 All right. Recording is started. The appointed hour of six PM has been reached. I welcome everyone to this meeting of the Emersoning Board of Appeals. My name is Craig Meadows at the request of Steve Judge, Chair of the Emersoning Board of Appeals who was unable to make tonight's meeting. I call this order to meeting as the acting chair. Pursuant to chapter 20 of the Acts of 2021 and extended again by chapter two of the Acts of 2023, this meeting will be conducted via remote means. Members of the public who wish to access 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. Additionally, the meeting recordings may be viewed via the town of the Emerson YouTube channel and ZBA webpage. Please indicate if you wish to make a comment by clicking the raised hand button when public comment is solicited. If you have joined the Zoom meeting using a telephone, please indicate you wish to make a comment by pressing star nine on your telephone. When called on, please identify yourself by stating your full name and address and put yourself back into mute when finished speaking. Residents can express their views for up to three minutes or at the discretion of the zoning board of appeals chair. If a speaker does not comply with these guidelines or exceeds their allotted time, their participation will be disconnected from the meeting. In accordance with the provisions of mass general law chapter 40A and article 10, special permit granting authority of the Amherst zoning board 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 ZBA, Craig Meadows, I am here, Phillip White. Present. Our associate ZBA members Sarah Marshall. Here. And David Sloveter. Here. Also in attendance, Rob Wachilla, Planner and ZBA staff liaison and other town staff as you see on the call. The zoning boards 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 health, safety, convenience and general welfare of the inhabitants of the town of Amherst. One of the most important elements of the zoning bylaw 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 town staff. 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 his questions the board will seek public input. The public speaks with the permission of the chair. If a member of the public wishes to speak they should do so by using the raised hand function on their screen. This 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 for 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 when the board deliberates and is generally not an opportunity for public comment. If the board feels it is enough information and time it will decide upon the application tonight. Each petition heard by the board is distinct and evaluated on his 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 file a decision. For variants the board has a hundred days from the date of filing to file this decision. No decision is final until the written decision is signed by the sitting board members and is filed with 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 a 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, roll call and the minutes approval of minutes of January 17th, 2024. The public hearing ZBA FY 2024-07 gave crosses, gave underground requests for a special permit under sections 3.352.3, 5.041 and 5.042 of the zoning by-law to create an establishment consisting of a restaurant and nightclub with prerecorded entertainment. Two patio areas for outdoor dining and a total capacity of 300 occupants located at 23-25 North Pleasant Street, map 14A, partial 50, general business, zoning district and DRB and MPD overlay districts continued from 117, 2024. Public meeting then, a discussion, general public comment period, other business not anticipated within 48 hours in adjournment. The first order of business tonight is the minutes, approval of meeting minutes from January 17th, 2024. As everyone on the board have the chance to review the previous meeting minutes. I see a lot of heads shaking, yes. Are there any comments or edits that are needed for the minutes? Very good, no comments. I'm out of surprise. I would entertain a motion to approve the minutes from January 17th, 2024 with edits if needed. So moved. Is there a second? I'll second. Second. The vote requires a roll call vote. The chair votes aye. Mr. White? Aye. Mrs. Marshall? Aye. Mr. Sloveter? Aye. Next, ZBY FY 2024-07, Gabe Kraus for Gabe's underground. 23-25 North Pleasant Street. Members sitting on this panel are myself, Mr. White, Mrs. Marshall, Mr. Sloveter. Are there any disclosures? No disclosures? Then who is representing the applicant in this matter? Is this Hunter? Yes. Hello, good evening. Oh, you have the floor. I'll state my name, Andrea Hunter of Gabe's underground and Gabe Kraus. Gabe Kraus of 252 Elm Street, Westfield, Mass. As you know, we are introducing a new business into Amherst and it's basically going to be a classic bar, you know, pub style food. I don't know, do you want me to do an overview of the business again? Or? I believe we're all familiar, but I think just for the record, we probably should do that. Okay, all right. Basically, it is going to be a classic bar with, let me get to that page. I'll just read it off. Gabe's underground is going to be essentially a bar and grill establishment with a classic bar ambiance serving classic pub food and showcasing craft burgers. There are two main sections, each with their own bar and seating. The smaller section has a dance floor where patrons can listen and dance to DJ music or jukebox music on nights when there's no DJ. They can also order food and drinks and watch TV. At a future point in time, we may add live music. That's way down the road. The larger section will have a more relaxed atmosphere with where patrons can order food and drinks from the bar or order food and drinks from waitstaff who will see them indoors or on the patio, the patio, weather permitting. For entertainment, there will be pool tables, arcade games, TVs and a jukebox in the future. And last time we were going over, we were talking about scheduling, managing customers, last call and tightening up what it says in the plan about emergencies. Has everyone had a chance to read the the revised management plan? Okay. Do you have any questions? Anybody have any questions? I believe we addressed all the things that we talked about last time, revising and specifying how we would staff, how many we would staff, where the patrons would be led away from the business so that they'd be kept safe. Okay, we'll start with Sarah. Well, Miss, I'll let the chair decide. Okay. Mr. Sloveter had his hand up first, so. Okay, thank you. I have only one question. I read everything. It seems that you have addressed the ambiguity or the uncertainties from last time. There's just one line in here that I want to confirm under additional information in your plan. It says food and alcohol to those 21 and older will be served. Right. That implies that there could be people there who are under 21, which