March 24th gardener planning board meeting is now called to order. We'll start off with item number one, public hearings. We have the zero Emerald Street proposed modifications to the approved site plans. Jason, you want to give a quick update? They appeared in
front of the ZBA at their last meeting, I believe. Uh they did uh that was I think last Thursday. I forget what the date of that is. Um, but they ZBO the ZBA had a couple of additional questions that they were waiting for for answers
on in regards to the amendments uh to the uh site plans uh specifically to the extension that they're adding of 5T of frontage off of uh the uh front of the entire development um reducing underneath the required frontage uh in
the uh zoning district. So, they have a couple of additional questions. they gave them a 30-day extension to respond to those questions. Um, so we'll uh move to uh continue this meeting until um such time comes. Uh I believe that the
next ZBA meeting happens to be after our next planning board because our next planning board would be April 14th and I believe the ZBA is on April 24th. So, I would say 10 like if we want to
continue it to the 14th, but likely we would not begin the discussion until uh our May meeting, which I don't have the date for that off the top of my head, but we can continue it to the April meeting just in case I'm incorrect and they're able to schedule a um a meeting in between now and then.
>> Okay. >> Do you need a motion to that? >> We need a motion to postpone to the 14th. >> I'll make a motion we move that to the April 14th meeting. >> I'll second that. A motion and a second. All in favor? >> I >> I opposed. Motion passes.
Next item on the agenda, we have for Lechan Street, a uh special permit application. Hettico, would the applicant like to come up and uh give an update? So, I know the majorly the two items that we were um in the interim on
were the filing fee for the difference between it being considered a marijuana establishment um in general or specifically a retail uh development which was a difference of 10 cents per square foot which I think would be a total of uh $930
about for the additional filing fee for that difference uh that the board had approved at the last meeting and the other was the completion of the findings and decision papers for the specific findings for um the special permit um for for the development. So if the board
would want I can go through um the copies of the findings and decisions are in front of you. Uh but just for um the review I might lose my voice going through all of this but I think it's it is proper to go through the full
findings and decision before we then um make a decision unless there was any further um any other items that needed to be discussed that I had um omitted. I have no questions. Okay.
So for the special permit finding decisions for the head co marijuana establishment special permit amendment to add delivery operations dated March 24th 2026 uh they submitted an application to modify the existing special permit issued January 21st 2020 for a marijuana
cultivation and manufacturing establishment located at for lechant street pursuant to section 6751070 of the city of gardener zoning code submitted by the above referenced applicant and filed at the planning board on January 22nd, 2026. Special public hearing on the special
permit application uh was held on March 24th. Apologies, it says March 10th. Um the uh applicant previously received or this is we did continue the special >> the the hearing for this last week. So
yes, then that can that can maintain >> um findings. The applicant previously received the special permit dated January 21st, 2020 for the renovation and use of their existing 9,300 ft building for marijuana cultivation and manufacturing establishment. Now, the applicant now proposes to amend the
special permit to allow marijuana delivery operations associated with the facility in addition to the previously approved cultivation and manufacturing using uses and is properly located within the industrial 2 district. um some of the special permit criteria
which are all um standard for for these permits that it is suitably located within the neighborhood. Um is compatible with the neighborhood character, existing uses and other uses permitted by right in the district. Uh provided convenient, safe vehicular and pedestrian movements within the site in
relation to adjacent streets, property and improvements. provide safe and adequate safe space for off- streetet parking, loading and unloading of vehicles, goods, products, materials, equipment incidental to the normal operations of the establishment of use. The proposal provides adequate and appropriate facilities and utilities for
the proper operation and proposed use of disposal of sewage, refues and other waste products and methods of drainage of surface water. is not con does not constitute a nuisance to air or water pollution, erosion, flood, noise, dust, vibrations, light, or visually offensive structures or sight features. Is not a
substantial inconvenience or hazard to abutters, vehicles, pedestrians as determined by the board. Is in harmony with the general purpose and intent of this chapter. Shall not have an significant detrimental impact to city services, tax base, and employment opportunities, and is consistent with the city's community development plan or
master plan. uh we have considered all the above criteria uh and really the this this comes down to the um the specific findings. So these are uh the proposed amendment allows marijuana delivery operations at the previously approved cultivation and manufacturing
establishment that is consistent with the industrial character of the East Gardener Industrial Park. The amendment does not alter previously approved building footprint, site layout, or parking configuration and all previously mentioned uh all other findings previously mentioned in this section on
the special permit findings and decisions for the Hedico LLC dated January 20th, 2020 remain true. The decision, if the board were to approve, would include um the uh below the terms
and conditions stated below. One, except as expressly modified herein, all terms, conditions, findings, and requirements of the special permit issued January 21st, 2020, shall remain true, shall remain in full force in effect. Two, marijuana delivery operations shall
comply with the Cannabis Control Commission regulations, including 935 CMR500, including requirements governing vehicle security, employee registration, inventory tracking, and transportation of marijuana products. And finally, that delivery vehicles shall be dispatched
from the facility only and shall not queue or idle on Lechant Street or adjacent public ways. Um, those were the conditions that I thought uh pertinent to include. I don't know if the applicant has any any concerns over those uh those three um conditions.
