 All right, good to go The chair notes the time is 6.03. I call this meeting of the Amherst zoning Board of Appeals to order My name is Steve judge as EVA chair. I want to welcome everyone to this meeting. We begin with the roll call of the CBA members Steve judges present mr. Henry here Mr. Sloveter here Miss Marshall here a quorum is present also attending the public hearing tonight is a mr. Rob Wachilla planner for the town Pursuant to chapter 20 of the acts of 2021 extended by chapter 2 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 48 of general laws of the Commonwealth For the purpose of promoting the health safety convenience and general welfare for the inhabitants of the town of Amherst In accordance with provisions of Massachusetts general laws chapter 48 an article 10 Special permit granting authority of the Amherst zoning bylaw this public meeting has been duly Advertised and notice there have been posted and mailed to parties at interest All hearings and meetings are open to the public and are recorded by town staff And they may be viewed via the town of Amherst YouTube channel and ZBA web page the procedure is as follows 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 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 by pressing Star 9 on their phone the chair is 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 for the information about the project and public and input from the public is gathered Followed by public meetings for each the public meeting portions when the board deliberates and is generally not an opportunity for public comment If the board feels it has enough information and time 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 tonight's agenda Consideration of the meeting minutes from November from December 28th 2023 a public hearing on ZBA FY 2023-18 ASD shoots very MA solar LLC Request for a special permit under section 3.340 of the zoning bylaw to construct a 9.35 megawatt DC 4.4 megawatt AC grounded mounted solar both solar photovoltaic part array Spending 41 acres on a 102 acre site with the accompanying battery energy storage system and three parcels of land owned by WD calls ink identified as map 9d parcels 11 and 12 and map 9d parcel 27 on shootsbury road ro outline residents zoning district Frontage and access to the subject parcels of land is located between 187 and 201 shootsbury road This is continued from up from october 12th 2023 a public meeting on ZBA FY 2023-04 266 east hadley road to satisfy condition 55 In which the new owner meets with the zba to review the existing management plan in zba FY 2018-10 40 university drive to satisfy conditions 19 and 21 to review an updated management plan with the new business owner There's general public comment period following that on any matter not before the board tonight Another business not anticipated within the last 48 hours Uh, the first question is are there any disc disclosures from members of the board? If not, let's move to the meeting minutes from Uh, thursday december 28th. I reviewed them. I think they're well done and they seem to Comport with my recollection of the meeting Does anybody have any changes or modifications to the meetings? meeting minutes if not, I'd entertain a motion to approve the Minutes for december 28th 2023 So so move to approve Is there a second? second Any further discussion? if there's Given given that I was absent from that meeting. I'm going to abstain vote in Well, I wasn't there either, but I figure you need three votes. You need three The two people who were there Since we're in discussion, it seems to me that We really can't require we shouldn't require that people who are at the meeting approve the minutes because we've never get You know, it's just going to be too difficult to get the minutes done And we even have a chance of members getting off the zba and we've never been able to approve the minutes So, um, I don't think you have to be there But I you don't have to either vote for it either mr. Henry, but other people have said the same thing in the past as well so If there's no further discussion The vote occurs on the minutes I vote aye Mr. Henry I vote aye Mr. Sloveter. Aye Ms. Marshall. Aye. All right. We've got that done. Good. Thank you Um, the next order of business is a public Mr. Chair, I'll be interrupt you, but I hate to be that guy. Uh, was the motion Moved and seconded by members of the board. So I think we might skip that step. Yeah, okay Okay, thank you Sloveter May moved and Marshall seconded. Okay. I'm just writing that down. Thank you. It's good That's why we have good meetings good minutes from our meetings because you do that. That's why you are that guy The next order of business is a public hearing on zba fy 2023 dash 18 Shootsbury, Massachusetts solar LLC Is there Who's who's Representing the applicant tonight so we have Mr. Tom Reedy and then Corey from pierce guide, but mr. Chair. I just want to remind you that since We only have three members from that panel. We have to continue, but I just want to make sure that they Know that Okay, do you want me to do you want me to uh, allow for them to to speak on that behalf? Okay, Freeman just so that they Knowledge if that's what we're doing. Yep. I'll