##VIDEO ID:pan5w1gH4T0## I'll let you make the motion let's Mo make a motion to open the meeting good idea second uh pulling the members um John yes Darlene yes Vicki yes um now we have a new um I'm trying remember your name I'm sorry I'm terrible with names yes okay and I'll vote Yes so the motion carries the meeting is open um Rie those minutes just came out a minute ago so I if nobody's read them then we we'll we'll do it later so um how many how many people read them I did I did I did I did all right okay I move to approve I move to approve the meeting minutes of for Wednesday November 6th second okay ping of members um John yes what happened to John I'm here nothing happened oh okay darl yes um Vicki yes start and Tom sorry and I'll vote Yes as well okay the minutes the motion carries the minutes are passed thank you um so Vicki can you read the notice for this hearing or did we already do that I can't remember Phil we did that when we opened it to continue so why don't we do do we want to make a motion just to open the hearing yes by sounds good okay sounds good bill they're having a problem with the zoom connection so we're gonna hang on a second make sure everybody can get in idea okay all right so well did you hear me can you hear my engineer who's in the lower left corner he's muted that's my I can hear everybody okay came in loud and clear my traffic engineer is so are we good to go no just hang on [Music] okay feels really weird to be here in person doesn't it does new table and everything yeah and I think the equipment's new too since I've been here last now that I've met you all I don't want to do this again thanks Rob yeah thanks Tom call like well is this the same one they used for the board of selectman's meeting the other night it is sounds terrible there's so much you got to be careful of the sound that you make around it all you can hear is yeah thank you for the warning I wish they did um would invest in some lav mics that are Bluetooth wireless I mean that way you'd get people's voices instead of I don't know I I listened to it the other night I was like painful so is that the issue Dave that the link doesn't work but the meeting passcode do work I'm not quite sure but the U the link that's displayed on the town's website says the meeting is going to start at 6:30 which is obviously incorrect but we've got it set up correctly with the zoom application and everything at the proper time it also says the meetings on November 6 and where on the website does it say that uh Town calendar see events the and then when you click on the agenda the agenda says actually says and then it's only when you click on the Wednesday November 21st at take your pick I'm it's posted corre okay it's um I'm gonna speak loudly so the chair can hear me so I I don't I don't have a concern because the agenda posting is for a 550 meeting with a public hearing that starts at 6 o'clock the uh website seems to indicate that the meeting starts at 5:50 as well um if you use the meeting ID and passcode and you input that into Zoom it connects you um I think there there is may be an issue for some people using the direct link from the website but the agenda includes the language I've always recommended that says that Zoom is being provided as a courtesy and then in the event that there are technical difficulties that the meeting the live meeting is going to continue so from a from a notice perspective I don't I don't I don't see an issue do you need those that inut I'll keep it just in case that's great thank you oh I think that the the number date is way more important than the somebody's interpretation of what day of the week it was in this particular case [Music] oh I see your point Bill the agenda also says Wednesday right that's a whole that's a whole different issue well and the funny thing is of course Wednesday is our usual meeting day so um but anyway um I did get an email from Beth yesterday saying that the meeting was tomorrow so um that better than it being the date after like if somebody tuned in yesterday they'd realize it was today well it is a lesser of two evils but sometimes the division of open government still still qualifies it as an evil so I mean I don't know what to say it's it's um it's highlighted on um on the online calendar as being today the date above it um on the online calendar listing says November 21st which of course the agenda says too except the agenda just says Wednesday before November and not Thursday so um it's a risk but it's really the applicant's risk more than it's the board's risk the applicant is proceeding with the public hearing portion of the agenda and if there's a challenge later to the agenda not providing adequate notice it's the applicant that unfortunately pairs the risk even though the error was the town's error so what I usually recommend in circumstances like these is when the applicant when the applicant's matter is called you bring it to the attention of the app the applicant Council and they make the Judgment call if they want to proceed or not um knowing that the alternative is okay thanks for coming we're going to do this again um you know in whenever we can when whenever it can be noticed and whenever board members are available and the applicants available so but it does have the correct date just not the correct day of the week um so Adam are you saying you think it is defective notice then or not um it's it's certainly a defect whether it is a defective notice um such that you know would compromis the whole public hearing process or extends the appeal period I I'm not aware maybe the applicants council's aware I'm not aware of a case that addresses an agenda posting that had the correct date date but the wrong date of the week and not serving as a basis for a late filed appeal so I think the best thing you can do is you can give the applicant the opportunity to postpone if they choose to since it's they're the ones proceeding at risk and if they want to proceed then they proceed at risk and um I've not received any notice of anybody having and I don't know if Beth has having shown up yesterday expecting a meeting to be held um when there was no meeting and we have nobody else in attendance here over the council so um can I see the list of participants yeah would the applicants Council like to chime in here I I've asked to see the list of participants so select board Chambers tcam that's the host and that's this computer bill cigan is the chair we have David frothingham my engineer okay we have LMS was LMS Lisa strs okay hi Lisa she a resident yes okay so resident um and then your traffic engineer and then ZB ad and his bth that's all let me just check my so uh do we have a decision from the applicants uh Council I'm 90% of the way there Mr chairman I'm just looking to see uh in my files uh if I have information that I'm that I need hang on one second in case you can't hear him very he's just checking his file give him a minute got it I'm Gonna Roll the Dice Mr chairman I have no problem going forward hey so I move to open the public hearing on the application of 324 Main Street Partners LLC second it's actually a continuation it's a continuation I moveed to continue open the continuance second ping the members Tom yes John yes I could say it again if you'd like yes you're very soft no I yes yeah that's it's Rob Rob's our new guy Rob Rob Robert you got a pen okay um Darlene did you vote uh I did not but yes uh okay Vicki and uh who else who else did I forget Vicky Vicki says yes it's unanimous unanimous Bill cigan votes yes as well okay so we're open for continuation um we had um U our standard practice is to go through the um what do you call them um mandatory referrals that's right like I said where I put this stuff here is list of them right there I've got a list of them in front of me you want me to read them off Bill no that's fine I've got him I've got him right here um so was we start up actually you better do it because I'm having trouble um opening the letter I was able to do it earlier today great the Board of Health a setic system must be designed approved and installed that is in compliance with 310 CMR 15.00 and the Townsen Board of Health regulations the property is proposed to be served by Town water a food service permit must be obtained from the Board of Health this will require submitt of an application fees and kitchen plans to review for compliance prior to starting kitchen buildout signed Rick metf agent for towns and borida health the land use coordinator applicant should provide proof of compliance with 145-40 E1 the board should consider having the applicant provide proof of compliance with mass 21e board should consider having applicant provide proof of compliance with General bylaw chapter 49 that's signed by Jessica consalvo the luse coordinator from the water department new service line must be one-inch copper line and a 2in sleeve great project da I don't know how to say his last name the water superintendent oh there's an attachment and I don't all right there's one but it's not here hang on Bill [Music] okay Bill I'm going to continue we had a couple people come in to uh attend um the next ones from the board of Selectmen their comment the board of Selectmen agreed to leave it to the zoning board of appeals to be decided Joe shank bard of selectman from the fire department we have no concerns with this proposal we welcome a new business to town signed Michael Grimley planning board we encourage enourage revitalization of the site signed Laura