 Okay, well, it's seven o'clock. So we will call this meeting to order the regularly scheduled meeting of the development review board July 21, 2020. And we are we have an application on the agenda. That being, sorry. Application to zero dash 038 radius point property LLC for a waiver. So take it away. Oh, guess where you went. Sorry. Is McFarlane. Yeah. I originally had this advertised as both radius point and look you ink, look you ink has sold their, their, their rights to this property and so they are no longer a. Okay. Yeah. Okay. We also need to swear in those that are going to give testimony. So, I just joining right now. Oh, good. All right, well, we'll go ahead. So, so the two representatives of the applicant and Tom. I assume we'll be giving testimony. So do you swear under penalty per day per jury to tell the truth and the whole truth on the matters before this board tonight on this application. I do. I do. Okay. So, I guess you can just begin by giving giving us the sort of overview and we'll walk through the criteria this as I understand it there's four criteria correct Tom. Right. And so, but first just explain what's happening. So this is Derek probably speaking. I'll give you a quick background. That's equipment and rental has been in Essex Vermont for over 30 years, well established business. And sees the need for that type of facility in the center of a lot area so has purchased two buildings at 322 industrial lane and the other address escaping both the right next to me right next to each other two buildings from the view family chip and Henry. So we purchased those closed on the property. We've been looking at the flow of the lot, basically, in and out where we will see customers. And part of our business obviously is is people returning with equipment that's been rented and the need to fuel that equipment up and charge them accordingly. So just of safety, traffic flow and efficiency. We feel that the 25 foot setback row from the property line with would essentially put those tanks right into the flow basically of everything vehicles coming in. Our employees working on rental returns. And also delivery of items to the store. So, being this being an industrial zone. I don't think that, you know, fuel tanks are really I saw, I think this would, this would definitely give us the best flow the best safety and efficiency for for the store itself. Can you tell me this is, can you tell me what is next door on the side of the tank. Sure, so I would call that to the south for better direction to the south of it is a vacant lot. And then beyond that I believe it's come up average. Okay, who owns the vacant lot. I don't know the answer to that. I do. Robert. Hold on. Robert and. You're already. Yeah. And they own several commercial properties in the town of Berlin. They were notified with this meeting. Okay. And for the record, excuse me. Building number. I think we'll be back up as 442 industrial. Thank you, Tom. So, before. Obviously we've read your what's in your application. We will. The criteria for the way, first of all, does anybody have any other questions? I do. Okay. What is the current use of the property. Previously, the property was rented by the state of Vermont. From the Laguse. It's hard to say what they were doing. Some sort of testing. In the building. A lot of lab type equipment was in there. So it's hard to say what they were actually doing. But our proposal is, is, as I said earlier, a rental business. So renting to small contractors, homeowners, someone that needs a piece of equipment for the weekend or. Any sort of rental situation. So I have a question for Tom. Is this a change of news? Paul, you may recall. In January, February. When it was still under the ownership of. They came in for a change of use on the property and was granted that by the development review. Okay. Equipment participated in that application as well. Okay. I wasn't. Present at that. That meeting. Okay. So that's good to know. And. And as far as that application, we were just looking at the use, right? I mean, did we, I'm just wondering if anything else. I'm just wondering if anything is. If what the, what that looked like in terms of the traffic flow and whatnot, and I didn't have that, that to look at. But are there major changes? Is the change simply just moving the, the lane or. So the. Let me, let me split it this way. So if we. If we. Kept the 25 foot. Setback from the property line that would put these fuel tanks into the main flow. Of traffic on the property. Okay. So by, so by asking for a 50% reduction would keep them back in the area, which is safe. For employees. Customers. And keeps it out of traffic flow of the property itself. So. So. I think we should get a drawing. Of the, of the lot. Or a photograph of a lot with where the proposed tanks. Or. Anticipated to be located. Right. Where are they now? Or they do. They do not exist now. They do not exist. Okay. And I probably was remiss in sitting that. These tanks are double wall. Cranks. And they have a lot of, a lot of, a lot of ground with all the pertinent safety devices on them. Interstitial containment of any leak. That might happen in the tank. So this is a really good, safe package that we put together. These could be diesel or gasoline. So we'll have three tanks. One will be 550 gallons. Three hundred gallons. Tanks, which will be, um, 300 gasoline and 300 kerosene. And the reason we need kerosene is in the wintertime, we read that a lot of, of heaters. Or two contractors and those require the kerosene. This is Josh. I got in here late. It's like you have a quorum. So as an alternate, I think I'll just bow out. But I won't, I missed part of the conversation here. I just want to clarify, Tom, I do see the photo that they submitted. I just wasn't, didn't have it to compare to anything that was submitted previously. I wasn't sure if there was anything that we needed to look at from that previous