promote them right now. I'll also promote, uh, mr. Reedy Yep Hey, mr. Chair Yeah, you Acknowledged we know we we know exactly what's going on. All right. So mr. Reedy just give us your name for the Tom Reedy attorney with bacon Wilson out of Amherst here on behalf of Asti shoots brie m a solar LLC got it and Corey, I don't know your last name. So help me out with that and just tell them just for the record Yeah, good evening board Corey McCannless pierce sky energy Here on representing on behalf of the project as well We do understand The situation for tonight's meeting Um, and we look forward to continue working with everybody For the next meeting or for you know when we can We're gonna get back to it Exactly. Yeah. All right. You got it. Um So I would entertain a motion that we Continue this hearing until February 8th at 6 o'clock I think that's the right date. Is it not Rob? It is and I just want to double check that that date works with Everold and David does that date work for the both of you? I'm sorry. February 8th. Yeah, we just Um, I'm sorry. I'm a little bit confused. Are we just bypassing tonight? Aren't So, okay, just want to make sure everyone's it's a time that's good Yes, right. So we said if I live that long February 8th Worked for me Um, is there is there an alternate dates? I don't think February 8th works for me. So we could do um Let's see what we got So February 8th is a normally scheduled date, but we could also do The 22nd, which is the next scheduled meeting date after that or if you want to do an off week Let's do it. Let's do it on a regular scheduled day. Yep. Yep. So the 22nd would be the next best option Uh, to choose I can do the 20 I can do the 20 second David, does that Does that work for you David? Okay as of now? Yes. I can do the 22nd also Okay, let me just check my calendar as well. Yep. I know it works for craig. Um, his schedule is pretty open in february That works for me Alrighty So I'd entertain a motion to continue this hearing until february 22nd 6 p.m Well, I'm so moved mr. Chair Thank you Is there a second second Any discussion? Just that I'm not voting. I'm not voting on this. Yes. Yeah, it's marcia. You're not voting on this one. So, um Roll call vote the chair votes aye. Mr. Henry Aye Mr. Sloveter. Aye The vote is three to nothing emotional passes And we'll see you guys on february 22nd Thank you very much All right The next order order of business is a public hearing on the Excuse me a public meeting on Zda fyi 2023-04 east Hadley road to satisfy conditions 55 Condition 55 in which the new owner meets with the zba to review the existing management plan um Mr. Media are you representing the applicant? I am I've got uh everything on the agenda tonight mr. Chair All right, so we'll uh, we'll acknowledge that you've already introduced yourself um And you can make make a presentation. I have a couple of questions and Yeah, I mean, so this this is simple as the next one's going to be simple as well Consolidated Amherst Holdings acquired the property in august of 2023 end of august of 2023 um They've reviewed the management plan. We talked about it. I mean this this process with them started last year Uh, I forget exactly when we had submitted. We had I've been in touch with um Mr. Wachilla at the end of last year um kind of going back and forth of Getting to this meeting. I've talked to the new owners. They've reviewed the management plan And they're just keeping things status quo. So they're they've reviewed it. They're accepting it With all that it has and then once they really get their feet under them and have an opportunity to see how this particular Development runs then they can always determine at that point Are they going to make any changes and if so we would come back before you for any modifications? But at this point, you know, the way I read the condition is You know, make sure that it's confirmed that they've reviewed it which they have and then Secondarily see if they want any changes and then it's up to you to determine if those changes Kind of rise to the level of going to a public hearing and right now They're just saying what it is is we're we're going to keep the status quo so, um I had a couple of quick questions first the management plan that we were looking at was dated october of october 28th and I'm wondering if that's the is that the most the Final management plan because I know that we had We we went until december and there were some changes after there were some other discussions after that I don't know miss marshal you were on the panel for this if I remember correctly And I'm just wondering if it's this is the final final Management plan. I noticed it was approved in december uh 15th Yeah, I think it was dated october But you're probably gonna say exactly what I'm gonna say that these are the approved versions that Rob had sent to me and then I had sent along to the new owner and this is what they had reviewed I mean if you want us to update the owner section and like little things like that were happy to right So the owner isn't va amherst No, it's consolidated Consolidated amherst holdings llc. So okay, so that's and it's not in their address and all that is different Yeah, yeah, precisely. It's