shiffrin chair uh Highway um Highway and Conservation Commission both had no comment and there is an AB butter letter do you want me to read the abutter letter Bill uh yeah you probably better yeah I hang on probably huh the other side um oh there it is so this letter was written October 2nd 2024 and it reads we Joanne Thistle and Jennifer vioni who reside at 322 Main Street towns in directly next to the gas station being spoken about oppose the application of 324 Main Street LLC we have small child it will cause more traffic and noise to our area and strange people accidentally pulling into our driveway the construction and store will bring down the value of our home if 324 Main Street LLC would like to buy a property for a value of $1 million we would gladly move out if this is a approved we will hire lawyers to put the construction on hold and it will never be built if trees are cut down for this it will destroy our privacy the construction would be a huge health hazard to me with my cancer and Ms we will not allow this to happen again making it very clear we will hire attorneys to Halt the construction my doctors would not approve of me getting gas fumes through my open window and if that station was to set fight on fire my family would be dead like I said buy us our buy us hour for a million or spend Millions fighting us and then it's signed um by Jennifer veoni and Joanne thisle hope I didn't watch the names but okay those are the referrals comments uh Mr chair if I could sure uh my mom has asked me to speak on her behalf she's the abuta directly across the street from this project and uh she wasn't up to appearing on Zoom or in person David what's the address please she is at 321 Main Street literally directly across the street from the gas station okay and her name Jenny foli Fu n a i o l e okay I guess you have the floor okay uh first off she wanted to let people know she's not against this uh she just is concerned about how late the hours of operation might be uh she would hate to see it open with you know traffic running through the coffee shop driveth through until 11 or midnight or whatever so she's in favor of some kind of a reasonable time so that the lights aren't shining directly into her bedroom every night late at night that was about the extent of it okay thank you David all right [Music] um I had a question um wa well because while we're on that do you do you want to see if there's any other public comment or did you want to go directly to the well that's fine we could we could check for public comment that's that's a good idea sure does anyone do do you have any comments or I'm definitely in favor okay sorry okay um is there anybody online on Zoom of members of the public that have any specific questions or comments they want noted on the record okay Bill all you um so this place hasn't been a gas station for quite a while and and the question I have is do we have any issues with abandonment on this particular site may I Mr chairman given that we've got somebody with both barrels loaded next door already I'd like to make sure that we don't we don't skip over anything Mr chairman I'm Mark barki attorney for the LLC that to the applicant this evening my office is in conquer um the property has a long history of Permitting goes back to 1990 I believe there were two further permits issued in 1997 and then a special permit was issued in 2012 I believe that all of those permits were U survived the period of lapse that's prescribed in chapter 48 section n you have to commence construction or commence use within two years and I I don't think that there's any question that all of them achieve that land that Landmark so I don't I'm not considering this abandoned for purposes of the application we're not trying to bring back something um that was that was left by the side of the road pardon the punt so we're we're treating this as modernization of the special permits that I just just announced and um seeking to to now move forward the proposal is for much the same as the 2012 and and 1997 permits authorized that is the use of the property for a what we call in the business a combo a gas convenience store goods and uh there'll be some food out the window as well the it will have a dry through Lane that will queue appropriately Mr misho our traffic engineer will describe the details of that brand new uh facility that will be rebuilt from the ground up Mr frodingham our engineer will also give you um his best take on how that will work I'm I'm happy to turn over the mic to Mr bringham first and then Mr MHO can come in and talk about the traffic because I know that's been a concern and then the uh applicants the managers of the LLC just came in well we were setting up the meeting and Mr Umar mugal and his dad are here they can answer any questions that I can't okay good yeah I'm aware of the perent history of the place I just wanted to make sure that um that we don't um Overlook anything that's all thank you um the other question I have uh just to get started is uh this was there was a um um I I I can't remember what state organization but whoever was in charge of uh gasoline storage tanks uh there was a project there to deal with the pollution that had occurred in the past and uh the last I had heard about the site it was it was an ongoing thing and then I'm I've been told recently that oh yeah no it's all been cleared up and they have a clean bill of health from the state on the on the site is that accurate um my name is Omar I'm one of the owners of the LC so you probably have to you probably have to come up why don't you take my chair for yeah this is this is the microphone yeah pull up pull up a chair and whoever's speaking can come sit okay my name is Omar mall I'm one of the owners at the LLC uh to B knowledge uh the property is uh being like it's almost 100% cleaned up but there's still some compliance testing Sol testing that's happening quarterly uh I believe the civil engineer David Can Shed a little more light on it because they're the engineers and uh his firm is uh monitoring the site uh for cleaning up whatever issues that were found whenever they took out the tanks I believe it was around 2015 or something uh but by the time the whole remediation process was supposed to be done it was supposed to be 100% cleaned up so we are well on our way to be there if we have not already achieve that mingham has to uper that subject but David if you would give us just a complete overview including the 21e issues uh sure uh unfortunately I can't speak too much to the contamination or the 21e issues on the site I know that it is still under um ongoing monitoring and Reporting um for the contamination that was present on the site division of our company um but if the board would like I can certainly provide additional information on the compliance with 21e um from our environmental division I guess the question are there monitoring Wells like pipes in the ground there there there is still monitoring wells in the ground and there is still monitoring equipment on site great thank you uh so my name is Dave frham from will Cox and Barton I'm the civil engineer for this project um I will try to share my screen with everybody someone will have to let me do that yeah David yep give me a second I'll let that okay give it a try David um there you go all right can everybody see that yep okay so along the just to get everybody oriented along the bottom of the sheet um is Main Street Route 119 um quick this this is the existing conditions plan so um what you see in the front of the site here is the existing canopy um all of these U monitoring Wells that are labeled these are all the wells that are on site some are active some aren't um the existing building in the rear here or just further back in the site and then some existing sheds um in this area over here the existing septic system is behind the building and in this area here um and then there's an existing water surface that comes in from the street so this proposal is to demolish the existing canopy and all the existing buildings uh existing pavement concrete everything that's that's on the site um and to construct a new uh commercial building uh with a convenience store um drive-thru takeout window and office space on the second floor so starting at the front of the site uh the site will be accessed through two two-way curb cuts um so cars can enter from either direction uh generally circulation will run through the site in a counterclockwise Direction especially through the drive-thru um the drive-thru is set up with an order board and a queuing distance and then on the opposite side of the building a drive-through window um delivery trucks coming to the site will enter through the Western Eastern side um to access the tanks and move through the path through the site so first thing in the site is a is a new um 55 by 52 foot canopy over four new fueling positions uh each fueling Position will have um gasoline and a fuel will have diesel to the east of there are two new uh underground storage tanks um one 15,000g tank for gasoline and then a 8,000g compartment tank for each for 4,000 gallons of premium gasoline and 4,000 gallons of diesel uh these tanks are are fiberglass in construction um they are double walled with um monitoring of both the the the interstitial space and the fuel levels with leak detection systems in all of the piping and piping sumps uh all of the piping is double walled uh this will be a modern system with all meeting all of the current standards and