you said last time there would never be anyone under 21 on the premises. No, we don't want to allow anyone under 21 in there. Okay. So, all right, I just wanted to clarify that. It, that could be read when it says to those 21 and older, it could be read that there were people there under 21, but we won't serve them. So as long as you're clarifying that there won't be anyone under 21, that's fine. Thank you. That's the only question I had. Okay. Perhaps within that context, Rob, that could be stipulated that there will not be any occupants under 21 years old? Yeah, if you want to, if we get to the conditions and the board wanted to put that as a condition, we definitely could. And also one thing I wanted to ask Mr. Chair, if that's okay, I know Ms. Marshall had her hand up, but it was more about the ratio for the bouncers to patrons on slow nights. So I noticed you used one for every 42 as kind of like an example. Are you guys going to stick to that? Or do you think you're just gonna, do you think you'll change it to something else? I'm just curious of what your attentions are with the, I guess the ratio to cut and send bouncers home. We're gonna stick pretty close to that because we came up with that number based on full capacity of 300 and seven bouncers on a busy night and divided that out and we come up with about 42. So we're gonna stick pretty close to that. It's a pretty comfortable number. Ms. Marshall? Yeah, you really tightened up the plan. I think that's great. I observed some discrepancies in the statements about last call, but it may just be a typo in the staff's project application report because two places I noticed it was 12, 25 a.m. but in condition, possible condition 22 that I think Rob prepared it says last call was 12, 45. So just need to be sure that it's correct in the... I'll wind up, that's probably an error in my answer. So I'm gonna change the information once I review everything again tomorrow. But thank you for pointing that out. Okay. And is it clear also when the business closes? I know you're not serving after one, but then people, patrons can stay until two, is that right? And then they have to leave? It is clear. Let's see, I wanna find the page. I've just forgotten where I didn't recall. It looks like it's page two, page top of page four which says hours of operation. This is in your management plan? Yeah. Yes, yes, I see. Okay, thank you. That's fine, that's all I had. I will say that I also thought it was much clearer and much better to find with this addition for Rob. Yeah, I wanna add onto that too for the closing. I noticed in your managing patrons as they leave section you the last sentence says out by one a.m. So that's very clear. And that basically makes your attentions of closing at one very clear to us. Right. What, say that again. So there's a section on managing patrons as they leave. It's the bottom of page, middle of page six, that section. There's a second paragraph. It says during operating hours, bouncers will be monitoring the patrons as they leave to ensure they comply with mass laws regarding alcohol beverages, as well as making sure they leave in orderly manner and that all patrons leave by one a.m. So, you know, it's perfectly clear, makes a lot of sense. Well, did you have anything since you have more knowledge than any of us on? I reviewed all of this. And I think like the majority of the board, I wanna thank you guys for clearing up a lot of my kind of questions with it and putting that guess more of a fine point on the details. But yeah, I have nothing. But thank you, Mr. Chair. Okay. Well, if there are no further questions from the board members, then we'll go to public comment. Mr. Chair, we do not have anybody in our attendance. Have we got that boring? I don't think there anybody ever joined. I think it was just the applicants. Okay. Well, if we have no public comments, then we will, I'll ask the board member to provide any further thoughts and opinions on the petition before us. And if there. I'm taking no public comments as a complete vote of confidence for the excellent work that the ZBA does. I think that's well established. Or we just don't have enough drama. I don't know. That's true too. No, I'm not. Mr. Chair. Yes. My only question as far as the board would be, I am totally fine approving this, but do we want to under the conditions? But what we were just speaking about, excuse me, it's late. The condition that we were talking about, I forget what it was specifically, but. That Rob mentioned? Yeah. Oh, about, gosh, and now it's slipped my mind too. Well, there was one, it was nobody under 21 that Rob was going back. Yeah, just for the clarity. Yeah, that's what I was speaking about, yeah. We have to eventually move into Pug Me, then afterwards we have to go through the conditions and then that's usually when we'll address it. So. Okay. Well, I feel like we've gone into a public meeting asking for public comments. Unless I didn't say the words properly. So, but since we've been in public meeting, there are no public comments and there are no further comments from the board. Members, I think we can then go on to move to discussion of the conditions. And as we said before in practice, we'll vote on the conditions in block. If any conditions seem to generate a high level of disagreement, they'll be singled out and discussed and voted upon separately. So let us begin to go through the conditions. Possible conditions of approval. The project shall be built and maintained according to the approved plans and application package. Any changes shall be reviewed by the building commissioner to determine if the submission to the zoning boards of appeals is necessary. Said changes may be reviewed and or approved by the zoning board of appeals at a public meeting or if the changes are significant enough, said changes shall require a formal modification of the permit and or conditions. The approved plans include A, ZBA FY 2024-8 management plan, B, main floor plan, occupancy load and seating plan prepared by Ristram Walker Mitkaf III, dated 10-16-2023, updated 12-4-2023 and 12-12-2023. C, sign renderings for the awning and overhang signage. Excuse me, Mr. Chair. I just want to make one correction that I did in this typo. So it should be FY 2024-07 instead of 08. So I'm going to change that once I draft up the decision document and make changes to this document as well. Very good, thank you. Yeah, we've had it. It does say both numbers on there. Two, the conditions associated with Article 14, decision for J plus PJ solutions, think DBA, Hazel's Blue Lagoon and Cafe shall no longer apply to this property. Three, any live or prerecorded music entertainment defined under section 5.042 of the zoning bylaw shall be clearly accessory and incidental to the principal use. Four, sound produced by the proposed live or prerecorded music entertainment shall not generally exceed 70 DBA with the doors closed as measured at any boundary