it's a it's a new owner. So we're happy to update that the purposes like The crux of that management plan. Yep. We're following it. All right. So update owner. That'd be one thing Um, I also noted on this if you I don't know if you were representing them at the time, but there are a couple of Contentious issues that I just want to make sure the new owners Recognize they were in the conditions and they aren't in the management plan So one of which is regarding the security services the management the management plan we have before us Talks about a weekend having weekend Security personnel on site the conditions specify the hours for that and that should probably be in the management plan Yeah, we can update that and yeah, mr. I had I did represent I mean I had come in with redwood when they were going through the process and Kind of brought him across the finish line and remember very well all those conversations. So that was something You know that I had talked to the new owners about was the like looking at the permit too Because it's not just the management plan that that is what it is But it's really the permit that governs how they have to run this in the management plan But if yeah, if you want to stop the management plan to include the language from the condition, that's easy We're happy. Yeah, that's easy to do. Let's just make sure it's there because it's just a it's There's ambiguity and I want to make sure it's it's there and the other thing was This is I know this is um Maybe trite, but it's bike racks There was a lot of talk about bike racks and This says they're going to be built on building 97 and 105 and if you look at lc 200 You can see where those bike racks are supposed to be I looked at what the lc 200 that I could find on the website and the no bike racks on any place So I think what I what I would like to do what I would suggest mr. Riedi is that we asked rob to go back and review that I think that was all down in the last meeting the bike racks because there was a couple of It was a source of discussion And I'd like you to review that and see where we came down and make sure that that's reflected in the plan Miss marshal. Yeah, the bike racks were definitely on the site plan because Yeah, they took the covered You know square footage Tiny bit over and then we needed to wave Exactly. Yeah, and so I think that this I I'm thinking that the site plans Reference from the management plan are not the final site plans So what I'd like to make sure is that we coordinate that Yeah, no, all right, so That makes sense and then you do I was looking at other things and I see that you do mention who's doing the snow removal and And the the trash removal as well. Yeah That's all on the management plan I'm just going through my notes real quickly I just want to make sure we get this all so you don't have to come back for these kind of minor things So, mr. Chair, did you um Want me to coordinate with mr. Reedy After this meeting or like sometime during the day next week or something to to I guess coordinate the exact site plan that's going to go in the management plan to be attached to it Okay, I just want to double check on that So I think the motion would be I mean, well, if there are other questions I have an idea of what I think the motion should be but would you have some discussion? Okay, miss marshal Yeah, I'm maybe I'm confusing this with a different project or Maybe I'm not but it's specified elsewhere Maybe in the permit that did we not ask for or agree to cameras outside doors? Yeah, yeah, we did and it's in the conditions, but okay We can put that in the management plan too, but I don't have to repeat everything No, I don't know what's appropriate. I just wanted to be sure We did say a new owner knows about that But I recall correctly. We said manage that there should be Cameras on every door used by tenants but not used for maintenance. I think that was what we were Yeah pointing to if I remember correctly Okay all right, so what I Are there other questions or From the board So I would then I think the motion that we Hold on There's one of the things that there's isn't there a conflict between 55 and 58 Rob, I'm sorry. I just discovered this before the The meeting Condition 55 says we're supposed to review Hold on. I'm just going to pull it up And I don't mean to surprise you with this but I like I say I just came up with it and looked at it before the meeting condition 55 has Um says as the property versus are sold The applicant comes back to and read to us to review and determine is still applicable and decide whether or not to hold a public Carrying to review the management plan. That's the first thing And then 58 says new property owner shall return to the zb at a public meeting for review and approval of the For review and approval of the updated management plan So we have two things that really are operable at this point two conditions and I think we can satisfy 55 by by um approving it via pursuant to 58 So it sounds like um And this is my interpretation mr. Cherry. You could you know take it or leave it but Seems like 55 is the condition we're satisfied and tonight but 58 Suggest that they have to make these edits and then come back at the next meeting