using the latest technology uh for um spill detection and prevention um moving back into the site we'll have parking down each side and then some head in spaces across the front of the building um we are proposing a new sidewalk into the site along the Eastern side and a new sidewalk across the front um connecting with existing sidewalks on each side this just replaces the sidewalk that is there and brings it up to a current 5 foot wide concrete sidewalk standard um so storm water and Grading on the site so that site naturally slopes from the front or the North to the south in the rear um so we've designed a storm water system for this taking into account um the types of uses on the site and the increase in impervious cover for the site so the grading design is such that with all the fueling taking place under a canopy that all store want to runoff is routed around to the fueling pad so what this does is it one um there's no rainfall directly on the pad and there's no run onto the pad so the the the fueling area and the storm water runoff are are separated to the maximum extent possible by this site by this system uh storm water will be collected in the rear of the site in a system of catch basins and uh pipes all the catch BAS basins are proposed to be uh deep sump catch basins uh with hooded Outlets so that any floating debris or floating hydrocarbons gasoline or diesel remains in those catch basins um and doesn't pass through the system uh this also provides our pre-treatment of our storm water um at the rear of the site prior to discharge from the closed network uh we have a storm water water quality structure so this is a structure that provides um 80% removal of total suspended solids removal of hydrocarbons and other pollutants from the storm water and then is discharged to a new infiltration Basin at the rear of the site um the soils here are deep well- drained soils so we're able to uh infiltrate um nearly all of the runoff from the site up to a 50-year storm event um at a 100-year event it does overflow the storm water basin and flow into a drainage at the rear of the site this mimics the existing storm water pattern on site there's a natural low area in the rear that already collects and infiltrates all the runoff from this site so this design mimics that we do take into account that we are are do have a uh a high pollutant load because of the gas station and we remove nearly 90% of the pollutants prior to discharge to the infiltration Basin um through through this system um as noted uh this site will be served by uh Municipal Water and we'll make the changes to the plan as requested by the water department and zis and Roy has designed a septic system for the site that is in this area right here I apologize that it didn't show up on these plans um but the system has been designed for the site and it will be submitted to the health department uh for review and their approval um and then lastly across the front and on this sides over here we are proposing um some additional Landscaping um especially across this Eastern side adjacent uh to the single family home over here um with a thick hedge row of Cedars to um to again to the maximum D practical you know keep light and noise and dust on this site now post construction you there'll be very very little dust uh Generation Um and we did submit a lighting plan using all downcast and cut off fixtures um to minimize the spread of light and and light pollution around the area did you consider putting up a fence in addition to the Cedar uh that is something we could do um but we had at this point just proposed the cedar but if the board feels that a fence would be as well would be appropriate that could be done a stockade fence the cedar were ultim grow to be a thicker taller screen than a fence would a fence will provide kind of immediate U separation height of the Cedars what's the height of the Cedars on installation uh six feet I believe yes PL PL plantet height is six feet four feet on Center so it will it will be about the same height as a stockade fence when they go in [Music] uh question on your canopy is there any fire protection system in there there will be a fire fire suppression system in there yes okay is that state code I I'm not I'm not clear on that it it it is standard practice for to do that yes so it's good good manufacturing practice but it's not necessarily required by the state uh it's not required by NFPA um I don't know okay okay that answers my question thanks all right um any other questions from the Boardman also there are no questions we have Bob MHO from MDM transportation and he's done a traffic review of the property in the area uh yes good evening chair and board members for the record Robert misho managing principal of MDM Transportation Consultants we're based in Malboro Massachusetts um what I'd like to do is just a share screen here um so I may need to be admitted uh to share apologies for that um I've got a very brief um slid set that I'd like to present it's the host that does it uh Bob you may be able to try uh yeah I'm trying now um it just says that it uh the sharing is not turned on so I think um the administrator may have to um turn that back on be back to his okay laptop yet can you let us know when you can hear us Dave yeah I uh will give him screen sharing momentarily thank you okay Rober you should have it now got it thank you um okay so you should be able to see on the screen um I've already introduced um what I'd like to do is just recap what we've prepared by way of a traffic study it's a a a standard traffic study that would be required in this C in this case by mot it was done to a Mot standard um and it looked at the frontage of the property uh as the board is aware the property is on the south side of Route 119 um Main Street that is a roadway that's subject to Mast doot permitting uh so there will be an additional process in which uh design of the driveways um and pering of the driveways needs to be U conducted through Mass do um to provide some context on what we expect for traffic we've looked at industry standards for the combined set of uses that are being proposed um that would include the the convenience component the drive-through coffee shop the office component and the fueling uh stations or fueling positions um I want to make one correction and that is while there are four pumps located on the proposed site plan that correlates to eight total vehicle fueling positions each pump actually is allowed to uh fuel on either side of the pump if you will so we've got eight fueling positions we've got um Second Story office component at 2,000 square ft and the ground floor would be the convenience store um at 2,000 square fet uh roughly half of which would represent the coffee use with the drive-thru when you apply industry standards trip rates to those particular uses um uh and then make a correction for what's known as pass by traffic those those uses principally draw their business from the existing passing traffic stream that's known as a passby trip uh the vast majority of these trips are in fact uh these types of trips pass by they're not necessarily new to the roadway they're already on the roadway they just find uh the opportunity to um grab a cup of coffee or refuel or grab a convenience item on their way to another destination when you apply those um what we're talking about in terms of new vehicle activity for the use is less than 30 total um hourly trips during peak hours so by way of example in the morning which tends to be a higher generating period for coffee shop use in particular for instance uh we would expect there to be 15 additional trips on Main Street that would want to go into the site in about 12 uh per hour that would want to leave during that particular U period period of the day weekday evening is folks are coming back from work for instance we'd have similar but slightly lower volumes uh at about a combination of 25 trips 12 in 13 out and on a Saturday midday um just under 30 15 in 14 out so those are the new trip increases that we would expect a facility like this to generate very manageable numbers frankly and relative to the roughly thousand Vehicles an hour that use Main Street uh represent a very small incremental change uh if you to look at um how those trips are distributed on the road we've produced these very high level Graphics right these are very schematic um snapshots in time uh for weekday mornings weekday evenings and Saturday midday periods and you'll see in the top of this particular slide uh the site is represented U by having these two driveways right the easterly and Westerly driveways and then the Main Street quarter and you'll see that um we believe that roughly 70% of any new traffic that would be generated would be tending to come uh from the West um 30% uh to from the East and when you apply those trips uh that I just mentioned earlier the new trips and you add those to to the volumes that's what we're actually looking at right now um we're we're showing that uh at either driveway the vehicle trip increases uh and the total number of trips that would be um coming into leaving the site are pretty manageable numbers um the higher volume driveway which would be the easterly driveway uh would be generating about 20 left turns an hour it's about one vehicle every 3 minutes uh and about 40 just under 40 right turns per hour uh vehicle every couple of minutes um to the right and you'll see in the other example a weekday evening peak hour and Saturday midday peak hour very