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[0:00]
So, welcome everybody. Um, I'm Deborah
[0:03]
Carney. I'm the chair. And our voting
[0:05]
members tonight will be Bob Smith and
[0:07]
Roger Lipton. We also have our alternate
[0:10]
uh Kristen Vivon with us. So, what we'd
[0:13]
like to do is start by reading the legal
[0:16]
notice for our hearing tonight. And let
[0:19]
me share the screen and bring that up.
[0:22]
And I will ask our administrative
[0:24]
assistant,
[0:26]
Gwen.
[0:27]
Um,
[0:29]
okay. That's very odd.
[0:34]
The host isn't allowed sharing for this
[0:36]
meeting.
[0:38]
>> Um, is that some Did I accidentally do
[0:41]
that?
[0:41]
>> I
[0:42]
>> You want me to share?
[0:43]
>> I don't know. I've never had that
[0:45]
happen.
[0:47]
>> Oh,
[0:48]
>> we absolutely need that function.
[0:51]
>> I just um I just did um multiple people,
[0:56]
I think. Um, okay. I
[1:01]
» It says multiple participants
[1:04]
can share simultaneously. I clicked on
[1:06]
>> Can you Can you Can you turn that off,
[1:09]
Gwen? So that I can
[1:11]
>> I
[1:12]
>> I'll do I Okay, now I can share. Okay,
[1:16]
>> there you go.
[1:17]
>> All right. Yes, that was very scary.
[1:19]
Okay. Okay. Um,
[1:23]
okay, Gwen, you you can read at any
[1:25]
time.
[1:27]
>> Okay. Hi, everyone. My name is Gwen. Um,
[1:31]
I am the land use assistant for the town
[1:32]
of Wheatley, and I'll be reading the
[1:34]
legal notice. So, notice is hereby given
[1:38]
that the zoning board of appeals of
[1:39]
Weightley will hold a public hearing on
[1:42]
Thursday, December 4th, 2025 at 6:00
[1:45]
p.m. Bayate Blasting, Inc., owned by
[1:47]
Denise Dennis uh Baltazar of Lello MA
[1:52]
has applied to amend an existing special
[1:54]
permit to allow for the installation of
[1:57]
a new storage silo magazine on the
[2:00]
premises located at 71 Chestnut Plane
[2:04]
Road in Wheatley pursuant to article
[2:07]
7131
[2:10]
of the Wheatley zoning accordance
[2:13]
the hearing will take place virtually
[2:15]
via Zoom the rules of the decor forum
[2:17]
for a public hearing remain in effect
[2:19]
and the chair's person will seek
[2:21]
comments from the public when
[2:23]
appropriate to do so. Application to
[2:26]
amend the special permit is to be
[2:28]
considered under under the provisions of
[2:31]
the Wheatly zoning bylaws as provided by
[2:34]
MGLC
[2:37]
4A. This notice is also published
[2:40]
electronically on the uh
[2:43]
www.recorder.com
[2:44]
public notices and ww.mmasspublic
[2:48]
notices.org.
[2:50]
>> Okay. Do you have by any chance, Gwen,
[2:52]
the dates it was published in the
[2:54]
recorder? If not, I can find it in past
[2:56]
records. If you don't, it's okay.
[2:59]
>> Um, not offh hand, but I will make sure
[3:02]
I information next time.
[3:05]
>> Okay. No, that's okay. That's fine. Um,
[3:07]
Mr. Valtazar, did you notice any errors
[3:10]
or omissions in this?
[3:12]
>> I did not. No.
[3:13]
>> Okay. I will note one, which is that
[3:16]
under um our new our most recent um
[3:20]
zoning bylaws, the special permit is now
[3:23]
under 171-37
[3:26]
uh as opposed to 171-31.
[3:30]
Um, and I also just want to read into
[3:33]
the record at the beginning that in
[3:36]
addition to asking for the installation
[3:38]
of this new silo, you are also asking to
[3:43]
increase condition A of the 2013
[3:47]
permit from nine storage magazines to no
[3:52]
restriction on the number of magazines.
[3:55]
Um although your total storage um is
[3:58]
still staying at no more than 180,000
[4:02]
pounds. So just to be clear at this
[4:06]
moment you have a permit for nine. You
[4:09]
are asking to increase
[4:12]
to 10 and also to change a condition so
[4:16]
that there is no restriction on the
[4:19]
number. Is that correct?
[4:21]
>> Uh not entirely. We're not looking to
[4:24]
increase to 10 magazines.
[4:27]
We're looking to maintain the 180,000
[4:30]
pounds. Uh instead of uh splitting them
[4:34]
up into currently it's nine different
[4:36]
magazines, we would like the ability to
[4:38]
have larger a larger magazine.
[4:41]
>> Uh so the total storage would not exceed
[4:45]
the same 180,000 lbs. We just want to be
[4:48]
able to break up the storage into
[4:50]
different sized containers, so to speak.
[4:53]
>> Right. But you're also asking for no
[4:55]
restriction on that number of containers
[4:57]
slashmagazines.
[4:59]
>> Yeah, we're we're asking that uh we
[5:02]
thought it'd be s uh simpler to just uh
[5:05]
not restrict the number of magazines and
[5:07]
keep the same total poundage.
[5:11]
>> Okay, that I understand. And I just want
[5:12]
to make that clear for the record that
[5:15]
um there was an a request for condition
[5:18]
change as well as a construction of this
[5:21]
new silo/magazine.
[5:23]
I realize that those terms are in
[5:25]
interchangeable and I just want to make
[5:26]
sure that that is how you understand it
[5:29]
as well.
[5:30]
>> Yes.
[5:31]
>> Okay. Um, and also just to mention that
[5:34]
um, we I we do thank you for the
[5:37]
detailed response to the criteria for
[5:39]
the special permit that you included,
[5:41]
but we also need to take a look at your
[5:43]
application um, in light of the fact
[5:46]
that the business is being situated in
[5:48]
the aquifer protection district. So,
[5:50]
we'll be looking at that bylaw as well.
[5:53]
So, let me stop this share. Um, at this
[5:57]
point, you know, we are you are welcome
[5:59]
to um summarize briefly if you'd like
[6:03]
your petition to the board. And if you'd
[6:05]
like, I can call it up if you want me to
[6:08]
um have you walk it through.
[6:11]
>> Yeah, I mean I was waiting our uh land
[6:14]
surveyor Rob Lev uh and associates. Uh I
[6:17]
don't see that. Are they on yet?
[6:20]
>> I don't see them. Everybody who is who
[6:24]
is in our is nobody's in our waiting
[6:27]
room. Everyone is here on the screen.
[6:29]
>> Okay. Yeah. They they prepared the
[6:30]
paperwork and and would have uh perhaps
[6:33]
more information as it relates to, you
[6:35]
know, the specific town codes and
[6:37]
bylaws. Um
[6:40]
>> Okay. Um
[6:41]
>> yeah, I'm sorry. They prepared the
[6:43]
information for us on our behalf.
[6:45]
>> Do you want to give them a call, see
[6:47]
where they are?
[6:47]
>> Yeah, let me do that right now. I
[6:49]
apologize.
[6:50]
>> Yeah. Why don't you mute yourself?
[8:14]
John, you're on.
[8:18]
>> I am here. Yes. I apologize. Um I was
[8:21]
admitted late and wasn't sure what the
[8:23]
discussion was about. I I apologize for
[8:25]
taking the time.
[8:26]
>> That's okay. Um would you like me to
[8:28]
bring up your application? I Well,
[8:31]
actually, let me stop you for one
[8:32]
moment. I'm sorry. We do have our fire
[8:35]
chief with us here. JP, are you still
[8:38]
with us?
[8:42]
Has he left?
[8:44]
Okay. I wanted to give him the
[8:46]
opportunity to ask his questions because
[8:48]
he's on a limited time. Um, but perhaps
[8:52]
he'll come back
[8:55]
so I can also text him as well. Would
[8:58]
you like me to pull up your application
[9:01]
>> if you'd like? Either that or the plan.
[9:03]
I'm not sure which is is uh better uh
[9:06]
for viewing.
[9:08]
>> Okay. Well, the plan I everything is put
[9:11]
into
[9:14]
Okay. Do you have All right. Let me just
[9:18]
Do you would you like to be made a
[9:20]
co-host and pull it up yourself? if
[9:22]
you'd like because I I did create uh in
[9:24]
the last 15 minutes a plan with a little
[9:26]
color on it that might make it a little
[9:27]
more visible to to especially on a
[9:29]
screen. So that would be if you could
[9:31]
that'd be great.
[9:32]
>> Gwen, do you want to go ahead and do
[9:34]
that?
[9:35]
>> I could do that now.
[9:36]
>> Okay.
[9:40]
» Um hold on.
[9:45]
» Gwen, are you there?
[9:49]
I just see John Kenny needs to be
[9:51]
admitted in so I just added him in.
[9:54]
>> Okay. Do you want
[9:55]
>> I was I was taking
[9:58]
Sorry.
[9:59]
>> Okay. We need We need to make um
[10:04]
Okay. I'm just John John who's on the
[10:08]
screen. We need to make him the co-host
[10:10]
so that he can share the screen.
[10:13]
>> Right. Okay. Yes, I will figure that out
[10:17]
right now. Um Make co-host. Okay.
[10:21]
>> Yes.
[10:23]
I just made him co-host.
[10:30]
» With any luck, you may be looking at my
[10:32]
screen at this point.
[10:33]
>> We are.
[10:34]
>> All right. Yes. Um
[10:37]
>> I don't know. Would would you like me I
[10:39]
don't mean to take over the meeting, but
[10:42]
would you like me to at least give a
[10:43]
brief explanation of of the plan in
[10:46]
front of you?
[10:47]
Yes, we would like you to present your
[10:49]
request to the board and then we have
[10:51]
our questions
[10:52]
>> by all means. Um,
[10:55]
by way of formal introduction, my name
[10:57]
is John Mik. I am uh uh representing uh
[11:01]
Mr. uh Dennis Baltazar, the owner of
[11:04]
Bayate Blasting. I work for Arloc
[11:07]
Associates. Uh we have prepared uh the
[11:10]
plan in front of you this evening uh on
[11:12]
the screen as well as the application
[11:14]
that uh you mentioned uh to amend an
[11:17]
existing uh special permit uh that was
[11:19]
issued to uh base 8 blasting in uh 2013
[11:23]
when they took over this site from the
[11:26]
prior uh operator who was running a
[11:28]
similar operation. Um the property is
[11:32]
approximately 40 acre parcel located on
[11:35]
the westerly side of of Chestnut Plane
[11:37]
Road. Um it's accessed through a uh
[11:40]
gravel drive through a a narrow access
[11:43]
strip. Um from the westerly side of the
[11:46]
road, it rises uh roughly from elevation
[11:49]
175 or so to the uh site of the um
[11:55]
operations, if you will, roughly uh
[11:57]
elevation 260 to 290 depending upon
[12:01]
where you are on the site. Um, they are
[12:04]
currently permitted to store, excuse me,
[12:07]
up to 180,000 pounds of explosives in a
[12:11]
total of up to nine magazines. Uh, we
[12:15]
are proposing, we're before the board
[12:17]
tonight to uh uh try and permit a an
[12:20]
additional silo to be constructed uh in
[12:23]
this area uh located uh 76 uh feet or
[12:28]
more from the uh northerly property
[12:30]
line. Um, again, we've shown uh we've
[12:34]
survey located the houses that are uh
[12:37]
within the area of concern to the
[12:41]
proposed new uh site improvements. Uh we
[12:44]
have the house at 141 uh West Bridge
[12:48]
Road located here and we have the two
[12:50]
houses on Chestnut Plane Road uh number
[12:53]
69 and number 73 with the associated
[12:57]
1515
[12:59]
foot radi uh sketched in in uh the
[13:02]
magenta colored lines and they're
[13:04]
dimensioned with the red and the again
[13:06]
the proposed uh new construction is
[13:09]
located outside all three of those radi
[13:12]
um And the uh as I said, it's it's shown
[13:17]
um located area that isn't currently uh
[13:20]
developed, if you will. But um we're
[13:23]
proposing the location in that that
[13:25]
general vicinity. Um I'm not sure if Mr.