application, but I guess. We really don't. Okay. Um, so further questions before we just sort of walk through the criteria. Well, I have a question. Okay. Well, I have a question about just generically about, uh, storage. I seem to recall that when we proved the, um, heating oil, uh, storage facility that's there on route 12, uh, they were required to have a, uh, uh, catchment area right underneath it. That could hold, um, the contents of the largest, uh, tank that they had, uh, with the idea that, uh, in case of, uh, and actually some extra in case of rain. And then also, of course, put a cover on it. Um, I don't know. The regulations around that, honestly, but, um, I don't see anything here. And so I, I'm just going to, uh, what we did five years ago, six years ago. Does anyone have any clarification or reason why we wouldn't do that here? Um, This is Derek with ethics equipment. Yes. My interpretation is, did those folks have double walled tanks with interstitial space? I'm not sure. Okay. They did not. So I think, I think that's the difference. If you're, if you're proposing, to install a single wall tank, then you do need that catchment, um, below the tank with, with this setup with a double wall tank and any leak, it's set up. It's designed so that any leak that happens is going to go into interstitial space. And you'll be, you'll see that there is actually, um, an issue. Okay. I can confirm that that's, that's the, uh, regulatory requirements. Okay. The town here has similar type of for their, for their, some of their fuel tanks. Excellent. Thank you, Tom. Thank you, John. Okay. So waiver criteria, the proposed, the first one is the proposed land development will not alter the essential carry character of the area or district in which the property is located. I think you've spoken to that some, um, is there anything else that you'd like to add? I don't know. I don't know. I don't know. I don't know. I don't know. I don't know. I don't know. I don't know. I don't know. I don't know. I don't know. I think you've spoken to that some, um, is there anything that you wanted to add to that? Um, I don't think so. I'll just reiterate that this is a light industrial area. I believe I'm correct in saying that. And I feel like, uh, this type of business and the situation, the setup with these tanks fits into that, that criteria. Okay. Anybody have any comments or questions? I just confirmed that it is the light industrial zoning district. Okay. Number two, the proposed land development will not substantially or permanently impair the lawful use or development of adjacent property. I think it speaks for itself. I can answer any questions that anyone has on that. Anybody have questions. But we don't know what the development of the adjacent property will be. Right. Um, I'm. Okay. Again, I would go back to. Again, I would go back to the light industrial zoning. Right. What are the proximity, uh, uh, or, you know, distance requirements for tanks, uh, from say, uh, a building or structure. I see you have it. Somewhere around 50 feet away. From that structure. Right. Yeah. So this is there with us. I did meet with the buck Marshall. Um, on Monday. Monday at nine o'clock. I asked him that question and he didn't have an answer for me. Um, but when I showed him the proposed. The proposed site, he was, he was said, no problem. That's fine. So I actually measured it out. It's between 50 and 55 feet from the building, which I think is more than. And I appreciate that. I'm, I'm just thinking if we were to carry that over to the adjacent property, uh, that would force their structure. If we assume it's 50 feet and I don't know that it is. You know, you, you know, we don't have that for sure, but assuming it were 50 feet, then that would push their setback greater than 25 feet. It would have to be another 12 and a half feet. So 37 and a half feet away from that tank, assuming. I don't have that. I'm making an assumption, obviously. Sure. And that 50 or 55 foot mark is just where. It makes sense for us. Okay. That isn't that that isn't a distance that's been stated by any, any of the authorities, fire marshal, anyone else. Okay. John, I could just state that the towns. Thanks. Or, or. But up against the bill. That gives me great comfort, Tom. My sense is that there's, because it's double wall. It's, there's, there's, uh, little or no further regulation. Excellent. You're going to stay on zoom forever, John. No, no, no going back to the town hall. That's right. That's right. Thanks, Tom. Okay. Number three, the proposed land development will not be detrimental to public health safety or welfare. Anything to add to that. I would take questions. I don't see how it's possible. Any questions? No. I guess. Just ask the applicants. Is this typical to your other operations? Yes, it is. Very typical. We have actually two locations in ethics. One side of. Kellogg road is the rental side. And the other. Side is a dealership for Kubota equipment. And we have similar setups at both of those locations. Well, as long as we're talking safety, I guess that sort of relates to the, the point of, of the, uh, the waivers to, um, The direction of traffic and flow and so forth. And I'm looking at the, the direction of traffic and flow and so forth. And I'm looking at the diagram and it looks as though there, I guess there are two white lines of some kind coming from the building sort of parallel to how the tank is laid out. Can you tell me what those are? I don't have that in front of me. So. Is it a loading dock? Yes, this is Ron. But that's just equivalent. What I'm assuming there is a drop down loading dock on the far door. I'll call it the Southern door again. Um, And that's part of the reason for the setback of the change is to get them. So they sit back away from that loading dock area. That's kind of what it looked like to me. And I was thinking that it's really the loading dock that is the issue in terms of