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Planning commission backs Tad Shaved Ice conditional permit for DaVita parking lot with conditions
Summary
The Planning Commission voted 6–0 to recommend approval of a conditional use permit for Tad Shaved Ice to operate at 314 East Main Street in the west parking lot of the DaVita Dialysis Center, subject to 13 conditions; staff said the shaved ice use does not produce fats and grease and therefore does not need a wastewater contract.
The City of Gardner Planning Commission on Monday recommended approval, 6–0, of a conditional use permit (application 25‑305‑04) for Tad Shaved Ice to operate from the west parking lot of the DaVita Dialysis Center at 314 East Main Street.
Staff told commissioners that the site is approximately 0.32 acres, zoned C‑1 (Central Business District), and that shaved ice operations do not produce grease or fats and therefore do not require the same wastewater disposal conditions placed on full‑service food trailers. Staff recommended 13 conditions of approval to ensure compliance with circulation, site safety and city codes.
Why it matters: The item illustrates how Gardner distinguishes among mobile food vendors based on operational impacts. Where vendors that cook with fryers generate grease, staff requires a waste disposal contract; for shaved‑ice vendors, staff said those grease‑related conditions are unnecessary.
Commission discussion and motion Commissioners asked whether all conditions matched those in recent CUP cases for mobile vendors; staff confirmed that the list is tailored to the shaved ice use. No members of the public spoke during the hearing. Commissioner Combs moved approval; Commissioner Cooper seconded. The motion carried 6–0.
Key conditions (select) - Site plan showing the location of the trailer within the outlined red box. - No onsite seating proposed; if seating is later provided, the applicant must return with a revised site plan. - Annual temporary use permit required during the CUP term to allow staff to verify ongoing compliance.
Next steps The planning commission’s recommendation will go to the governing body for final action. Staff will ensure the site plan and conditions are reflected in permits prior to operation.