To have it reviewed for a final approval by the board To the management plan But you know what's going to happen is if they're going to take a look at this plan and they're going to come back with a Another management plan at some point that we either have to approve Although we have to approve They have to come back with another management plan In a public meeting and a public meeting and we have to approve it So if I could maybe you look at 59 as well And it's probably you know, you got approved management plan shall be followed any changes to the management plan Shall return to the zba at a public meeting. So again You got to come back updates and well, I think my suggestion would be um If you can approve This evening any updated management plan in accordance with what you have said with the Inclusion of you know update the owner inclusion of security guard and then making sure that the bike racks is accurate That can be your motion and approval this evening and then Subsequently if the owner says well geez we then want to change these other things we come back separately They're they don't have any intention to do that, right? We're just here to say we got to get our feet under us with this Let's make sure it works and then we can figure out if there's ways to tweak it No, I think that I think that we can do that. I think that approval of this management plan under We satisfy 55 and 58 If we approve this management plan and then if you subsequently made further changes If your client looks at this and says we really want to change x y and z you got to come back I just want to make sure that we Acknowledge that we have 55 58 and 59 as conditions regarding coming back to the board if you have subsequent changes so It seems to me that the motion we should make tonight is To approve the management plan contingent on the Updates that we've spoken about security bike racks What was the third thing? security Bike racks and then cameras security bike racks and cameras. Yes and the owner Robin the owner So four things those four things get that to and that That is presented to the building commissioner to rob into the to rob and rob and would be considered Approved when that action takes place Does that make sense? all right Does somebody want to make that motion? Good luck Trying to make that motion miss marshal I am moved. I move that we approve the management plan before us As long it is is updated to reflect the new owner uh the security guards cameras and The bike racks And also, um, it was the security guard hours. Oh, I'm sorry that yeah It does mention the guard so the hours of the security guard as well as the cameras the bike racks and the owners new and we get and we get good and I just Add to that we get the accurate site plan that we're working off the right site plan I hope that's in the permit, but if it isn't right well, it should be in the permit, but yeah the reference here is wrong. So okay Yeah All right. Is there a second to that? second All right It's moved and seconded Um any further discussion? If not the vote occurs on the motion the chair votes. I Mr. Henry I Mr. Sloveter I Ms. Marshall I All right. Okay. Mr. Really, that's good. Just get that into rob and rob all right dynamic duo and uh, we can You can go forward and then when you have other changes when you they have other changes We'll see you then we'll be back. Sure. Thank you All right. The next order of business is zba fy 2018-10 40 university drive to satisfy conditions 19 and 21 to review an updated management plan with the new business owner Mr. Reedy do you want to give us just the background here real quickly? Sure um, so this is 40 university drive formally known as savannah's um There is a new operator Taking over the space changing it from savannah's to what's going to be called amherst public house Upscaled pub food craft beers wood fire pizza. I mean they've got a fantastic pizza oven inside We were in front of the local license commission on december 28th and received unanimous approval for transfer of the liquor license from savannah's to amherst public house um, the owners paul tupa and peter lucido their Professionals restaurant or as they own I think it's four restaurants out in plinth Both u-mask grads really great guys very professional They are taking on both this amherst public house and then amherst burger company clothes, which is nothing to do with zba But they're also taking over that space and doing an uptown Tap and grill and so, you know, I think they're very bright to have a couple of spots in town to Be able to support the each Restaurant and so this one amherst public house Um, there were minimal changes to them to the management plan. It was really just like the additional management information From savannah's style of that kind of fine dining to the upscale pub food is what they're going to be Proposing there and the hours of operation savannah's was really only open Like 4 30 to maybe 8 30 a few days a week and so they're they're looking to open for much Longer hours. I mean they're looking at You know, monday tuesday wednesday and sunday 10 a.m. To midnight No, I don't know that they're going to be open that whole time But just to have that ability for like