 two, and we're ready. The appointed hour of six o'clock having been reached, I call this meeting of the Amherst Zoning Board of Appeals to order. My name is Steve Judge, a ZBA chair of Amherst Zoning Board of Appeals. Pursuant to chapter 20 of the acts of 2021, 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 is recorded and may be viewed on the town of Amherst's YouTube channel and the ZBA webpage. In accordance with the provisions of Massachusetts General Laws Chapter 40a in Article 10, Special Permit Granting Authority of the Amherst Zoning Bylaw. This public meeting has been duly advertised and notice that Rob has been posted and mailed to parties at interest. We will begin with a roll call of the ZBA members and panel for tonight's meeting. Steve Judge is present. Ms. Parks. Here. Mr. Maxfield. Here. Mr. Meadows. Here. Mr. Gilbert is not here. That gives us a panel of four of quorum sufficient for doing business as the ZBA. Also attending the public meeting is Maureen Pollock, planner with the town, and Rob Mora, the building commissioner. Is there anybody else from the town staff that's going to be on here? Nope. All right. Thanks Maureen. The Zoning Board of Appeals is a quasi-judicial body that operates under the authority of Chapter 40a with the general laws of the Commonwealth with a purpose promoting the health, safety, convenience, and general welfare of the inhabitants of the town of Amherst. One of the most important elements of the Amherst 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 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. The chair with the assistance of the staff will call upon people wishing to speak. When you are recognized, provide your name and address to the board for the record. All questions and comments must be addressed to the board. The board will nominate hold the public hearing 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 has enough information and time, it will decide upon the applications tonight. Each petition heard by the board is distinct and evaluated on its own merits, and the board is not ruled by precedent. Statutorily, for a special permit, the board has 90 days from the close of the hearing to file for a variance. The board has 100 days from the date of filing of the variance to file its decision. No decision is final until the written decision is signed by the sitting board members and is filed in the town clerk's office. Once the decision is filed as a town clerk, there is 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 Ds to take effect. Tonight's agenda, a public meeting on CBA FY 2022-18, Joel Greenbaum, for the review and approval of the updated site plan, building elevation, and photometric plan relative to changes to the height of a wall, mounted light fixture, and changes to the driveway width from 17.7 to 18 feet wide, and review of approval of submitted basement floor. Pursuant to conditions 2, 3, and 4 of the previously approved special permit, ZBA FY 2020-14, located at 77 North Whitney Street, Map 14B, parcel 98, General Residence, RG, Zoning District. Public hearings on ZBA FY 2022-16 and ZBA FY 2022-15, Killering Properties LLC, doing in care of valley property management, request a special permit to allow a non-owner occupied duplex and to request a special permit to extinguish the previously approved ZBA FY 1992-52 special permit under Section 3.3211, 10.33, and 10.38 of the Zoning Bylaw, located at 80 Pine Street, Map 5A, parcel 86, Neighborhood Residence, RN, Zoning District. This matter is continued from our June 23rd meeting. In ZBA FY 2022-17, CNS Home Solutions LLC requests a special permit to allow an increase of the number of residential units converted dwellings from 1 to 2 under Section 3.3241, 7.9, 9.22, and 10.38 of the Zoning Bylaw, located at 485 Pine Street, Map 6A, parcel 38, Neighborhood Residence, RN, Zoning District. Following those matters, there will be a time for a general public comment on any matter that is not before the board tonight, as well as any other business not anticipated within the last 48 hours. The first order of business, oh before we go to that, are there any disclosures for any of the matters on the agenda tonight? If not, the first order of business is ZBA FY 2022-18, Joel Greenbaum for the review and approval of the updated site plans, building elevations, photometric plan relative to changes to the height of a wall, mounted light fixture, and change in the driveway width from 17.7 to 18 feet wide. And review and approval of submitted basement floor pursuant to sections 2, 3, conditions 2, 3, and 4 of the previously approved special permit ZBA FY 2022-14, located at 77 North Whitney Street, Map 14B, parcel 98, General Residence, RG, Zoning District. The items we have, submittals we have from the applicant include a, we've got a site plan modification for the driveway. We have the, I thought we had the light fixtures and also we have the basement floor pan. Do we have light, did they submit a cut sheet on light fixtures or did they just change, they just changed the height? Yeah, it's the same light fixture type. Yep, but it's just changing height. Okay. Mr. Maxfield, you were the, you chaired, I think, the hearing on this. Do you have anything that you want to add or? No, I think it pretty much covers it. I think it's just a review of those things for the board to see. Yep. Great. And Mr. Chair, we have Chris Farley, the architect representing the applicant tonight. Sure. Mr. Farley, do you want to give your name and address and introduce yourself to the board for the record and then proceed to explain briefly the changes required by the conditions 2, 3, and 4? Of course. Thank you very much. My name is Chris Farley. I'm an architect with Cune Riddle Architects 28 Amity Street in Amherst. And the listing of those three modifications is complete. We are making the width of the driveway compliant. We've lowered the lighting fixture, building mounted lighting fixture from just under 20 feet to 12 feet above grade. And we did include the basement floor plan on the architectural sheet for reference. I think it's as straightforward as that, but I'm happy to answer any questions the board may have. Thank you, Mr. Farley. Any questions from any questions from members of the board? Seems pretty straightforward. Yes. Something came up about the requirement from the state to put in charging stations and allocate spaces for electric vehicles. I realize that that didn't come up at the last meeting, but I didn't come up at the last meeting hearing on this, but it came up at the last meeting. Maureen, has that been looked into to see if that's applicable for this site also? So to back up a little bit. So let's see here. Any building or state building code requirement for this project or any project the applicant would need to comply with. And there was a mention about making residential dwellings for multifamily homes EV ready. And that is part of the energy code. And so when the applicant goes through his building permit application process that will be addressed. At the last meeting, though, Craig, you had mentioned about a certain percentage of cars need parking spaces need, if there's so many parking spaces, a percentage of them need to provide EV charging stations. That is not applicable to any application before the ZBA. So I did look into those regulations and it was specific to like an airport or some other development that the Commonwealth put regulations on. So I just wanted to clarify that. And Mr. Mora, the building commissioner is raising his hand. Mr. Mora. Hi, I just wanted to add to Maureen's comments that the requirements for EV ready are different for one and two family and they're in our building and energy codes. Unlike the commercial code where it does require a little bit more work to occur by bringing the service point out to the parking area in the one and two family code. It's more designed to be part of the building, more like a receptacle in the garage or something like that. So it's not as extensive of a installation as it would be for a commercial building, which would be three units of residential dwellings or greater, anything bigger than that. Three units or greater? Three units or greater transitions out of the one and two family residential code to a commercial code where that provision becomes applicable. That we've seen in recent cases where we've brought conduit and boxes out into the parking area to be truly ready for the installation of an EV charging station out in the parking area. So this is more than three units, correct? This is a two-unit building. Yeah, but the combination of the two buildings, is that not more than... No, the building code is applicable to the structure. So there could be multiple structures on the property that amount to more than two, three or more units, but it's building based and this particular building is a two-unit building, so it follows the residential code, not the commercial codes. Great, that's good to know. Thank you. