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Gardner Conservation Commission approves variance for Walmart fuel station at 677 Tiffany Boulevard
Summary
The commission approved a notice of intent for a proposed Walmart fuel station at 677 Tiffany Boulevard, granting a variance to allow limited work in a previously disturbed 30‑foot no‑disturb zone, adding a disclaimer to special condition 38, and requiring third‑party inspections during construction.
The Gardner Conservation Commission voted to approve a notice of intent for a proposed Walmart fuel station at 677 Tiffany Boulevard on a motion that included a variance permitting limited work within a previously disturbed 30‑foot no‑disturb zone, a written disclaimer to special condition 38, and a requirement that third‑party inspections be performed during construction.
Conor Andis, an engineer representing Bowler LLC on behalf of Walmart Real Estate Business Trust, told the commission the applicant updated the full plan set, added an emergency shut‑off valve to the drainage system prior to discharge, and identified limited on‑site snow storage located outside the 100‑foot buffer. Andis said he coordinated draft snow‑storage language and other plan notes with staff member Justin.
On system capacity, the applicant said the proposed underground chamber system holds about 1,000 cubic feet (about 8,625 gallons) of storage, not including pipes or basins. The commission and staff questioned how monitoring and spill response would work; the applicant said the tanks and pumps are electronically monitored and alerts go to the store and corporate operations, and that local emergency responders would be notified as appropriate.
Much of the discussion focused on special condition 38, which the commission read as prohibiting storage, stockpiling or other site disturbance within certain buffer zones. Commissioners said the site area in question had been previously disturbed and that the variance should be narrowly tailored to allow replacement of existing impervious surfaces and associated stormwater improvements, including the replacement of the outfall structure and installation of treatment elements. The commission agreed to add a disclaimer stating that portions of condition 38 referring to the 30‑foot no‑disturb zone would not apply to the approved scope of work so long as best management practices are employed to prevent negative impacts on nearby resource areas.
One commissioner summarized the commission’s view by saying they believed the proposed stormwater work would be an improvement over current conditions, but the commission declined to insert a formal finding of water‑quality improvement and limited the action to the variance and disclaimer language.
After closing the hearing, members moved, seconded and approved the notice of intent with the variance, the condition‑38 disclaimer and the third‑party inspection requirement by voice vote; one opposed voice was recorded. The commission asked staff to solicit quotes for third‑party inspection services and to coordinate timing and scope with the applicant.
The hearing was conducted under the Massachusetts Wetlands Protection Act (MGL c.131 §40) and the City of Gardner wetlands protection ordinance. The commission directed staff to draft the final order of conditions incorporating the variance language, the disclaimer tied to special condition 38, the snow‑storage plan note and the third‑party inspection requirement. The commission did not set an exact fee ceiling for third‑party inspections; staff will return with quotes for consideration.
