Sketch plan review: applicant proposes mixed‑use building at 54 Church, board raises zoning and safety issues

The Planning Board received a sketch plan from the owner of 54 Church Street proposing to redevelop a former gas station and convenience store site into a mixed‑use building with commercial space on the ground floor and apartments above.

Applicant presentation

Tonia Yacenchuk (Y Engineering) described the property configuration: a narrow frontage on Clinton Street and broader frontage on Church Street (Route 9N). The site retains in‑ground concrete fuel tanks and recently installed pumps and lines from work completed within the last five years. The applicant proposed to place a new multi‑story mixed‑use building behind the existing pump area to preserve ongoing fueling operations during phased redevelopment, with a future possibility of adding a second building and courtyard. Proposed program was approximately 13 residential units across upper floors with ground‑floor commercial, and some limited on‑site parking and curb access retained to the fore.

Board concerns and required determinations

Board members and staff raised multiple issues that will need to be resolved before the project advances beyond sketch plan:

- Zoning and use: the board noted the Urban Core T6 (UCT) district requires buildings to meet 0–10‑foot build‑out and 80% frontage build‑out; the applicant acknowledged the lot does not meet those build‑out requirements and said variances would be required. Board members highlighted that gas stations are not a permitted use in UCT and the existing station is a preexisting, nonconforming use tied to an earlier special‑use permit; introducing residential uses alongside or above a fueling operation raises questions about whether the nonconforming status can remain or whether a use variance or new special permit will be necessary. The board advised the applicant to consult with the zoning/building officer for an administrative determination.

- Safety and setbacks: members asked for details about tank capacity and clearances. The board raised National Fire Protection Association (NFPA) and state fire code setbacks for tanks and dispensers, and asked the applicant to document compliance; one member noted an ordinance requiring minimum separation of pumps from residences could be implicated.

- Streetscape and site orientation: multiple members recommended orienting a future building toward Church Street to meet UCT design standards rather than presenting a canopy/forecourt. Members suggested alternative layouts that would place the canopy and pumps behind the building, or use signage, to present a traditional street‑facing commercial façade consistent with UCT.

- Utilities and easements: the applicant explained much of the fueling infrastructure (tanks, pumps, fill lines and test fittings) is concentrated in a concrete pad near the Church Street frontage; removing or relocating those features would be expensive. The applicant noted an easement and adjoining property access that affect driveway layout and parking access.

Next steps

The board concluded the sketch plan raises substantial legal and design questions. Members suggested the applicant take the following steps before returning: obtain a formal determination from the zoning/building officer about the status of the existing nonconforming gas‑station use and whether adding residential use would be allowed without a use variance; provide NFPA/fire‑code documentation (tank capacity and required setbacks); engage DOT early regarding curb cut and sidewalk/visibility issues; and consider alternative building orientations that present a Church Street façade. No formal board action was taken; the sketch plan review meeting was advisory only.