[13:28]
Beltazar has anything further to add
[13:30]
regarding the the uh brief presentation
[13:33]
about the site, but uh I I've not had
[13:35]
opportunity to actually be on site, so
[13:38]
I'm at something of a disadvantage. But
[13:40]
um that is the uh the rough layout of of
[13:44]
the the operation and be happy to uh try
[13:47]
and answer any questions that the board
[13:49]
may have.
[13:50]
>> Okay. And thank thank you for that. I do
[13:52]
want to just ask JP are I know that
[13:55]
you're on a time constraint possibly.
[13:57]
Would you like to raise your um
[14:00]
questions now if you have to leave?
[14:05]
JP, you're muted.
[14:12]
Sorry about that. Um, yeah, I I've got
[14:15]
probably another 25 um or 30 minutes or
[14:17]
so um in the window here, so I'm doing
[14:20]
okay. But uh if you want to give me the
[14:22]
opportunity um I would have a few
[14:25]
questions um regarding the storage um at
[14:28]
the site and the proposed changes.
[14:31]
>> Um
[14:32]
I'm not really familiar with the silo
[14:35]
the proposed silo. Um I'm assuming that
[14:38]
this would be for ammonium nitrate fuel
[14:40]
oil um mix like an AN anfo or what what
[14:44]
exactly is going to be in the silo?
[14:46]
>> Yeah, it's for ANFO. Correct.
[14:49]
>> And what is the storage capacity of the
[14:51]
magazine?
[14:52]
>> Uh so this Yeah, this particular silo is
[14:56]
60,000 pounds which is about 5600
[14:59]
gallons.
[15:00]
>> Okay.
[15:02]
>> I'm sorry, how many gallons? Uh, imagine
[15:05]
a 5600 a 5,600galon tank on stilts.
[15:10]
>> Um, okay. I do have a question. When I
[15:14]
met with the fire marshall on Monday, he
[15:17]
said that these were pellets and that
[15:19]
they would not become liquefied until
[15:21]
they went to the job site. Is this
[15:23]
liquid or is it a solid?
[15:27]
>> No, this is Anfo. It's ammonium n It's
[15:29]
ammonium nitrate with fuel oil.
[15:31]
>> So, it is liquid.
[15:33]
Yes. Yeah.
[15:35]
>> Okay.
[15:36]
>> It's an emotion. Yeah.
[15:39]
>> Okay.
[15:40]
>> I think it's granular, I think, is what
[15:42]
you're my understanding, right?
[15:43]
Typically,
[15:45]
>> yes, it's it's an emulsion. So, it's it
[15:48]
>> it's an emulsion. Yes. Okay.
[15:50]
>> Um I'm sorry JP, I just wanted to get
[15:53]
that detail.
[15:54]
>> Sure. No, I understand. So, this will be
[15:56]
um in a slurry or in a dry um a dry
[16:00]
compound? It'll it'll be delivered uh
[16:03]
for as one unit. We'll be Yeah, we'll be
[16:07]
purchasing from there's a few limited
[16:09]
vendors and and they'll deliver it in
[16:11]
their trucks uh to fill the silo.
[16:13]
>> Okay. But it it just so that I'm I'm I'm
[16:16]
clear, it's not going to be um the same
[16:19]
product as we would find in a 50 lb bag.
[16:21]
It's going to be in a slurry.
[16:22]
>> Correct.
[16:23]
>> Be ready to pump out of a truck.
[16:25]
>> Correct. Yes.
[16:26]
>> Yeah. They're just uh we've decided to
[16:29]
go go with the route that there no
[16:30]
premixing that it it's it's mixed at the
[16:33]
manufacturer ahead of time.
[16:36]
>> Okay, that's in contrary to what the
[16:38]
fire marshall told me, but please go
[16:40]
ahead with your questions JP.
[16:51]
» Hello.
[16:53]
I think he said a screen freeze.
[16:56]
Okay,
[16:58]
JP, can you hear
[17:06]
gosh? Okay, who can hear me?
[17:10]
>> I can hear you. I can hear you.
[17:11]
>> Okay, so JP, where are you?
[17:14]
>> Um, I just had a um screen freeze also
[17:18]
and it kicked me out, so I had to sign
[17:20]
back in. So, just letting you know. I
[17:23]
think it's
[17:23]
>> Oh, okay. Okay.
[17:26]
It just happened to me. Okay. So, I'm
[17:28]
sure he'll come back in.
[17:32]
» Can I throw out some questions to the to
[17:35]
the presenter?
[17:37]
>> I'm sorry, Roger.
[17:39]
>> While we have this dead time, I have
[17:41]
some questions to the
[17:42]
>> Yes, please.
[17:44]
>> John, those those radi they indicate
[17:47]
1500 feet or more from the nearest
[17:50]
residences. those 15-15 foot radiuses
[17:55]
radi more are are from the nearest point
[17:58]
of the house to the uh the the locust uh construction site in question. Yes.
[18:05]
Okay.
[18:05]
>> And these the houses just to uh
[18:08]
reiterate were survey located uh you
[18:10]
know on ground survey by our crew. uh
[18:12]
most of the topography shown was
[18:14]
generated from Noah LAR but the houses
[18:17]
were in fact located uh via on the
[18:19]
ground survey as well as tying into the
[18:21]
property lines. So
[18:27]
» is do you have a rendering of this silo
[18:33]
a plan for what it looks like and how
[18:36]
it's constructed?
[18:39]
>> I do. Yes, I can. Uh, John, can I
[18:43]
forward this to you now? You can share
[18:45]
it.
[18:46]
>> Sure.
[18:49]
>> How tall is it?
[18:52]
>> Uh, it's the tank itself is about 12
[18:54]
vertical feet and it's about 8t
[18:57]
diameter.
[19:09]
I just added um JP back in.
[19:13]
>> Okay,
[19:14]
>> JP, you were lost to us. Do you want to
[19:16]
continue with your questions?
[19:18]
>> Yeah, my my profound apologies.
[19:21]
Apparently, there's a technology issue
[19:22]
here where I just got I've been kicked
[19:25]
off the second time. So, um um I think
[19:28]
it's my internet connection here. I'm on
[19:30]
my phone now. Um, so what is the height
[19:32]
of the uh of the tank?
[19:34]
>> Do we know?
[19:36]
>> 12 feet.
[19:37]
>> Yeah, the tank itself. Yeah. So, I just
[19:40]
uh sent the uh the cut sheet to John who
[19:43]
was going to share it that has a picture
[19:44]
of it.
[19:45]
>> Okay.
[19:46]
>> But yeah, 12 vertical feet and 8 foot
[19:49]
diameter on the outside.
[19:50]
>> Okay. And is there a containment dyke
[19:52]
around
[19:54]
>> said tank?
[19:55]
>> Yes.
[19:56]
>> Okay. Um
[20:00]
Is it this may sound is it on an
[20:03]
imperous surface?
[20:06]
>> It would yeah it would be we would have
[20:08]
the foundation design which would
[20:10]
probably be of some thickness or
[20:12]
strength of concrete with with or
[20:14]
without rebar.
[20:15]
>> Okay. And then in in um in winter
[20:18]
weather and in the um rainy seasons uh
[20:21]
or rainy weather um will there be a
[20:24]
provision to pump out um any water
[20:27]
that's in that containment um prior to
[20:31]
um utilizing the uh the tank?
[20:35]
>> Uh yes. Yes.
[20:38]
>> Okay. Um,
[20:41]
and I think like all magazines, um, my
[20:45]
concern would be, one of my concerns
[20:47]
would be, um, what the fire load would
[20:50]
be around the area. Um, and I think I'm
[20:53]
sure that's something that the state and
[20:55]
the the feds have asked already, but um,
[20:57]
can you just speak to that a little bit?
[20:59]
>> Yeah, I'm sorry. What was the first part
[21:01]
of the question? I
[21:01]
>> Oh, the the fire load around um the
[21:04]
magazine. Um so how far away from uh
[21:07]
brush and trees and grasses um would the
[21:09]
tank be?
[21:10]
>> Right. Yeah. So so basically based based
[21:13]
on
[21:16]
>> Hello. Yeah. B b b b b b b b b b b b b b b b b b b b based on the the distance
[21:20]
and burm that we build up will dictate
[21:22]
where the other magazines can go.
[21:25]
>> Okay. And and uh the the tree line. I'm
[21:29]
just talking about the tree line and um
[21:31]
and brush and grasses in relation to
[21:34]
this one storage silo.
[21:36]
>> Oh yeah, John, you might be able to that
[21:38]
distance is better than me
[21:40]
>> from the from the tree line. What's that
[21:42]
scale out to be?
[21:44]
>> Uh I mean we have 76 feet minimum for
[21:47]
the uh silo and it would probably be the
[21:50]
tree line as located in that vicinity
[21:52]
looks to be you know
[21:54]
>> within 10 to 15 feet of the property
[21:56]
line. So roughly 60 ft.
[21:59]
>> Okay.
[22:00]
>> As it currently exists.
[22:03]
>> All right.
[22:04]
Um Okay, that answers the basic
[22:07]
questions that I have. I'll I'll let you
[22:08]
uh go on. Thank you for that.
[22:10]
>> Um JP, I have a question for you. The fact that the petitioner is asking
[22:15]
Oh, thank thank you. I see the image
[22:17]
>> ju just popped in. I I was waiting.
[22:20]
>> Okay, everybody can see that. Um the the
[22:22]
fact that the petitioner is asking for
[22:25]
an unlimited number of magazines.
[22:28]
>> But but I'm I'm sorry. We're not we're
[22:30]
not asking for unlimited.
[22:33]
>> You don't want a fixed number.
[22:35]
>> Yeah. Because essentially if if we're
[22:37]
maxed out at 180,000 and this unit takes
[22:40]
60,000 pounds, then that means uh we
[22:43]
could only have six other magazines with
[22:46]
20,000 pounds.
[22:47]
>> Well, that's that's my question. when I
[22:50]
um it seems as though there are many
[22:53]
different kinds of magazines and I know
[22:55]
that the I know that I believe it's the
[22:57]
ATF that establishes how far apart they
[23:00]
have to be from one another. Is that
[23:01]
correct?
[23:02]
>> Right. Yes.
[23:03]
>> Okay. Um, so
[23:07]
I guess I'm I
[23:11]
So the position of those magazines
[23:14]
wherever they're going to be placed,
[23:17]
does is that something that our fire
[23:19]
chief needs to know in case of a brush
[23:22]
fire or something else up there? In
[23:24]
other words, how would anyone know where
[23:27]
those magazines are located? Is will
[23:29]
that be on a map? Will that be available
[23:31]
to all?
[23:34]
Yeah. Yeah. So, we get inspected yearly
[23:36]
by state fire marshal and and we've met
[23:39]
them on site already ahead of time to
[23:41]
make sure that everybody was on board
[23:43]
with this and and the locations and
[23:45]
capacities were all within their
[23:48]
provisions. So, we've already met with
[23:50]
them uh for this site at this location.