of the property on which the establishment is located. As determined by the regulations adopted pursuant to section 5.0422. Five, all exterior lighting shall be designed and arranged to be downcast and shall provide adequate lighting for the sidewalks, security and safety. All lighting not specifically required for safety purposes shall be extinguished by 2 a.m. or one hour after closing. Six, proposed signage shall not exceed the number, placement or description as detailed in the approved management plan. Any changes to the exterior signage or lighting shall be reviewed by the design review board and submitted to the zoning board of appeals at a public meeting for review and approval. Seven, the regular hours of operation shall fall within the time range detailed in the approved management plan. If the applicant wishes to change the hours of operation they must seek approval from the ZBA at a public meeting. Eight, the total occupancy shall not exceed 300 occupants at all times and shall be divided up as identified in the approved floor plans, main floor plan, occupancy load and seating plan prepared by Rister Walker Metcalfe III, dated 10, 16, 2023, updated 12, 4, 2023 and 12, 12, 2023. Nine, the number of seats, tables, spools, stools and pool tables shall not exceed what is detailed in the approved management plan and floor plans. Ten, all patrons in the outdoor patio area, dining area shall be seated for the purposes of dining. Standing patrons shall not be allowed to gather. 11, the operation of the nightclub shall be limited to the 41 boltwood walk portion of the establishment. 12, the restaurant portion of the establishment, 37 and 39 boltwood walk shall not be used as a nightclub. 13, at no time shall the inclusion of the outdoor dining patrons into the interior of the establishment create an overoccupancy of any interior posted maximum occupancy numbers. 14, all patrons and staff associated with the outdoor dining shall be included in the total occupancy of the principal use. 15, all rooms shall have maximum occupancy signs posted specific to the room. The occupancy signs shall incorporate a minimum number, minimum character height of four inches and shall be prominently displayed. 16, the applicant or applicant's contractor is responsible for all necessary permits for all aspects of construction and inspection of the restaurant nightclub. 17, the interior layout shall be designed in accordance with the site plan submitted to and approved by the zoning board of appeals. 18, all bartenders and waitstaff serving alcohol shall be tips certified. 19, all onsite security personnel and door bouncers shall be crowd manager certified. 20, all staff shall receive fire safety and energy circumstance training as part of their new hire onboarding. 21, the employees of GABE's underground shall be responsible for controlling loud and or obnoxious behavior in and around the building. 22, alcohol shall not be served after 1 a.m. and last calls shall be at 12, 25 a.m. I'll take note of that one. Thank you. Yep. 23, alcohol shall only be served to those seated outdoors for the purposes of dining and shall be served in accordance with the board of licensed commissioners regulations. Any substantial changes to the alcohol service shall be reviewed and approved by the zoning board of appeals at a public meeting. 24, the applicant shall operate in compliance with the ABCC guidelines for patio service. 25, a barrier and or other marking in accordance with the ABCC guidelines shall be enclosed, shall enclose the proposed outdoor dining areas and egress aisle of 44 inch minimum with shall be maintained between the outdoor dining tables and the chairs and the east wall of the covered portion of the alleyway. 26, electronic IDs verification equipment to be installed prior to the issuance of a certificate of occupancy and shall be used in addition to visual verification of patron identification. 27, the applicant's management personnel shall be responsible for ensuring that the exterior of the establishment is free of trash and litter by the close of business on days in which the establishment is open. Management personnel shall also be responsible for preventing patrons from taking beverage containers outside of the establishment. 28, trash that is collected in barrels inside of the establishment and any exterior barrels used by the applicant shall be moved to the dumpster located at 17 Kellogg Street on a nightly basis. 29, oil and grease trap shall be properly maintained and emptied in a frequent basis. 30, staff shall be present at the exit doors at the close of business and shall assist with the exiting of patrons. 30, excuse me, 31, the double doors located under the awning shall be kept closed during normal hours of occupation, operation with the exception of a large number of patrons entering and exiting this specific egress point at any one time. 32, on busy nights, Thursday through to Saturday, patrons shall only be allowed to enter through the awning entrance. 33, supply slash vendor delivery shall only be made from the Boltwood Walk parking lot area and shall not occur before 9 a.m. or after 3 p.m. 34, the belt barrier utilized for queuing on busy nights Thursday to Sunday shall be installed as detailed in the approved floor plans. The belt barrier shall be removed at close of business hours. Patrons who spill over from the queue in the belt barrier shall be maintained by security staff and instructed to form a straight line. 35, this special permit is granted to Gabe Krauss of 142 South Longyard Road, Southwick, mass 01077. If the ownership of the building that was granted this special permit to operate in the designated location were to change, then this special permit would expire immediately after such change of ownership. Conditions the board should discuss during the hearing. Location of hours of operation to be posted. Two, whether or not the board wish it to have a 12 month review period for noise levels exceeding 70 decibels from a property line. Three, whether or not patrons can exit through the alleyway next to Antonio's leading to North Pleasant Street at the end of the night. If bouncers are required to steer patients away from that alleyway. Four, to insert this language, the establishment owner and or manager shall return to the special permit granting authority no sooner than 12 months or longer than 14 months from the first day of operation to review the management plans effectiveness and complaint history related to the expanded occupancy and to determine if any adjustments to the management plan is necessary. Five, mandating location of employing parking. In the management plan staff are encouraged to obtain town parking passes. And six, if the board desires to add an additional condition on setting a minimum number of staff, I think before we ask for a vote or agreement I'd like to discuss those conditions. So Mr. Chair, I would have to ask for possible condition