rice, and Mr. Antea. By the way, this is his last formal
meeting. >> His second last formal meeting >> and and this meeting will be taped and videotaped. Did anyone Does anyone object to the videotaping? >> The board requests that all cell phones
be silenced to prevent any interruption during the meeting. >> That includes me. I keep forgetting. Okay. All right. First case uh we're going to
hear tonight is case number 2025-12-01 for special permit. Land Patel 69 Oak Street Gardener Mass 01440 partial number M27-24-58 change of use relief for three family
multi-use Mr. call a representative. >> Could you uh introduce yourself? >> Give us a name and address. >> Would you step up for the please? >> My name is Suresh Patil U. Nanda Patil is the owner. We own it together. Um
currently when we sought uh the building permit we were suggested that we should get a special permit before we it doesn't have any sorry um they said that it doesn't let me read what they said the above reference property is located
in the Abora reference property has been vacant since approximately 2014 has lost its status as a three family dwelling as outlined in uh 625 429 non-confirm performing uses of structures and uh we
would request you to reinstate the status. >> Okay. Um one of the issues that always seem to come up in that area is is parking. How much parking space do you have?
>> We at least we already have four. >> If need be, we can make it more than that. >> You need more than that? >> Yeah, we can make it. How many bedrooms? >> Well, it's good at I think each unit has
three bedrooms. >> Okay. So, you need two per >> two per bedroom. >> So, you need six. >> Three per unit. >> Is it three? >> Two per unit. I'm sorry. >> Yeah, two. We can make it. >> You need six spaces. >> Yeah, we already have four or even five.
We can make other >> Do you have a diagram that shows that or something that shows how you do that parking the layout? Uh, at this time I do not have I can submit one. >> Certainly. I'd like to see that. >> Yeah, sure. I can I can submit one soon.
>> So, you currently have two apartments rented? >> Tell me again. >> You have two apartments currently that are they occupied? >> No, they're not occupied. >> So, the building's empty. >> Yes. >> First of all, we need to repair it
there. It's I don't think it's habitable at this point. >> Mr. Patel, how many how long has uh the building been vacant? >> How have we been building? >> How many months or years have the apartments been vacant?
>> I do not know. We own it about like 5 months since. >> Was the building empty when you purchased it? >> Yes. Okay. >> We purchased it as is. Even now as of now there are so many material new material and old material have been left we haven't touched it because we were suggested like until the zoning permit
is done we cannot do anything before according to the uh building commission's letter was vacant since 2014 >> where do you uh move the or plan on uh putting the snow from the your parking
area. >> Uh the areas are about six six of the parking areas that we have. It's just like a driveway. We would just push it outside. Nothing beyond. It's as as big as about three parking
lots. The long length of the driveway, it's about three parking lots. So, and if you put a side by side, there could be six of the cars. So it's not very long that even in a heavy snow like a 2 ft it wouldn't pose any problems for dumping the snow.
>> So what this this seems to be the only picture we have is your uh were you pl I mean is your parking over here? >> No on the sides. >> This side >> this side there's there's clear driveway. Uh I don't know. Yeah, maybe I
didn't make a picture of it, but there's a clear drive on the as we are looking at the building on the left hand side of the building. >> Maybe on the left as we're looking at the building. >> That's where your parking is. >> Yeah. Yeah. >> Pardon? >> Nothing. I don't have any pictures.
>> It's right here. >> I wasn't sure where it would be over here. And how much uh room do you have to the left of your building? From the property line to the building. >> How much do I have room to from the
street? >> No, from the left hand side of your property, your lefthand property line to the building >> about 30 more than 30 ft. >> 30 ft. And that's all driveway or >> that's that's a driveway so far. It's all asphalted.
>> Okay. And how wide is the driveway? >> Driveway is about 24 ft approximately. So you have about 6 ft before >> Yeah, we do >> before the property. >> So yeah, the the existing property has been conforming to any other uh you know city requirements. It's there's nothing
like that. Only thing is if we want to make it habitable, we need to work on it and to work on it, we need a permit to need a permit. We need the zoning varian. >> I understand also uh there are nine items that you you need to answer for a
special permit and I don't see it anywhere. I've answered all the email right here. >> I don't have any. >> Could you uh >> if he reads it? >> Yeah. Can you just quickly go go through those nine issues?