>> No, I don't think Do you mind if I just take a quick look? >> Thank you. >> The special Yeah. >> Y um no no issues uh with any of that. Um
and uh just also as a brief uh followup um I know the board had requested that we follow up with uh Chief Mcavee on this. We had followed up with the chief. Um I got an email back from him uh 5 days ago which I can just briefly read into the record. Uh we have no issue or
concerns the delivery of cannabis in the city. It sounds like the procedures for it would be in compliance with the rules set and controlled by the Cannabis Control Commission. Thank you for reaching out. Um, so fairly cut and dry there. Um, one request I would just make on this is, um, if we could have the
subject be, uh, is a Stella 51 >> LLC because it will create a bunch of back and forth with the CCC. Um, >> because it's filed under so they'll say, "Hey, how do you have this? How do you have that?" >> Um, I'll make that quick change uh after the meeting's over and print out a new copy um to file the decision.
>> Yeah, I appreciate that. We have a check uh ready for the filing fee as well for whatever it's determined to be. >> I don't know if anyone has uh the chair wants to ask anyone has comments public hearing. >> Yeah. First, anybody from the board have any thoughts or questions on what we've discussed so far?
>> My comments were addressed tonight. Thank you. I'm good. >> All set. I'm all set. >> Do we have any comments from the public? Okay. Hearing none. Um, do we have a motion to close the public hearing?
>> So move. >> Second. >> All in favor? I >> I >> opposed. The motion passes. All right. So, we will vote on the decision uh during the other business section after the public hearings. >> Thank you so much. >> Thank you.
Moving on to the next item, we have Pearl Street Preliminary Subdivision. get an update. >> Go a microphone for everybody. >> Beautiful. Uh just for the public record, Dan Sheen with Haley Ward representing the applicant today, FWP uh
Realy Partners. Um so I know we've kind of discussed this uh a few different times or different couple meetings. Um so what we're actually here uh before the board today is for the original um preliminary subdivision plan that we have submitted. Um the reasoning for
this is the applicant just wants to make sure that the planning board is willing to entertain a preliminary subdivision plan prior to doing a significant um definitive plan or um fullout design for it. I do see some additional faces in the public. If you guys would like, I'd
be more than happy to do a brief overview to kind of get everyone up to speed on the project itself. >> I think it'd be good to do a quick overview of the project just so everyone has a good sense of what's going on. >> Sure. I'm just going to try to stand up here and hold up one of the boards or something.
>> Really got to get my tripod back. >> Yeah, sure. I do have an extra copy as well. >> Yeah. >> Good thing I bring you extras, huh? Sure. >> Would you like a Anyone else like an extra copy? I do a few extra.