number three. Yes. Well, sorry, going back up to the list. So I'll just, I took one note of a condition that was mentioned. So condition 27, I'm gonna scroll up to it. This one. So it talks about management personnel also should be responsible for preventing patients from taking beverage containers outside the establishment. I wanna include language in there that excludes the outdoor dining area to make it less confusing. So with the exception of the outdoor dining area. So patrons can have their drink in outdoor dining but they can't go beyond that. That's a good point. Isn't it part of the establishment? Well, just for clarity sake because if you look at it, you could think, well, the establishment could be, you know anything that's within the building behind the doors and I guess to avoid any sort of confusion or vagueness it would make sense to dispel that out clearly unless the board members don't see any issues leaving this condition as it is. I figure I'd bring that up. I think it's a good point. Are there, I think I have a question that coincides with that. If there are a predetermined number of seats out there if as frequently happens people come and see the people that they're sitting there and wanna come and talk to them or stand there and have a drink realizing that they shouldn't be standing and drinking there do you anticipate bringing out other seats in increasing the number of chairs that are available to any given table? How would you handle it? Let me ask that question a little more openly. Well, there's a maximum number of 18 seats loud on the patio so it can't exceed that. And there's also a condition, Mr. Chair where it says there's no standing room out there. Right, right. And also, you know, they have that max number of chairs which is also in their plans and then, you know, the other condition that limits standing out there. So those would be quick interactions but they wouldn't be for too long. Ms. Marshall. Yeah, about number 27 and Rob's concern, I wonder if we just add when they depart to the end. You know, cause we're talking about when they're leaving, you know, they're not gonna create a mess and walk away with alcohol. Preventing patrons from taking beverage containers outside of the establishment at departure or when departing. Perhaps it should just be at any time because it's when they're departing, what if they're just, they take a walk to their car and have a beer in their hand? Well, there is an open, well, but then they're leaving. I mean, if they're... Well, but I think having the bouncers prevent them from taking anything outside of the establishment is, I think, clear. I think this is adequate as it is expressed here. I believe so too. So the board feels that I shouldn't add the language on outdoor dining area. You think the condition written as is is good? All right. If the outdoor dining area is part of the establishment, which it is, then it doesn't need additional clarification. Okay, I'll scratch that one off then. Mr. Slovener, is access to the outdoor dining area only through the restaurant? Yes, there's a door when you're facing, you're standing under the overhang and you're facing the entrance that we call the overhang entrance. There's a door to the farther left most door. It's the next one over to the left. That door will be unlocked during hours that the patio is open so people can, they can dine out there, course, weather permitting. And yeah, so they would have to go into the restaurant and be seated on the patio if they wanna eat on the patio. Right, okay, so effectively the seating on the patio is part of the establishment as though it was inside. It's just part of the establishment that doesn't have a roof over it. It does have a roof. I mean, it has to have a roof, but it's outdoor. Right, it's part of the establishment that is cold tonight. So, okay, no, yeah, I think it's fine. Ms. Marshall. I had a thought about condition 24, the last sentence regarding security staff will instruct patrons waiting to form a straight line. And I don't know that we need to specify where that line is, but it just shouldn't impede pedestrians, right? Oh, sorry. You said 24, but that's not 24. 34, sorry. So how does the board feel that should be worded? Instructed to form a straight line that doesn't impede pedestrian traffic or something. Okay, good point. So I guess just to read over, so are you saying just to add that towards the end, Sarah, instructed to form a straight line doesn't impede with pedestrian traffic, or do you think we should try to shorten it? To form a straight line, that doesn't impede pedestrian traffic, because I don't know the layout, like where it would be best to line up those patrons, but obviously they can't be blocking intersections or whatever, so. Okay, that's a good one to note in traffic. Thank you. Now, as far as the consideration for discussion, the location of hours of operation to be posted, did you have an intention as to where they would be posted? On the outside doors, where? On the wall. Is that, was that question addressed to us? Yes, I'm sorry, it was addressed to you. It would be posted, they'd be posted on the doors. Over by, I'll be more specific, over under the awning, it would be posted in the windows that are on either side of the doors, and at the overhang entrance, it would be posted on the overhang door entrance, because it's a window type of door, so it would be on the inside facing out. Are they posted inside also? No, just inside facing out of the establishment. I think it might be viable to post them inside also. Okay. Just so the patrons know when they have to leave and when. Yes, it could be a double-sided sign in all cases. Okay, great. So, Mr. Chair, I guess the reason why I put this in here was to consider the board doesn't have to really be specific about it unless they want to be, but figured just have like a general condition that says hours of operation have to be posted at all times. If the board wanted to make that condition, that's totally fine. I'm open to ideas whether or not you want, you want a word or a certain way, or if you would rather not make this a condition. There's no reason not to have it as a condition, I would think. I guess I'm surprised that it isn't. I mean, I thought businesses generally had to post when they were open and what their hours are. I'm surprised that maybe that's not the case. I know I'm always annoyed when I can't find that information. I think it's reasonable, but I don't know that we have to be very specific about it. I think as long as we know that they're going to be posted, then we should be adequate. Right. Okay. So I guess just yesterday I said, do you want me to believe this possible condition out and not make it a condition? No, make it a condition. Okay. So I could just, I'll word it as hours of operation shall be posted. Shall be posted. Prominently. Prominently at all times or something like that. Okay. By the way, I mean. We