>> Um I'll try. >> Okay. >> Issues are the criteria that you require. >> Pardon me. >> The issues I do not see an issue but I see a criteria that is required for the special permit. You said issues. So I do not know is so
you're saying it's not applicable. >> Uh I'm a bit confused about the question. >> It doesn't apply. You don't you don't think it applies to this this issue. >> Is that what >> the issue is about the zoning, right?
>> I think we're >> No, mixing criteria and issue. >> I think so. Yeah. >> Yeah. Is it the criteria that you're looking at or the issues? >> The criteria. >> Yeah, criterias. I do have some answers for you. And the first thing is the proposal shall be suitably located at
the neighborhood in which it is proposed and or the entire city shall be compatible with the neighborhood. Yes, it does. Uh we are not making any changes to the existing structure. All that we are trying to do is to clean it up and make it habitable. So the next one is the
proposal shall provide convenient and safe vehicular pedestrian movement within the site and in relation to the adjacent streets properties and improvement. Yes, it does there's there's the even if there's a
like for example UPS or Amazon or anyone comes or if there is no emergency we have enough room to clear up. The proposal shall provide adequate space for off- streetet parking. Yes, we do have off- streetet parking also. A lot of people do park off street as well
and the street is I think more than 60 ft wide. So, we should not have any such traffic problems or so. >> Well, let's let's get back to the the parking issues. Um, when you say you have six uh room for six cars, is that
considered buddy parking as we call it? Uh 10. What is it? Tandem parking. >> Tandem parking. >> Yeah, >> it does. So, how many cars would have to be in a line for that? >> Two, three. In order to get six units in there. >> To make it six, all that I have to do is
to free up some of the uh land on the right side. And I can put six more probably in that side. depend >> the assorted can take at least five assorted area already for the driveway
can take five >> yes when you say to the right hand side of the property >> as I'm looking at the property yes >> and also the left so you see >> left already has been assaulted and it can take at least five as of now and if
we clean up everything it can take six but I'm promising you that if need be I can go on the right side and clear it up to make 86. >> Problem with that is you'd need a second driveway and you don't have the required frontage for that. That would be another variant. You need
>> to make I couldn't understand. >> You're only allowed one driveway access to a property. >> So, it's not a driveway. I'm making only the parking spots. >> Then how do you get to the parking spot? >> It's accessible by the street. >> That would be another driveway entrance. If you do another curb cut, that would
be another driveway entrance. >> Yes, we do have. So, what I guess if if we want to get you right to the point, you're going to need to provide us with a parking plan showing how you're going to meet the requirements of the parking requirements for the city. >> Of course. Of course. Yes, I do. >> And then and then as um he was saying
that you your your parking plan, your site plan should also show where you plan on putting all your proposed snow. >> Yeah, I can I can prod provide anything that the city requires u and we will abide to the city ordinances. So, so, so take a look in
the in the ordinance of what's required for parking, just the size of the parking space, the maneuverable space around a parking space, the width of of a of a driveway to access your parking, and then have us have a parking plan designed for us. So, >> uh, well, we can >> because we there's a lot of
hypotheticals. You say you can get six, but you got to show us how you can get six. >> Yeah, I understand. I can make one for you. I can get it made by the engineer either and submit it so that the city council's convinced that we do have enough parking. >> Okay.
>> Was it previously a three family? Does anybody know? >> Yeah, it was. >> It was one time, but that had to be back. >> Well, >> it was in 2014 because >> was when it was >> it's been vacant since 2014, >> right? >> 11 years.
>> Yeah. Wow. And we could not even know the history of the property at all, neither from the city nor from the rooster country. >> So, so, so as it stands now and you'd have to check with the building department. They would probably let you do it as a two family. It's zone for one
and two families, but the three family requires a special permit. So, so you have to get show us how you can meet the requirements for a special permit to be a three family. And one of the big requirements is the parking. Okay. >> Okay. As I said, we will try to meet the
parking uh needs that is required by the city. Number one. Number two, to make it whether it's two family or three family, we have to make it habitable first of all. It's not habitable at this point. So to do that to to initiate anything, we need a building permit and the
handyman's permit or whatever those things to go there, we need the zoning be done. >> I understand. But yeah, what we're saying is that in order to get that, we need a parking plan. >> Okay. >> Mr. But do you have any objection to make it
as a two family now or a single family? >> Check with the building commissioner. But I think I think it is. >> I think a two family is allowed by right and then you'd only need four spaces >> for for two family. Four spaces are already there. >> I'm sorry.