sunday brunches Or opening a little earlier on a sunday and then thursday friday saturday again 10 a.m But to 1 a.m. So they've got more flexibility in the hours and I think it's just going to be a different concept They've updated the interior of the space cosmetic only with some like barn boards and some different colors Adding a couple of tvs. So I think you're just going to have a different feel a cozy feel when you go in there And so that's I mean that's what's there before you Paul's on if you want to talk to him Uh, you can make him a panelist But like I said, great guys connected to the university professional restaurant tours I think the town will be very I mean we're lucky to have him. I think the town will be very pleased to have him in these spaces You can make him a panelist Yeah, I could do that. I just wanted to get your confirmation on that Hey paul you're live But muted what muted There you go All right, okay So I had one just oh mr. Tupa. Just give us your name and address to the record. Um, my name is paul tupa Um, I live in pembroke massachusetts um, but Um, I have one question Get a couple of rest Sure I had one quick question the Existing special permit has hours until midnight on the weekends, and I know you want to go to one o'clock um Number 14 says uh condition 14 says hours until midnight Do we need to amend at later date? Do we need to amend the special permit? Do we do that now? We We're just in a public meeting. We're not in a public hearing. Um, you know, we have we have a conflict there of your of your desire and what's in your management plan and what's in the in the uh The special permit and I don't want you to get caught on that down the road You know somebody say you have to close up at midnight when you got a full house at 12 30 So if I could um speak to that one for you So I did talk about this internally with with the building commissioner. Um, and we he suggested to me that Since the hours operation can be addressed in the management plan That if you put that in the management plan that's being updated and submitted to the board tonight um That technically would suffice In terms of code inspection and code enforcement The only thing is we just have to attach to these meeting minutes that discuss The change of the hours of operation to the actual permit file For this special permit that way it can be referenced when a code official has to do an inspection on the property for whatever reason um So that was suggested to me um without having to Have the applicant modify the special permit just to change the hours of operation by one hour Yeah, it seems to make sense with me and that provides protection for the applicant It saves us having to have another meeting and putting everybody through this. So Ask one question. Yes, mr. Henry. Are there any Um time restrictions with the liquor license No, we have the we actually got the approval before this was submitted. So we had the Time approved by uh, the license commission first before we came before you Okay All right any other questions mr. Slobner Um, I have two questions. Uh, are you making any exterior modifications to the building other than Changing the sign obviously you're not going to still call yourself savanna Uh, no, no exterior changes Um, except to the signs and I've already talked with rob and rob About the changes to the sign and they said just handle that through inspection services Okay, and my other question I don't remember the part but I read through everything this afternoon and in Some somewhere in either your application or or something you mentioned um Back music that will be background music and live music Is that a change what did savannah's? I was only in savannah's once did savannah's have live music. I don't think so they had the ability. So this is It's the same uh live or pre-recorded entertainment It's actually accessory use under the the zoning bylaw and we had asked for it when savannah's was approved and it's the same here So while they might not have had it they had the ability to have it. Oh, okay, okay So you're not that's not a change You're you savannah's had the ability to have music chose not to You will have the ability to have music and may or may not choose to have it But your that is not a change to the operation and you're bound by the regulation Of 70 decibels at the property 70 at the property line So that's also not a change. Correct. Good. Thank you Mr. Wachila Just want to add a clarifying point to mr. Sliver's comment too. Um, so Usually for other uses, um If they if the board wanted to be more restrictive On their ability to go to live music right away that could instill a condition That requires them to come back and speak with the board But in this case that didn't really seem to be an issue So they do have that ability that unrestricted because the use which is considered an accessory use to the main one Which was the restaurant Was allowed anyways It It's I I raised the question only for clarification And I'm only interested in 70 decibels at the property line. I don't actually care what they How they exercise their live music option. So I'm I that was the only reason I raised it. It seemed like it could possibly be a change I'm glad