don't need to micromanage the exact spot where they're posted. If there, if there should be prominently posted at all times, that's good enough. Yeah, that sounds good. On the second question, I'm wondering if a 12 month review is a little bit long. I'm wondering if a three or a six month review by, at least by the building commissioner is appropriate. It's up to you guys. I figured, you know, the board could decide that timeframe or even if you want the review period. I think it's, I think if there's difficulty in maintaining the decibel levels, then it should evident relatively quickly, as long as that, you know, by the time we get finished here and they get the construction done, it's not the beginning of summer and the kids are gone. Then we can't tell anything. So maybe a six month period. Ms. Marshall. I wonder whether we could just combine two and four. I mean, if we're going to have them come back for a review, why not just review everything? It's not a bad idea. Not to a question. Do we need to review this or is the building commissioner just capable of revealing it? It's up to you as the board. I mean, usually the building commissioner is going to base it off of whether or not he received complaints from neighbors about it. And he'll like send like an inspector to go check it out or something. But otherwise, yeah, usually for something like this, it's up to you guys. If you trust the building commissioner, then maybe he can handle it administratively or if you would feel that at this point, maybe it warrants further board review at that time. It's totally up to you guys. I would like to put if warranted. But in the opinion of what? The building inspector. Building, okay. Building commissioner. Yes, Sarah. Yeah, I would maybe Rob can refresh my memory. Did we impose the similar condition on the other nightclub that we permitted last fall? We did. I think it was, I think it was for the noise too, because noise was a big issue for a lot of neighbors in that area. David, I think, were you on that panel, David? Yes. Yes. I think it would be good to be consistent. I don't seem to be. Noise was a big issue and noise will be a big issue with this, with this call. Yes, Mr. Slovorov. I agree with the chair that 12 months is too long. If problems come up, if this club is successful and busy, and I certainly hope it is, that I would think within 60 days, it would be evident whether there are problems that are not being contained. And it should be 60 days after the beginning of the school year, I don't know exactly the date that they expect to open, but maybe if the school year starts at the beginning of September, we could put a review date of October 31st. October 31st, I had to check how many days are in October. Of October 31st, 2024. Can I ask the applicant, when do you expect to be open and operating and loaded with kids? I would say the third week of February, I think what we're aiming for now. Third week of February now. Oh, wow. Maybe. Wow. Well, congratulations. That's way sooner than I was expecting. So if you're- I don't think we can, I think that's wishful thinking. Considering the fact that there's a, you know, there's time before we have to sign the documents here. There's a waiting period. I mean, you've got, there's no way you can get started then. Well, I think it'll be based on when when the special permit will be approved, basically, because other than that, we're just about ready to open. Rob, approximately. So usually, so if the board were to grant the permit tonight, it takes about a week and a half to get everybody to sign it, the fiscal document. And then afterwards, there's a 20 day appeal period, which is required by state law, which basically allows for a grief parties and members of the public to challenge the decision of the board to grant you the special permit in a higher court, like land court or superior court. And after that, you would file the special permit with the registry of deeds. And that's when it goes into full effect. So you're looking at opening probably of at least March at this point. Miss Marshall. I would suggest then just asking the owner to return after six months, six months after opening, because that will include at least three months of operation during an academic term. I agree with that also. Okay. Mr. White. Yeah, I mean, my only thing that I would ask to be added to it would be that we put language in there that says that it's six months after the opening. Right. And does the board still want to combine number two and four? That miss, like how Miss Marshall suggested it. Number four is basically a 12 month review period where they have to look over the mansion plans, effectiveness at a public meeting. I don't know if the board wanted to keep that or if you think that's not necessary, maybe just do it with the building commissioner administratively. I don't know how you feel about that. I mean, personally, I would prefer to put if warranted by the building inspector, building commissioner, excuse me. So the building commissioner determines if it goes to the board. Yes. Okay. I see people nodding. I agree. All right. And does the board want to base that off of any sort of like condition where it's because they receive complaints or just that they have to reach out in 12 months time to the building commissioner to review and set an appointment to go over the management plans, effectiveness. Six months time. Six months time. Sorry. I guess one. Sorry. Mr. Sloveter. I don't think we need to duplicate a whole lot of enforcement here. Aren't there mechanisms already in place that if there are numerous noise or trash or other complaints, somebody calls somebody to make the complaint. They're not calling us. So they're going to call the building inspector or the police and somebody will go to the building inspector. Aren't there mechanisms in place already to deal with problems? There is code enforcement usually does that. Inspection services has a code compliance officer who will go and issue citations if they're violating any sort of zoning or management plan infringement, I should say. Right. So I don't think we need to be overly burdensome in terms of imposing reviews or things like that. If the building inspector thinks that there is a recurring a systemic problem in the way they're operating this, then the mechanism is there to do something about it. And then the building inspector as the chair had suggested could ask for them, the club managers to come back to the granting authority. But if, unless that happens, I don't think we need to impose something on them. If everything is wonderful, why would we care? I agree with you. I think that what is logical to happen is if the building commissioner has got it on his calendar to review it in six months, then he'll review and if it's not warranted for us to do any further review, then we don't have to. Well, if you, sorry, I didn't want to interrupt Ms. Marshall, she has her