>> I actually take one rather than the big one. >> Yeah, absolutely. Welcome, >> beautiful. So, just giving a brief overview. Um, the site itself currently is, uh, wooded. Um, it's consisting of about 54.82 acres. Um, going through the
existing conditions pl to the other side here. So, here's the entire parcel itself. It's it is um kind of nestled between Pearl Street and um 140 as well as Old Matthew Street as well. Um so, the
entire parcel does consist coming up to uh Old Matthew Street. This section behind the uh wetland back there is um currently going to be untouched. No expected development on that side of it. Um, however, we're going to be coming off of Pearl Street
and coming off of Pearl Street um with a paved driveway. There will be um some wetland filling with this. This is just to kind of get things up and around. There's a couple little pinch points um and to do a full loop coming around for
these proposed units. Um so the roadway itself as it currently exists is uh 3,000 linear feet thereabouts. Um it's going to have uh 12 lots within it for a total of 46 dwelling units. Um this is going to consist of 11 duplexes I'm
sorry 11 quadlexes and one duplex. before the board. Uh I believe on the last meeting, um we had discussed about doing open space residential development to kind of really crunch this development down so there's not as much impact when it comes to roadway development and allowing for more dense
populated areas. Um it's not this sheet. So since then we did go through a concept to see um if that was possible. Um going through that uh conceptual layout, we did find that yes, we can meet that kind of criteria, this will
allow for a much more shorter roadway, a lot more open space, and still allow for the same amount of units. Um but we've been more up to the duplex style. Um, since then, um, we had talked with Jason about just trying to make sure that we can get forward with the preliminary subdivision approval, um, for the
initial development, but it's still the applicant's, um, intent to try to move forward with this open space regent development. It's just a lot more, um, friendly. It is an environment. It's kind of more the development he's looking for. Um, so we'll be looking to do more full design for that as part of
the definitive process. That's really all I have. I'd be more than happy to answer any other questions that anyone may have. Hand it back over to the board. Thanks. Start off with any comments from city staff. >> I believe I had accidentally put the
previous plans in front of you all. So, if anyone needs copies of the OSRP plans, that's my bad. I just had put the wrong ones out. >> So, it sounds like you the applicant is proceeding with the original plans, but plans to revisit the open space during the definitive phase. Is that correct?
That is correct. >> Oh, so you're >> Yes, you are bridging to both. Okay. So, I didn't misunderstand. >> No, it's fine. There's been a lot of miscommunication, so I just want to make sure it's clear. So, the intent today is to get approval for the original um subdivision plan. And this is just to kind of kickstart the process. The
applicant right now is u within a purchase and sale agreement with the current land owner um and wants to ensure that the board be willing to entertain a um subdivision of land that's allowed by right. Um, and then as we start to go forward with a a process, we'll do a more in-depth dive into that
open space vegetable development. From a very preliminary standpoint, it does look like it is possible to do and still um meet all the regulations by the city. Um, it is still the preferred layout, but hope I made that clear and didn't just muddy the waters or circle back.
>> Okay, I'm okay with that approach. I have no no objections to looking into both. Both would be we went over what is allowed by right in the property and both what is uh presented to us for the OSRP as well
as the preliminary site plan review meet all the zoning requirements uh for for the area. >> Do we have comments or questions from the board? >> No. Other if I might other than the the plans that we have now it's even changed
from these plans. Am I correct? >> Yes. So the that plan that I'm seeing right uh before me that's the original subdivision plan which is the one we're looking at today. Um when we go moving forward I I believe one of the members was in here at one of the previous meetings. We'll do the more reduced size
version during the definitive. But what you are looking at right there that is the I guess topic of discussion before the board today. Okay. I think based on the plants that we've looked at, I certainly have a personal preference for the open space design
that gets a little more condensed, reduces land disturbance, reduces tree clearing. I think that would be an overall uh better fit and similar density to surrounding neighborhoods. Um, so I'm glad to hear that that's the intention once this moves forward with the definitive.
Any more comments or questions from the board? >> I'm okay. >> Do we have any comments or questions from the public? >> Yeah, I have a question. >> Please uh state your name on town residents. >> I'm Greg Gton. Um, this wetland filling that you got here on Old Master Street,
you know that that is a registered uh vernal pool. it's certified by the state. >> Uh just to make sure I'm understanding correctly, is that the 450 square foot section on page two on the index sheet? If you look at that.