>> They're already there. We do have four families. You already have it already two family. >> Tell me again. >> No, they already have the four parking spots. >> Yeah. >> For a two family. >> But you is that what you you would intend to do is make it a two family instead of a three family. >> Yeah. So here is my
loud thinking. Yes. Give us that permit. We'll make it and when we come back for the special permit again or variance for the three family, we will provide you whatever the requirements you require. You I mean the council requires. >> Well, I would suggest that uh you need
to deal with the building commissioner to make sure that um you can in fact do two family if that's the approach you want to take. >> Um >> is that zoning district? >> I couldn't understand that. >> No, if you if you want if you want
authorization to have two family, you have to talk to the building commissioner first. I will >> I have already in touch with her >> and she has uh suggested that she would go ahead and help as much as she can within the rules of the regulations and
she said it should not be a problem uh to to make it as true family as is now. >> Is it already do you already have there three separate apartments? Are there three like >> Yeah, they are. We as I said we
purchased this. This is a three decker. So there it's not that we are making any modification in that. >> So there's already a third uh kitchen >> up up on the third floor. >> Yes. Yes.
It's already there. We are not doing any structural changes. We're not doing any uh say rooms or anything. Whatever we are trying to do is to reinstate whatever the building was or the dwelling was maybe in 2014 as you said.
>> Yeah, >> understand. Was the building well was it then a three family or was it >> record says yes? >> Record says yes and the structure looks like as it is. There are three separate families. >> Okay. You from what I see you've got two
directions you can go in. you can talk to the building commissioner about a two family if that's the approach you want to take. >> Um, and see where that goes. Or you can continue down this path of
getting this special permit um, which we'll finish off the the uh, >> nine >> the nine issued items that you need to talk about. But then after that, we need back to we need the parking plan.
>> Mhm. >> Um, >> so we understand what you're trying to do there. >> Yes, we do understand. But I have a question here. To initiate any repairs or anything, what do I need as of now? >> Initiate what?
>> Any re restructuring or rebuilding the place or to make it habitable? What do I need? According to the commissioner, I need it to be reszoned. That's it. It's R1, R2, R3, whatever. >> Because you're asking for three three apartments. >> I'm asking for three because based on
the records, it's three. >> Okay. >> Right. So, you you you're here because the the pre-existing use being a three family was abandoned for more than two years. The ordinance says that if you have a non-conforming use
>> and the use has expired for more than two years, it loses any grant by the protection. >> So I have this question. You've been collecting taxes three units. >> Pardon me. >> The the city has been collecting taxes three units all these 14 years or whatever.
>> But that doesn't matter. >> Has it been occupied for the last 11 years? >> It has not been occupied. >> Then then it's lost its grandpa the status. How does it still lose the status? If if it loses status, then you should not have taxed me. >> Taxes are are totally irrelevant and
separate from zoning. But the assessor can say whatever they are. They can tax you whatever they want. If you disagree with your tax bill, you have a right to file for an abatement. >> So >> every year when the tax bill comes out. So So if no one's ever filed for an abatement of the taxes, that's that's
just lost revenue that the you absorbed. So what is my right now or what is my duty now? >> Right now if if you want to continue to use that building as a three family, you need a special permit from us. >> Okay?
>> And that's why you're here. >> Okay? >> So one of the requirements under a special permit for a three family is you have to satisfy our parking requirements to show that you can get the two spaces per unit. You have three units. So you need six parking spaces. So, you have to
show us on a plot plan how you're going to achieve six parking spaces on that site plus snow storage. What are you going to do with the snow? >> Okay. >> All right. Okay. >> So, in our ordinance, we have the requirements for a parking space. The width, the length, maneuverable space
around it should depend on how it's set up. So, you might you're going to have to take a look at having a plan drawn that will satisfy the parking requirements of the ordinance. Okay, we can do that. If so, if I don't do that, what will be the results?
>> So, if you want to make it a two family, that's allowed by right and you would you can go to the building department and apply for a permit to convert it to a two family. >> And then in future when we complete all the uh repairs or whatever and make it habitable, then we change our mind and we want to come back and say we want to
make it as three family. >> You have to apply for a special permit. >> We will. Does it work? >> Will what? We will again apply for the special permit. We'll come here for the hearing, but we'll come with the solutions that you wanted. >> Perfect.