[23:54]
>> Okay. So, then if you know that you're
[23:56]
going to put this in with 60,000,
[24:00]
why can't you specify a number of
[24:02]
magazines? I I've under I I've come to
[24:04]
understand that some of these magazines
[24:06]
could be mobile that in other words they
[24:09]
could be in a day box on a truck.
[24:11]
>> So that's I'm just
[24:14]
>> Is that not true?
[24:16]
>> Well, no. These would not be No. So our trucks do have day boxes that
[24:21]
>> the way we work now is our trucks go
[24:23]
there when we need to pick up
[24:25]
explosives. They take them out of the
[24:27]
storage magazines and put them in their
[24:28]
day boxes on the truck to get to the job
[24:30]
site.
[24:31]
>> Okay. So why why can you not specify the
[24:35]
number of magazines and where they would
[24:38]
be located? I'm and I'm not challenging
[24:40]
that. I just don't understand it.
[24:42]
>> We just thought it'd be for we did it
[24:45]
for simplicity reasons. Uh to be honest,
[24:48]
we thought it would be easier to not
[24:50]
increase the total uh capacity of the
[24:53]
site. We felt it would be easier to just
[24:55]
say we're not looking to increase our
[24:57]
capacity. We're looking to keep it the
[24:59]
same. We're just looking to store uh
[25:02]
we're looking for each individual
[25:04]
storage unit to have different
[25:05]
capacities instead of being locked into
[25:07]
nine 20,000lb units.
[25:11]
>> Okay. So, what would a scenario look
[25:13]
like? What what what's a what's a
[25:15]
combination of magazines? What's their
[25:17]
different what what would be the most
[25:19]
and the least you could have in a
[25:20]
magazine?
[25:22]
>> Well, so it depends on the capacity and
[25:23]
size of magazine. So currently we're only approved to store 180,000 lbs
[25:29]
on this site.
[25:30]
>> That's right.
[25:31]
>> Right. And so we're not looking to
[25:33]
increase that capacity. We're just
[25:35]
looking to change how we store it. So
[25:38]
instead of limiting us to 20,000 lbs per
[25:42]
magazine and have up to 9, we would like
[25:45]
to have the ability to store a larger
[25:47]
capacity in one magazine and then
[25:50]
decrease the number of other magazines
[25:52]
we would have on the site.
[25:55]
Okay. And JP, does that present any kind
[25:58]
of an issue for you is if if you were to
[26:01]
um envision a fire situation?
[26:05]
>> Um, no. I mean, I think as long as we
[26:07]
know where the magazines
[26:09]
um individual magazine sites are um and
[26:14]
I mean conceivably there wouldn't be
[26:15]
more than if I if I'm understanding
[26:18]
correctly, we're we're probably looking
[26:22]
at a maximum of seven magazines. Is that
[26:26]
correct?
[26:27]
>> Right. Yeah. Yeah. If you take this
[26:29]
60,000 lb silo, then yes, we'd be down
[26:32]
to six additional magazines for a total
[26:34]
of seven. Okay.
[26:37]
>> Okay.
[26:38]
>> I think it would it would probably make uh make it a little bit easier for
[26:44]
people to understand if we just go with
[26:45]
the number seven. I don't know if that
[26:47]
would require an amendment to anything
[26:48]
or not, but um it just helps better
[26:51]
understand. I think there there there is
[26:53]
a concern that you know there might be
[26:56]
that the number of magazines might
[26:58]
actually increase for some reason if you
[27:00]
know if it's not limited.
[27:02]
Does that make sense to you? I I I I
[27:05]
understand what you were saying. You
[27:06]
were just trying to keep it simple, but
[27:09]
I think that's one of the concerns that
[27:10]
people may have had.
[27:12]
>> Yeah. And we're fine with that. I I
[27:14]
Yeah. Yeah. I mean, at the end of the
[27:15]
day, you know, we're we're limited to
[27:17]
the 180,000 pounds. If if we want to
[27:21]
specify the permit to be, you know,
[27:22]
seven magazines, I I'm completely fine
[27:25]
with that.
[27:26]
>> Okay. All right. That's Thank you for
[27:28]
that. Um
[27:31]
Okay. And
[27:35]
now as I mentioned, no, let me just
[27:37]
stop. Does anybody else have any
[27:38]
questions about the structure of this um
[27:42]
>> Yes.
[27:43]
>> Yeah, I have a question. So, you were
[27:45]
describing that you had a containment um
[27:48]
area, but I don't see any containment
[27:49]
area in this um
[27:51]
>> I'm I'm I'm so sorry to interrupt you.
[27:52]
Could you identify yourself for our
[27:55]
>> Roger Kennedy, 82 Chestnut Plane Road,
[27:57]
across the street from all of this?
[28:07]
Okay. And can someone answer that?
[28:11]
>> Yes. So, it's within that it it's within
[28:14]
that shell. You're seeing the outer
[28:17]
containment.
[28:19]
>> So, the containment is the is an outer
[28:21]
jacket.
[28:22]
>> Correct.
[28:23]
>> And there's an inner jacket.
[28:24]
>> Yes.
[28:27]
» Okay.
[28:29]
What's What is the What is the jacket
[28:31]
made of?
[28:32]
>> Uh I believe everything is uh carbon
[28:35]
steel.
[28:37]
Uh let's see here.
[28:39]
>> Yeah,
[28:41]
it's carbon steel.
[28:43]
>> Yes. So
[28:44]
I'm familiar with this area over here.
[28:47]
There's um the on the map that you
[28:50]
showed um because you know I've lived
[28:52]
here my whole life at least my my
[28:54]
childhood uh life and there's a lot of
[28:57]
wetlands um and marshy areas right there
[29:00]
in that location
[29:04]
right adjacent right next to where that
[29:06]
site is.
[29:09]
There's a brook that runs through it
[29:14]
and you know there there's also a lot of
[29:18]
hunting that goes on. I'll say right at
[29:21]
that right at that boundary line.
[29:27]
» Yeah, I think I would defer to John
[29:28]
right it was the plan was b all that was
[29:30]
taken into consideration. Um, I would
[29:33]
say that the topography that's shown, I see no, you know, indications by the
[29:39]
topography of of a, you know, a stream
[29:41]
or or brook course uh in that vicinity
[29:45]
or anywhere particularly close. Um,
[29:48]
>> yeah, there is right there. You'd have
[29:50]
to walk it. Uh again I with due
[29:53]
deference I I have not been to the site
[29:54]
personally but um uh I I don't believe
[29:57]
that our survey cruising you know they
[29:59]
would have presumably located any sort
[30:01]
of water course if it had been
[30:03]
encountered in the course of doing the
[30:04]
field work. So
[30:06]
>> the my name is Mike Moore. The Brooks
[30:09]
they run down to Mill River and the Mill
[30:12]
River runs into the Connecticut.
[30:16]
>> The there there is surface running water
[30:18]
on both the north side and right through
[30:20]
the center of that property that come
[30:22]
down and then cross the driveway and go
[30:24]
to the north side of our property which
[30:26]
is at the base of all of this. We are at
[30:29]
73 Chestnut Plane Road.
[30:32]
>> Yeah. that brook that comes right from
[30:34]
there goes right into my property.
[30:37]
>> Okay. That is a conservation commission
[30:41]
uh requirement then if if you're working
[30:43]
in wetlands in that way that requires a
[30:46]
hearing with them. Um
[30:50]
you're I mean I know you say your
[30:53]
surveyors would have presumably found
[30:55]
that but that needs to be um absolutely
[31:00]
documented.
[31:01]
I'm not sure that these areas have been
[31:04]
designated a wetlands, but there is a
[31:06]
lot of water up there and it's year
[31:09]
round. It is not just in the spring when
[31:12]
we have meltoff.
[31:17]
» Yes.
[31:18]
>> Okay. That's not a that's not an issue
[31:20]
for the ZBA, but I will say that any
[31:23]
permit the ZBA issues will have
[31:25]
conditions that it must have have had um
[31:30]
you know that every other town
[31:31]
requirement will have been met.
[31:35]
» Yes. Yeah. And and the grading that will
[31:38]
there's really no grading we'll be doing
[31:40]
up there to install this. It'll be a
[31:42]
flat concrete pad. So the the grading
[31:45]
isn't going to change.
[31:48]
I have another question about the uh
[31:50]
silo.
[31:52]
Um, so you're saying that if that thing fully leaks, you have that
[32:00]
all contained?
[32:01]
>> Yes.
[32:04]
>> In the jacket.
[32:06]
>> Okay. This is um th this is is this your
[32:10]
first time having a liquid an emulsion
[32:14]
since your 2013 permit?
[32:16]
Uh yes. So our our the the magazines we
[32:20]
have there aren't large enough to store
[32:22]
this.
[32:23]
>> Okay.
[32:24]
>> Yes.
[32:24]
>> Um so that is that's a different kind of
[32:27]
storage and that and as I mentioned at
[32:30]
the start of this hearing, this is
[32:32]
something we need to look at not just in
[32:34]
light of the special permit requirements
[32:36]
which your application was very thorough
[32:38]
about but also uh in light of the
[32:41]
aquifer protection bylaw dis bylaw. Um,
[32:46]
so I I see that we do have um and we'll
[32:50]
get to that. Um, um, we have Judy Marlin
[32:53]
here who is very knowledgeable about
[32:55]
that. Um, okay. If you I think you can
[33:01]
stop sharing. Does anyone have any more
[33:03]
questions about this at all?
[33:05]
>> About what? I I have a qu I don't know
[33:08]
if this is appropriate time, but um is
[33:11]
there a a process for cleanup and
[33:14]
notification to the town of any leakage
[33:17]
or spills
[33:22]
» or damage to the structure for whatever
[33:25]
reason?
[33:26]
>> Yeah. So, it'll be it'll be inspected
[33:29]
every year. Uh it'll have annual
[33:32]
maintenance, annual inspections. ATF and state fire marshall uh are on site
[33:37]
every year inspecting all our magazines.
[33:39]
So it'll it'll have annual inspections
[33:41]
and annual maintenance. Uh and then you
[33:44]
know the standard protocol would would
[33:46]
uh with any spill would would fall to
[33:49]
you know haz whopper conditions and uh
[33:51]
you know you call the authorities OSHA
[33:54]
and and whatnot. um you know any any
[33:58]
construction standard spill I would say.
[34:03]
» Okay. Um I I would just mention that um
[34:07]
it's the building inspector who actually
[34:10]
is the enforcement authority for the
[34:12]
zoning board's permits. Um and then the
[34:17]
fire marshall and ATF
[34:20]
are they overlook the explosives part of
[34:23]
this. Um,
[34:26]
so other other questions on what we've
[34:28]
seen so far from any
[34:30]
>> we have can we have the petition
[34:33]
uh or the petitioner present the the
[34:35]
full petition before we jump into the
[34:37]
questions?
[34:38]
>> Yeah. And so now I can bring that up. I
[34:42]
can share that. Um
[34:47]
» I mean I have some other questions too.
[34:49]
I don't know if it's the right time to
[34:50]
ask it about, you know, but this you
[34:52]
mentioned.
[34:53]
>> I think we'd like I think we'd like to
[34:54]
have the presentation first and then the
[34:57]
questions so we have the full flavor of
[35:00]
what's being requested here.
[35:03]
>> Okay. Do you h would you like me to keep
[35:06]
scrolling or would you like to um have
[35:08]
me go to a particular spot?
[35:13]
» Are you addressing that to me?