similar but very you know modest numbers um operationally U what that means is that if you're attempting to leave the driveway you'll experience some amount of delay but very minimal delay and uh as we do these traffic studies uh we need to report those delays in terms of a letter grade designation uh low low delays very low delays are represented by a level of service and a uh the next tier would be and then so on and so forth until you get to what what we would call a failing condition in this particular example uh regardless of the time of day morning evening or Saturday midday these driveways will work very well with delays of less than 15 seconds for uh any turns uh leaving the site and for turns into the site even even less delay than that so from an operational standpoint this is not going to create uh an impediment it's not not going to create a Slowdown uh in front of the site uh it's not going to create any amount of substantial queuing either on the site or um along Main Street uh now in addition to the operations we've also looked at um the drive-thru and how it would function uh the site plan is welld designed and that the drive-through function is well to the rear of the property away from Main Street um it uh contains a drive through Lane that it has the capacity to um accommodate somewhere around 10 Vehicles entirely within the drive-through Lane and additional space behind that within the property um itself uh where the actual amount of queuing that we predict will happen based on this location and the size and layout of the facility uh is that the maximum amount of queuing we expect uh would be about five vehicles uh going through that uh Drive so the drive-thru is going to operate well below its um actual capacity uh and we know because I know we've done we've done a lot of projects like this throughout the Commonwealth that the window itself has the capability of fun functioning at a very high level in terms of the number of vehicles it can actually process uh in this particular example um we don't believe that the demand for that window is going to be any more than about 40 vehicles or so a little under 50 vehic IES where the window actually has the capacity to generate or accommodate about twice that amount of traffic um so we're comfortable that the layout is uh going to well uh is well suited to to um accommodate all of those demands within the property from a circulation standpoint we've looked at various vehicle types and circulation patterns that are expected um in in this particular example by fire apparatus or emergency response vehicles that may need to occasionally get onto the property uh We've modeled the path of this particular vehicle using computer software uh referred to as autoturn uh it shows the swept path of that type of a vehicle as they would be turning into main or the site from Main Street or turning from the site back onto Main Street uh and we're pleased to report that the circulation elements of the site work quite well for that type of a vehicle uh there's no impediment to traffic flow and I believe that the fire department has all all ained that they're comfortable with this particular design in the site we've also looked at fuel tanker as David had mentioned earlier uh there are underground storage tanks that would need to be refueled um that type of an operation typically occurs once to twice per week um the driveways are appropriately sized so that uh a tank or vehicle could uh get into the site circulate within the AIS pull over or near where those underground storage tanks are and comfortably leave again uh without encroachment and F uh and finally I think we also uh I guess that's it for so those are the largest vehicle types that were modeled everything works I will point out that the driveway design um as it shown in the site plan may be subject to uh slight refinements uh uh through the mass do review and approval process uh do uh will sometimes require that sites like this have a specific curb radius uh and material of construction those types of details would be hammered out through that uh secondary permit process if you will um uh but all of the elements that are shown on the site plan uh are generally consistent with the mass do criteria uh as David had mentioned earlier the sidewalk uh that currently fronts the site will be upgraded uh so that it um is rebuilt along the site Frontage uh and is uh made to be ADA Compliant um so from that perspective we're comfortable uh representing that the site and its current design uh is substantially in conformance with the DOT requirements uh subject to small refinements through that um subsequent review and approval uh so that's really the extent of the traffic report um this is a low impact uh uh project from the standpoint of how much more traffic or additional traffic would generate will work quite well from an operational standpoint both at the driveways along Main Street and for the drive-thru and is properly sized and dimensioned for the types of circulation elements that we expect would need to be accommodated all right with that um that concludes I'm glad to answer any specific questions the board might have thank you so the the data that you're using is based on the classification of the road not actual traffic counts of what 119 is so yeah I'll clarify that's a good question we actually did go out um in um the first few months of this year and we did counts uh using um high technology video cameras actually uh called myo vision cameras and so we did record the hourly and the daily traffic flow conditions on on Main Street uh We've made appropriate seasonal corrections to that data uh that data had indicated that on a daily basis Main Street currently carries on the order of about 10,000 Vehicles a day uh on peak hours the morning and evening peak hours that I mentioned earlier uh those peak hour volumes uh range around 800 total trips two-way trips past the site uh so that's all documented in the traffic report uh in accordance with mass doot guidelines thank you um do you have any uh recommendations about the speed limit on that on 119 at that point yeah um actually it's a it's a good point we actually did look at Travel speeds um while we were out there so we did speed measurements to determine compliance with speed regulations um and I'm going to look at the actual results right here and be able to say yeah so posted 40 um the speed um uh technology that we use here was a radar box so we use the same data collection techniques as a police department would use for instance uh to measure speeds and we've done that over a a two-day period of time um the average or mean speed is actually just about exactly 40 it ranges from 38 to 39 miles an hour um and there's a second statistical uh data point that we also report it's called the 85th percentile speed and that's the speed at which 85% of the traveling public travels at or below and that 85th percentile speed is actually what the state would consider appropriate for hting speed limits uh the 85th percentile speeds actually range from 41 miles an hour to 43 miles per hour so they're very consistent with the posted limits there uh so we see no cause or reason to uh have to revisit what the regulatory postage speed limits are in that area okay good was having the uh School nearby factored into this uh people walking over there are sidewalks um currently along Main Street um and I think the applicant the proponent recognizes the importance of providing a pedestrian connection to the property itself um uh beyond that um there aren't any specific um you know actions that are being proposed to you know encourage that type of use the idea is we want to accommodate within uh the context of the site the ability to walk to or from the site um or to bike there for that matter right so those those are all accommodations that the proponent is willing to to make within the context and confines of its Frontage and its and its property all right great it's it's not often we have have somebody from Marboro talking about traffic I love talking about traffic we uh like we like to leave better than we found it's a great town to practice in that's all I can say yeah there's a lot more traffic where I'm at yeah all right well thank you um anything else no Mr chairman that completes our presentation um we're happy to answer any questions about topics that have been raised this evening did you consider putting any uh EV electric vehicle charging stations we thought about it but at the moment uh there's not enough to for it so it's not really Ian we definitely David and I did speak about that actually but then from our my experience in this industry uh which is roughly not a lot but about 15 years uh those work better on the highways or bigger like Mall facilities you rarely see one on like a 119 type road you can go through you'll never you know you won't see it like stop type uh there's there's a little more flow it makes a lot more sense there than the Cy stop some it's going to hang out long enough yeah the stops are so brief yeah I me we would like people to spend like half hour inside the store but I don't think that's the goal so that would wouldn't be a very long charging session I the only usefulness would be if you had an employee there that that drove to work and uh wanted to charge their car but I don't think Bill can yeah this is the microphone Mr chair Kevin Smith wants Kevin Smith something yes Mr Smith want's up recently towns and Ford a neighbor to this property put in a new