 The chair knows the time is 6pm. I call this meeting of the Amherst zoning board of appeals to order. My name is Steve Judge. As ZBA chair, I want to welcome everyone to this meeting. We'll begin with the roll call of the ZBA members. Steve Judge is present. Ms. Hilda Greenbaum. Here. Mr. David Sloveter. Present. A quorum is present. Also attending the public hearing tonight is Ms. Christine Brestra, planning director, and Ms. Janet Mullins, who is our technical advisor for tonight from the town. Pursuant to chapter 20 of the Acts of 2021, extended by chapter two of the Acts of 2023, this meeting will be conducted via remote means. Members of the public who wish to observe the meeting may do so via Zoom or by telephone. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time via technological means. The zoning board of appeals is a quasi-judicial body that operates under the authority of chapter 40A of the general laws of the Commonwealth for the purpose of promoting the health, safety, convenience, and general welfare with the inhabitants of the town of Amherst. In accordance with the provisions of Massachusetts general laws chapter 40A and article 10, special permit granting authority of the Amherst zoning bylaw, this public meeting has been duly advertised and notice thereof has been posted in mails to parties at interest. All hearings and meetings are open to the public and are recorded by town staff. It may be viewed via the town of Amherst, YouTube channel, and ZBA webpage. The procedure is as follows. The petitioner presents the application to the board during the hearing after which the board will ask questions for clarification or additional information. After the board has completed its questions, the board will seek public input. The public speaks with permission of the chair. If a member of the public wishes to speak, they should so indicate by using the raised hand function on their screen or by pressing star nine on their phone. The chair with the assistance of the staff will call upon people wishing to speak. When you are recognized, provide your name and address to the board for the record. All questions and comments must be addressed to the board. The board will normally hold public hearings where the information about the project and input from the public is gathered, followed by public meetings for each. The public meeting portion is when the board deliberates and is generally not an opportunity for public comment. If the board feels it has enough information and time, it will decide upon the applications tonight. Each petition heard by the board is distinct and evaluated on its own merits and the board is not ruled by precedent. Statutorily for a special permit, the board has 90 days from the close of the hearing to follow the decision. For a variance, the board has 100 days from the date of filing the final decision. No decision is final until the written decision is signed by the sitting board members and is filed in the town clerk's office. Once the decision is filed with the town clerk, there's a 20-day appeal period for an agreed party to contest the decision with the relevant judicial body and superior court. After the appeal period, the permit must be recorded at the registry and deeds to take effect. Tonight's agenda, public hearing on ZBA FY2024-08, WD Cowles, Inc. Request for modification to an existing comprehensive permit, ZBA FY2017-07, under Massachusetts General Laws, Chapter 48 and Sections 3.355.0 of the Zoning By-law to change the use of a commercial space from retail to a photography studio and to modify condition 88 at 81 Cowles Road, Map 5A, Parcel 139, COM Commercial Zoning District. There'll be public meeting on that same topic and a general public comment period as well as any new business. So the first order of business tonight is ZBA FY2024-08, WD Cowles, Inc. requesting a modification to an existing comprehensive permit, ZBA FY2017-07, under Massachusetts General Laws, Chapter 48 and Section 3.355.0 of the Zoning By-law to change the use of a commercial space from retail to photography studio and to modify condition 88 at 81 Cowles Road, Map 5A, Parcel 139, COM Commercial Zoning District. Are there any disclosures from members of the board? If not, we did not conduct a site visit at the site. We do have submissions and those can be found in the Project Application Report. Those include applicant submissions, FY2024 application form and FY2024 management plan, a cover letter by Arthur Haskins, dated 11, 1723, beside rendering by Coon Rital Associates, dated 11, 7, 2023 and floor plans, retail space portioned by Alain D. Tierney, dated 3, 29, 2022. We also have a staff decision document, which I think is the Project Application Report or is that a separate document, Christine? The staff submission is the decision that was originally prepared for this project in 2017. Oh, okay. The earlier, yeah, the first comprehensive permit, got it. Okay, we didn't get that. And I don't think this is... Yes, there is also the staff submission of the Project Application Report and I think that's on the top of the second page of the Project Application Report. Yep. The background, yes. In other words, there are two submissions, yeah. Yep, okay. Good enough. There's no public comment, right? No. I've been submitted. All right. So we should bring the applicant on as a participant at this point. Mr. Haskins, welcome. Thank you. Can you give your name and address for the record, please? Yes, my name is Arthur Haskins. My work address, I'm at W.D. Coles, 134 Montague Road in Amherst. Thank you for your time this evening. Great. Make a presentation. Yes. So I do have, in lieu of a site visit, queued up the ability to share some photos of the frontage that correspond with the drawings submitted with the application. Just a quick background, I'm the vice president of real estate and development at W.D. Coles. We are currently