hand up. I know. Just that if we've had a condition that addresses this in another permit, Rob, can you just grab that? Is it quick to grab that language? And we just say, is it acceptable in this case? I mean, maybe we... I think we say that we're not, we're not bound by... True, but why do we need to reinvent the wheel every time? Well, I mean, we're not... The language is there. It's just a matter of changing it from 12 months to six months if warranted by the building commissioner. All right. It's simple enough. Okay. If it doesn't introduce any new ambiguities or something for the building commissioner, that's fine with me. Oh, I'm actually gonna look at that specific word on that condition. I have it in front of me. I just want to make sure that we did that for the spoke. Let's see. And since Rob Moore didn't come tonight, we can lay it on him anyway. I'm sure he'll be happy about that when I tell him tomorrow. I'm just laying him. I actually don't see a condition. So what we have here for Chad, we put in a condition that says the establishment owner or manager shall return to the special permit grant authority 12 months from the first day of operation to review the management plan's effectiveness and complaint history related to the expanded occupancy. And to determine if any adjustments to the management plan is necessary. I think we can leave it up to the building inspector, building commissioner to make that decision. Okay. So I guess a condition we should... So we should probably reword that condition then. Yes. I guess get rid of the sound level measurement. And then just reward it, combine two and four and just word it in a way where it says they have to meet with the building commissioner 12 months after opening and they have to review the management plan's effectiveness. And if the building commissioner feels that further reviews needed by the board, then they have to come to a public meeting. Does that sound, sorry about that. Does that sound like it makes sense? I think that's less burdensome on everyone. Okay. Okay. I'll write that down. And then the next one, a mandating location employing part, it's hard enough to find parking. I don't think we can mandate that they have to park on Main Street or in the lot or anywhere else because if it's parked up then they're not going to be able to do that anyway. Okay. So I guess we could just scratch possible condition number five then. Yeah. And condition number six, they've already given what I think but other opinions would be interested in hearing if there's something different than what they proposed in their management plan for numbering employees. Yes, Mr. White. I would actually be fine with striking number six, just with my experience in working in restaurants and bars when you get to a point where you're cut down to closers that's going to be generally depending on the size of the location and not including bouncers. You'll have one or two people in the kitchen that are closing. You'll have a closing bartender for each bar and maybe a closing server and then management, usually just one manager. But I mean, I would be fine with striking that considering that as a business and we've got the stipulation of management plan about your particular bouncers and things like that that I just don't really see it as necessary. I agree, we'd have to, it's contingent. The minimum depends on what's happening and that's what the management plan is about. So we just have to repeat ourselves. Mr. Slogano? I agree, I think six should be stricken. I'm satisfied with what they have spelled out in their management plan. I think it's adequate. I don't have experience managing bars, I only have experience patronizing them. So this will have nothing, my opinion is just that I think they've already addressed this adequately and we don't need to pile on here. So I would strike number six as well. Okay, good. Well, if we're all in agreement in the conditions, I will entertain a motion to approve the list of conditions with edits for ZBA FY2024-07. Mr. Chair? Yes. Do we want to add to the conditions what we were discussing about putting in the conditions about the closing time? Correct. Okay. Rob, you've got all of those conditions there. Do you want to read them back to us? Sure, I'm sorry, good. We did not address number three, the alley next to Antonio. Oh yeah, so they actually spelled that out in their management plan, but if the board wanted to include that as a condition, we definitely could, this one right here. You know, I think that's a good idea if there are a lot of people there, but if people have dwindled and they've only got a few people and they want to go out that way to include the staff. I don't see a problem when they're going out that way, but that's my opinion. Mr. Chair? Yes. I'm sorry. If I remember correctly, and please correct me if I'm remembering this wrong, but when we were discussing this, I believe weren't we discussing it under the pretext of an emergency situation to prevent any sort of like stampede, you know, and that. Okay. Yeah, I raised that concern, and I don't need possible condition three. I mean, they can figure out if they can fit down the alleyway or not. Right, David? I think condition three would be too unwieldy to enforce. That alleyway is narrow and I think problematic anyway, but the chair informed me that he had carried very large, heavy bags of things down there, and I take the chair at his word, and that has to be situational in my opinion. We should just leave that out completely. If there is a problem, it can be addressed, but I would remove that. Okay, noted. Did you want me to go through my corrections, Mr. Chair, just so we know what they are? Yes, please, just so that we can clear on them. Sure, so I'm gonna stop screen sharing. All right, so my corrections that I noted, possible, so condition one A, I changed it from ZBA FY 2408 to 07. For condition 22, I changed the last call from 1245 to 1225. So 34, I added the language to form a straight line that doesn't impede pedestrian traffic for the spillover patrons. Then we have the two possible conditions. The first ones for the hours of operation shall be posted prominently at all times. And then we have the 12 month review period. They have to meet with the building commissioner. They have to review the management plan. The building commissioner determines the further reviews needed from the board at a public meeting. Six months period. Okay, so six month period. And then I'm gonna look at the language that was used in the spoke live decision for that one and then kind of mimic that language. Because I know it was written in the way that we wanted addressed here tonight. And that's all I had. And everything else was taken as is. Okay, is everyone okay with that? All right, Rob, that means that three, five and six were simply deleted. Yes, that's correct. Okay. Okay. If we're all in agreement with the conditions, I'll entertain a motion to approve the list of conditions. With it. Some moves. Second. So seconded. Please. Thank you. The motion has been moved and seconded. Any discussion? This requires a roll call vote. The chair votes aye. Mr. White. Aye. Ms. Marshall. Aye. Mr. Slovitar. Aye. The motion passes. We will now move to the discussion of the findings which will go through each finding and vote on the findings in block. 