I believe four electric charging stations um so there is uh I'm going to say substantial electric charging capability within just a few hundred feet of this site and I have never seen a vehicle at that charging station since it went in I don't know anything more than that but it's not really a happening place there you might say are those open to the public any are they're open to the public and I've never seen a vehicle I I often look when go by because the the uh owner spent a substantial amount of money uh installing them and myself I've never seen uh any Vehicles there uh uh using the facility so you'd have to drop your car off and get a ride home to use it yeah probably yeah something like that thank you Mr chair buy new forward while you're there all right so um trying to get calibrated so we've had the presentation I I think it's time to go through our um we have someone else we have someone else who wants to speak can you state your name for the ref my name is elas and I am the first move in 15 years in tanan before and I start from that gas station zero and that is the oldest gas station in the town before Speedway sitco Gulf such shman Allen on the property and it from him after I left that is since I left that is close and uh regarding uh traffic our Police Department is doing very good control because always police car is there right in front of my house they are watching traffic if somebody's going over speed they give right and uh night and day speeding ticket and uh that my house I live 310 Main Street and the location is 324 and that is my walking distance and that school zone School area is 20 m per hours just sign is the in front of my house so nobody's over I mean driving that and that is my visual thinking uh this is my first place I start my business I am almost 35 years in United States New York Boston Chicago everywhere but since my family came I decide to stay here because this town is looks to me very nice even I go sometime outside of the house I leave my door open but other town and other state I live I not do that even when I go I leave the TV on because somebody think that somebody's inside especially in New York and that's why I appreciate the town business people and even Town herself town office um they they helped me lot I did my house and they gave me permission to live there and Mr Kevin Smith he built for my new house because that that house very close and disturbing so I want to make a new so I go back I mean I have uh no good words more than that I don't know what I talk about the towns because uh that is uh very good for me my kids I have seven kids all my kids grown up my good get education to three um my kids are a doctor in Boston and uh accountant and and big big FS almost and everybody they told me move from here to Boston I say no I live here my wife die here my mother die here I want to die here I don't want to go Boston I don't want to go anywhere I like it I like same that my house and that is my wishful thinking because I can do if I want to do I do something for town because this town really helped me too much and I appreciate and that's it thank Youk you thank you yes com you have some more comments come on up Kevin he can't hear you if you don't because he's on the zoom no he's zooming from far away Mr CH go ahead uh I as a resident in a town my whole life uh Mr mle and his family came to town many years ago and he worked hard he opened that little business there he worked as hard as any of us maybe even harder or equally as hard he worked hard he he he he ran an honest business there and uh as a resident of Townsen taxpayer businessman I think I can speak for my whole family um I'm in support of what Mr mle is uh trying to do he wants to spend his retirement years working every day like he has for the last 40 years probably walking back and forth to that gas station um we we've all the time he was there our family bought fuel from him he was very honest he ran a very good business I watched his kids grow up um going to school here and uh I just I just want to let the board know that I I'm in favor and I almost think I can speak for my whole family to uh allow this uh project to move forwards thank you thank you thanks check online about any other additional comments bill should we check online and see if there's anybody on Zoom who wants to comment before we start processing um we got we've got um we've got LMS which we haven't figured out who that is we got Asia's iPhone and Usman LMS introduced themselves that was Lisa Str yeah that's Lisa Str I don't know who hello hey my name is Usman uh last name go so I'm Omar's brother um uh and I'm also one of the owners uh of this LLC um I just wanted to comment on one thing in the objection letter so I'm a physician by training I work here masteral briam in towards downtown uh there was a comment about increased risk of Ms flares and possible carcinogens um uh related to the construction side there there's not a lot of data supporting increased exacerbation of Ms flares in proximity to a construction site um uh there's no increased morbidity mortality and no Direct causality in this very specific situation um and we find the one odd case I'm sure I think if we did that like we probably wouldn't take aspirin either uh but from a medical point of view I mean there's not a significant risk of increase of Ms flares otherwise when hospitals are under constructions we probably wouldn't have MS patients come to the hospital at all okay thank you yeah no worries um let's see can uh ASA are you trying to say something you're muted oh you're not okay all right okay um nobody has their hand up bill so I think everybody online is good I think all right [Music] [Music] so what's in front of us is U is a pre-existing non-conforming use I'm I'm a little unclear on this the special permit request is under sections 145 d46 d65 and-4 it is a special permit request to basically demolish the existing facilities on the property and to replace them with uh the improvements as described by Mr frodingham that would be a new canopy and a new principal building that would have a convenience store and a food drive-through window inside eight eight positions four pumps completely replaced tanks um I think I I hit the highlights well Bill 145 18 is the non-conforming because this is a ra3 district so it's a residential A3 ACR so that would mean the use and whatnot preexisting also just to be clear Mr chairman the office is for the use of the business it's not going to be leased out to some outside third party thank you for that oh I had one other question uh we gave a a variance some years ago for the canopy location um are you planning to take advantage of that variance in this project or is it going to comply with the current setback everything's set way back the the new building is set back further so that allows the canopy to be set back so it looks like they comply with all all setbacks Dave do you want add anything on that so the yeah the existing canopy was existing non-conforming to to the setbacks the proposed canopy is more conforming than the existing canopy so we are we are improving the setbacks but the canopy is still within the 50 Foot front yard setback all right so I I I can show I can show you on the on my plan if You' like how many that's all right I believe the I believe the variance uh runs with the land um so that it's still in effect so if you're if you're um if you're moving the canopy to make it a little more conforming than the variance allowed then that sounds like it's going to be uh okay the existing canopy was 8 ft off the front line and the proposed canopy is 23 feet off the front property line so it's it's it's within the variance that was previously granted it's like half within half y yeah the other was all totally I think that's good news thank you U Darlene do you want to do you want to go through the the U special permit criteria sure [Music] um I don't have my computer I have the big fat book let me get it we did go through them in the application yeah that's true too um yeah you did a nice job oh thank you [Music] so a is adequacy of the site in terms of size for the proposed uses um I'm going to write what the applicant responded for each thing if that's okay with you Bill and then the board can make their own comments their own finding sounds good sounds good the property contains the width and depth to allow for the development of the proposed project there exists sufficient area to permit safe vehicle and pedestrian circulation and proper Environmental Protections the project includes an upgraded storm water collection treatment system the proposed development also includes spill control measures for the proposed fuel dispensing system I would say some of those sentences don't apply here um I would say everything fits on the site with proper with setbacks that are sufficient and everything fits um property contains the width and depth to allow for the development of the PTO project I don't I don't see any problems okay some of the other comments kind of apply okay um the suitability of the site for the proposed use the property is the site of a once fully operational gas station and convenience store the project will improve the site and upgrade the property appropriate for today's uses the project redevelops an outdated facility with new fuel dispensing systems in a new building the property's located along a state highway the property's located near the down town area as well as other commercial and Industrial