With respect to the propane depot on Lee Road, Chair Tom Shuler asked each side — Superior Propane and neighbors – to present their “case.” The attorney for Superior Propane made several points as follows: the 1973 permit allowed propane storage and 1981 special permit allowed an increase in the propane storage (from one tank to three). He argued distribution of the stored propane was implied. Also, for fifty years, from 1973 — 2023, use of property has gone unchallenged and should continue to do so. 

Attorney for the appellant, David and Stephanie Adler, argued that the use of the property had fundamentally changed requiring a new permit. The change from delivery through a pipeline of natural gas to the customer with propane to augment natural gas in an emergency — one 30- gallon storage container – to delivery of propane to customers as primary use after closing natural gas pipeline — three storage tanks 90 gallons total. 

Shuler delayed any decision subject to an opinion from our Town Counsel. On question might be on whom does the burden of proof rest? Another question might be did the use change substantially requiring a new or modified permit? Was the information supplied reflected in the minutes of the meeting in 1973 conditions of the permit — for example — number of truck trips per day?

The follow-up meeting scheduled for Feb. 28 was postponed as the two sides are in settlement discussions.

Editor’s note: An Appellant is a person who applies to a higher court for a reversal of a decision, in this case, of the Building Inspector.