[35:16]
>> Yes. Whoever wants to present this. I
[35:18]
mean, I think the narrative might be the
[35:20]
most illustrative uh thing to to scroll
[35:22]
to. Again, I think I briefly explained
[35:24]
the history that it was, you know,
[35:26]
originally permitted in 1981, amended in
[35:29]
2013 when Bay State blasting took it
[35:32]
over, and I think the narrative does a a
[35:34]
reasonably uh good job of of summarizing
[35:37]
uh what what is proposed. Okay,
[35:40]
>> just getting to that. We've got quite a
[35:43]
bit
[35:48]
Okay, this is the project narrative.
[35:50]
Would you like to just paraphrase it?
[35:53]
I mean, we we know the history as you've
[35:55]
said. Um,
[35:58]
so where would you like
[36:02]
I I think you've scrolled by probably
[36:04]
the the the most um if you want to go.
[36:08]
Yeah, if starting in in the middle of
[36:10]
the uh the page there, I mean, if we can
[36:14]
just move on to the Bay State blasting
[36:16]
uh you know portion of the uh site. Um
[36:20]
you know, it speaks to the 2013 special
[36:22]
permit uh that was issued um allowing
[36:25]
the nine magazines with up to 20,000
[36:29]
pounds per magazine. Um and there were
[36:32]
some we'll call them housekeeping
[36:34]
measures to remove conditions five and
[36:36]
six. um which were approved at that
[36:40]
time.
[36:43]
» Okay.
[36:45]
So, condition five said um
[36:51]
>> we removed that condition.
[36:53]
that expansion
[36:56]
in any form will only be allowed under a
[36:59]
new special permit. So, so why are we
[37:02]
here for a new special permit?
[37:05]
We're here for an amendment to the
[37:06]
existing special permit
[37:09]
because the the
[37:10]
>> But I'm asking I'm asking the petitioner
[37:11]
though because isn't this an expansion
[37:14]
of the existing
[37:17]
permit?
[37:18]
>> I I I would argue that the we're not
[37:20]
increasing the uh volume of material on
[37:23]
site. So I I that would be my response
[37:26]
in short.
[37:27]
>> Okay. So but why do you think you need
[37:29]
an amendment?
[37:31]
Well, because it states that our
[37:34]
magazines have a maximum capacity of
[37:36]
20,000 rounds per magazine.
[37:39]
>> Okay. So, it's the it's the specific
[37:41]
increase of that one uh the big guy
[37:44]
above the 20,000 limit,
[37:46]
>> right? That that alone would trigger it.
[37:49]
Yes.
[37:49]
>> Okay. Thanks.
[37:52]
Would
[37:54]
you like to move to um your your
[38:00]
responses to our special permit
[38:02]
requests? I mean our our special permit
[38:04]
criteria.
[38:08]
» You'd like to to scroll down there. Um
[38:10]
my associate Nina Fazio has has prepared
[38:13]
this and I think the responses are are
[38:15]
succinct and and uh you know
[38:18]
>> address them.
[38:21]
Okay. So, we do the the applicant has
[38:25]
given a response to each of the special
[38:27]
permit criteria.
[38:29]
Um, and this has been on our website for
[38:33]
more than a week. Um, I don't know how
[38:37]
you if you want to walk us through it
[38:39]
again or how many pe I mean what ZBA
[38:42]
members, what do you want to do?
[38:45]
>> I'd like them to walk us through it.
[38:47]
>> Okay. Yes.
[38:53]
Um
[38:55]
a in front of you. Uh the proposed
[38:57]
project shall comply with the
[38:58]
environmental performance standards
[39:00]
specified in section 171-15 of this
[39:03]
chapter and with all other pro
[39:05]
provisions of this chapter. Um
[39:09]
the new magazine uh will comply with the
[39:11]
performance standards outlined in the
[39:13]
section of weight zoning bylaw. Um it's
[39:17]
not going to alter the uh intensity or
[39:19]
nature of the permitted use um other
[39:22]
than the larger uh silo uh that is you
[39:26]
know larger than the 20,000 uh maximum
[39:30]
that was previously permitted. Um and
[39:33]
again as we were discussing earlier the buffer distance from the uh property
[39:38]
lines and and the existing site
[39:40]
topography and and wooded nature of the
[39:42]
site we believe will uh satisfy the that
[39:47]
issue.
[39:52]
» Um next one B speaks to uh traffic
[39:56]
congestion and uh pedestrian safety. Uh
[39:59]
I'm presuming and and Mr. Beltazar can
[40:02]
certainly jump in, but I I don't think
[40:04]
that uh this is going to demonstraably
[40:07]
increase the amount of traffic uh going
[40:09]
to or from the site again without
[40:11]
significant change in in operations uh
[40:14]
proposed. Uh you know, it's going to be
[40:16]
basically the same operation just with a
[40:18]
different material coming in and exiting
[40:20]
the site. Uh um would be my my brief
[40:24]
explanation of that. Um if Dennis has
[40:27]
anything to add, feel free. No, it's there will be no change to the you
[40:32]
know to the amount of trucks coming and
[40:34]
going
[40:35]
>> and similarly uh see you know speaking
[40:38]
to uh noise, dust, fumes, gases,
[40:41]
radiation or other significant adverse
[40:44]
environmental impacts. Again I I would
[40:47]
submit that the um use is going to be
[40:50]
largely the same with similar vehicles
[40:53]
entering and exiting the site just with
[40:55]
different material being uh brought in
[40:57]
and transferred out.
[41:00]
And it also speaks in that uh to the uh
[41:03]
the proposed silo that I'm sure it meets
[41:05]
all of the you know requirements by uh
[41:08]
state and federal regulations for the
[41:09]
storage of said materials.
[41:16]
Item D um shall not increase erosion,
[41:20]
flooding or sedimentation either on site
[41:22]
or on neighboring properties consistent
[41:25]
with the Massachusetts Wetlands
[41:26]
Protection Act. Um the site uh in our
[41:31]
narrative we describe how the uh site is
[41:34]
going to be
[41:36]
silt fence uh and erosion controls will
[41:38]
be added prior to the start of any
[41:39]
construction as Mr. Beltazar noted. Uh
[41:43]
the site preparation will require
[41:45]
minimal grading. They're essentially
[41:47]
going to be putting this uh pad on on uh
[41:51]
existing grade in as much as they can.
[41:54]
Um the uh there will be obviously
[41:58]
clearing and rubbing of the of the site
[42:00]
in order to uh you know create the uh
[42:02]
pad as as to to contain the silo. But uh
[42:06]
you know it's it's not a very large uh
[42:10]
>> pad or or silo. So, you know, we're
[42:11]
probably talking about, you know, even
[42:13]
with accessing it, you know, a work area
[42:15]
of, I don't know, perhaps, you know, 40
[42:17]
to 50 feet square would be my best guess
[42:20]
to allow for grading and access to uh
[42:23]
construct same.
[42:27]
And as noted uh we are not aware of any
[42:30]
wetlands uh within jurisdiction of the
[42:33]
proposed uh you know work but uh again
[42:36]
that that is something that as noted by
[42:39]
the board we will certainly have to
[42:41]
comply with if it is an issue and fully
[42:43]
intend to do so.
[42:49]
Um item E, proposed projects shall not
[42:52]
create significant adverse impact to the
[42:54]
quality of surface water or groundwater
[42:56]
during and after construction and
[42:59]
provision shall be made for maximizing
[43:01]
groundwater recharge. Uh we are the only
[43:04]
amount of imperous area that we're
[43:06]
proposing would be the uh pad that the
[43:08]
tank sits on as noted in a prior um
[43:14]
uh number excuse me letter D. We are
[43:17]
going to be installing silt fence and
[43:19]
erosion controls um prior to any
[43:22]
construction. So we don't anticipate any
[43:25]
uh runoff from the site uh certainly not
[43:28]
uh within or onto adjoining properties.
[43:31]
And again as noted the uh with the pad
[43:34]
uh it's going to be a dimminimous uh you
[43:37]
know impact on the amount of imperous
[43:39]
area on the site. So the recharge is
[43:41]
going to be essentially what it was
[43:43]
beforehand. It's not going to change uh
[43:45]
you know virtually at all.
[43:49]
>> Okay. But but there is if if god forbid
[43:53]
this emulsion leaked
[43:55]
it it won't leak in leech into the
[43:59]
groundwater. Is that correct?
[44:00]
>> That is correct. the the silo as uh was
[44:03]
discussed and shown on that cut sheet is
[44:05]
a you know a doublewalled uh structure
[44:08]
to if if the inside were to rupture or
[44:11]
leak somehow it would be contained
[44:13]
within the outside uh um jacket if you
[44:16]
will.
[44:18]
>> Okay.
[44:22]
>> Can I can I raise one quick question
[44:24]
about the um the containment? Um, so I I
[44:28]
do understand that it's a double wall
[44:30]
tank and and it's basically to pro
[44:32]
protect against corrosion from the
[44:34]
inside um should it leak. Um, and and I
[44:38]
guess would give some measure of
[44:39]
protection from the outside from
[44:41]
penetration.
[44:42]
uh if there is a leak cuz my that's why
[44:44]
I asked the original question about a
[44:46]
containment uh dyke around the area
[44:48]
because if there is a leak in the
[44:50]
plumbing or in the valving and it is a
[44:53]
liquid
[44:56]
presumably that would go unchecked until
[44:59]
somebody returned um to the site. Is
[45:02]
that a safe assumption?
[45:10]
I I would assume that if the leak were
[45:12]
to be uh you know outside in in the
[45:14]
valve or or um you know I'm not super
[45:17]
familiar with the uh proposed uh um
[45:20]
structure but that that is probably fair
[45:22]
to say. I'm not sure if Dennis has
[45:24]
anything further to uh add.
[45:27]
Uh yeah, I mean other than redundant
[45:29]
valves um you know I the having the
[45:32]
containment and redundant valves you
[45:34]
know I think you know all the
[45:37]
precautions have been made to as is you
[45:40]
know as much as you can.
[45:41]
>> Um okay that that does raise a concern
[45:45]
for me. I mean I realize this business
[45:47]
has been in operation for 40 years. We
[45:50]
have not had
[45:52]
um a breach. But now you're proposing a
[45:56]
liquid and the the simple reality is
[46:00]
that that this is 100, you know, this is
[46:02]
60,000 lbs of the liquid that is sitting
[46:06]
on top of our aquifer. Um, so I don't
[46:09]
think
[46:11]
I think that there has to be more than
[46:13]
just two tanks
[46:16]
for safety's sake on this, but I I that
[46:18]
I'm raising that now and we can come
[46:20]
back to it when we look at the aqua for
[46:22]
protection bylaw. Um,
[46:26]
>> how often is somebody up there?
[46:30]
>> Well, it's, you know, it varies. It
[46:32]
could be multiple times a week. Uh, one
[46:34]
time a week, could be every day. So, I
[46:37]
think the fire chief's question was
[46:39]
related to whether there's a alarm
[46:40]
system or anything like that, but it
[46:42]
sounds like there's not.
[46:44]
>> Yes. So, uh that's something we could
[46:46]
look into as far as like a leak alarm.
[46:48]
All all all the magazines are armed for
[46:50]
security reasons. Uh but as far as a
[46:53]
leak detection, that's something we
[46:55]
could we could look into with our
[46:56]
security company.
[46:57]
>> What do you mean by armed?
[46:59]
>> Uh for security.
[47:02]
>> What does the word armed mean? I mean,
[47:04]
>> alarm system. It's a It's a security
[47:06]
alarm system. So,
[47:08]
>> alarmed. Okay. Armed. Alarmed. Okay. Got
[47:10]
it.