developments the project will provide needed services to the towns and Community although there are adjacent residential uses the property has historically always been used as a commercial gas station yeah I agree with that my comment would have been although it's zoned residential A3 it's always been used as a gas station and um right commercial facility there's a historical argument for a gas station at that site okay impact on traffic flow and safety I think we get that one covered um but I'll read this the applicant refers to the traffic impact study prepared by MDM Transportation Consultants Inc enclosed herein as concluded by MDM here will be adequate capacity along Main Street to accommodate the project proposed access improvements will provide ample capacity to accommodate site generated traffic while also enhancing safety and capacity in the study area in addition proposed Acts s erress along Main Street will be designed to ensure that adequate sight lines are provided in accordance with a HTO criteria based on ambient travel speeds projected drive-thru customer demand and operations will accommodate Peak period queuing impacts on the site with no anticipated impacts to the onsite circulation or site access good with that all right impact on neighborhood visual character including views and Vistas I think this would be an improvement um the project proposes to replace a vacant building and fuel canopy with a new well-designed building in canopy the proposed building is located farther into the site and adds a second story to better conform with the aesthetic of the area the proposed development will not impact any use or Vistas that everybody good yeah I think that's accurate all right e adequate adequacy of method of sewage disposal source of water and drainage the site design includes an on-site soil based septic system compliant for the proposed uses and strength of Wastewater the Redevelopment includes a new storm water collection and treatment system runoff of the impervious surface surfes will be collected in a closed drainage Network and conveyed to a storm water treatment system after treatment the runoff will be discharged to an infiltration Basin at the rear of the lot where runoff is detained and infiltrated the system also includes measures to prevent spills from the fuel dispensing area to commingle with runoff these measures include a canopy over the fueling area grading the site to direct runoff away from the fuel dispensing area and positive limiting barriers around the fuel dispensing area to collect minor spills and prevent them from leaving the fuel fueling pad good good all right F adequacy of utilities and other public services the property is served by electrical Communications and Natural Gas Utilities located within the main street right way at the front of the property Water Service to the property is provided through the mun ipal water system also located within the street right away so that doesn't look like the problem G impact on ground and surface water quality and other environmental and natural resource considerations the project includes a storm waterer management system to protect surface and groundwater quality as detailed in the plan set the project includes a storm waterer management plan which is incorporated here in by reference the project also includes a new fuel dispensing system the new system includes a double new double walled storage tanks double walled piping buried containment sumps and spill containment measures as described above also included in the fuel storage system is electronic monitoring of the sumps and tanks which notifies the operator of the system of any liquids with the sumps or inter intertial intertial interstitial spaces I haven't heard that word in a while okay um anything to add to that bill anyone else um no I I I the only thing that that uh I noticed was that the um you've got two um essentially grease traps in series and you said that that would remove 90% of the pollutants and I'm I'm just wondering what it would take to do better than that I mean would you have to put in a some sort of filtration system um i i e even I mean this this exceeds the the requirements for discharge to an infiltration Basin okay typically you you only need to treat for about 50% TSS removal to to INF to discharge but because of the uses on site we went above and beyond that okay great I mean it's it's more of that planning board's um Wastewater permit that'll talk about that anyway but that's good to know thank you so bill um that's the special permit criteria I know we need to make a couple of findings but is there anything we need to discuss or talk about as far as the aqu for protection overlay district is there you should you should refer to the standard as well so if you scroll down or if I scroll down you don't have to scroll down but are there any special like findings by itself to it there are so section 145-40 is the section that deals with the the AAL protection overlay District you have it there yeah and if you scroll down specifically to uh well the very first section SE subsection a uh includes the three find excuse me that's the finding justify it's um bear with me special permit criteria it's an F2 so when that go to the next page or the one after f is in Frank yeah right there so that's the standard for the issuance of a special permit which is different than the six criteria you just read you have to determine that groundwater quality resulting from the on-site waste disposal and other on-site operations will not fall below applicable federal or state standards for drinking and recreational water at the downg gradient property boundary okay did you hear that bill did you hear and read that so how does the applicant respond to that question I we talked a little bit probably asked David yeah did you hear the question David I did I did um so the as far as the Wastewater Disposal system um it was designed with uh a a pre-treatment filter um Wastewater from a gas station is considered high strength so the system is equipped with a treatment system that pre- treats the Wastewater U brings it strength down to that of a residential uh system um before it's discharged to the um the leech field system um and it it is compliant uh with Massachusetts regulations um the the Wastewater Sy the storm water system uh as we discussed earlier um it it takes into account the measures to separate the fuel fueling areas from storm water runoff through the canopy through positive loing barriers and through grading storm water away from the pad um and then discharge is further protected through the use of um deep sump catch basins with hoods and the centrifugal storm water quality separator so treatment treat full treatment is provided of the storm water prior to uh discharge to the infiltration basin so is that's basically our finding fact do we need to make a motion on that or anything or can we just add that as a finding of fact and as we if we get to the motion to Grant the permit that's a finding of fact because we're going to reference this um 145-40 right so you've been making your findings and you ultimately vote whatever that may be you would vote to issue the permit subject to the findings and with the conditions that we have yet to discuss okay so we'll take that as a everyone with as a finding fact for this application okay where do you want to go next bill um well we probably should have a we need to we need to um find the section the section six finding right all right I'll do that I'm make go last time um I propose that the proposed project will not be substantially more detrimental than the existing nonconforming use to the neighborhood for a second yes I am second okay so we're ready to vote pulling the members uh Rob yes Vicki yes Marlene yes John yes and Al yes as well a motion carries all right so now we need a a motion for the special permit based on the findings of fact so I move that the prop proposed project in use will not have adverse effects which overbalance its beneficial effects on either the neighborhood or the town in view of the particular characteristics of the site second um do you want to add subject to the findings of fact um sure is is there a second yes second alling the members Rob quick question is when do we do the the restrictions or conditions conditions under the granting of the prary okay so that's coming yeah right okay yes Rob says yes Vicki yes uh Darlene yes John yes and I'll I'll ow yes as well Bill kigan all right motion carries so before we consider a motion to Grant the special permit I think we should talk about any potential conditions and one of them I think we should maybe we should look at a previous decision as well I noticed a couple things in there that that might be helpful one of them being hours of operation but I don't do we ask is it in the application no do do you have hours of operation that were proposed we did look up the old uh condition and I believe that it was 5 a to are they all the same am to 8 P.M old Monday through Friday okay 7 a.m. to 8:00 p.m. Saturday 8 to 8 Sunday that's the that's the 2012 permit right and then the previous one that was six that was a different time the silver rules it because it was the latest permit would be would be applicable right but modify are you okay with those hours or I asked him that same question and his answer was yes okay uh we okay with that so basically I mean I would be if I was in a butter and I had cars pulling out directed straight at my house I would be like