>> And I would suggest if you take that approach that you can consider withdrawing without prejudice tonight. >> Well, you can ask for continuation. >> Well, we could >> give him time to talk to the building commissioner. >> We could do that. That could be the
second alternative. >> We can continue the case until next month. Mhm. And >> that'll give you time to work with the building commissioner to decide what you want to do. >> So meanwhile, do I get the building permit complete? >> No. >> So I need the building permit as soon as
possible because we already wasted about 5 months without doing anything. >> Well, if we uh continue it, the case will not be heard until January. >> But that gives you time to talk to the building commissioner about doing the two family renovation.
>> Okay. So is that possible to start the renovation once if I accept the two family as is >> Mariela? Yeah, we do have the building permit almost pending. I think it needs a final approval. >> Um right now if you had applied for a
building permit it will be on hold until the zoning board approves a special. >> So he needs to talk to the building commissioner. Yes. >> Talk about making it a change to a two family if that's what you decide to do >> and then go from there.
>> Yes. >> So two family is by right which means that it's allowed where it already is. >> Okay. >> So it is possible that it could happen. >> Okay. >> And you already have a building permit >> in place >> in the office.
>> So >> you can talk to the building commissioner to amend his permit. >> Correct. a three unit threebedroom to a twobedroom um >> two family >> two family >> right >> from a three three family to a two family
>> no we claim three family but the zoning commission says it cannot be possible until we prove them that we have six parking space >> because you are a family >> okay >> applying for a family you have to abide
by the boards of appeals you have to comply >> you are reducing the the apartments to two. >> You can go back to the building commissioner as she just stated and you can have a conversation with her and explain to her that you would like to
change >> your your your structure to a two family, your status to a two family in the building. >> Okay? >> And then she can review it and have that conversation with you.
>> Okay? Work slowly. How do you say, Miss uh Commissioner >> Melissa McDonald >> McDonald? >> I Sorry. I was considering that you >> It's not me. >> I don't want to do that. >> All this time until now. I was thinking
that you were the commissioner. >> Oh jeez. >> We're all I always pointed that it's with the commissioner. It's with the commissioner. And I assume that she's the commissioner. >> I am not. I'm sorry. >> I don't think she wants to be. >> I do not.
I have a job. Thank you. >> All right. So, your decision is to do what? >> My decision is to start renovations. That's the first priority. >> Okay. Okay.
>> So, is let's let's do this. Has been suggested. We'll take a vote on whether we want to continue this case until next month. Mhm. >> That'll buy you the time to talk to the building commissioner and make your decision.
>> Okay. And uh do I have to come again? Today I missed my daughter's uh concert for 45 minutes. She was crying almost. >> Oh no. >> No. Unfortunately, there's nothing we can do. So is that what you wish that we continue
this meeting? >> Uh so I seek your advices because you're here to help me. Not that I always, you know, beg for your >> So, it's your decision. Yeah. I mean, we can >> My decision is to start the renovation. >> Well, >> to renovate it as a two family.
>> If he does that, he doesn't have to come back. >> That's right. >> Perhaps. >> Perhaps. Okay. >> He would just be withdraw without prejudice. >> Correct. >> Okay. So, I would work with the commissioner to seek the building permit and the other like work permits that are required like electrical or whatever. Right.
>> So, so now now you have a building that's three stories tall. You're going to make that a two family. How are you going to do that? >> It has already been three. So I didn't do anything. It's we purchased it as is. There's already three three story building. You know, there is no way that I can demolish or you know restructure anything.
>> You can take that up with the building commissioner. >> Okay. >> And now that has to go forward. >> Okay. So >> okay. Today's conclusion is I can go ahead with the building commissioner and request her to make it as two family aware as permissible and seek a building
permit. >> Yes. >> Is that and would you recommend to the commissioner whatever minutes that happened here? >> I will not. >> Yeah. The the minutes that were done here should be conveyed to her. She's also a part of the >> She'll be watching. >> Yeah. She'll know. She'll know. >> She'll know.
>> Yeah. Because you know when I go her go to her and say this is what happened. How does she know that I we just spoke? >> She'll she >> I don't want to do any videos. >> She she works for >> Okay. So that is a verbal. Would there be a written form? Whatever the minutes we
had now. >> Yes. >> Yes. >> Okay. Thank you. Do I have anything to say? >> So, so, so this evening you have to let us know what you would like to do as far as us. >> Would you like to continue this hearing till next month? Would you like to withdraw your application
>> without prejudice? >> Uh, I do not want to withdraw the application. I'll continue. >> You would like a continuation? >> So, but meanwhile, I'll work with the commissioner as a two family >> which buys me time or permit to continue the renovations. Okay. >> And once the renovation are done, I
guess the there'll be an inspection done. So, when the inspector comes, why there are three and so then I'll come back and then >> that's fine. You can work that with the commission. >> Yeah. Okay, that's that's it. >> I would make a motion to continue
69 Oak Street to our next meeting. >> Do I hear a second? >> Second. >> All those in favor say I. >> I. >> Opposed? >> No. Mary Ella will have Mary Ella will have a form for you to sign acknowledging that you request an extension.