looking to get a new tenant into and up and running at the former location of the North Amherst library temporary location at 81 Coles. I submitted in our application a management plan describing her use as a photographer's studio. I should clarify, this is digital photography. There's no processing of any chemicals or films or traditional photography means this is purely an area that's to receive the public and staged for the actual photo shoots. And I have some interior pictures of the way that is staged today, ready for operation as well to help clarify. In addition to the use, I have also the, as you had noted, the Coon Riddle depiction of the front elevation revised to show soulful pet studios as the depiction of the name on the facade of the North Square commercial building A1 located at 75 Coles Road. If I may share my screen, I'll go ahead and walk you through just the elevation of the building, the location, and I think it may help with any questions and commentary that you may have as well. All right. Okay. Are you able to see my screen? No, we can, yes, the permit's done. Great. I'm gonna move this bar over. My apologies. This is the former approval for this space for the North Amherst Library. And that is the result. This was the most recent use. So this is the location, if you can see my cursor on the screen in pink, hovering over the North Amherst Library temporary sign banner. This is another angle depicting the address between the closet and here is another built business at 83. So this area right above the red van is the facade that is being depicted in the drawings for North Square. And I have one that I will share that may help understand the layout. This is the interior, the way she has it staged today. There's an area for reception for people coming in who are looking to have photos and portraits taken of babies and pets. And then there's some staging areas in the back for stations with props and things related to the photography business. In addition, I'll bring back up that front facade again, depicting soulful pet. I think that's actually all I have related to the use change and the signage. If I may pause there to offer time for any questions or requests. I have no question. It's the same style of sign all the way through all the, it's maintained the same all the way through the project, right? Absolutely, that's correct. We've been maintaining the same theme. We try to have all of our commercial tenants actually source the signs from the same set of vendors and within a spec so that they are consistent with North Squares, the theme that we have for the commercial signage. And so the space is accessible, correct? Right from the side wall? Yes. And accessible within? It is accessible within as well. And I should also clarify that no physical changes, no construction would be occurring whatsoever. There's no new interior walls, even our partitions. The only construction related activity would be hanging the new signage if it gets approved. Got it. Okay. Mr. Sloveter. So in hopes of torturing you as little as possible tonight, I've read everything in your application that seemed relevant. So my only question really is from what I've, other than the change of the sign, is there, if anyone looked at this building, would they have any idea that any changes were being made at all other than the sign? It seems to me that nothing is changing. You're correct, very correct, yes. Okay, thank you. I have no further questions. Ms. Greenbaum, do you have any questions? No, I just think that it's a little bit of micromanaging. One commercial business is the same as another, well, the other wasn't commercial, the other was the library, but they shouldn't need to be here, is my feeling. All right, do you have anything else you wish to present, Mr. Haskins? Only that this also is relevant to our request to remove that condition in the comprehensive permit related to the administrator review, fully agreed. We love the idea of being able to have a little bit more of a concise period of time from when our new tenant wants to move in, signs a lease, and then the approval process for the use and the signage. So if that would also be approved, I feel as though it would be great. I'm gonna ask Chris just briefly explain. I was trying to find how we are amending condition 88. And I noticed that in clause D, the applicant's letter removes the first sentence. That makes sense because it's already been built. So I suspect are we modifying 88 D by removing the first sentence? And then on E, it looks like we're removing the last sentence, but then condition 89 is identical to that, almost identical to the language that we're removing from E. Can you run, is that the change that the applicant is seeking, Ms. Brestra? I believe that in my understanding, the applicant is asking to remove condition 88 entirely and replace it with these two conditions that Rob Wachilla has outlined in his project application report. First of which is that all the conditions of the original permit remain in place except for condition 88. The second one is a rewording of condition 88 that allows administrative approval of uses that would normally require site plan review and the administrative approval is by the building commissioner. And that was something that was recently added to the zoning bylaw. And then I believe that the sub categories of A through E are essentially the same as they were originally. So it's really replacing condition eight with this condition two. And I've noticed that in Rob's right up here. Condition eight? Condition 88, I'm sorry. It's replacing condition 88 with condition two. Who? I noticed on the page of seven of the project application report that although he has three proposed conditions, the last one is numbered two and it should be numbered three. So that's my understanding that he's proposing three conditions, the second of which replaces the