[47:10]
>> I'm sorry. Yeah. Yeah. Yeah. So, they're
[47:14]
ti They're tied into emergency response.
[47:17]
>> Um,
[47:19]
>> so the is there not liquid in the other
[47:22]
tanks now? What's in the other tanks?
[47:24]
What type of material? We don't know
[47:26]
this.
[47:26]
>> Oh, so yeah. So, the magazine So,
[47:28]
magazine is just I would say a general
[47:30]
term uh for something that holds
[47:32]
explosives. Uh they can be different
[47:34]
shape, sizes. Uh currently we have uh
[47:38]
you know uh sticks of dynamite uh which
[47:41]
is nitroglycerin. Uh whereas the
[47:44]
ammonium nitrate uh emulsion is um you
[47:47]
know compared to the nitroglycerin. It's
[47:49]
a lot less sensitive. It it it's takes a
[47:52]
lot more u energy uh to to ignite than uh uh dynamite the sticks of
[48:00]
dynamite. The other magazines have six
[48:02]
of dynamite uh lead lines, caps, and
[48:05]
boosters.
[48:06]
>> All right. So, not liquid.
[48:07]
>> Yes. No. Right. So, basically, this is
[48:09]
bulk. This would be we'd have a bulk
[48:11]
truck that would uh you know remove the emotion from the tank into
[48:17]
our bulk truck and go to a job site.
[48:20]
>> Okay. That is that's very that's very
[48:22]
new from what we approved in 2013.
[48:25]
>> Yeah. Versus Yeah. Versus
[48:27]
>> Yeah. Whereas right now we're taking
[48:29]
we're still going in with trucks and and
[48:30]
tra we're manually transporting the
[48:33]
material into the day boxes on the
[48:35]
truck. Uh here we would be transporting
[48:37]
the material into a different truck.
[48:40]
>> Yeah. I mean that was one of the um the
[48:42]
points I wanted to make because you said
[48:44]
there would be no change in the you know
[48:46]
in the traffic with the trucks or it
[48:48]
would be the same but really that's not
[48:50]
true because you're talking about
[48:51]
different trucks. you're talking about
[48:53]
pump trucks are going to be going in
[48:54]
there now that also could potentially
[48:57]
leak. I mean, you know, there's once you fill these trucks, right, and
[49:04]
assuming there's no leakage when you're
[49:06]
actually filming uh filling the truck,
[49:09]
um there is the potential that the truck
[49:11]
could leak um as it's driving down the
[49:14]
road or you know um driving from that
[49:16]
site onto the main road. Um, and it is a
[49:19]
different type of truck that is
[49:21]
generally bigger than the box trucks
[49:24]
that you guys have been using.
[49:26]
>> Yeah. Yep. Yep. It's definitely
[49:28]
>> more wear and tear on the roads and more
[49:30]
noise.
[49:33]
>> I I mean, I wouldn't say it's more noise
[49:34]
than we're going to have less pickups
[49:36]
going into the our other magazines. So,
[49:38]
I would say it'd be an offset as far as
[49:41]
activity and noise goes.
[49:44]
Well, I mean, a truck that would like
[49:45]
that size is going to have Jake brakes
[49:47]
and other engine retarders and things
[49:50]
that make noise when it goes down the
[49:51]
hill.
[49:52]
>> Do you have a picture of the truck?
[49:55]
>> I do not. No.
[49:57]
>> Are they What's comparable?
[50:01]
Uh, I mean, I would say if you, you
[50:04]
know, uh, it's, uh, some sort of, um,
[50:07]
you know, oil tanker with pumps on it
[50:11]
would be something comparable.
[50:15]
>> They're definitely bigger trucks and and
[50:18]
they make they do make more noise and they're a lot heavier.
[50:22]
>> Okay.
[50:24]
Yeah, they're all permitted by DOT and
[50:26]
we have uh you know, we're licensed to
[50:29]
travel on interstate highways and um you
[50:32]
know, we have our you know, they're all
[50:35]
licensed, inspected, and good to travel
[50:38]
on interstate roadways.
[50:40]
>> Well, they got to go down a gravel road.
[50:43]
I'm familiar with the road that goes up
[50:44]
there. Okay. It's all gravel and you
[50:47]
know so you know there would be um you
[50:50]
know an impact to that potentially to
[50:53]
the adjacent properties the neighbors
[50:55]
with uh you know whatever disruption
[50:58]
that makes with uh having the bigger
[51:00]
truck going up and down and like I said
[51:03]
it is definitely a noise
[51:05]
um increase in noise with those size
[51:08]
trucks
[51:09]
>> but with a potential leak as well.
[51:12]
>> Yeah. I mean again everything's
[51:13]
licensed. Yeah, I I mean any anything
[51:16]
can leak anywhere at any time, but you
[51:18]
know, operations still you know, we
[51:20]
still have to operate a business and you
[51:22]
know, we just feel that this usage uh
[51:24]
really isn't we're we're storing
[51:27]
explosives on the site to a maximum
[51:29]
capacity. I don't know that there was
[51:31]
really any limitations to the type of
[51:33]
material. Um
[51:36]
>> Yeah. Well, I mean, this is an aquifer
[51:39]
as was mentioned before for the whole
[51:41]
town.
[51:42]
>> Mhm. Yeah. Yeah. No, we're aware of
[51:44]
that.
[51:44]
>> Are these your trucks or that you
[51:46]
license them from or you rent them from
[51:48]
third parties?
[51:50]
>> So, no, we would we would be purchasing
[51:52]
a truck. It'd be our truck.
[51:55]
>> Okay.
[51:55]
>> So,
[51:56]
>> we we would have one truck that we
[51:58]
purchased
[51:59]
>> and go from the property to job sites.
[52:03]
So, for your uh you re you had a another
[52:07]
project last year and uh I bought a
[52:10]
decibel meter and your trucks passing by
[52:13]
our house. We're reaching about 50 which
[52:18]
is the about the limit. So,
[52:22]
this whole area is zoned residential
[52:26]
agricultural. It's not even zoned as
[52:29]
commercial. And a lot of the work and
[52:31]
things that go on are commercial and
[52:35]
that doesn't seem to be changing. But
[52:37]
this adding the large additional larger
[52:40]
trucks coming in and out does not sound
[52:42]
like it's going to have no impact on
[52:44]
what's going on. And it's it's
[52:51]
just kind of beyond what's been expected
[52:54]
in what had been there for a lot of
[52:57]
years, which had not been problematic at
[53:00]
that point.
[53:02]
>> Okay. Let's let's let them finish.
[53:07]
>> Okay.
[53:08]
special per and I'm noting everything
[53:10]
you're saying about the changes
[53:13]
um to
[53:15]
>> Can I ask one question though Deborah
[53:17]
that's on this topic?
[53:18]
>> Sure.
[53:19]
>> So Dennis uh I believe that you uh your
[53:24]
company has other facilities in other
[53:26]
locations.
[53:28]
Is that correct?
[53:28]
>> Uh no we don't.
[53:31]
>> Oh this is the only facility.
[53:32]
>> Yes.
[53:33]
>> All right then I don't have any other
[53:35]
questions.
[53:36]
Okay.
[53:42]
So, I think you're on F.
[53:45]
>> Um, sure. Um, resuming the, um, items
[53:50]
here. Uh, project shall be compatible
[53:53]
with existing uses and other uses
[53:55]
allowed by Wright in the district and
[53:56]
shall be designed to be compatible with
[53:58]
the character and scale of the
[54:00]
neighboring properties. Um, as was just
[54:03]
alluded to, um, this, uh, operation is,
[54:07]
uh, you know, it's it's we'll say
[54:10]
grandfathered. Um, it's a pre-existing
[54:12]
nonconforming use at this point under
[54:14]
the Weightley zoning bylaw. Um as we
[54:17]
have just been discussing also recently
[54:20]
um we certainly are of the opinion that
[54:23]
the notwithstanding the size of the
[54:26]
vehicles that the amount of of traffic
[54:28]
and uh you know vehicles entering and
[54:30]
exiting the site is going to be
[54:32]
essentially the same as uh is currently
[54:36]
going on. That there's going to be you
[54:38]
know virtually no change in in the
[54:40]
operation of the site or or or minimal
[54:43]
at best. And it's also um again as noted
[54:47]
in further down in there, it's it's uh the site of operations is located
[54:53]
well over a thousand ft from any of the
[54:55]
existing residences and it's shielded by
[54:58]
uh uh the wooded nature of the site.
[55:04]
Like I will move on to G.
[55:07]
The design of the project shall minimize
[55:09]
the visibility of visually degrading
[55:11]
elements and protect the neighboring
[55:13]
properties from potentially detrimental
[55:15]
or offensive uses through the use of
[55:17]
screening or vegetated buffer zones. As
[55:20]
noted in the prior response, the uh
[55:22]
distance from the existing residences
[55:25]
and the wooded nature of the site uh is
[55:28]
going to preclude probably anybody being
[55:30]
able to see uh the proposed new silo.
[55:37]
Okay.
[55:49]
» H. The design of the project shall
[55:51]
minimize earth removal and the volume of
[55:53]
cut and fill. Any grade change shall be
[55:55]
in keeping with the general appearance
[55:57]
of the neighborhood. Again, as I noted
[56:00]
in one of the uh well earlier, um there
[56:04]
is not going to be uh significant
[56:07]
grading of the site. We're going to try
[56:09]
and set the uh pad for the silo um as
[56:13]
close as we can to existing grade. There
[56:16]
will be minimal uh grading around it to
[56:19]
allow for a level uh structure, but u
[56:22]
we're not going to do any significant
[56:24]
cuts or fills anywhere on the site. and
[56:26]
any materials will be I'm sure
[56:28]
maintained on the site and not trucked
[56:30]
off and no material will be brought in
[56:32]
to construct the new um silo and pad.
[56:38]
» Okay.
[56:42]
» I the removal of existing trees and
[56:44]
vegetation shall be minimized. If
[56:46]
established trees are to be removed,
[56:47]
special attention shall be given to the
[56:49]
planting of replacement trees. Um, as
[56:53]
was noted when we were looking at the
[56:54]
site plan, uh, the area in question is,
[56:58]
uh, the tree line is, uh, to the north
[57:01]
of it. So, I'm sure there's likely some
[57:03]
vegetation there that will have to be
[57:05]
cleared and grubbed, but um, again, the
[57:08]
site is is well, uh, wooded as I
[57:10]
understand it. And, uh, you know, there
[57:13]
will be obviously we have to maintain
[57:15]
some clear area around the uh, the silo
[57:19]
and pad. Um but uh as as far as the uh
[57:25]
vegetation and buffer zone associated
[57:28]
with it, again I think the site is uh uh
[57:30]
well established as as a you know a
[57:33]
wooded area. So
[57:37]
>> okay,
[57:38]
>> I'll move on to J. The design of the
[57:40]
project shall provide for adequate
[57:42]
methods for disposal of sewage, refuse,
[57:44]
or other waste generated by the proposed
[57:46]
use. Um
[57:51]
we are not propo I mean other than uh
[57:53]
during construction you know the the
[57:55]
silo will be you know accepting uh
[57:58]
deliveries on a regular basis and and
[58:00]
you know will be uh trucked out in in
[58:03]
stages on on the vehicles to uh you know
[58:06]
the various work sites in question. Um,
[58:09]
you know, as far as any other operations
[58:11]
on the site, they are not going to be
[58:13]
impacted uh in any significant manner by
[58:16]
the proposed new uh silo.