>> Uh yes, >> but I'll let it see >> continuation. I must admit that this is the first ever time I came for a hearing of this kind. >> Congratulations. >> Thank you. >> Is I have a form for your continuation.
You're requesting a continuation. There's a fee of $150 for your continuation. Okay. Um once you have that check written, you can stop by the office and then we can do the whole process there. >> Okay. We will do it. I hope the city becomes rich and the city will also
become better by my money that I >> thank you. >> Take care. Thank you. >> Okay. The next case before the board is 2025 12-02. >> Yes. Walmart Real Estate
Business Trust 677 Templey Boulevard Gardener Mass or fueling station with a convenience store. Representative Walmart. >> Oh, sure. >> Lori. >> Nope. >> You just don't want to bend the knee.
>> Well, I don't We don't want anybody injured here. >> No, you don't want to hear me cry. >> There we go. Okay. Could you give us your name and address? >> My name is Conor Anderson. I'm with Polar Engineering, the civil engineering
per consultants for the applicant. >> Conor, your name again? >> Connor Andis. >> Conor. Thank you. >> And it's E N I S. >> Okay.
Um so good evening. My name is Conor Andis. I'm with Polar Engineering. We're the civil engineers and pering consultants for for the applicant. here to present the special permit um application for to allow the motor vehicle station use in the commercial to
district. Uh so I'll start just by giving a brief background of of the property that we're looking at and then get into uh what Walmart is looking to propose on site and then speak on some of the the special criteria as well. So the property is 677 Tiffany Boulevard.
It's in the commercial 2 district as as noted. It's the Walmart Super Center down there. Um, currently on site, it's just the Walmart Super Center with with paid parking areas. Um, there's there's two access drives. There's one to Tiffany Boulevard where my cursor is.
That's the main entrance to the Walmart and then there's one further north which is for delivery vehicles today. Uh, customers can also access that road, but it's it's to the rear of the building, so I don't think they typically do. Uh the area that we're looking to propose the fuel station is on the eastern
portion of the pave parking area and it's small about 40,000 square foot area and it's bound by Tiffany Boulevard to the plan east here and there's existing wetlands to the north of that area and and also to the south across from the
the access drive and directly west is just the the other additional parking for the Walmart super center mentioned the special permit is to allow the motor vehicle use uh within the commercial 2 district. Let me get to the site plane here. Uh what they're
proposing on site is a 1,618 square foot convenience store with uh a fuel station with eight multi-product dispens dispensers, which is 16 fueling positions in total. Uh that that canopy
is 4,800 square ft. Other improvements on site, we have three underground storage tanks. Two are 20,000 gallons and and one is 10,000 gallons. Um they removing all all the pave parking and completed doing new new pavement
here with seven parking spaces complying with the zoning there which reduces the total parking on the Walmart site to 400 511 parking spaces. uh where 483 minimum
are required. So still complying for the overall property. Um it's two access drives to the the fuel site here to connecting directly to the main Walmart access drive. So there's no curb cuts directly to Tiffany
Boulevard. Now, the traffic flow through there, is it when you say there's two access points and is it a oneway in each direction or is it >> it's it's two-way full access all the way around the site and and in this uh interior drive here as well. So, those
are 24 ft minimum at the at the driveway and then around the fuel canopy it's it's 30 ft. >> And there's parking spaces in front of the uh convenience store. >> Oh, there we go. Okay. >> Yep. Yeah. Yes. So you have a 10ft sidewalk with Ballard protection and 18
ft long parking stalls 9 ft wide >> so people can access excuse me from the kind of the back of the the lot there when people turn turn into Walmart. Now
>> they're not going to be able to go right to the gas station, are they? >> They can. Yeah. So, so they can still come in through this main drive aisle, make the right down this one, and then turn into the site here or or go past here. And then they're also available for customers who are already in the
parking lot. They can they can get through there as well. Um, just also want to note with that too is we have the uh pedestrian sidewalk connection here. It's designed to be accessible and that's going to connect to the existing sidewalks throughout the
Walmart property and then ties into the existing concrete walk out to Tiffany Boulevard as well. So again, not doing any direct connection or anything to Tiffany Boulevard, but we're just reusing the existing sidewalks that are already within the Walmart um shop
Walmart Super Center lot. Um other just developments on site just want to touch on is there all new storm water management system. So out there today, runoff from from the site just sheet flows directly into a catch basin which discharged to the wetlands and it's
ultimately untreated. We are working with the conservation commission. We met with them earlier this month um and still working through that process. But the design of the proposed system is to it's going to be all new. It's going to provide um additional storm water quality treatment um prior to
discharging to that wetland area. It's going to reduce um puke rates and runoff volume from the storm water. Um and and ultimately it's just a much better improved design from what's out there today. >> And where are they going to put the the uh snow for plowing for for it? So it'll
