 OK. The appointed hour of 6.30 haven't been reached. I welcome everyone to this meeting of the Amherst Zoning Board of Appeals. My name is Steve Judge, and as chairman of the Amherst Zoning Board of Appeals, I call this meeting to order. Pursuant to Governor Baker's March 12, 2020 order, suspending certain provisions of the Open Meeting Law, General Laws Chapter 30A, Section 18, and the Governor's March 15, 2020 order, imposing strict limitations on the number of people that may gather in one place. This public hearing of the town of Amherst Zoning Board of Appeals is being conducted via remote participation. No in-person attendance of members of the public will be permitted, but the public can listen to the proceedings by clicking on a link in the town's web page. In accordance with the provisions of Massachusetts General Laws Chapter 40A and Article 10, special permit grant authority of the Amherst Zoning Bylaw, this public meeting has been duly advertised and notice thereof has been posted and mailed to parties at interest. We'll begin with the roll call of the regular members of the ZDA. Steve Judge Chair is here. Mr. Langsdale. Here. Ms. Parks. Here. Mr. Maxfield. Here. And Associate Members, Ms. Waldman. Mr. Barrick. Mr. Greeny. Mr. Meadows. Here. Also in attendance is Marine Pollock, a planner with the town. The Zoning Board is a quasi-judicial, 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 of the inhabitants of the town of Amherst. One of the most important elements of the Zoning By-law is Section 10.38. Specific findings from this section must be made for all of our decisions. All hearings and meetings are open to the public and are recorded by the town staff. The procedure is as follows. The petitioner presents his 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 wish to speak with the, the public speaks with the 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. The chair with the assistance of the staff will call upon people wishing to speak. When you are recognized, present your name and address to the Board the record. All questions and comments must be addressed to the Board. The Board will normally hold public hearings where information about the project and input from the public is gathered, followed by public meetings for each. The public meeting portion is where 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 is evaluated on its own merit. The Board is not ruled by precedent. Statutorily for a special permit, the Board has 90 days from the close of the hearing to file a decision. For a variance, the Board has 100 days from the date of filing to file its 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 is a 20 day appeal period for an aggrieved party to contest the decision and the relevant judicial body in Superior Court. After the appeal period, the permit must be recorded at the Registry of Deeds to take effect. Tonight's agenda, a public hearing, ZBA FY 2020-42, Faye Crosby requests a special permit to allow a non-owner occupied duplex under section 3.3211 and 10.38 of the zoning bylaw, located at 65 High Street, map 14B, parcel 90, general residence RG Zoning District. This matter is continued from November 12th, 2020. We will also have a general public comment period and a time for other business not anticipated within 48 hours of the meeting. The first order of business tonight is ZBA 2020-42, Faye Crosby request a special permit to allow a non-owner occupied duplex under sections 3.3211 and 10.38 of the zoning bylaw, located at 65 High Street, map 14B, parcel 90, general residence RG Zoning District, continued from November 12th. Members sitting on this panel tonight are myself, Mr. Lansdale, Ms. Parks, Mr. Maxfield and Mr. Meadows. Are there any disclosures? The following submissions have been received by the town staff. Emails from Ms. Crosby dated February 2nd, February 18th, February 19th and February 22nd. And staff responses dated February 19th, there's two of those, February 22nd and February 23rd. In an email dated February 23rd, the applicant, Mrs. Crosby request to withdraw the application without prejudice. I do not believe that she or a representative is on the Zoom tonight to make a request in person, but that's not necessary. Is there anybody representing Mrs. Crosby or is she on the call tonight? No, she's not in attendance. So the request is before the board. Are there any comments or questions from board members? Are there any comments from the public? We're not. It's a hearing, so it's a hearing, so yep. So we could have, there could be comments, but I would doubt it. If there's no comments from the public hearing and no further comments from board members, this closes the public hearing portions of tonight's meeting. And I would entertain a notion to approve the request to withdraw the application without prejudice. Is there such a motion? I move. Mr. Maxfield moves. Is there a second? Second. Second for Ms. Parks. Is there any discussion on the motion? The vote occurs on the motion offered by Mr. Maxfield to approve the request to withdraw the motion without, draw the application without prejudice. A motion to withdraw without prejudice requires a simple majority of the board. So three members rather than four are required that are required for this. The vote occurs, it's a roll call vote. The chair votes aye. Mr. Langsdale. Aye. Ms. Parks. Aye. Mr. Maxfield. Aye. Mr. Meadows. Aye. So the most, the application is withdrawn without prejudice. The next order of business is public comment on matters not before the board tonight. This is a general requirement that we have at each meeting. So members of the public can express their opinion on any matter not before the board tonight. Sorry. I don't see anybody view. No, so if anyone has comments, they could press the raise your hand feature. But no, I'm not seeing any. Okay. If there are no comments from the public, the last order of business is any matter not contemplated 48 hours in advance of this meeting. The one thing I would add here is Maureen noted, sent an email to us that those of us who served on the colonial village playground matter, special permit should contact her so you can sign that decision. Thank you. Yep. Any other comments? Mr. Maxfield. Yes, about that. So the email said we can come by tomorrow at noon. That works for you. Yeah, that works for me. You know, if there's other times that could work, I'm in and out of meetings all day. So I just know that that 12 noon, I'm not in a meeting. Does that work for you? I think so. I'm gonna be doing a little bit of work in the morning, but I should be done by noon. If not, I'll just give you a call and see. Yeah. Okay. Bye tomorrow. I'll see you tomorrow. I'll send you a meeting invite as a reminder, if that's helpful. Fantastic. Great. All right. Any other matters before the board? If not, I would entertain a motion to adjourn. Mr. Maxfield moves. Is there a second? Second. Ms. Park seconds it. This is not a debatable motion, but it requires a recorded vote. I vote aye. Mr. Linesdale. Aye. Mr. Parks. Aye. Mr. Maxfield. Aye. And Mr. Meadows. Aye. Oh, I like it when we get something done quickly like this. All right. You got the rest of your, you all got your rest of the evening free. Thank you. We'll see you in a couple of weeks. Bye-bye.