[58:19]
>> Is that silo brand new or is it in use
[58:21]
elsewhere?
[58:26]
» You're muted.
[58:28]
>> I'm sorry. Yeah. Uh yeah, it's a used
[58:30]
silo that we're buying from one of our
[58:32]
uh distributors.
[58:35]
>> Do you know how old it is?
[58:37]
Uh I I don't
[58:43]
» and if that's no further questions, I'll
[58:47]
move on to item K. The proposed use will
[58:50]
not overload the capacity of public
[58:52]
facilities such as water and sewer
[58:53]
systems, storm drainage schools, and
[58:55]
refuge disposal facilities. As noted in
[58:58]
the prior couple of responses, uh this
[59:01]
should have a dimminimous effect on the
[59:04]
operation of the site and it should not
[59:06]
significantly alter the way it's
[59:07]
currently running. Um non non-issue as
[59:10]
far as I I would uh as far as I can see.
[59:16]
>> Okay. So, that is the response to the
[59:19]
special permit and we've heard some
[59:21]
challenges to
[59:24]
um
[59:26]
your responses. I maintain my biggest
[59:29]
concern remains the fact that there is
[59:31]
liquid that could leak into the town's
[59:34]
aquifers.
[59:35]
Now, with that,
[59:37]
>> Deborah, Deborah, can I just interrupt?
[59:38]
And it didn't really make me feel good
[59:41]
to have Mr. Balthazar say that anything
[59:43]
can leak.
[59:44]
>> Yes. Yes.
[59:44]
>> And it doesn't make me feel good um that
[59:47]
it's a used container.
[59:49]
>> No,
[59:50]
>> I I'm sure it's certified and all that,
[59:52]
but those things don't make me feel
[59:54]
good. I wonder if there was as much as
[59:56]
60,000 lbs of material that went into
[1:00:00]
the upper aquifer of the eastern part of
[1:00:03]
town to pollute it forever. Um this is
[1:00:06]
just something that I can't
[1:00:09]
that sits on our water.
[1:00:12]
>> Yes, it does. And we can't minimize
[1:00:16]
uh how careful this has to be done. I've
[1:00:20]
watched trucks load and unload material
[1:00:22]
before. There's always stuff that
[1:00:24]
spills.
[1:00:26]
>> Yeah.
[1:00:26]
>> I don't I I don't want I don't want it
[1:00:28]
to be minimized. I I want answers to
[1:00:30]
these questions about how we're going to
[1:00:32]
be careful if if this gets granted, how
[1:00:35]
we're going to be careful about all this
[1:00:37]
on our water supply.
[1:00:39]
>> No. And and I I could not agree more.
[1:00:42]
and not just how if it's possible to be
[1:00:45]
as careful as we need to.
[1:00:47]
>> Yeah. And I and I and I I'm sorry. Yeah.
[1:00:49]
I don't mean to minimize it. Um uh by
[1:00:52]
any means. I mean, we're in the business
[1:00:54]
of of not having issues, not having
[1:00:56]
mistakes because they cost money. Uh but
[1:00:58]
you know, it we do have a second
[1:01:00]
containment. there's redundant valves
[1:01:02]
and we would be open to discussing
[1:01:05]
perhaps a third measure of containment
[1:01:08]
if if if
[1:01:10]
that would make everybody more
[1:01:11]
comfortable. I I think at the very least
[1:01:13]
we need to see a much more detailed
[1:01:16]
safety plan and and that is not that's
[1:01:20]
please don't and again I'm aware that
[1:01:22]
your business is that this this use has
[1:01:25]
been in our town for decades
[1:01:28]
and no one is against it per se but this
[1:01:32]
is a significant change to the 2013
[1:01:36]
permit where we now have a liquid
[1:01:37]
emulsion sitting right on top of the
[1:01:40]
aquifer.
[1:01:42]
And so that is why after going through
[1:01:44]
the special permit issue, um, and this
[1:01:47]
does not discount the noise and the
[1:01:49]
trucks and and those things that could
[1:01:51]
make a difference in that area. Um, but
[1:01:56]
I, you know, as Bob mentioned, this
[1:01:58]
would be beyond catastrophic for this
[1:02:01]
town. You know, this this would not this
[1:02:04]
would be the water supply. I mean, I
[1:02:07]
don't know how familiar folks are with
[1:02:09]
what Weightley went through in the 80s.
[1:02:12]
We're losing all of its water supply in
[1:02:14]
the east. So, that is not something we
[1:02:16]
can we can sanction or or take lightly
[1:02:19]
again, which is So, at this point, I I
[1:02:23]
can stop the share and I have brought up
[1:02:28]
uh for another possible share the aquaer
[1:02:32]
protection.
[1:02:34]
Um,
[1:02:40]
okay.
[1:02:42]
At this point, I don't uh Judy Marklin is here who has
[1:02:48]
done a lot of work with the aquifer and
[1:02:50]
she did send a letter to our board with
[1:02:54]
her concerns. Judy, do you want to speak
[1:02:57]
to that before I show this or do you
[1:03:00]
want me to read your letter or?
[1:03:03]
>> Well, I think many of my concerns have
[1:03:05]
been addressed already, but I didn't
[1:03:08]
want to and I should point out that both
[1:03:11]
Brandt and Tom Litwin, Tom was one of
[1:03:13]
the original authors of
[1:03:15]
>> Yes.
[1:03:16]
>> and they are they're probably each
[1:03:18]
better equipped to deal with it than I.
[1:03:21]
But I did want to point out that the
[1:03:24]
aquifer protection district has its own
[1:03:26]
requirements for special permit
[1:03:28]
application which have not been
[1:03:30]
addressed.
[1:03:32]
>> And I have those to share.
[1:03:34]
>> They are lengthy.
[1:03:36]
>> Yes.
[1:03:36]
>> And and I suspect it would involve
[1:03:40]
another you know asking the applicants
[1:03:42]
to address those and come back.
[1:03:45]
>> But is there a map? Is there a map? Is
[1:03:47]
there a map that shows us clearly that
[1:03:50]
we are over the aquifer in this
[1:03:51]
location?
[1:03:52]
>> Yes, there is. Hang on. I'm gonna I'm
[1:03:55]
not I may have
[1:03:56]
>> It was It was in the application. It's zone two, which is the immediate
[1:04:03]
» in their site
[1:04:08]
» in their zoning site, they address zone
[1:04:10]
two and zone three.
[1:04:11]
>> Yep, they do. I think it was toward
[1:04:16]
>> it's in a separate on the line. It was
[1:04:17]
in a separate attached separate link.
[1:04:21]
>> Okay. I thought we had put it into this
[1:04:23]
one. If not, I can go out and get it. Um
[1:04:27]
just bear with me.
[1:04:31]
Okay. I'm going to need to
[1:04:35]
um hang on a second.
[1:04:38]
Stop the share.
[1:04:42]
Okay, hang on. Hang on, hang on, hang
[1:04:44]
on.
[1:04:45]
>> The joys of technology.
[1:04:47]
>> I know.
[1:04:50]
Okay.
[1:04:53]
There's only so much my screen can hold
[1:04:55]
if I load it up in advance.
[1:04:59]
Okay.
[1:05:16]
that might not be it. Okay,
[1:05:29]
let me see.
[1:05:31]
I can share this.
[1:05:38]
Okay.
[1:05:43]
I think we did see this though.
[1:05:47]
Let me see if I can make it a little
[1:05:48]
bigger.
[1:05:49]
>> No, there's there's another one in
[1:05:51]
color.
[1:05:52]
>> Okay.
[1:05:53]
>> And I don't think it's
[1:05:56]
>> I believe the map you're looking for is
[1:05:58]
included in our our application. Um
[1:06:01]
>> I thought that
[1:06:02]
>> section 4 locus but just beyond what we
[1:06:05]
were going through actually.
[1:06:07]
>> Okay.
[1:06:09]
I had thought that it was and it's
[1:06:12]
beyond these old permits, right?
[1:06:14]
>> Well beyond. Yes.
[1:06:15]
>> I think it's at the back.
[1:06:17]
>> Yeah. Section four.
[1:06:19]
>> There it is. Yes. Yep.
[1:06:20]
>> Okay.
[1:06:22]
So, where Sorry, folks. You see
[1:06:25]
where it says zone two and zone three?
[1:06:28]
Those are the aquifer protection
[1:06:30]
districts. So zone 2 and there's some
[1:06:35]
zone three in here as well. So it's
[1:06:38]
sitting right there. Zone two is the one
[1:06:41]
that flows immediately into the well area,
[1:06:47]
>> right?
[1:06:48]
>> Zone three flows into zone two.
[1:06:51]
And the prohibitions and the the use
[1:06:55]
restrictions for each are similar.
[1:06:58]
And so on on that note, and Brandt and
[1:07:02]
Tom by all means jump in this, I had
[1:07:07]
pulled up a few pages
[1:07:10]
from the aquaer protection.
[1:07:14]
And so you can see that, let me just
[1:07:18]
make this a little okay. And the
[1:07:22]
bolding, the bolding here is mine. These
[1:07:24]
are the prohibited uses.
[1:07:27]
And
[1:07:28]
so the storage of liquid hazard
[1:07:30]
materials and or liquid petroleum unless
[1:07:33]
the storage is
[1:07:36]
um and so it has all the
[1:07:40]
um requirements. So I I would say but
[1:07:43]
it's these are substantial.
[1:07:46]
Um and I I genuinely believe that given
[1:07:51]
this change it should that Judy is right
[1:07:53]
that this should have been addressed in
[1:07:55]
the application.
[1:07:57]
>> Okay. And if you go down to sections G
[1:07:59]
and H there's actually a whole separate
[1:08:02]
special permit
[1:08:04]
application. Um,
[1:08:06]
>> G&H
[1:08:09]
E F I didn't even bring up G&H, Judy. I
[1:08:12]
just
[1:08:12]
>> Okay. Well, that's fine because
[1:08:14]
>> Yeah, it's it's it's very lengthy. It's
[1:08:16]
in our It's in I can show you where it
[1:08:18]
is. I can share one more thing. Um, let
[1:08:22]
me grab it.
[1:08:26]
>> I realized that this was liquid storage.
[1:08:28]
I would have I hadn't assumed that.
[1:08:32]
Well, frankly, on Monday when I met with
[1:08:34]
the fire marshal, he said that it was
[1:08:36]
not, which is why I would not have um um
[1:08:40]
I would not have waited until this
[1:08:42]
moment to tell this to the applicants.
[1:08:44]
Um I appreciate the fact that you were
[1:08:46]
very honest about it.
[1:08:47]
>> Well, and just to clarify, I mean, it
[1:08:49]
it's it it it's it's not a true liquid
[1:08:53]
in the sense of a free flowing liquid. I
[1:08:55]
mean, it it it it's a it's a mixture
[1:08:57]
that um you know, it it's more cleaned
[1:09:01]
up, you know, with a shovel in a bucket
[1:09:04]
than than leaking. Um
[1:09:06]
>> yes, but it's an emulsion which is
[1:09:08]
liquid.
[1:09:09]
>> See, I don't know that for a fact.
[1:09:11]
That's a scientific point. I don't know
[1:09:13]
the distinction scientifically.
[1:09:16]
And
[1:09:17]
>> I think that's something we can look
[1:09:18]
into.
[1:09:19]
>> And I think we need to know that. Um
[1:09:22]
because why would the why would the fire
[1:09:23]
marshall say it's not a liquid?
[1:09:26]
>> He said that it was pellets and that it
[1:09:28]
was moved as a pellet to the job site
[1:09:31]
and there it became liquefied.
