Despite some misgivings, the Planning Board has given approval for Discount Tire and Automotive Services to continue to construct a new facility, after it was found that construction had already begun on a building much larger than was originally approved.
DTS, owned by Tyler Deruosi, originally received approval for a 12,600-square-foot building on Route 202 in early 2021. But when construction on the warehouse began, a foundation for an 18,000-square-foot building was poured. The town issued a cease-and-desist order on the construction after the illegal expansion was discovered when Deruosi filed his building permit for the site.
Deruosi was called back before the Planning Board to submit updated plans for approval. Deruosi told the board he wasn’t knowledgeable about developments, and didn’t know expanding the size required him to go through a new approval process.
“Obviously this got out of hand when it started, which is why we’re in this snowball,” Planning Board Chair Jonah Ketola told Deruosi.
Further complicating the matter is that the enlarged building also called for a significantly larger disturbance of the surrounding area, which has triggered the need for Deruosi to obtain an alteration-of-terrain permit from the state. Alteration-of-terrain permits are required when more than 100,000 square feet of earth is being affected.
Deruosi asked the board for permission to move ahead with the construction of the building, while his alteration-of-terrain permit is still being processed.
Planning Director Kirk Stenersen said he had been in contact with the state, which has given permission for the building to go up, so long as Deruosi stayed within a 100,000-square-foot envelope until his permit was approved.
The board had mixed feelings on whether to allow work to go ahead of completing the permit process, which members noted was unusual.
“For us as a board, it’s a little bit different of an application,” Ketola said. “Obviously, you didn’t set a good tone. It’s a tough thing for us.”
Bob Hamilton, the selectmen’s representative on the Planning Board, said he feared what message approving the expansion would send.
“If we allow this to go through, we open it up to every contractor to building whatever they (damn) well please, and come back, if they get caught,” Hamilton said.
Hamilton admitted to Deruosi that if things had been done in the proper manner, he “most likely” would have gotten approval for an 18,000-square-foot building, and that he didn’t have a good resolution for the issue, since the foundation had been poured.
“I completely understand, and if you want to make an example out of this, I get it,” Deruosi said. “I just don’t see how it benefits anyone.”
Deruosi offered to send weekly updates or photographs of the site to ensure compliance.
Stenersen said he would usually advise the board to make obtaining an alteration-of-terrain permit a condition of approval, but as the state had already weighed in on the issue, the board could chose to vote either way – require Deruosi to obtain the permit first, or allow work to start within the 100,000-square-foot envelope.
The board ultimately voted to approve the new site plans, and allow work to start now on the building. The motion was approved 5-1, with Hamilton opposed.
In other Planning Board news, the board approved a plan submitted by 997 LLC, to construct two new climate-controlled self-storage units on a commercial property at 997 U.S. Route 202.
The property already houses a mixed-use commercial building which includes a conference center and salon. The plan called for the storage buildings to be built on a flat, gravel area on the side of the property. One of the buildings would include 12 units, and the other 16 units. The plan didn’t call for any septic or water connections, would have downcast security lighting attached to the exterior of the building and require the installation of a new utility pole. The total square footage of both buildings is proposed to be about 10,080 square feet.
The board offered no objections to the site plan, and approved the application was approved 5-0.
Ashley Saari can be reached at 924-7172 ext. 244 or asaari@ledgertranscript.com. She’s on Twitter @AshleySaariMLT.