drain. >> Yeah. So the the snow it can be handled a few ways. It can be plowed into the the landscape areas um kind of within the site. We're going to avoid plowing towards the the rear of the wetlands. We're working with conservation commission on on that as well. But snow
can also be um plowed and then hauled offsite as well, which is pretty typical for fuel uses. So while snow isn't shown on this plan, we do have a a plan for that in terms of plow to the landscape areas and let it
um soak in or can it offsite. >> Do they currently use that area for snow storage now? So we visited the site on maybe two weeks ago. Uh let me go to existing
here. Uh and and what was out there on site was they had a kind of container storage there and and what they did was they just plowed plowed the site directly towards the rear. Uh it's just a parking lot out there today. So there's no fuel use or any any oils of that of that instance. So they they just
plow everything as they typically would the rest of their parking lot. >> So when they plow it, they can put it into the buffer zone >> out out there today. It's it's what's currently going on and and um we're going to incorporate it into our operation and maintenance manuals to make sure that that doesn't happen.
>> I think currently in the um I know I know you're just getting involved, but I think currently heavy snow is up that they fill that lot with snow. So, are you losing your snow storage for the rest of of the Walmart area? >> Uh, I'll confirm with Walmart, but I I
don't anticipate they'll be losing any any snow storage in this area. I mean, when when we were out there, there were some piles there, but I think there's other areas in the parking area that can can be taken up. I'll just kind of have to confirm with them where exactly they want to put it. Um, they have a lot of space. They have some empty space over
here in this this area, too, which be great for for snow storage. Um, or other cases that wouldn't typically be occupied by customers of the super center. I think they have they have plenty of other options to to put the snow that they're putting there today. >> The uh area that you talked about here
towards I guess that'd be the southernly side of the the property, that little back section, >> if they uh started putting snow in there, does that reduce the number of parking spaces Walmart has it? >> Yeah. During a heavy snow snowfall
event, it would um reduce the amount of parking that could be used. Uh but even with the improvements for the fuel storage, it said they had leaves them 511 parking spaces. Uh and the minimum required is 483. So Matt, that's 28
parking spaces have as buffer. So >> yeah, be has to be some pretty significant stuff. >> Well, I understand, but there's that risk. But >> Yep. >> Not our job. You've been before planning board.
>> Uh we went before planning board for preliminary site plan review. Um they continued us for definitive um till January just to allow us time to get through the the ZVA for the special permit as well as conservation commission for the work within the the
buffers. >> So the planning board is looking at vehicular traffic all that stuff. We're just here >> special, >> not just here, but we're here for the special permit application side of things. >> So, are you going to go through the nine
points? >> Yes. Yep. Yeah, I can do that. Um, I also want to mention we we did get a zoning determination letter and uh within that letter in summary uh there there was pieces in there that said that they found the use to be consistent with the surrounding commercial corridor along Tiffany
Boulevard and is compatible with the nearby large scale commercial um properties. Um just want to expand on the the actual nine criteria from there. So the first is shall be suitable located in the neighborhood in which it
is proposed and the city shall be compatible with the neighborhood character. Um so it's it's a commercial use. It is a fuel station which I know is requires a special permit. Uh it's within the commercial two district. There are other um like a large scale
commercial uses in the same district kind of north of Tiffany Boulevard including other another fuel use. Um so we do think that the this use is consistent with the the neighborhood. Uh the second condition being safe vehicular and pedestrian movements
within the site and in relation to adjacent streets, properties, and improvements. Uh we're providing the minimum parking requirements um on site as well as for providing the accessible pedestrian connections um through through sidewalk. We have some some
baller protection for for vehicles as well. All the parking spaces are against the the building um for for the kiosk use. Um so feeling that criteria. Their criteria is adequate space for off- streetet parking, loading and
unloading of vehicles. Uh touched on parking and then As far as loading goes, um there there's room back here to with with 30 foot dry and then the the tanks are paved over so it gives them another 16 ft so they have adequate room to do
their operations with with loading fuel into those tanks. Fourth criteria uh adequate and appropriate facilities and utilities for proper operation for proposed use and disposal of sewage refues or other waste
products. Um, so the utilities on site, this building will have a a sewer connection uh kind of to the rear here. And then all the proposed utilities for the building are going to connect back into the existing Walmart infrastructure. And then also want to point out this is
an electric only building. So there's no gas service proposed to the building as well. And then with that with the the waste and other disposal, there's a a trash enclosure proposed right to north of the store building.