10.380 and 10.381. The proposal is suitably located in the neighborhood in which it is proposed and or the town, total town and is deemed appropriate by the special permit granting authority. The proposal is compatible with the existing uses and other uses permitted by right in the same district. Board reviewed the nightclub and restaurant with over 200 occupants use is allowed by special permit in the BG zoning district. The property 23-25 North Pleasant Street is located in a built out commercial district with similar uses nearby. The attended use would not deviate from the existing uses in proximity. 10.382, 10.383 and 10.385 and 10.387. The proposal would not constitute a nuisance due to air and water pollution, flood, noise, odor, dust, vibration, lights or visually offensive structures or site features. The proposal would not be substantially inconvenient or hazardous to a butters, vehicles or pedestrians. The proposal is reasonably protects the adjoining premises against detrimental or offensive uses on the site, including air and water pollution, flood, noise, odor, dust, vibration, lights or visually offensive structures or site features. The proposal provides convenient and safe vehicular pedestrian movement within the site in relation to the adjacent streets and property. The board's review, the applicant provided a detailed plan on pedestrian movement, light intrusion would be minimal. The board should consider asking the applicant how loud music would be and we have made a determination as far as that's concerned. 10.384, adequate and appropriate facilities would be provided for the proper operation of the proposed use. Board review, the applicant appears to have appropriate facilities to properly operate the site. 10.386, the proposal ensures that it is in conformance with the parking and sign regulations. Articles seven and eight respectively of this bylaw. Board review, the applicant's proposal complies with the town of Amherst parking and sign regulations. 10.387, the proposal provides a convenient and safe vehicular and pedestrian movement within the site and in relationship to adjacent streets, property or improvements. If the special permit granting authority deems a proposal likely to have significant adverse effect on traffic patterns, it shall be permitted to require a traffic impact report. And the proposal shall comply with sections 11.2437 of this bylaw. Board review vehicular movement is not a factor here. The board should further ask the applicant where patron Opal-Fall will spill out and we have done so. 10.388, the proposal ensures adequate space for the off street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment or use. The board review, the proposed use is located in an alleyway which may make deliveries trickery during business hours. Condition 34 will address hours of delivery and should prevent issues during high peak traffic times. 10.389, the proposal provides adequate methods of disposal and or storage for sewage, refuge, recyclables and other waste resulting from the uses permitted or permissible on the site and methods of drainage for surface water. Board review, the applicant appears to have the appropriate methods for waste and trash removal. 10.390, the proposal ensures protection from the flood hazards as stated in section 3.228, considering such factors as elevation of buildings, drainage, adequacy of sewage, disposal, erosion and sedimentation control, equipment location, refuse disposal, storage of buoyant materials, extent of paving, effective fill, roadways and other encroachments on flood runoff and flow of storage and flow, storage of chemicals and other hazardous substances. This finding does not pertain to this particular applicant. 10.391, the proposal protects to the extent feasible, unique and important natural historic and scenic features. This finding does not pertain to this particular application. 10.392, the proposal provides adequate landscaping including screening of adjacent residential uses, provision of street trees, landscaped land, islands in the parking lot and a landscape buffer along the street frontage. When non-residential use joins a residential district and uninterrupted vegetation, vegetated buffer shell to the extent feasible be established to maintain between buildings associated with uses under this section and the nearest residential property boundaries where natural undisturbed vegetation already exists on the site prior to site preparation and clearing, the majority of that vegetation may be retained and included as part of the buffer along with additional use of new planting, selective removals and other management of site plantings as are determined to be necessary to maintain an effective year round visual screen. This applicant will not be providing additional landscaping for the intended use, hardly. 10.393, the proposal provides protection of adjacent properties by minimizing the intrusion of lighting including parking lot and exterior lighting through use of cut off luminaires, light shields, lowered height of light poles, screening or similar solutions. Except for architectural interior lit signs all exterior site lighting shall be downcast and shall be directed or shielded to eliminate light trespass onto any street or abutting property and to eliminate direct or reflected glare perceptible to persons on any street or abutting property and sufficient to reduce a viewer's ability to see. All site lighting including architectural sign and parking lot lighting shall be extinguished outside of these business hours established under an approved site management plan except for lighting determined to be necessary for site security and safety of the employees and visitors. Board review, the lighting appears to be downcast and hidden in the alleyways. These factors seem to minimize light intrusion into neighboring properties and we have dealt with the timing of the lighting being extinguished. 10.394, the proposal avoids to the extent feasible impact on steep slopes, floodplain, scenic views, grade changes and wetlands, or this finding does not apply to this particular applicant. I think I, anyway. 