meeting the planning board on March 10th, 2026. First item on the on the agenda is a public hearing with Stephan Sen. We'll
on the Ymil Street project. We'll just continue the the open meeting. We won't open it. We'll just continue it until uh they get through with the uh zoning board of appeals. >> And do that for the 24th or the next
one? We'll likely do it for the 24th. The advertisement's already gone out. So, if we're continuing it to the next meeting, it would be on the 24th. >> Make a motion to postpone the public hearing to the meeting on March 24th. >> Second. >> All in favor? >> I.
>> Okay. Next one is the Henny Company. You have papers on your desk relating to them. And we're going to do that, too. >> When are we going to postpone that?
>> No, we're No, they're they're they're here and ready to >> ready to go. So, if you guys are free to um public hearing open, you're welcome to >> make your presentation on >> on this. Thank you all for coming. >> Yeah, of course.
>> If you want don't mind just stating your name. >> Of course. Uh so, my name is James McMahon. I'm council for the Hedico. Uh with me tonight are the owners of the Hediico, Isaac Stall and Tola Sears, as well as their head grower, Nate Holden.
Um the Hedi Co. uh has been purchased by Isapa Stella 5. Uh that purchase has been approved by the Cannabis Control Commission and we're here to today to uh address a minor modification that we're requesting to the existing special
permit. The special permit that is in place now is for cultivation and manufacturing. Unlike the previous owners of the Hedico, Isaac and Tola are social equity certified by the Cannabis Control Commission, which allows them to access a delivery license. This would
allow them to originate deliveries from their facility to customers who have verified their age over 21 in Gardener and in other communities that have allowed for retail sale of cannabis. And it would allow them to take the product that they grow in their facility and sell it directly to those vetted and
verified customers versus having to sell it through a middleman at a retail dispensary. Um, significantly allowing them to increase their margins, uh, stabilizing their operations and simplifying their path to market. The Cannabis Control Commission has recently
allowed that delivery extension for Social Equity applicants through 2029. So, we figured this is an opportune time to take advantage of it. Now, a few things about delivery licenses. A delivery license is an off-site license. So, you have a vehicle that has been
approved by the Cannabis Control Commission to transport cannabis, meaning it has cameras, meaning it has a lock box in the rear and meaning that it has uh GPS tracking in the vehicle. Orders come into the to the grow facility. They are processed at the grow
facility. ID is received at the grow facility as part of that ordering process, typically through an app. You take a photo of your driver's license. The order is then dispatched to that location. It can only be delivered to residences, not to parks, not to uh
apartment or I'm sorry, not to parks, not to public spaces, not to any sort of commercial enterprise, only to residences. Um, at that residence, the ID is again verified on site. The drivers wear a body camera to record the transaction for later review by the
cannabis control commission. and the same sales limits and everything else as apply to brick-andmortar retail apply there. Operationally, it's pretty much an administrative change for this. There's no real on-site infrastructure, and that's why we have this floor plan
of existing conditions. This room that is designated main office, if approved, will be designated main office/dispatch. That's the change at the facility, a name plate on the door. The orders come in, they're aggregated, they're dispatched. The vehicle receives the
orders in the lock box, goes out to those sites, makes the transaction on site, comes back, deposits the funds, and is ready for the next delivery. Um, the entire process is tracked through the same seed toale tracking as brick-andmortar retail. The entire
process is overseen by the Cannabis Control Commission, the same as brick andmortar retail. Really the biggest thing for it is it allows almost twice the revenue to come into the facility and help them stabilize operations there as it does selling to a middleman. If you look at it, you know, you sell to a
brick-and-mortar retail from wholesale to retail is a 50% markup. So, you know, you're selling it at price X, they're selling it at price Y. Here, you can go just straight to that retail price and not have that wholesale step in between. you're almost 4xing your revenue on any
given sale um from your cost of providing the product. um all the delivery rules that are in effect from the cannabis commission make sure that this is a safe process um including having two drivers in the vehicle to control it, having a dispatcher who views the GPS tracking
throughout the entire route, uh getting that preloaded ID to ensure that whoever is picking up the product is age 21 plus only delivering it to residences um so that it's going direct to that consumer. Um and we feel that this is a very low
impact and very sustainable way to help increase the revenue with an absolute minimum of um let's call it changes or anything else like that. As we said, the only operational change of the facility would be changing that name plate on the main office to main office and dispatch.
Um so this is something we're really excited about. This is something that is able for them to access as social equity entrepreneurs. Um it's something that they would have an exclusive on for three years under the CCC's regulations. Um and we're hoping that um it's something that we could bring to Gardner
and um provide to the community as well as you know help this business get stable. So be pleased to answer any questions the board may have about the operational aspects or anything along those lines. Um and thank you for the opportunity to present to you this evening.