it's not So it's fine Good question All right Any other questions? All right, so I would um entertain a motion That we approve the Um management plan With the changes to the hours Uh on weekends until one o'clock But that be attached to the file Um Yes, miss marshall, I believe they are also starting earlier. I heard 10 30. Oh, yeah So we'll just say change in hours as reflected on their mat or updated management plan and that we We don't accidentally mess them up Um And that's attached to the file Did I just hear some move by mr. Henry? I'd like to ask one more question if I say yes, you bet So with with the longer hours, I see that there's only 28 parking stalls Does that mean parking spaces with longer hours? Is there what is the plan for potentially more patrons in parking? So I think this there's 31 parking spaces all together. I think 20 of them are non ADA three of them are ADA Um, there is a condition of the approval that would allow There's a parking agreement between 25 35 university drive, which is across the street and this property in case there is overflow parking what I'll say practically is Uh, if you look at the parking right next door, uh, you know where the um the hangar is and that I mean a lot of those uses are really 9 to 5 greenfield savings bank camons real estate, etc, etc. So there's there's going to be parking available if necessary Either across the street or I would say even next door Okay, so there's no concern that people will park the university drive. No, no Yeah, I mean it's limited by capacity anyway once you fill the restaurant Okay Staying with parking does the restaurant Have a right to use the parking lot where the eye the optician is located and the hangar is that Do they need an agreement or can they just use it? Is that already a done deal? Yeah, so that um, There is no formal agreement technically to get into the weeds a little bit under zoning I think that we could not count those parking spaces for this use just because those parking spaces Mr. Eye doctor hangar are needed for that use Uh as a practical matter I mean just even what savannah's people would park at the hangar go inside come over to savannah's go back to the hangar after And so I think it's just more of a We know the landowners of gleason jaundro. They're terrific. They actually um You know if They do the snow plowing if they need anything if we need anything they're right there So if there's an issue we can talk to them, but I don't see it getting to that point We just on it. There's nothing formal. We couldn't get there if we have to But okay, you know that there there rows and rows of parking spaces in that parking lot You go all the way down to the greenfield bank There's if you had that if you were that successful at that much business That would be a really good thing for the town I would be really happy about that. I don't think I've ever seen that parking lot get packed before Yeah, but if you need it, you know, if it doesn't work out you need to give an agreement. That's what you have to do Okay, so, um Any other questions those are good parking questions if not I'd entertain a motion that we approve the management plan with the Changes to the hours as referred to and I think it's your extra Your document additional information. Yes And have that attached to the five the special permit To permit To avoid any confusion as to the permitted hours for the operation of the restaurant So moved to miss a chair. Is there a second? I I can We got two seconds. It's great I defer All right, we're back to one. All right The vote occurs on the motion the chair votes. I mr. Henry. Hi Mr. Sloveter. Hi Ms. Marshall. Hi The vote is unanimous. Um for to nothing so moved and Congratulations, mr. Tupac. I really hope you're successful. Um, that was We could use a restaurant in that position down there on that location. It'd be great. It'd be a good time Thank you. Thank you very excellent. Thank you. Thanks very much. Thank you um The next order of business is a public comment on any matter not before the board tonight Mr. Reedy, thank you. Thank you. Good seeing you. Happy new year. Bye. Bye Do we have Any attendees who wish to speak any panelists if you do Raise your hand use the raised hand function on your screen to so indicate I see no, uh raised hands. I see no indication for a public comment No matter if not for the board tonight The next order of business is new business. Um Rob, you could talk about the schedule upcoming schedule what we have that'd be helpful for board members And that anything that anybody wants to raise Sure, um So I do have a note. I have to ask you about one of the upcoming meetings. So let me just go through my list real quick Alrighty so Next Wednesday January 17th Is actually the continued hearing date for the proposed nightclub slash restaurant at 23 to 25 north pleasant street known as games underground That is their second public hearing Um They are going to be providing a bunch of updates to their management plan And um finalize that discussion for that public hearing Um, mr. Meadows is a part of that and he'll be back for it But mr. Judge you originally went to the site visit anticipating that you'd be on the panel But we understand that yet