traffic flow, right? Yeah. If that loading dock were not there, it looks like traffic flow the way you've assuming that you've marked it with that sort of red and white kind of. Arrow-y pattern in there or something like that. I'm not quite sure, but it looks like. Um, it's just. First flush. Yes. The loading dock isn't as much of a concern for us. Um, as is the vehicular traffic. Coming in through that, if you will, Southern entrance would, we would see as our main entrance to. To the property. And a customer may come in, do their business and. And go out that same entrance or. Or proceed through by the other building and go out the northern entrance, I guess, if you will. So if you were, and I would assume that you were saying that when they return equipment, you refuel. So I assumed they would park next to that tank. Or is that where the refueling would be? Oh, they would. Yeah. So they would pull up. Um, if you will, if you're looking from the road at the loading dock, which is now identified. To the left of that and up near the building would be. The return unloading area. Okay. Yeah. So this is wrong with Essex again. Typically, you know, when the customer is returning equipment like that, what they do is that I'm loaded off of their trailer. And then our employees take the piece of the equipment and move it over to the fuel area. So the customers are not the ones that are doing any of the fueling. It is our employees that they handle all that. That makes sense. And then is the fueling actually, it looks as though if the equipment were right next to the fuel tank towards the interior of the property, it would block that loading dock. So I would guess you're going to refuel maybe on the. Short end of the. We expect very limited traffic to our loading dock. Most of the, any traffic flow or equipment transferred is going to be done by our own roll off truck. At this point, we will not have any outside vendors or outside trucking companies coming in and actually delivering equipment to that area. Everything will be sent out of our Essex store from our own trucks, basically. And those are we putting a roll off type trucks that they can load off the truck itself and not actually have to load off the truck itself. But obviously at some point that may change a little bit. Hence why we want to keep the tanks back away from that low end dock area. If we need that in the future. Okay. Well, I appreciate the clarification. Thank you. Sure. Okay. Anything else on this one. We'll move on to number four. The proposed land development is beneficial or necessary for the continued reasonable use of the product. I think. Well, I think we've heard. Why this is beneficial to the use of the property. But did you want to add anything? I don't have anything wrong. Do you have anything to add? No, I mean, other than the fact of, of the last thing we want to do is, hold a lot of fuel around and gas cans or diesel cans in order to support the products coming in out the door. So, yeah, having a safe way to handle our fuel is, is definitely a priority. I guess I would add one thing that I didn't mention earlier is that to these tanks, we will be pouring a concrete pad. Anchoring these, these tanks. To the pad. So it's really, it's going to be done properly. It won't be just a couple of two, three tanks sitting on the ground. So we, we realize the importance of, of the environment and, and we're doing everything as best we can to make it safe. And work for, for everyone in the situation. So Derek, assuming the waiver request is approved, you'll be following up with a separate application for the actual installation of those tanks, correct? Including that concrete. And in such. That is correct. Thank you. Okay. Does anyone have questions? On this criteria or anything else? I just want to make sure Christy has the applicant's names. Chris, did you get, get everything from them? I think I just missed Ron's last name. Yes, that's spelled. C A D. Oh, R E. T T T. Okay. Thank you. There's a duck outside my window quacking at me. Can you hear it? No. That's not a duck. That's probably saying why are you taking over his meeting? Okay. If no one has any further questions, if the applicant has provided all the information, they feel relevant. I would entertain a motion to close this hearing. This is John. Second tour. Okay. Any discussion. All in favor. Can you just say your name and I. Holly. I. Or I. John. I. Okay. So the, thank you for the information and time wise, it would be, we. What is it, Tom? 30 days or 45 days? 35 days. Okay. So you can expect something in that timeframe. Great. Thank you all very much for your time. We appreciate it. Thank you. Thank you. Bye-bye. Bye-bye. So I suppose we have to approve minutes. That true. Can't find my agenda. I didn't put any minutes on there. I want to know you did mention approval of minutes, but she didn't indicate any particular ones. But there were the Collins minutes. Christie is. Done. Right. You have the July 7th minute to approve. That Collins. That's what it is. Collins and V trans. Oh, yes. Yeah. Have you gotten. Bob's comments, Christie. I have been. And have we seen that? I know he's sent them, but have. Do we want to do this or do we want to wait till next time? Tom Bob. I was ahead of the comments. I would suggest wait for ball. Okay. That sounds good. So I guess the next thing is to go into. The motion to go into deliberative session. To go into the deliberative session. And John second. It's seven 26. So I'm going to move work out into. Our waiting room. We'll likely will not have any business coming out of here. Is that correct, Madam chair? That's correct. So work. I think you can feel free to. To. Leave this meeting. So I'm going to move work out into. Our waiting room. We'll likely will not have any business coming out of here. Is that correct, Madam chair? That's correct. So. Work. I think you can feel free to. To. Leave this meeting.