>> Is that uh is that a dumpster area that's going to be enclosed or >> Yes, it will be enclosed. >> Okay. >> Where where will that be on the property? The dumpster. >> So, in relation to the property, um go to the better. So, again, this is that
overall plan. Um load kind of showing the proposed use. So, here's Tiffany Boulevard right where my cursor is. If you can see that, that is where that the dumpster will be. So, it's actually going to be facing towards the site and it'll be screened. So, >> so northern part of it,
>> is that the northern part of the >> That is the That's the northern Oops. >> Yes, that is the northern part of the of the uh this little outlot.
>> So, it's going to be it's Is it real? I can't. Could you blow it up a little bit to see where it is, please? >> All right. So, is your dumpster going to be in the no disturb buffer? >> It's not within the the 30 foot no
disturb buffer. Um, it is within the the 60 ft no build zone, which is 30 ft off of the 30 foot buffer. That's how it's defined in the in the bylaw. So, that's how it's labeled, but it's a little misleading. It is 60 ft um here. and that's being reviewed by the conservation commission as well. So,
we're still working through that, but we we do anticipate the dumpster to be in this general location and not towards the front of the site so that you won't see it when you're driving in. All right. Um, so that was number five. Number six shall not be substantial inconvenience or hazard to abutters
vehicles or pedestrians. Um again don't think this use is a is an inconvenience to the neighborhood uh and doesn't provide any hazard to abutters that the direct abuter to the west is one super center across the road is boulevard. It's pretty vacant and then
to directly north of the site are existing wetlands and directly south are existing wetlands. I think the nearest a butter is over 400 ft away um to this area and that's they they still get the Walmart use so we don't feel the fuel
use would be any any nuisance to any of ours and then along those lines too we find that this uh proposal is in harmony with the general purpose and intent of this chapter. Um and then number eight is
shall not a significant detrimental impact on the city services tax base um and employee opportunities. Um, so with this being commercial use, I think it provides um some some employment opportunities for the public in in the city of Gardener as well as
tax revenue um which I think which just promotes the the economic growth of the the city. And then finally is uh the proposal consistent with the city community development plan or master plan. Uh
yeah, we we do feel this is in line with that. It's it's a commercial use within the the commercial district um where there are other uses of kind of similar stature within the same commercial two zone. So with that that covers all the criteria but any questions about any of
those happy to answer. >> Okay board have any further questions? When reading the zoning determination by the building commissioner, um the only
thing that I got out of that letter was that they need a special permit based on the ordinance and that the body of the letter basically states that they're in line with everything
else. >> Yes. >> Do you get the same thing? >> That's the way I read it also. >> Yeah. I don't know if anyone else had a different impression. >> No, that's the way I read it. >> Okay. So, I I think that some of our
questions um will be answered by the conservation commission doing their job and planning board doing their job, snowload, things like that and the buffer zones, >> right? >> Um >> yeah, because table of use is the only thing that you need from us. special
permit for the uh fuel sales, >> right? >> Convenience store is allowed my right >> just for the fuel station. >> Yep. >> Okay. >> So, I do have a question on the on the site plan. So, and and that might have been distracted on something else, but
when you first come in, that first entrance, is is that a in and the other one is an out or they both in? >> Both in. >> Um are you this entrance here? >> Yeah. >> This is in and out. It's it is two-way. >> And both of them are the same thing. I think both of them are both of them are two-way. >> Okay.