>> Mr. Chairman, um through the chair, uh how about retail? someone going to the business themselves wanting to buy something out of the front door or off of the out of the building. >> It can only be dispatched to a residence. So, someone comes to the front door, we would say, "Please go home and place an order."
>> Okay. Would the people that are delivering that, will they be identified as such as employees of and be so marked if it would? >> Abs. Absolutely. So, the Cannabis Control Commission issues a lanyard badge that has a name, an ID number, and
a photo of the operator on it. So, you have that ability to say, "Hi, I'm John Smith. Here's my badge. You know, I'm the one who's coming to you." And through the app um that's used for these, they typically will say, you know, Mr. Jones who's placed the order.
Mr. Smith will be delivering. Here's his picture. Here's his badge. Um, the other part of this is you can do you do the transaction at point of delivery. So you're not receiving and accepting funds before that delivery takes effect. You do it with a remote point of sale
system. So you're not transporting cash back and forth. About 85% of general orders at brickandmortar facilities are uh done through electronic means. We can limit this to electronic means only for payment. Um, and that way you just, you know, tap your debit card on a pin pad
the same as you see at, you know, drive-through restaurants. they hand it out the window and the transaction takes effect. Then that also gives you a second safety valve. Say you get to the facility and you find that there are people there who are ineligible to purchase or you don't feel comfortable making the purchase, whatever it is, you
technically have not made that transaction yet. So, it's very easy to just go on the app, cancel the order, and keep on driving. You haven't committed to making that deal or anything along those lines. So, it gives you a good amount of flexibility and protection as the operator. Um, and just as in a brick-and-mortar facility, all
the same purchasing restrictions and conditions would apply. >> So, one further question. Uh, is this have anything has to go through the local PD through the chief police on this new I know by setting up a store you have to have the uh blessing if you
would or the uh go through the police chief for securitywise. Is there anything that has to be done underneath the new regulations? >> Definitely. It would be the exact same process as setting up any other license. So, we would have to submit a security plan to the police chief. They would come and do an inspection of the
facility, make sure it's up to snuff, and in addition to that, the cannabis control commission interfaces back and forth with the police department to make sure at all steps of the application process with them that the police department has been kept in the loop, has been appraised of everything on their side as well. Um, so it would be
the same the same overall process as any other brickandmortar establishment. Thank you. >> Will the people in a truck have communication other than a telephone back to the office? >> So, you have to have two-way communication and you have to check in
with them. So, typically what you have is you have two cell phones in the vehicle. So, in case one runs out of battery or something like that, you have a backup. >> You rely on cell phones rather than a a radio system. >> Exactly. >> Okay, >> that works.
>> Anything else? off the top of my head. >> One of the items to consider is the change of use now including retail, even delivery retail. It does change the fee schedule um associated with the change
in the special permit. We have a difference of 10 cents per building square foot for both marijuana retailers and other marijuana establishments. So, I know it's a small consideration for the amendment, but I do, at least in my responsibilities, have to mention that
the board has its own discretion in terms of requiring the applicant to either pay the full fee uh reduced fee or wave uh the fee. Um given the given that it's a it is an amendment that changes the the proposed use. Um
the full fee for would be 750 plus 25 cents per square foot of building space which would be um I believe it's 9,300 square feet the building just about. >> Yes, I think we have that written somewhere. >> I think yeah >> but I would I would defer to you on that 100%.
>> That would be uh a total fee of 375 as they've already paid the fee as it is 750 plus 15 cents per square foot prior to the previous use. The difference between the two would be >> 10 cents more.
>> Oh, sorry. Um, it's about a difference of 900 and change between the two. Um so again it's up to the board's discretion of uh given the the changes only to allow delivery
whether or not to consider uh what to do with the with the fee. That's not for my discretion. Um the other items um I've already begun preparing the HCA uh as well as the special findings uh for uh
the special permit uh decision. Um, the special findings are going to include that the proposed amendment to allow marijuana delivery operations at the previously approved cultivation and manufacturing establishment is consistent with the existing industrial
character of the East Gardener Industrial Park. The amendment does not alter the previously approved building footprint, site layout, or parking configurations, and that all other previously uh found specific findings within the special permit findings and decisions for the heady code dated
January 20th, 2020 remain true. Um, so it's pretty straightforward, but again, it's it's to the board's discretion for for what to do with the fee. A question. Does that have to hinge on the report of the letter back from the police chief again as a backup secondary
for this new >> Have you >> were you guys able to provide that response? I know you had the original response from the police chief in regards to the original cultivation and manufacturing facility. Um,
I wasn't sure if a new a new letter uh for from the police chief's response uh for the proposed delivery facilities were >> I can check. I >> I believe we sent over a notice. I don't know if we got a response back, but I'll follow up with you on that for sure.