condition 88 in the original permit. And then, so the last thing is on page eight, this, it would be condition three, sub part D. Any changes to these approved documents? So it must just refer, it's just refers to the management plan, the facade rendering and the floor plans, not to anything else in the comprehensive permit. Right, yep. Those can be approved by the building commissioner if he deems that it's natural. Okay, all right. So effectively, what, you know, I also don't think you need to be in front of us for, well, we'll get into the discussion. Now I understand what you're asking. We'll get into the discussion about the motion we make in a second. I don't want to make, unless there's any other questions from board members, I just want to get the public a chance to comment before we move on. I don't think there's any public, is there any public comment, Jennifer? I don't see any. There's one attendee, but. No, there's one attendee, but no hand is raised. If the public were to speak, they should raise their hand or press star nine on their phone. Doesn't look like we have any. All right, if there's no further comment, is there any questions from the board before we move to public meeting? All right, what I would like to do is move to a public meeting while keeping the public hearing open in case we need to gather additional information. Public meeting is where we generally discuss this amongst board members and is not generally a opportunity for public comment. So it seems to me that you're right, Hilda and David, I'm not sure why, I know why they're in front of us, but I'm not sure that we really need to always have a ZBA meeting to change the tenant. If it's a change in the type of, so this would, the change here would result if I'm correct, Ms. Brestra, as long as the use is approved under the zoning bylaw for that area, they would be able to go, the owner would be able to approach the building commissioner to get approval for the new tenant without having to have a modification of a special permit or without going to the ZBA unless he determines that it's a substantial change. Is that correct? That's correct. That would apply to any use that's allowed by site plan review. Yeah. So that, so allowed by site plan review and that's pretty much the same as what's allowed in the, that is the same as what's allowed by the zoning bylaw. By the zoning bylaw for things that don't change the exterior of the building except for signs and lighting. And it looks like Ms. Greenbaum has a question. I just want to make sure that if at one point it tends to be a borrower and I club, it would automatically come back, right? It would because anything that requires a special permit needs to come back to you for a special permit. Okay. And so by doing this, for this project we reduce the number of times that they have to come before us for special permits to get a new tenant as long as that tenant is already, that use is already permitted under the zoning bylaw with by site plan review. Site plan review. That's right. All right. I have no further questions. Mr. Slovitar or Ms. Greenbaum, any further questions? No, can we combine it in the one motion? What does it mean? I'm going to try to get, well, we have to make, do we have to make any of these findings from the ZVA rules and breaks from section 4.5, Chris? I think it would be a good idea. Rob wrote them up in his project application report starting on page four. Four, yeah. And what I'm going to do is run through that we do, that section are the only findings that we have to make under this, that are applicable to this application. This section 4.5, which is, there is no limited impact. There's no environmental impact or limited environmental impact. Most of the other provisions are not applicable except for section 4.528, where it doesn't have any proposed adverse effects on municipal facilities. There's nothing until they're all not applicable until we get to the very end. If I'm correct, but here's 539 at master plan. That's, this is in performance with that. Go ahead. There's one that's 4.5213 about traffic congestion. He has a sentence written about that. So you might, you know, take that. Oh, I missed that. I'm sorry. Thank you. Staff has found the proposal and the board finds that the proposal does not substantially increase traffic. The tour guide studios are not high-lying businesses in the existing parking area transport can be used. Transportation can be utilized. 4.54, excuse me, that's not it. 4.56 deals with architecture features. 4.539 has a sentence. Partition conforms to the economic development aspect of master plan. I can finish that. That's correct. But 4.56 deals with architectural and it's only superficial changes, not substantially different from neighboring structures. And 4.5, 4.60 is again, increase in traffic. 4.61 deals with the non-residential use and structures. Permit has already been granted. The approval is new commercial and can be done with some majority. All right. There was another 4.59. Did you mention that one? Did I miss that one? Yes, I did. Thank you. All exposed areas will shall be screened from abutting properties. This deals with the visually blocking trash dumpsters. The applicant claims that trash areas are screened and not seen from the public right away. So I think that without objection, we have approved the findings and block. Quick vote on that. The chair votes aye. Mr. Slovitor. Aye. Screen bomb. Aye. And we have three conditions to approve this. Condition one, which is everything remains in place. Condition two is as described and discussed. And condition three is, as we discussed, that any substantial changes can be to this document before us tonight can be approved by the building commissioner if he deems them substantially come back to us in a public meeting. So the motion, are there any questions about the conditions? I think not. No. So the motion