10.395, the proposal does not create disharmony with respect to the terrain and to the use scale and architecture of existing buildings in the vicinity which have functional or visual relationships there too. Within the BLBVC, BN, COMOP, LI and PRP districts and any residential zoning district where a project in question occurs within the boundaries of a national historic register district, a special permit granting authority shall if deemed the approach, the proposal likely to have significant impact on its surroundings be permitted to use the design principles and standards set forth in sections 3.2040 and 3.2041, past treat one through nine. To evaluate the design that the proposed architecture and landscape alterations within the BG and a budding BL districts and for any town project within the any district the provisions of section 3.20 design review shall remain in effect. The board review, the proposed signage was approved by the design review board who operate under the auspices of section 3.20 of the zoning bylaw. There will be no exterior alterations of the building. 10.396, the proposal provides screening for storage areas, loading docks, dumpsters, roof equipment, utility buildings and or similar features. The board review, it is unclear whether or not trash receptacles will be screened. The board should clarify this with the applicant. Since there are only temporary trash receptacles during the time of occupation, I don't think that this is an issue as far as we're concerned. 10.397, the proposal provides adequate or recreational facilities, open space or amenities for the proposed use. This finding does not apply to this particular application. 10.398, the proposal is in harmony with the general purpose and intent of this bylaw and the goals of the master plan. Board review, the proposal abides by the standards set forth in both the zoning bylaw and the master plan. This petition makes a vacant building operational and promotes a small business in the Amherst. If we are all in agreement with the findings, I would entertain a motion to approve the findings with edits, if needed, for ZBA FY 2024-07. So moved. And are you seconding, Sarah? Yes, I'll second. Very good, thank you. The motion has been moved and seconded. Any discussion? This requires a roll call vote. The chair votes aye. Mr. White. Aye. Ms. Marshall. Aye. Mr. Slobner. Aye. The motion passes. Are there any final comments from the board applicants before the motion is made to approve the special permit? Not at this time. I would entertain a motion to approve the special permit FY, ZBA FY 2024-07 for Gabe Krause, Gabe's underground, and to close the public hearing. Is there a? So moved. So moved by Mr. Slobner. Is there a second? Second. Thank you, Mr. White. The motion has been moved and seconded. Is there any discussion? This requires a roll call vote. No discussion? The chair votes aye. Mr. White. Aye. Ms. Marshall. Aye. Mr. Slobner. Aye. The motion passes. Congratulations, finally. Good luck. Third time is a charm. That's right. Thank you so much. And best of luck. Good luck, yes. Yes, good luck. I resumed that space. I used that space for two and a half years. So it was a wonderful space. It has a lot of character. It has a lot of history. Yeah. Rob, do you have quickly update you on next steps? Yeah, sure. So so as I mentioned, I have to draft a decision document. I'll probably start that either tomorrow or early next week. I have to then solicit signatures and review from the board members, which may take a week as well. Then afterwards I'll file that signed document with the town clerk. And then once that's done, a 20 day appeal period will start in which I mentioned members of the public can appeal the decision of the board tonight to a higher court. And if and when that period passes, you would take the official document, true copy attest and the certificate of no appeal from the town clerk to the Hampshire County Registry of Deeds to be filed. And that's when your special permit becomes effective. In the meantime, you can't operate the business until after that 20 day appeal period has ended. And of course, once this decision document has been created, I'm going to put a cover letter on there that details all the steps for you. And I'll be sure to send that your way as well. So do you have any questions for me or for the board members before you log off today? Just one question. Will you be able to supply that list of conditions to us? So that'll be included in the decision document. So usually all the decision documents have those conditions. And they'll also have the list of a butters around you that we've notified as well. OK. All right. All right. All right. OK, thank you. Congratulations. All right, thank you. Good night, good luck. Good night, thank you. OK, there's obviously no public comment since there's no public. Do we have any other business not anticipated within 48 hours, Rob? No business, but I guess just a quick update on meeting schedules. So next week, February 8, we do have a public hearing scheduled, which I know three of you, sorry, two of you so far would be able to make it. And Mr. Judge will be back at that meeting. He's back in the country. And it's for a variance application for the property near Atkins Farm. Hampshire College is trying to build a mixed use building there. And the variance request is from a first floor commercial space percentage requirement. So the applicant is asking to take that 30% of the first floor and decrease it to 10%. So that's next week. Then the week after the 15th, the Valley CDC 4B project will be having another hearing date. And then February 22, the Shoots Bay Road solar project has another hearing date scheduled. And then another variance application for 40 University Drive and a flag lot special permit for Shea Street. So February 22, it's going to be a pretty busy meeting. Other than that, nothing else scheduled in March, Mr. Chair. That's all I have. OK. Yep. Well, given that, I will entertain a motion to adjourn. I'm going to second. Second. Very good. Philip and I will arm wrestle at a distance. OK. You can have it. OK. No, no. You were already announced. Offered enough. Hour and 20 minutes. That's a nice record for a meeting. Yeah. Last time was quicker. Yeah. Yes, it was. Yeah. I think I like Hilda's idea of not reading off all of those things that part applicable. Yeah. Steve doesn't. He just says all the numbers say not applicable. Yeah. Well, he'll skim them really quick. He'll know what each section is and say, oh, that deals with landscaping. Nope. Oh, that deals with trash. Yes. You put it in the form. Just don't put it in there. I'll leave it out next time. How's that sound? Thank you. I feel like I feel like it works as far as learning the role of chair is kind of training wheels and then learning, you know, as you go forward, what does need to be mentioned, what doesn't need to be mentioned. Yeah. Yeah. It's a big section. So it's, it's kind of overwhelming. I wouldn't be surprised. OK. Entertain your motion to adjourn. Do I do that already? Yeah. Yeah. I'll do it again. I'll do that all day. Yeah. We did our vote. Well, you didn't do your vote. Yeah. We didn't vote, but I have a sense. I know where it's going. You're right. Chair votes aye. Mr. White. Aye. Ms. Marshall. Aye. Mr. Sloveder. Aye. We are adjourned.