>> We're we're likely going to continue this to we have a meeting on on the 24th, so it'll give you a chance to follow up um if you didn't get a response from them. Uh but it wouldn't hinge on the police chief's response. It's more of a supporting um a supporting letter um for uh for the
special permit itself. >> RC already approved it. >> Yeah. >> So just sure we'll continue. >> Mhm. >> Hopefully. >> So we're not in a position to close the hearing tonight then. were expecting to
>> I would because we'll want to to >> have the fully the fully drafted HCA both >> drafted and reviewed by the rest of the board um in case any recommendations so that we can close the hearing and then sign make a motion and vote on um the
special findings and review decision for the special permit. Um, >> so as it relates to the the fee question that you just talked about, um, you know, I'm certainly all for trying to streamline things and make it easier for people to go through whatever process they have to go through. But, um, also
hesitate to just wave or amend fees that we've already had set. >> Um, is there like a is there a staff recommendation in this case for a particular reason? I just want to make sure that if we're waving fees, we're trying to do it in a way that's consistent. And >> I think well I'd say with consideration
that they've already paid the original fee of 750 and the 15 cents per square foot and the difference being now they're considered a marijuana retailer whereas previously they were not that we would only charge them the 10 cents per square foot for the building. So the difference between the two fees now that
they're in a different fee schedule um be applied. >> I would feel more comfortable that way instead of waving it. We don't want to open up a can of worms here. Uh so that 10 cents >> is that amicable to
>> because other than that we would have to somebody else. >> We just want to make sure that we're fair to all applicants. >> That's correct. >> 100%. We want to carry our freight as well. So no problems there. >> Yeah. >> Okay. >> Okay. >> So um >> I'll make that a motion. >> Yeah.
>> Just to increase the fee by 10 cents. Uh we'll we'll they will be requiring a fee of $930 well 10 cents per square foot. I believe it it was confirmed like I believe somewhere in the previous agreement it was 930 square 9,300 square
ft. >> So it's an increase. >> It would be it'd be 10 cents per square foot for their for their building. >> I think the original finding had it at like plus or minus 9 uh 9,300. >> Yeah. >> Yeah. >> So >> um so that's that's fine. And if you don't mind >> 930 >> Yeah. Um should you just bring a check
for that to the next hearing? Does that work? >> That perfect. That's perfect. Thank you. Um but we'll continue the hearing to the next meeting on >> the make a motion. Make a motion. >> Sure. >> For the 10 cents increase. >> Continue the public hearing.
>> The public hearing. >> Make a motion we continue to the >> Okay. Second. >> Motion and a second. Any further discussion? If none all in favor.
>> I have. >> Thank you, gentlemen. I appreciate it. >> Wrapping everything up. >> Thank you. >> Okay. So, that was the 24th. >> Yes. >> I'll connect with with you all and share. >> Yeah. >> Thank you all for coming.
>> Thank you. Yeah, of course. Of course. >> Thanks for coming. Thanks. You too. Thank you. >> Item number two, old business, preliminary site site plan review with FWP
Reality Partners LLC Pearl Street. I think we're going to continue that because we did open >> the public hearing will be on the March 24th meeting. >> So that's going to be advertised. >> Yeah, there was some discrepancy between whether they wanted to move forward with
the OSRP plans that they presented to us at the February 10th meeting or the original subdivision plans uh presented to us I think in late November in time for our December meeting. um they they want to move forward with the original
preliminary subdivision plans rather than the OSRD. Um so we will do the advertisement required for the preliminary site plan uh public hearing and host that on the 24th. >> Gotcha.
Next item, new business, competitive site plan review for the Walmart fueling station. You all have got maps, drawings concerning. I'll get the TV on for you. Please state your name and who you
represent. >> Connor Anderson. I'm with Polar Engineering on behalf of the applicant Walmart Real Estate Business Trust. >> Okay, proceed. >> All right. So, good evening. Um, as I said, my name is Conor Andis with Boulder Engineering.
