By Pattie Pacella, Neighb News Correspondent
The Acushnet Selectboard held a Public Hearing on Tuesday, February 23, to hear public comment and have discussion on the fuel storage license for Delta Realty for 35,000 gallons on 166-168 Main Street.
The application for the license is for the storage of two (2) underground fuel storage tanks, one (1) 20,000-gallon gasoline and one (1) 15,000 compartmentalized 6,000 premium gasoline and 9,000 diesel fuel. The meeting was held via Zoom.
Carolyn Parker, representing Delta Realty explained that there had been a gas station at the same location twenty something years ago and there was once a license, but the license could not be located so they were told to complete the process in its entirety to apply for a new license.
She stated the tanks would be double walled with vapor recovery and everything that is required by the regulations. The Fire Department has signed off and it is a pretty straightforward project, she said.
Chairperson Kevin Gaspar read a letter for the record from Fire Chief Kevin Gallagher saying everything is in “proper order and the Fire Department had no objection.”
Ms. Parker explained that once the tanks are in the ground the Fire Department issues a “flammable and combustible permit” and then a registration is issued by the Town Clerk.
Board member David Wojnar stated he had heard some concerns from citizens in the immediate area.
Board member, Dave Desroches stated they wer there to issue a Land Use License and hear issues only on that license. He said they should discuss other concerns through the Zoning Board of Appeals and/or the Planning Board.
Mr. Gaspar agreed that the only discussion was for the Land Use License, and they need to stay on topic. He said they should not be discussing the aesthetics of the building or anything else.
Resident Dave Davignon spoke for himself as a resident and also stated he represents an immediate abutter, Pat Liberty, who lives across the street.
Mr. Davignon stated he was not opposed to the project as the property has been an eyesore for many years. His concern was that the proposed development needed to be vetted and done properly.
Mr. Davignon asked if the land use license allows the developer to put the tanks anywhere on the property or does it have to be according to the plans.
Mr. Gaspar responded that before the Selectboard were clearly defined plans of where the tanks will be going and that the Selectboard will be approving or not approving based on the location of the tanks set forth on the plans before them.
Mr. Desroches stated what he had read from the regulations set forth in the land use license regulation is that “If the condition/capacities are changed, the process would need to start again.”
He stated he had seen two sets of plans where the tanks will be located, and they are in the same spot on both plans. He said he will be making his decision based on where the tanks are located on said set of approved Planning Board plans.
Mr. Davignon stated he felt that it was premature to approve the land use license without proper vetting. He said he believed the lack of parking on the site violates a zoning by-law and with that in mind the tanks may have to be moved.
Abutter Josh Desroches of 168 Main Street, stated he was speaking on behalf of his wife and himself, who have concerns on the location of the tanks and would not want them moved any closer to his property.
Mr. Gaspar stated they are approving the plans before them to exactly where the tanks will be going on the property. If the plans change to be closer to the property lines, he said, than yes, he would also be concerned. He said if the tanks must be moved in the future because of a site review or for any reason, the Selectboard has a right to revoke the license.
Mr. Wojnar stated he was of the opinion that the Selectboard should be the last step in the process, after Planning Board and Zoning Board of Appeals and that was why he had concerns.
Mr. Desroches explained that he spoke to Town Counsel directly and the there was no determination of who goes first in reference to ZBA or the Planning Board or the Selectboard’s determination. He said someone needs to go first and move this forward.
Mr. Wojnar stated he would be more comfortable with continuing the hearing until he could hear the input of citizens to the Planning Board and the ZBA. He said he was in support of the project but thought they may be putting the “horse before the cart”.
“If Planning Board and Zoning Board of Appeals approve then I can see us approving after those two boards. I would like to see the final, final plans before us,” Mr. Wojnar said.
Gary Hathaway, who owns Scuttlebutts in Acushnet stated he was of the opinion that the Selectboard should allow the Planning Board to do their job on the site review and then issue all the licenses.
Mr. Desroches stated he would like to “just reiterate again, we are here to discuss the storage of fuel tanks on this property,” adding he understood there were concerns of other boards, but he wanted to make sure they do not miss the mark.
Mr. Gaspar noted that it was a gas station previously and the Selectboard has every right to issue the license with any conditions they so choose.
“We can issue the license pending site plan approval,” he said.
Again, Mr. Wojnar said he thought if they continued the hearing after the site plan review, they could minimize the risk of the developer having to start over.
“I respectively request the board to vote on the land use license tonight and we are okay with any special conditions you seek necessary,” said Mickey Higgins, who owns the property, adding that he understood if the plans change significantly they will absolutely go back.
Prior to making the vote, Mr. Wojnar asked for a list of the contingencies they were considering. He said he knew pending the site review would be one of them.
Mr. Wojnar also said that he would “prefer to hold off but understands the scope we are in tonight.”
Mr. Gaspar stated the contingency would be the site plan approval. He said he understood the notion of which board would go first. He also said he shared concerns about where the tanks will go, but also that the board had plans before them that allow them to approve exactly where the tanks are going.
“Since I’ve been the lead agitator,” Mr. Wojnar said. “I’d be willing to move off the delaying with special conditions put forth.”
The Selectboard voted unanimously to approve the Land Use License for the storage of the fuel tanks contingent on a site plan review and no change to the location of the tanks per the plans submitted.
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