that we have before us that I would entertain is a motion to approve the modification of comprehensive permit ZBA FY 2017 dash 07 to allow for the change in the commercial tenant and to modify condition 88 with a language approved in this petition ZBA FY 20 24 dash 08 and to close the public hearing on this petition. Do I have such a motion? Yep. So moved. Do I have a second? Second. Is there any discussion on the motion? No. Ms. Brestrup, have we crossed all the T's and dotted all the I's? I think you have. Did your motion include approval of the conditions? Well, we didn't cross all the T's and dotted all the I's because I did not state that. That's right. That's why I'm so glad it was. I want to add that. Yes. And Mr. Sloverter, I'm sure you will amend your motion to approve all the conditions and make all those findings. Well, I will give that serious consideration. I have given it serious consideration and I modify my motion to include what you just said. Perfect. So the motion before us as modified is the vote tonight. If there's no further questions, we'll move to the vote. The chair votes aye. Mr. Sloverter? Aye. Ms. Greenbaum? Aye. Motion's approved. All right. Mr. Haskins, you have your change. And you have to come here less often. Mr. Sloverter? Did we also approve? I forget my motion already. Did we also approve the changes so that they do not have to come before us again? That was part of my well thought out and modified motion. Yes, yes. OK, good. And by your modification, especially of condition two, we did that. And that's why I put it in there. Yeah, that's exactly right. You thought that was good. Good. That's good. Yes, it's a well thought out motion. I thought so. All right. The next order of business is any public comment on any matter. It's not before the board tonight. So to the extent that anybody in the public will choose to speak on any matter except the matter before us tonight, then you do so. I don't see a hand raised or you're not getting a telephone call, so we're in good shape there. There's no further public comment. The next order of business is a new business and Ms. Breschle. Just what do we have for the schedule coming up? I know we have a January 4th meeting. Is that correct? The January 4th meeting is about the Ball Lane Amherst Community Homes project. And you'll be discussing waivers and conditions at that time. And Ms. Murray, Carol Murray has drafted conditions, which you'll be receiving tomorrow. OK. I have a question. Yes, Ms. Greenbaum. Are we going to have some more discussion about the local preferences before we start writing conditions? Yes, I think you will. It's a good idea to get the conditions drafted in a project like this and have at least two opportunities to discuss the conditions. And so one of the conditions is local preference. And then you will have a discussion about that when you get to that condition. That's my understanding of how Mr. Wachila has this organized. But it's in the past, when we've had comprehensive permits, we've found it helpful to have the conditions drafted. And the board can then review the conditions and also review findings. But it gives you an idea of all the different things that you have to discuss. So yes, you will have a discussion of local preference. Yeah. OK. And then do we have a meeting on January 11th? Is that correct? The meeting on January 11th is a continued public hearing from August on the Schutzberg Road solar project. I think that that will be a report by Tom Reedy, who is the attorney for the applicant about what has transpired in the interim. My understanding is that things have moved rather slowly. And so my assumption is that they will ask for another continuation. But there will be that public hearing on the 11th. And who is not going to be here on the 11th? I don't think Mr. Meadows is going to be. We'll have to go back through the panel. But I think I thought there were some. I know Miss, I don't know if Mr. Meadows is going to be in town in the beginning of January. So I think that's right. Yeah. So then you'll have to think about which date you want to continue the public hearing to. So you should all. Well, I don't think Mr. Sloveter is on that panel. I'm on the solar panel. We are. OK. So I have January 11th set aside. So I'm planning to attend that. So we have. You should think about what dates in the future you also have open so that Mr. Judge can help you to determine which date to continue the public hearing to. Yeah. So probably we'll have to go into February for that. So we'll look at February dates. And then I think the other person is Mr. Henry. He is. And I think Mr. White is also on that. So we'll figure that out. All right. That's I don't have anything else to discuss as we head out of the 2023 and into 2024. And anything from the board members, if not. No. All right. Well, I hope you all have a very happy new year. Thanks for again. Thanks for all your work this year. We did a lot. We got a lot coming up this in 2024. Thank you. Call out before the pistons lose number 29. Say it again. Mr. Brown. We got a whole hour before the pistons lose number 29. Wow. You are a basketball fan. If you were following the Detroit Pistons and their. No, no, I'm following the Celtics. Well, I think the Celtics are going to be the pistons tonight. I think so. It's going to be number 29 for the pistons. Breaks a record, I think, right? In a row. That's the step that I sort of like the pats on the socks. All right. Do I have a motion to adjourn? I'm moved. And seconded. Well, I seconded. I thought it was such a good motion. I second that motion. All right. We're setting a record time for being done with the meeting. It's 631. The vote occurs on the motion. Chair votes aye. Mr. Sloveter. Aye. Ms. Greenbaugh. Aye. Motion carries. We are adjourned. Thanks all. Have a happy new year to everyone. Everyone be safe. Thank you all. All right. Bye bye. Bye.