[1:09:33]
>> Why would he think that?
[1:09:35]
>> I don't know. I do not know. I mean
[1:09:37]
>> I'm not asking you per se, but I mean
[1:09:39]
>> because the material, you know, in the
[1:09:41]
business how we call it bulk liquid,
[1:09:44]
right? So, it's perhaps that term that I
[1:09:47]
use on a regular basis is not the right
[1:09:50]
scientific term. Uh, it it it it's not
[1:09:54]
your typical liquid that that spills out
[1:09:57]
and and flows like water. It's more of a
[1:10:00]
u you know, like I said, it's uh it's picked up with buckets or or
[1:10:04]
shovels uh more so than free flowing
[1:10:09]
it. So, I I apologize if if that term
[1:10:12]
threw everybody off. Well, I I still
[1:10:14]
think I mean the zoning bylaws are
[1:10:17]
available on the town website, the most
[1:10:19]
updated one and you will be able to see
[1:10:26]
um
[1:10:29]
okay, I guess it didn't bring them all
[1:10:31]
up. Um
[1:10:35]
you will be able to find the aquifer
[1:10:37]
protection. It's its own section.
[1:10:40]
And
[1:10:42]
I think that
[1:10:44]
um I I Well, first of all, do do people
[1:10:48]
have other comments or questions?
[1:10:50]
>> Um are the Yeah, I'm sorry. I do. Um are
[1:10:54]
the uh trucks stored overnight with the chemicals in it?
[1:11:01]
>> No, the trucks would not be.
[1:11:04]
So when they are finished at the end of
[1:11:06]
their project, if the product hasn't
[1:11:09]
been completely used on the job, it gets
[1:11:11]
repumped back into the silo.
[1:11:14]
>> It it the product will all be used on
[1:11:16]
the job. Yeah.
[1:11:17]
>> Every time.
[1:11:18]
>> Yeah.
[1:11:20]
>> Now, if it does get in the ground, will
[1:11:22]
it melt, be absorbed?
[1:11:26]
>> Uh, no. Like I said, you know, it's it's
[1:11:28]
not a true liquid where you think of
[1:11:29]
water running out of a faucet. It's not
[1:11:31]
going to run like water. It it's a very
[1:11:33]
thick and and uh easier to pick up with
[1:11:36]
a shovel.
[1:11:40]
» Yeah. But it has to be pumped. I mean,
[1:11:43]
it's a liquid. If it's pumped and you
[1:11:47]
know, and if it's spilled and it rains,
[1:11:50]
it's going to become very liquid.
[1:11:53]
You know, it's like a, you know, I'm
[1:11:55]
familiar with explosives. I've worked on
[1:11:57]
job sites before. It's like a u it's you
[1:12:01]
know it's kind of like mud. It's that's
[1:12:04]
what it's like.
[1:12:07]
>> Yeah. So again you know we can discuss
[1:12:10]
uh uh you know some sort of uh
[1:12:12]
containment area uh you know uh some
[1:12:14]
sort of a trench around it that can you
[1:12:16]
know hold that capacity that would make everybody feel better.
[1:12:22]
Well, I think and I'm just one board
[1:12:24]
member and we haven't voted on anything,
[1:12:26]
but I I think where we're heading is
[1:12:29]
that this meeting needs to be a
[1:12:33]
continued.
[1:12:34]
>> Yes. be that the petitioner the burden's
[1:12:37]
on the petitioner to come in with a
[1:12:40]
scientific report and may not be maybe
[1:12:42]
beyond the scope of expertise of MVC and
[1:12:46]
associates with a scientific report from
[1:12:48]
someone with uh credentialed expertise
[1:12:52]
that will tell us a is it a liquid is it
[1:12:55]
not a liquid what's the difference what
[1:12:57]
is an emulsion what happens if an
[1:12:59]
emulsion spills into the ground and if
[1:13:02]
that spill is over an aquifer And until
[1:13:04]
all those points are addressed, it's
[1:13:07]
premature for this board to have a vote.
[1:13:09]
And further, even once we see that
[1:13:11]
report, we as a board have a right to
[1:13:14]
refer out to a um third party expert uh
[1:13:18]
of our own choice that would be paid for
[1:13:20]
by the petitioner who would evaluate the
[1:13:22]
report of that um that scientist. But
[1:13:24]
it's it's and further that the um the
[1:13:29]
presentation be amended to address all
[1:13:31]
the points in the aquifer protection
[1:13:33]
overlay district. Um
[1:13:37]
>> thank you Roger. Yes. Um
[1:13:39]
>> we need we need some science here not
[1:13:42]
just um the good faith effort of your presentation team to tell us what
[1:13:47]
you think it it might be but we need we
[1:13:49]
need some expertise.
[1:13:56]
Bob, Kristen,
[1:13:58]
>> agree 100% with Roger.
[1:14:00]
>> Yeah.
[1:14:02]
>> Okay.
[1:14:03]
>> I want to fully understand this.
[1:14:05]
>> Yep.
[1:14:06]
>> Yeah, that's our problem. We don't fully
[1:14:08]
understand it.
[1:14:09]
>> Yeah.
[1:14:09]
>> We just lay people here.
[1:14:11]
>> No, no problem. Yeah, we can we can get
[1:14:13]
an expert opinion. That's that's not a
[1:14:15]
problem. And
[1:14:18]
>> Okay. and to address the uh act of
[1:14:21]
protection bylaw that you'll find in the
[1:14:22]
zoning zoning bylaw uh the zoning our
[1:14:25]
zoning bylaws and you might as well also
[1:14:29]
think about additional safety measures.
[1:14:32]
Um you had talked about a leak alarm in
[1:14:34]
addition to uh multiple layers of
[1:14:37]
containment
[1:14:39]
um just so that all bases are covered so
[1:14:42]
that we have as much information as we
[1:14:43]
need to make our decision.
[1:14:46]
Um, we can continue this into into our
[1:14:49]
next hearing in January. Um, if that
[1:14:51]
doesn't give you enough time, we can
[1:14:54]
continue it beyond that. We're happy to
[1:14:56]
accommodate your time schedule so that
[1:14:58]
we get this information.
[1:15:00]
>> Yeah. John, do you think that's enough
[1:15:01]
time on your end?
[1:15:03]
>> I would like to uh yeah, ask for a
[1:15:06]
continuence to your next scheduled
[1:15:07]
meeting in January. I think we can
[1:15:09]
likely address the concerns in that
[1:15:11]
amount of time.
[1:15:12]
>> Okay, let me just grab a calendar.
[1:15:14]
January 8th.
[1:15:15]
>> January 8th. Thank you, Bob.
[1:15:18]
>> Um,
[1:15:21]
>> one last question. I also wanted to just
[1:15:23]
double check. Is this going to be
[1:15:25]
something that is only going to be
[1:15:27]
accessible by Bayate Blasting or are
[1:15:29]
there going to be other vendors in there
[1:15:31]
to use this on other job sites?
[1:15:34]
>> No, we're not selling the product to
[1:15:36]
anybody. It's just for our own use.
[1:15:38]
>> Okay.
[1:15:40]
Does that answer everybody's questions
[1:15:42]
before we um have a motion to continue
[1:15:46]
this hearing?
[1:15:49]
» I would be com more comfortable if there
[1:15:52]
were more details on the silo itself or
[1:15:56]
you know a cut sheet um some detailing
[1:15:59]
on the double
[1:16:01]
>> Yep.
[1:16:02]
and any information on safety um recognition or designations
[1:16:10]
for the silo.
[1:16:12]
>> Okay. You you might also want to use
[1:16:14]
this time as well just to make
[1:16:16]
absolutely sure that you don't need
[1:16:18]
conservation commission
[1:16:20]
um hearing on that and um and you can
[1:16:24]
reach out to their chair um they're on
[1:16:26]
our our town's website as well to see
[1:16:28]
what you'd need to do for that.
[1:16:30]
>> Sure. We have we have staff members on
[1:16:32]
site who are
[1:16:33]
>> wetland scientists who can inspect uh
[1:16:36]
prior to the next meeting certainly.
[1:16:38]
>> Okay.
[1:16:39]
>> My question is why wouldn't we have
[1:16:41]
needed that back in 2013? I mean why
[1:16:43]
would the wetland suddenly reappear or suddenly appear um to
[1:16:47]
>> I don't know.
[1:16:48]
>> It's a new site.
[1:16:50]
I mean it's away from some of the other
[1:16:53]
magazines.
[1:16:54]
>> Oh, how far is it away?
[1:16:56]
Well, it's actually we're going to have
[1:16:58]
to move some magazines because it's it's
[1:17:00]
going to take the place of uh
[1:17:02]
>> I'm sorry
[1:17:03]
>> where we currently are.
[1:17:04]
>> I'm sorry.
[1:17:07]
>> Yeah. So, it's it's it's not in a new
[1:17:10]
location. We have magazines there
[1:17:11]
already.
[1:17:17]
» Okay. So, do I have a motion to continue
[1:17:20]
this hearing?
[1:17:21]
>> Yeah. Could I ask for one more thing?
[1:17:23]
So, since there seems to be some
[1:17:25]
confusion here, because what I saw on
[1:17:27]
the map that they showed is is something
[1:17:29]
um different than what I'm, you know,
[1:17:31]
kind of hearing now. So, how about if
[1:17:33]
you brought some pictures? Um, and then
[1:17:35]
also maybe you could give us a a walk
[1:17:38]
through of the area so that you know
[1:17:41]
people can actually see for themselves
[1:17:43]
what I'm talking about when I say that,
[1:17:45]
you know, there's um, you know, there's
[1:17:47]
a marsh wet area over there and where
[1:17:49]
the brook is because it seems like the
[1:17:51]
person that did the map there wasn't
[1:17:53]
even never even been on the site
[1:17:55]
himself.
[1:17:56]
So I think it would be helpful to have
[1:17:58]
some pictures of what that landscape is
[1:18:01]
immediately around that area
[1:18:03]
>> and the truck delivery trucks.
[1:18:07]
>> Picture of the type of truck. Sure.
[1:18:11]
>> And delivery.
[1:18:15]
» Oh. Is the delivery truck different than
[1:18:16]
the type that takes it out?
[1:18:19]
Uh uh no.
[1:18:28]
One last I've got one last thing, too.
[1:18:30]
Um, what time are the deliveries going
[1:18:33]
to be coming in and out
[1:18:36]
>> for resupplying the silo if it granted
[1:18:40]
>> because right now you all come in and
[1:18:42]
out anywhere between two and you know 6
[1:18:46]
in the morning.
[1:18:49]
>> Yeah, that time would be based on their
[1:18:51]
availability. I I don't we don't have
[1:18:53]
set times that we it we'd be reaching
[1:18:56]
out to our vendors to see when they're
[1:18:58]
available.
[1:19:00]
>> Okay.
[1:19:03]
» Anything else?
[1:19:06]
» I move to continue to the January 8th
[1:19:09]
hearing date. Second.
[1:19:12]
>> Okay. And I So, and now can I have a
[1:19:15]
motion to vote on it?
[1:19:17]
>> So moved.
[1:19:19]
I too move to continue until January.
[1:19:22]
Our January hearing.
[1:19:24]
Uh, Roger, you're voting.
[1:19:26]
>> Yes, I vote fail.
[1:19:28]
>> Okay. Um, okay. So, we will reconvene.
[1:19:31]
You can continue to send information um
[1:19:34]
to our ZBA um mailing address and we
[1:19:38]
will post this um and an agenda for our
[1:19:42]
January hearing.