Uh, here to present the the proposal for the Walmart fuel station at 697 Tiffany Boulevard. We were in front of the board back in November for preliminary site plan review. Since then, we've received our special use permit from the ZDA for
the fuel use. And we received the order of conditions um along with variance requests from the conservation commission for disturbance within the 100 foot wetland buffer and the 30 foot no disturb buffer. Mhm. >> Um, so through those processes, the
layout there there were some minor tweaks to the layout. Overall, it it generally remained the same. I'll get into those in a little bit, but just a quick refresher of the work going on here. So, this is the existing Walmart Super Center. The line of work is really focused on the the out lot kind of the
front of the site right by T Boulevard. As it exists today, it's it's just paved parking area with some landscape islands and sight lighting servicing the Walmart Plaza. Um zoom into the site plan here. Uh so I mentioned those changes to the site
plan. See the layout looks very similar to u the layout that was presented back in November. However, we look to reduce some impervious area just from feedback from the preliminary site plan review and also from the conservation commission. So, we narrowed out some
some dry bows around the site. Uh, mainly pulling some disturbance away from the wetlands or just getting back some more green space into the wetlands at the top of the page. Um, so that was one of the first things we did. Then we went back to conservation commission and we shifted the building and the trash
enclosure out of a 30 the 60 ft no build zone um to avoid a variance request through the the conservation commission there just based on their feedback. that line is is pretty faded but essentially just falls there and the building corners placed right on that there.
>> So what that did it honestly decrease the um the amount of green space on site as well cuz we had to shift the building towards the Walmart drive aisle um which had us reroute the pedestrian connection around the building while still
maintaining the 88 compliance there. Other changes uh since since November, we shifted the the underground fuel tanks plant south to get it out of the the 60 foot buffer as well. Um the fuel canopy remained in place. Um but
ultimately we condensed the layout a little bit more while still maintaining some protoypical dry bottle widths for that are generally industry standard for any new fuel use just to allow some adequate circulation around the site. Um so that's the changes on the site
plan. Um some changes to to storm water storm water intent remain the same. Uh the grading was updated just to adjust for those those layout changes. Um and then we added a what's called a jellyfish filter as the storm water
quality unit um prior to discharge to the wetlands. What that does is it works the same as a normal hydrodnamic separator except it provides some additional phosphorous treatment prior to discharge uh just through some um
chem chemicals that have in the jellyfish filter. I'm honestly not too sure on the the specifics of how it works, but I know it's a product that's commonly used in more Rhode Island as it's a requirement through Ryab, but now it's kind of creeping into Massachusetts as some storm water regulations are
turning over through D. Um, and then and the last thing I changed on the on the grading plan was we added a emergency shut off valve right before discharge to the wetlands and that was just a request of conservation commission in case there's any any spills for the fuel use that they can manually shut it off just
to prevent anything from leaking to the wetlands. So again, most of the changes to the land were just driven by the conservation commission. Um, and and that's the gist of those changes. Um I know some other
feedback from the preliminary site planer view was on the the signage the freestanding sign. So we went back and got that updated. Just want to share that here uh to meet the maximum 50 square foot requirement. Um they reduced the size of some of the the the price
reader boards, but essentially this this pylon sign will replace the existing pylon sign um in that same area. And then one other thing that was brought up at the the preliminary hearing which was worked through with the conservation commission was new
development versus redevelopment. At the time for preliminary we were increasing um impervious area by maybe 1,000 square feet and now with this layout we were reducing it by 500 or so square feet. Um conservation commission made the
determination D reviewed this that it is treated as a redevelopment. So, we're meeting all the water quality standards there and recharge is being provided through the reduction of a previous area. So, those are the highlights of the changes. Uh, and I'll turn it back over
to you for any questions. >> I've got some comments on your plan. >> Come over here. I'll show Look at all the highlighted. They refer to Coventry, Rhode Island. >> Okay. >> And then over here they talk about >> garden.
>> Okay. >> That's all. >> We'll get that fixed >> lineup. >> The only other thing is on some of the plans it looks like they have we have the 30 no buffer and then accidentally has the 30 as the no build. So it's yeah it's in the wetland bylaws it's called a
30 foot no build zone. >> Oh it's just the additional 30t off of the 30 foot no so it's just how it's defined in the in the bio that's why we labeled it as such but it's it's a 60 foot. >> Fair enough. I know it's a little misleading but
>> and just for everyone who's wa I assume a lot of people who are interested in this have also been or been watching the conservation commission meetings but the only pieces that are within the 30 foot no build are just the overhang the
actual structures that are holding up the overhang for the fueling facility are outside of that 30 foot no build >> um so not really a concern it wasn't a concern to the conservation commission and I was happy that they agreed. >> Yeah. Um they were more focused on the
the columns holding up the the canopy and the multi-product dispensers or the fuel tanks themselves for the pumps being out of that. >> Can we go back to that drainage plan for one second? >> Y. >> So yeah, that outfall is that that's
there's an existing outfall there, correct? And that's being replaced >> and they're reconstructing it. >> Okay. Is it being upsized as part of this or is it uh >> 15 inches? Let's go to the It's 15inch CPP today. So, it's same size, different material
>> and there's no need for any sort of uh rip wrap apron attenuation pad at the outfall based on the flow that's expected at that point. >> Yeah. So, this um this slope right here is actually all rip wrap today until it kind of levels out to the um
>> to the wetland area. So that that service is that I mean everything discharges there today. Um and they have the rip wrap and then we're reducing the flows coming out of that pipe today. >> Okay. >> And uh that subsurface unit in the
middle that is that just for detention? >> That's just for detention to mitigate the rates. Anything else, guys? >> So, is this We have to schedule a public hearing for >> We'll schedule it for the April >> April meeting.