okay when's that going to end right so we're looking at like 8 o'clock at night um I don't I think it's reasonable yeah okay and then there 500 a.m. during the week yeah I'm always astonished at the number of people on the road at 500 a.m. yeah not me but you'll get all the folks going to the golf course Boston traffic and the people going to Boston Billy are are you good with the hours we had on the previous decision as well what else um want want me to read the conditions or want or or um Vicky has them maybe Vicky could go through the conditions we had on the previous permit to see if we want to just incorporate those or if there are any changes to them sounds good all right all right uh so the conditions were one hours of operation shall be Monday through Friday 5:00 am. to 8:00 p.m. Saturday 7: am. to 8:00 p.m. Sunday 8:00 a.m. to 8:00 p.m. second a 5ot buffer of trees and es shall be maintained along two side lot lines to protect abutters three in the interest of safety the facility is to be in compliance with zoning towns and Zoning bylaw 145-11 number two would you say is not applicable because they've offered a kind of an updated better solution for with the trees and I like that better so let's the Cyprus well it's also it's also site plan review material so I don't think we need to put yeah I don't think we need we need to get into that except okay and then do we we don't need to reference the outdoor by outdoor lighting I think we did that last time because it was a new rather new bylaw it was kind of like and I m I don't know if the EG had accept accepted it but they they have to comply anyways condition in it just reiterates what we have to do any right so I don't think we need to say that no we didn't get the new bylaw anyway right I don't remember getting it well that was the old new one condition relative to lighting I wouldn't be quite so specific I would just say the app is required to comply with all outdoor lighting provisions of the town's bylaws as an effect um those are General bylaws they're retroactive in effect anyway so something gets adopted in a year it's going to be applicable so is what's your recomend do we even have to put it in there they have to comply with it right I mean I've got some I've got some board that represent that will include a dozen conditions reminding an applicant of things it has to comply with anyway but they like the belt and suspenders approach I have other boards that say they're required to do it we defer to the enforcing authorities to ensure because I wouldn't want to put them in there and go oh well you forgot one you probably didn't mean that one that's fair so I'm if you guys want it in there fine I I don't I don't care no I I think I think we um we can just put the boiler plate that uh other requirements of other boards uh or this permit does not whatever I think that's already in our Bo boilerplate language too so I think it is in there yeah okay uh number four due to its location in the aqua for protection overlay district there shall be no increase in the amount of hazardous materials stored on site is that already managed by the Board of Health I'd like to stick with that well the CH challenge if I could is that they're proposing a new facility Al together with I think how many pumps were on the site before yeah eight were there eight stations before probably not so my guess is they're going to have site so if you require them to limit the storage to what existed in 2012 No Limit the exist of what they're applying for no more than that it says there shall be no increase in the amount of hazardous material stored on site right so no increase beyond what the plan show is that what you're suggesting yeah but I don't is it is that necessary definitely no I don't I don't think so oh yeah yeah I thought that was stat I think with the new facility and all the compliance everything that's involved I don't think that's necessary well I guess a the question I have at the moment then is uh are you planning to sell oil in the convenience store I don't what mean like quz I would think well just M Oil like you know whatever you need for your indine like a that's about it yeah like you know auto accessories that you can get at a one of the other two gas stations I mean we're not going to be any different than them so you know it's just what's normal and customary for that kind of a you know so as aside from zoning controls there are state laws that govern storage of Hazards materials and the required mitigation depends upon the extent of storage so if you've got you know at any one time 20 quarts of oil five on out on the shelf and 15 in the back room you're likely not going to trigger any mment requirements if you've got more significant storage on site same thing as a a propane filling storage tank in the side how how big is it are you selling tanks that you know you swap the tank you pay $1 19995 or do you have a large tank in the back Fe you're filling there's different requirements that apply so I'm less concerned about the quartz of oil and more concerned that you we just that you're specific enough with respect to what you're allowing the way that I read the condition in 2012 because it was amending a prior permit is that your board at the time was saying and Bill would know better than I because he was on the board at the time but I think it was saying that there would be no increase from what existed prior to that 2012 permit and the amount of hazardous material on site and I don't know that we want to say that about the gas station that existed in 2012 because they are going to have more than they had under the under the prior operation you could just say that all storage of hazardous materials will comply with state law yeah which again it's telling you what they already know but at least it's at least it's sh I like that I like that you got that did be get that I think the only the only um the only issue might be if there was like bulk oil storage there or something like that but if it's all if it's all um quarts of oil that somebody might need once in a while then that's not going to be an issue what else we got all right so for number four we are or we not so what this is the no increase in amount of hazardous materials no no we're not delete that please all right number five material delivery hours shall coincide with the hours of operation per state and local requirements yeah that's that's good too because we have had issues in the past with u with big with deliveries happening in the middle of the night and uh you know that's that's that's not something we want to support so I think that's that's good okay good condition and number six I the zoning board of appeals shall be provided with evidence that the special permit has been recorded at the middlex South registry of deeds I don't think we do that anymore do we no we don't well we don't put it in the conditions right yeah we need to do that oh to get the building permit you need the evidence of recording most part maybe it's just it's an a boil place maybe I think it is Mr chairman can we revisit the times uh for hours of operation one last time to just there's a certain amount of flux here can let's just take them one at a time and come up with the same numbers on on all sides okay I I've got five to 8 5:00 am to 800 pm on weekdays yeah and I'm relying on you to jump in if you want exactly on Saturday I've got 7 AM to 8:00 pm is that correct yes Y and on Sunday I missed it 8:00 a.m to 8:00 p.m. 8:00 a.m to 8 so can do you have anything that you want to uh you're the one who's got to wake up I I know now me I'm going to hire I'm not a morning person have you can have less hours you just can't have more hours because last time we increased one hour because when I opened that sitco and at that time morning um uh they open 6 and I increase 1 hour I go through zoning board and everything then they make 5 to 8 so uh the only consideration I would like you guys to you know consider is on Sundays 8: a.m. for you know coffee shop like if we could do like seven you know just Saturday hours just the hour early because we're definitely going to miss a lot of business if we open at 8: a.m. uh so you know instead of opening 8 28 on Sundays can we just do 7 a.m. 28 Saturday or Sunday my my opinion is because I run that location myself whole day I run I open to close I done that 5 to8 normal weekday Saturday Sunday 7 to 8 three M days yeah yeah both day 7 to 8 because that is the traffic is coming from New Hampshire going to Boston and then they they are a Li and tri morning and evening we have lot of that 119 they are Bumper to Bumper if you pay attention morning up to school up to school to light they are Bumper to Bumper morning and evening and that is good if they want breakfast or something gas they grab and go consistency Saturday I can open morning no problem because I am not I can't sleep that night because I 24 hours I can open that morning no problem anybody have any issue with that no I don't I think seven is fine on Sunday I mean nobody else is awake we appreciate it thank you I don't think Cliffs is open until late can I ask a few questions and suggest a condition two so there was some discussion along the easterly side of the property where you've got the Hedge r or the proposed six foot HED R of a fence I think I heard the chair referred to the planning board site plan review process as maybe being a better opportunity to consider those sorts of site attributes are you requiring a fence as a condition