>> Okay. >> Matthew Street. >> That's off. Pearl, correct? Not Old Matthews because Old Matthews is Yeah, Old Matthews is behind the >> this here wetland crossing the road and in here. This is all part of
pool. >> Okay. You want to uh respond to that? I think the this is this is not an existing road, >> correct? That's that's the old old Matthews. >> No, this is all the new development. Actually, old Matthews Street is off of >> Okay. >> further into the property. Yeah. So,
this is 140 here, Pearl Street. So, it's a little bit off of Pearl Street, but this is all the new the new roadway development just for everyone's everyone's uh >> this used to be a cot road that used to connect to Matthew Street, >> correct? >> Yeah. And there's still some remnants of
it on site currently, right? >> Yep. Um so, from the research that we have done to this point, uh we didn't see any certified vernal pools in that wetland series, uh D. However, we did note uh there is a certified rental pool
off of Opal Lane that's pretty much uh I guess abuing our current parcel. You can kind of see it here on page two. Uh we show a 100 foot buffer that vernal pool. Again, this is still the very preliminary stages. So, we would have to
send a wetland scientist out there to actually delineate that full section of that vernal pool. But those are the only ones that I was aware of um leading up to today. >> It's right south of um lot nine. >> Correct.
>> The bottom of the Emerald Circle right away >> down here. So if you look at the look at the plants here, this is where they have the um approximate 100 foot level of the the vernal pool. >> So a lot of this vernal pool on this side got filled in by this project.
>> Correct. >> And it was overlooked. >> Correct. And I from uh coordination with the conservation commission, again very preliminary, um we were in uh discussions with the agent who had to provide some of those vernal pools that were I guess um rebuilt as part of that
previous project on the abuing side. So we do have some data on that. Um but from from what we've seen so far, it wouldn't impact our current development that we're showing here. >> What about the existing wetland between the project and 140? So,
>> we have a VA zone there. >> Yep. Uh, if I may, board, can I just go over and and kind of point out the plans to I think it just might be easier for discussion purposes. Let me show you this one. This one's a little bit easier to see. So,
here's a site that's in its entirety. So like you had mentioned there are the buffer zones here. These have been flagged. Um so we did go out and do some confirmatory shots to you know come and delineate this wetland itself. Um as part of it we do show all the different
type of buffer zones. The the 50ft no structure the 100 foot buffer zone as well. >> This is the detention. >> Yep. >> And the water coming in. >> Correct. So this will be where the um
proposed utilities will be coming from. As part of discussions with the DPW, they want to ensure that there was a closed loop for the water itself. So we are coming in from two different directions. One coming off of Pearl Street here and then looping back in onto uh Pearl Street further down.
>> Okay. The questions are great. Um, I would just recommend too as we start moving more into definitive, uh, we'll let notify you as far of intent for this as well. Um, we'll have a lot more information on the wetlands and stuff like that at that time.
>> I think we like to try and bring the conversation back to the the full room here just so everyone's talking about the same thing. >> Absolutely. >> Um, so certainly acknowledge the concern about the presence of the vernal pool and impacts of the wetlands. Um,
as Dan just noted, this will also go in front of the Conservation Commission. So any compliance with the Massachusetts Wetlands Protection Act and City of Gardener Wetlands Protection Ordinance will be reviewed at that meeting under the Conservation Commission's perview. Um, is there are there any other
comments you'd like to bring up regarding the proposed work? >> Excuse me. Are there any other comments you'd like to make about the proposed work? >> The uh water and soil item, there couldn't be any uh shrubs plant or
>> I guess that down the road. >> Okay. >> Yeah. >> But it's going to be a lot of tree cutting in in that area. >> Yeah. And I think as we progress to the definitive stage of this, we would start looking a lot more closely at limits of clearing and vegetation removal and I think ultimately a lot of the limit of
work is likely going to be affected by the change to the >> OSRP. Absolutely. if it moves in that direction. >> Is there a conceptual design for the property >> for the open space portion that we're talking about? Yep. Um so
this is a brief overview of it. Um so essentially we just we pulled it in a significant amount so it's not looping out nearly as far to give kind of I guess a sense of guidance here on scope. Originally, this loop had kind of come out and further along this way and
encroached more into that wood wooded area for disturbance. This open space residential development does pull it back. I believe the amount of um roadway that gets um eliminated is about 500 ft. Um that's just based off of memory. Unfortunately, I don't have those
numbers handy for me uh today. But this was the conceptual layout. We'd still have to go through a lot more of the details uh as part of the definitive stage. But we the biggest thing with that open space residential development is you have to have so certain amount of open space of just you know greenery
areas and as part of that so much of it has to be upland area. So, as part of this conceptual plan that we pre uh presented to the planning board previously, um that had included showing um or I should say taking some of that upland area out from wetlands, flood
planes and everything like that to demonstrate that we still can meet that criteria. And based on some clarifications I got from Stephen following that meeting, it does appear that the calculations we provide does meet that requirement by the city. Um but this is the conceptual layout uh for
that open space residential development. >> Do you people incorporate planting? >> Sorry, could you could you introduce yourself with your name and your town of residence please? >> Suzanne Gen. Okay. Where I live? >> Town of residence is fine. Yep.