>> We just wouldn't have time to do the twoe period before the 24th meeting. >> Yeah, we we talked about that. So, I know Rob had a lot of questions um or at preliminary. I think we addressed most of them. A lot of them were were storm water driven and used different to >> I'll ask him if he has any additional
questions just to that we can address before right >> the next meeting. >> I just want to be able to address his comments at the next meeting. So >> yeah, >> perfect. >> Of course. >> I'll circle back with him and just see. He was >> he was sad he wasn't going to be able to make it tonight, but we'll uh we'll circle back with him.
>> Any other questions, comments? >> Good. >> So, we make a motion. >> Those notes fixed. make a motion to continue the public hearing to our >> This isn't a public hearing. We'll just >> Okay, we'll just >> There's no motion for us and we'll just have the public hearing at the next
meeting or not the next meeting, but the April meeting. >> Sounds good. >> Okay. Thank you. >> Thank you. Next. >> Saw that somewhere. >> I might have I might have taken it from you by accident. >> Yeah,
>> I was printing out new agendas. a letter written by the mayor to the president of the city council. >> Good night. >> Thank you. To remove uh article nine
entitled science and advertising devices from the new zoning chapter and make it into a new zoning chapter called 665 >> nonzoning chapter. >> Yeah. None zoning chapter be number 665.
Make it easier that to have access to that information for the things that don't require a zoning action. >> So all I have to do is just >> y make a motion that uh we amend the
code uh >> approve >> approve the code to to new to a new location. do have to host the joint public hearing before before we give our recommendation. So that's
>> likely date cuz we have to give a twoe advertising period for that as well. Uh so currently I believe we would be able to have the joint public hearing at the first city council meeting in April which would be April 6th.
Just curious, what's the practical implication of removing this from the zoning chapter and putting it in a non-zoning chapter? The preamble states that based off of feedback from residents and prospective business business owners, um the city's current ordinance regarding signs and
advertising devices is restrictive in its nature and that they're looking for greater flexibility in evaluating, adapting, and evolving the ordinances um regarding uh signed placements. I think they want it out of >> zoning.
>> Out of zoning specifically just so if they need to make any amendments to to the chapter, they no longer have to do any joint public hearings with us as well. >> Makes sense. >> So I guess the motion would be we motion to recommend
the planning board recommends >> the joint public hearing on April 6th. >> Correct. We'll go that way. >> Second. >> Okay. We have a motion and a second. Any further discussion? If none, all in favor?
>> I motion is passed. >> That'll be for April 6th. >> Mhm. >> I'll confirm with the city council president that we can make it on to the April 6th and we'll start advertising with the city clerk and I'll confirm
with the board after uh that's confirmed. >> Okay. Now the two next items are just because Zero Emerald Street and the Hettico were in front of us. Uh just to have it under new business as it is new business for us today, but nothing for us to discuss
because we've already moved those along. >> And the next one is the last item, something we've been waiting for. Election of officers, a chair, a secretary, >> a chair, vice chair, treasurer, >> vice chair, and a treasurer.
>> Make a motion we uh if Mr. Flint would accept put Eric as our new chairman. >> Second. >> Second. >> All in favor? >> I >> I >> I'll abstain on that one. Thanks.
>> Good. and the next vice chair. >> Make a motion. Uh have Steve Cormier as vice chair. >> I accept. I'll second that. >> Thank you. >> Any other treasure?
>> We have to vote for for Steve. >> All in favor of Steve Cormier as vice chair. >> I >> I congratulations. And we have also a treasurer. Thank you.
Motion that uh Bob, would you mind? >> Second. >> Motion, Bob. >> All in favor? >> I. >> Thank you very much. >> All right. >> Motion to adjourn.
>> Make a motion we adjourn. >> Second. >> All in favor? >> I. >> Meeting is adjourned. >> Thank you. Thank you.