[1:19:44]
>> Okay. Very good. Thank you for your
[1:19:46]
time.
[1:19:47]
>> Thank you. Thank you. and ZBA members
[1:19:49]
stay. We have minutes to approve.
[1:19:51]
>> All right. Thank you.
[1:19:52]
>> Thank you. Thank you all.
[1:19:54]
>> Good night.
[1:20:02]
» Okay. Um I'm going to
[1:20:05]
I believe I pulled up these minutes.
[1:20:09]
>> Can I ask for like a twominut recess?
[1:20:13]
>> Yes. And I can go find the minutes we
[1:20:14]
need to approve. Thank you. Okay.
[1:20:21]
>> Mute myself here.
[1:20:25]
>> Oh, where are those minutes? Okay,
[1:20:30]
I will return
[1:20:35]
all the tips. Oops. Okay.
[1:21:09]
» Hi, I just want to get clarification. Is
[1:21:12]
it January 4th that we all agreed on or
[1:21:15]
they agreed on?
[1:21:17]
>> Uh, is it January 8th?
[1:21:20]
>> It's January 8th.
[1:21:22]
Yeah, January 8th.
[1:21:24]
>> Oh, it was 8th.
[1:21:25]
>> Yes.
[1:21:26]
>> Oh, okay. Good. I just make sure I got
[1:21:29]
that correct.
[1:21:30]
>> Yes. And um
[1:21:34]
>> that's
[1:21:36]
okay.
[1:21:38]
>> Yeah. So, do you feel comfortable, Gwen,
[1:21:42]
letting um
[1:21:44]
Jess know that we're going to need to
[1:21:46]
meet on that day and getting the um Zoom
[1:21:49]
codes and stuff or do you want me to
[1:21:51]
handle that?
[1:21:53]
>> No, that's fine. I've been doing it for
[1:21:54]
the planning board. That's so I can do
[1:21:57]
that.
[1:21:57]
>> That'd be great. And then
[1:21:59]
>> we won't I won't do an agenda yet
[1:22:01]
because you can just send me the codes
[1:22:03]
when you get them. I won't do an agenda
[1:22:05]
yet because it's still possible we could
[1:22:07]
get another hearing come in. Um, so I'll
[1:22:10]
do an agenda.
[1:22:12]
>> Right. Right.
[1:22:14]
>> You've still got
[1:22:14]
>> Yeah, I'll set a reminder.
[1:22:16]
>> Yeah, that's fine. Just let me I'm using
[1:22:19]
my Outlook to do reminders right now of
[1:22:22]
like we need what
[1:22:26]
is not clicking. Um,
[1:22:36]
So, January 8th and then um yeah, I
[1:22:41]
would just touch base. Oh, yeah. There's
[1:22:43]
also a deadline for agendas that Amy
[1:22:46]
just sent out,
[1:22:48]
>> right? But yeah,
[1:22:49]
>> I just I have to I haven't counted back
[1:22:52]
yet for December when we
[1:22:55]
um I always go 19 days back from January
[1:22:58]
8th. So, I'll do that tomorrow. you
[1:23:00]
know, and and we'll I I saw that agenda
[1:23:02]
deadline come through. So, we'll be okay
[1:23:05]
because if it's January 8th, you know,
[1:23:07]
we only have to have it 48 hours in
[1:23:10]
advance. So, the holiday the holiday season will be behind us,
[1:23:16]
>> right? For sure. Yeah. Okay. I'll just
[1:23:19]
set a reminder for myself December 30th
[1:23:21]
to start thinking and asking if there's
[1:23:23]
any other materials.
[1:23:25]
>> Great. So much time.
[1:23:29]
Okay, that is great.
[1:23:33]
>> Yeah, this is um
[1:23:38]
so I'm trying to I can share I know
[1:23:41]
we're waiting for Roger, but um
[1:23:46]
okay,
[1:23:50]
so well actually Roger doesn't have to
[1:23:52]
be here. I mean he can come back, but it
[1:23:54]
he was not here for that meeting. So
[1:23:59]
Bob and Kristen and I, we're the only
[1:24:01]
ones who are Are you still there,
[1:24:03]
Kristen?
[1:24:05]
>> I I am. Can you hear me?
[1:24:07]
>> Yes, I can. So did people have a chance
[1:24:09]
to look over these minutes?
[1:24:11]
>> I I have
[1:24:14]
any any issues?
[1:24:18]
>> Everything looked good to me.
[1:24:20]
>> Are you good, Bob?
[1:24:21]
>> Yep, I am.
[1:24:23]
>> All right. So, can I have a motion to
[1:24:25]
accept it? I move to I move to accept
[1:24:27]
the October 2nd, 2025
[1:24:30]
minutes of the virtual meeting as
[1:24:32]
written.
[1:24:34]
>> And I will second that.
[1:24:35]
>> Okay, Roger, you don't have to worry
[1:24:37]
about this one because you weren't here.
[1:24:39]
Um, okay. So, a motion to vote then.
[1:24:44]
» So moved.
[1:24:45]
Okay. I voted to accept them
[1:24:47]
as well.
[1:24:49]
>> Me too.
[1:24:50]
>> Me three.
[1:24:52]
>> Excellent. So, I will send these on to
[1:24:55]
Jessica tomorrow. Thank you for doing
[1:24:58]
those, Gwen. Um,
[1:25:00]
>> yeah, no problem. If you're going to
[1:25:02]
send it to Jessica, does that mean I
[1:25:05]
have to post it to agenda, though? I
[1:25:06]
have to still send it to
[1:25:07]
>> You know what? Why don't you know what?
[1:25:09]
I'm going to send it to you and you can
[1:25:11]
post it to to agenda. Okay. Will you do
[1:25:13]
you have it already?
[1:25:14]
>> Yeah. Yeah, because that's I want to
[1:25:17]
make sure I got the correct Yeah,
[1:25:18]
because I just have to do that with the
[1:25:20]
planning board, too. So I'll do that
[1:25:22]
like right now. Just send it if
[1:25:23]
everybody's fine with it.
[1:25:25]
>> Yes.
[1:25:25]
>> So I don't forget.
[1:25:27]
>> Okay. No, that is perfect. That's
[1:25:29]
perfect. So in that case, we are we are
[1:25:32]
done.
[1:25:33]
>> Okay. And then we are joining. Okay.
[1:25:35]
>> Okay. Well, we haven't voted to adjurnn
[1:25:37]
yet, but we're about to unless anybody
[1:25:40]
anything else.
[1:25:41]
>> Could I just ask a question?
[1:25:43]
>> Sure.
[1:25:44]
uh
[1:25:46]
about the the
[1:25:49]
uh town water system that that went in
[1:25:52]
off of Chestnut Plane Road. Was was that
[1:25:55]
done before the permit for the uh
[1:26:00]
storage facility there for explosives?
[1:26:02]
Was was done? Which which came first,
[1:26:04]
the permit for that or the water system?
[1:26:06]
So the 1981 permit predates the um the
[1:26:10]
building of the water system by 8 years
[1:26:13]
I think. So it's 8788 something like
[1:26:17]
that is when we um put the water system
[1:26:18]
in.
[1:26:20]
>> Right. Okay. So so they knew about the
[1:26:22]
uh explosive storage back then when the
[1:26:26]
water system went in. I get okay what
[1:26:28]
you're saying they knew. Well,
[1:26:30]
interestingly, the person who worked the
[1:26:33]
hardest to install the water system was
[1:26:35]
Paul Florio.
[1:26:36]
>> Right. I know I realize that. Right.
[1:26:39]
>> Right.
[1:26:39]
>> At that at that point, it was a vested
[1:26:41]
grandfathered use.
[1:26:43]
>> Um, and
[1:26:45]
>> and there's no in that at all.
[1:26:47]
>> Right.
[1:26:47]
>> Yeah. And and even in 2013,
[1:26:51]
it was it was slightly expanded, but it
[1:26:55]
was the same type of a product. you
[1:26:57]
know, this is this is a different
[1:26:59]
product as as you know, as as they
[1:27:01]
openly stated. Um, and again, you know,
[1:27:05]
as I said, when the fire the fire
[1:27:07]
marshall as I put in my notes to you all
[1:27:09]
after that meeting because um I would
[1:27:12]
never have not let these folks know that
[1:27:14]
they needed to bring more information if
[1:27:17]
I had thought they did.
[1:27:18]
>> Um, so, okay. So, a motion.
[1:27:22]
>> How did the fire chief or the fire
[1:27:24]
marshall know what their product is? I
[1:27:27]
you know Roger first of all he is the
[1:27:29]
person who inspects once a year. He was
[1:27:33]
um and he was he was very straight, you
[1:27:36]
know, he was very open and he just he
[1:27:38]
was very sure of it because I even have
[1:27:40]
it in my notes and in fact that very day
[1:27:43]
I wrote the next day I wrote it up for
[1:27:45]
all of you as a as a also for myself but
[1:27:48]
I double checked my notes and he said no
[1:27:50]
it would be liqufied on the job site and
[1:27:54]
so he might have assumed it based on um
[1:27:58]
previous um areas that he inspects But
[1:28:02]
>> well that's my point. But did he have
[1:28:04]
any information about
[1:28:07]
>> I don't know
[1:28:07]
>> this petition in other or he's going
[1:28:10]
back on what is there now?
[1:28:12]
>> Oh yes he was I'm sorry he was he was
[1:28:15]
there because the select board had not
[1:28:19]
yet determined that JP
[1:28:22]
could come to our meeting that there's a
[1:28:24]
conflict of interest there. He's now in
[1:28:26]
a butter. Uh Lisa Moore is Lisa Floral
[1:28:31]
Moore, so she's his cousin. Um and the
[1:28:35]
select board last night determined that
[1:28:37]
he could act um in his professional
[1:28:40]
capacity to advise us. It was, you know,
[1:28:42]
it was it obviously it was a tricky
[1:28:44]
situation. I think he did a great job.
[1:28:47]
Um, so the so so the fire marshall was
[1:28:50]
there at the meeting with Pete and Amy
[1:28:53]
and me because of the of the pending
[1:28:56]
conflict of interest. He was there to
[1:28:58]
ask questions. Um, but he was very very
[1:29:01]
clear. He said his role was the
[1:29:04]
explosives part of it and zoning is the
[1:29:09]
purview of us and the building
[1:29:11]
inspector. He seemed surprised when I
[1:29:14]
said, "I'm asking this because we really
[1:29:17]
have to be careful of liquids up there."
[1:29:18]
And he said, "Oh, okay." He said, "Well,
[1:29:20]
that's zoning. That's planning." But he
[1:29:22]
seemed to think that the product itself
[1:29:24]
would be pellets.
[1:29:29]
>> Okay.
[1:29:31]
Any anybody else have any questions
[1:29:33]
about it?
[1:29:36]
>> No. So, but essentially his advice is, I
[1:29:39]
hate to say it, but useless.
[1:29:42]
Yeah. And he and he wasn't pretending to be otherwise. He's he would be useful
[1:29:47]
in terms of a yearly inspection up there
[1:29:49]
for the the explosives, but in terms of
[1:29:52]
being aware of the weight history and
[1:29:54]
the water situation, I'm not sure that's
[1:29:56]
not his
[1:29:57]
>> his wheelhouse at all.
[1:29:59]
>> Ron.
[1:30:01]
>> Okay. All right. So, a motion to
[1:30:03]
adjurnn.
[1:30:04]
>> So moved.
[1:30:06]
>> Seconded.
[1:30:07]
>> All right. I'm I'm voting to adjourn.