>> Yep. Stop controlled intersection. Um kind of exiting and then in as well. So >> which you it's really going to be planning board site. Um you know I just be wondering that you know you're going to have a line of cars trying to get into those pumps and backing out into
the traffic kind of trying to come into the rest of the Walmart parking area. But that's site plan. That's playing board. >> Yeah. Yeah, and I think that's just a I know it's a planning board, but I can answer your question while I'm here. Um, I think that's part of the reason why the the two access other than just to
allow the fuel tanker to do their thing with the the delivery operations is say this this intersection does get, I don't know, backed up or there there's some queuing, it kind of gives patients the option to keep going and just enter the one that's that's less busy. Uh, don't
foresee that exactly happening. Um, but it it does give them the other option. And then I I know maybe that the scale is is um kind of thrown off too, but 24 foot drive out. I think that's that's pretty typical with the 12 foot lanes. And then around the fuel canopy, we have
30, 30, and 32. So it gives that extra um area just for vehicles to to maneuver around. >> Yeah, there's a lot of room there. Again, I'm just looking at the the pinch point where Yes. >> You know, sometimes, especially when it's really busy, it gets really congested right in that area, that whole area right there. So
>> been to BJ's, huh? been to BJs to get Yes. >> There's a slight backup there occasionally. >> Yeah. >> Okay. Any further questions from the board? >> All right. Normally, I would open it up
to uh >> the butters or any interested parties, but apparently we don't have any. Maybe they couldn't get in the front door like the rest of us, you know. So, all right. Now the question is, do the
board want to take a vote tonight or do you feel that we need to go see the area? I visited the area today and I have no questions. I really don't have
an issue and I know the area, but if anybody else is uncomfortable and wants to view the area, I don't have a problem with that either. I'm also familiar with the area so and
the layout. So I I don't have any issues. I have concern about the uh going kind of where it is where they're allowed to go in and the traffic congestion that might occur
especially where it's entrance into the main unfortunately I think that also sits with the planning board. >> Yes, it is. They're doing a there. So that's not an approved unit. >> Okay. >> Yeah, we're we're my opinion, we're here
to to determine whether or not we feel that that use special permitted would be uh in harmony and in keeping with the characteristics of the area and that it would be an acceptable use for that area. Again, that that's a
slight concern of mine as well, but that's planning board. planning portion. Look at the site entrances, traffic flow, stuff like that. We're here to determine whether we feel that that would be adequate for a fuel dispensing. >> That's That's correct. >> All right. So, it sounds like we won't
need that, but I do I hear a motion to move on this application? >> I will make that motion. >> Second to approve the special permit. >> I would second. >> Okay. All those in favor? I >> I >> I >> All those opposed.
>> Motion passes. >> Thank you. >> Thanks. >> Thank you. >> Thank you. >> All right. I don't know we have anything else on the agenda with the exception of some
minutes. Now, we have some minutes for October 21st. Let's see who's on those pages. >> I will be abstaining. >> Your name's not on this. So, >> I don't have to abstain. >> You don't have to abstain.
>> Excellent. >> And there's only I also have to abstain cuz I'm not on it either. So, do I hear a motion to move on these minutes? >> We have no We don't have enough votes to approve them.
>> All you need is four. >> Namewise, >> we only have three. >> Oh, yeah. You only have the three. Dave Ant. >> We're all here. You're all here. >> Oh, okay. >> Dave Antea. >> I make a motion to accept the meeting minutes from October. >> So, move second. >> All those in favor?
>> I motion pass. I went to the the office and signed. >> Oh, okay. >> There was only four names on it. You guys thought Ray was here. >> Well, he'll sign it eventually. Okay.
For the minutes of November 18th, me uh minutes and you escaped that one also. >> Yeah, >> I would have rather have been here. I bet I bet you would have. >> You had your choice. >> I'd rather go to a zoning board meeting.
Wow. >> I make a motion that we approve the November zoning board meeting minutes. >> I hear a second. >> Second. >> All those in favor say I. >> I. >> I. Mary. I'm going to take these with me if
that's okay. >> Can we get uh the full things printed out again? for zoning boards. Zoning zoning >> zoning ordinances so that uh I can throw my old ones away and put those
>> please. Thank you. >> That would be appreciated. Is your printer working now? Hang on to this. >> Well, do you want us to return this? We already have this portion printed. >> That's for you. >> Okay. So I just would wonder if if you print
the whole zord or ordinance or have the city clerk give them to us and you're ahead of it by this much. Doesn't matter. You're just going to hit print. >> Phil Jer, do we have any other >> No, that's the >> motion to journ.
>> Jeez, you're fast on that. second. >> All those in favor? >> I >> just uh for the record, I will not be here in January, but I'm available to
participate by far. >> Okay. >> Amen. >> Amen.