>> But we just do you incorporate planting screening for the people that are going to be affected by this? >> Absolutely. As part of uh the full design build out, we do try to keep some sort of vegetative buffer as well as providing some plantings. Um when we get to that stage, we'd be more than happy to discuss more screening purposes. If
you prefer having like a fence or some plantings and stuff of that nature, we can get into that. Um there is one section where the sidewalk kind of encroaches uh within that abuing parcel. Again, kind of looking at this development here off of Ruby Road. Um
that's where things get really kind of tight in that area. Um but there is still some some greenery left in there. But yeah, absolutely. When we go through the defender plan, we will be looking more into landscaping, all the requirements by the city for that as well. >> Yeah. There any additional comments from
the public? >> Any any additional comments from the board? >> Is there any other information that you guys want to see before closing the hearing? >> Not at this time. This is eliminated. >> All right. Do we have a motion to close
the public hearing? >> I make a motion we close the public hearing. >> Second. >> Second. All in favor? >> I opposed. >> Okay. The motion passes and we will vote on the decision uh under the next section of the agenda. I believe. Thank
you very much. >> Thank you. And moving on to that section now. We have old business uh item 2.1, definitive site plan review for Tony Boulevard Walmart fuel fueling station. >> I don't know if anyone on the board had
seen my email uh earlier today, but Connor uh just I think at like 2:30 today sent me and Rob uh updated plans uh incorporating some of the comments that Rob and I had uh for for the development. Uh it includes um a
specific map overlay for uh photoometric levels for snow storage is now included on one of the plans and a couple other items that were like the phototric levels were included as a report but not as a map as well to
showcase um the level of like light pollution created off of off of the development. So that was some of the comments uh we had that they incorporated in and I had sent around. Uh so those will both up both uploaded to the one drive uh that we share uh for
the planning board and uh will be the items of discussion for the definitive site plan uh public hearing uh at our next meeting on the 14th. Um I will circle back with the board once we have physical copies of those. Uh, but if anyone has any questions once those
plans are being reviewed, I just wanted to keep this on the agenda uh, in case there were any changes and I was glad that they came in right before this meeting so I can just make sure everyone's notified. >> Great. Thanks. So, I guess we'll take that up on the 14th. Yes. Uh, item 2.2
going back to the preliminary uh, subdivision plan for Pearl Street subdivision. We just had the public hearing for that. Um, seems like there were no more questions. Everybody good with that at this point? So, this would be approval
or denial of the preliminary subdivision. Um, if approved, the applicant would proceed with the definitive subdivision plan, which we would expect more detailed engineering documents and storm water data um to continue the review. So, do we have a
We're just looking for a simple approval or denial for this, correct? Yes. Do we have a motion? Yeah. We make a motion to accept the preliminary site plan for Pearl Street. We have a second. I'll have >> a second. Okay. >> All in favor? I
>> opposed. None. The motion passes. Uh item 2.3 Emerald Street. We will table until the next discussion. Uh 2.4 for Leant Street. Special permit application. We closed the public hearing. We heard the
draft conditions. Um, one minor modification to the applicant name. Any further discussion from the board on this at this point? >> If everything's all set with the fees and everything else, I make a motion we
accept the uh special permit application. >> Grant grant. >> Do we have a second? >> Second. >> Uh, all in favor? >> I >> opposed. Oh, that motion passes as well.
Uh, next regular meeting is on Tuesday, April 14th at 6:30 p.m. Do we have any other announcements, news, articles, or events from staff >> aside from the joint public hearing that we'll have on April 6th? >> That is scheduled for us. >> That is scheduled. I sent the notice
over to the city clerk. So, I'll >> 6 or 6:30. I believe 6:30 because city council begins at 7:30, but I will double check and make sure that I have the correct time and I'll send it over to the board. >> Make a motion we adjourn, I guess.
>> So move. >> All in favor? >> I opposed. Motion passes. Meeting is adjourned. Thank you everybody.