or are you deferring to the planning board and I think this is particularly important in light of the fact that the adjacent neighbor on the opposite side is the one the only individual the only abutter that that submitted a letter in opposite to the project so the trees are going to be so I was going to revert to we always say built according to plan so I asked how tall the trees were how many so that's on the plan that's what they have to do um the fence I think could be helpful but I don't want that to inhibit the tree growth either no no just don't put it's than Cedar like really tall seeders I think like or what I think the only issue with the with the uh trees is that it takes them a while to grow and and whereas a fence is going to be a probably a better deal it'll block the lights at night until it get old depends on what kind of fence what's the fence can on more than Happ to put offence so you have to determine height of fence type of fence do you want to Stockade Fence do you want a vinyl fence that maybe looks better over time but maybe maybe you don't like the look of the vinyl fence if it's not vinyl then it has different lifespan thing I think they've got some awful nice vinyl country country style looking vinyl six foot high privacy fences today yeah the final's much better these days would you be okay with that we're good with whatever you guys propose I think it would help vinyl yeah any certain color you want to color the house next door kind of grayish is this normally a planning it is so my next point was gonna be I think we need to include some some clarifying or or conditional language so what you don't want to do is you don't want to dictate type size height color and then you go to the planning board and they dictate something different right so if the fence is important to you you can dictate approximately where it needs to be and style of fence that you're preferring but then maybe defer the specifics to the to the plan yeah so the house next door is discolor yeah okay so I I would I would want to see six feet and a vinyl type to ger right to fit with the um with the abing properties and you know obviously that property but but you're looking for something solid like a stock a fence not yeah yeah that's you want you want to block the sound I mean you know a concrete fence might even be better but that's a bit over the top so I think sorry go ahead Bill like what they put on the side of the road you know when when the neighbors don't like the road noise you know one of those things that would do the trick I guess it might be considered a spite fence who knows so a six- foot solid privacy fence color and style to be determined by the planning board along the eastern boundary and the approximate location of where the trees are sh because that's a long you don't want it all the way back to the the rear property right right so that was my first one my second one is I think it always makes sense to refer to the MH do process they they acknowledge that they need MH do permits for these accesses or I think there's a different permit that issues if you already have an existing access but usually I'd include something that says this permit is subject to the issuance of mass do permits access permits as shown in the plan if any alterations according the plan as a result of that process they've got to come back to the board right because you don't want them to change the locations because M dictates it and then it's different than okay sounds good if I might through the chair um just to clarify that it is in fact common to have that kind of language but I would add the word substantial change because it's often the case that do will say well rather than having a 25 curb Rady I have a 30 right so those types changes are considered U minor in nature and uh we want to avoid a situation of necessarily having to come back from minor changes yeah no I agree with that substantial should be in there okay um and then my only last comment is it's it's actually a requirement in your A for protection overlay District that uh in issuing approval or for special permit use that the holder of any special permit under this section must provide evidence on an annual basis that the town of Townsen is named as a loss paye on an environmental insurance policy yeah so it says that in the bylaw but I think it makes sense so that it doesn't get lost that it be incorporated as a condition okay L pay no that is there anything else that we're I totally forgot about that that's good I'm amazed we were able to get that into the by yeah it was the it was the AO for protection overlay that I wanted to make sure we really covered um okay I can't think are we ready for we ready for a motion who wants to make the motion let's see yeah go by the other one says after you grant it subject to the findings of fact the conditions built according to plan we took care of the more detrimental than existing nonconform we already did that that's the section six finding now we did um the the special permit um finding a fact we did that so now it's just actually granting the permit so we need the names all right so I make a motion to Grant the application or Grant a permit to 324 special permit to 324 Main Street Partners LLC under zoning bylaws 14518 yeah 14540 and 14565 to renovate an existing vacant gas station convenience store located at 324 Main Street map 50 Block 17 lot 0 subject to subject to the findings of findings of fact and the special conditions as listed special conditions as listed oh what was the other one oh crap some boiler PLS as well um standard and special conditions because you have some standard conditions that weate subject to standard and special conditions well yeah subject to the conditions we listed those we have those listed um oh to be built according to plan to be built according to plan I think that's in our boiler plate too but is there a second second anything any discussion we got everything all right we're good call call our names Bill okay polling of members Rob yes Vicki yes Darlene yes John yes and I'll vote Yes as well Bill cigan motion carries so um we have uh 14 days to file the uh decision uh you'll get a copy of it in the mail with the town clerk stamp showing the date of filing and um then there's a 20-day appeal period and [Music] um what you can do is go to the any appeals would have to be filed through the town clerk so you can go to the town clerk and U she will give you a letter saying that no appeals have been filed and you take that plus your um evidence of recording at the uh middle sex South registry of deeds to the building inspector and you can get your permits well I mean these days I think there's like maybe a 30-day you know laps between permit application and actually receiving it but um that's that's our process they got to go to site plan review with the planning board that now are you already like on the roster for it or we'll get it in right away and all right thank you very much great thank you board thank you for your time thank you good night Dave and Bob do we have anything else any other business we need to take care of come come forward come forward to the mic hang on a second to we let them special town meeting on the 28th of January we got I think I think that's it only correspondence she Beth has one thing to say but we can't hear her yet so now they until they do it's just treading once they file the next no we're waiting for youor that's okay that's okay iate I'm trying to give a best service in the I did before and now I am trying more thank you I am kind of retired and I pay for attention this location I have three other location but just only I go and check that we have three locations in P because two sides we are running now and one is JN pitch Highway one is uh Boulder Drive and one is Mechanic Street and when we have a new so three four location we are experienc and people especially me and my kids all they are younger and they work on the pump leave an umbrella that's M all right good luck all right so the special town meeting is J yes we have it on um January 28 2025 the war's gonna open on December 2nd and we'll close on the 18th uh the planning board is meeting Monday I know what what it what what is it uh it's a special time it's the fall time it's the same things we would have typically done in October or November but it used to be in September well we didn't have a board of we have a select board gotcha okay I don't know here Christmas it used to be September and then it became October then November yeah so so the planning board is meeting on Monday at four o'clock to discuss uh easy zoning amendments that would help permitting and smooth out the uh regulations to make it easier just sort of small tweaks easy great so now resign from all tweaks in what Beth I didn't get that position so was meeting Monday at 4 to have a board discussion on H potential amendments uh for this town meeting there are a couple of things there would be more of a housekeeping at this point because you know it's there's not a long time to draft amendments and but there is time for a public hearing to process some small amendments so the goal is perhaps some of those nagging zoning bylaw problems can be fixed easily sort of administrative and housekeeping all right anything else move move to journ Second any discussion polling of members Rob yes Vicky I want to say no just because but no yes Darlene yes John yes he still with us good he's still there I'll vote Yes all right thank you very much