other matters come up. So that will be a four-member panel Um, then the week after that's January 25th. We do have A public hearing scheduled but this one is for a town of amherst project So I'm sure you're all familiar with the fort river elementary school project That's been talked about for the past couple years The zoning board does have to approve Construction within a zoning district known as the flood prone conservancy district And part of the school building is going to be touching that zoning district So the way it works is in order to build the school They have to get site plan review approval from the planning board Because a part of this building some outdoor structures and a giant pavilion They're trying to construct are within the fpc zoning district which Kind of cuts the property in half Zoning board has to approve it through special permit So they have to get approval from both boards So I guess the question I have for those in attendance tonight If any of you would be interested in serving on that panel on january 25th We don't anticipate it going beyond just the one hearing because it's a town project and If anything the zoning board's not approving the use itself You're just approving their ability to construct those Buildings in the flood prone conservancy district So I don't know if any of you are available that date, but that is a normally scheduled zba meeting It'd be two thursdays for now That's that's the week. I'm not available. I'm out of the country. Okay And I'll still be out of the country Two other countries I think I'll be conflicted. Don't you? Yeah, you're you got a con maybe got a conflict there So sarah, let me ask I wrote to the town clerk, but I haven't heard back. I don't know if she's on vacation or so I can follow up with her next week and ask Because it seems like you know with Everold and steve being absent. We might have to find three other members Mr. Silver are you available that date? No, I am I am not available It is it is robert bern's birthday and I will be leading a bern's dinner and reciting Ode to a haggis from memory Wearing a kilt wearing a kilt I hope you're drinking some scotch and that So I guess you don't have to eat the haggis. No, that's true. I'm not I think you're my my ancestors left scotland specifically because of haggis. Yeah. Yeah All right, so three of you won't be able to make it so sarah It's our good Are we bound by that date given so many absence? Can that not be more? Yeah So, um, I can see if we can scrap together um four members if we can't we could just See if we can vote to continue it with three members if possible Otherwise, they're gonna have to withdraw and resubmit. Um Which is fine. It's a town project. They don't have to pay like an application fee But you know, that's the realistic situation. I mean what I could do is I could check to see if sarah Can serve on that panel if it's not conflict of interest. Um We have three other people I could ask And if they all say yes, then we have a full panel not a big deal Um, again, this is like a project that's just going to be a one and done You're not really talking about much besides what's allowed in that district. Um, and it's only like a quarter of the building But it's not urgent. It doesn't have to be right. No, it doesn't it doesn't Yeah, exactly Yeah, but it would be nice to it would be nice to get out of the way. So, yeah Get out of the way and it goes to the plenty Sorry, good other people Rob go for it. If not, we'll just schedule it into later in february or march Okay, um and then in terms of the rest of The meeting schedules, I'll go through really quick. I know I spent a lot of time with that one Hold on. Does that mean there won't be probably or there might not be any meeting on the 25th If so many members are away or there is there another matter that I could definitely participate in So, um, you know, if you're clear to serve on that panel, you could be on it. We also have hilda Phil philip and then craig So any other business possible any other No, okay, just that one. So if if this we can't get a full panel together It's just gonna have to be a canceled meeting. Um And so we can find a different day to do it. Uh, not a big deal It might delay it because they go to the playing board on uh, wednesday So, uh, that's just you know, that's just the reality of it. We're all busy. It is what it is So just going real quick for february. So february 8th, we have a public hearing scheduled for a variance Uh, it is for a apartment mixed-use building near akins farm for hampshire college um, and then we have February 22nd is the public hearing for the solar that we just moved and then February 15th is our next hearing dates For the valley cdc 40b project. So that's all I had mr. Chair for updates. Um, Thank you all for for, you know, slightly declining That january 25th panel, but you know, I'll figure it out. I always do All right Any other matters which members want to raise? Okay If not, I'd entertain a motion that we adjourn So moved And seconded by mr. Sloveter. Oh seconded Uh, the motion is not debatable the chair votes. I mr. Henry. I mr. Sloveter. I Miss marshall. Hi, it's unanimous. We're done All right, thank you all have a good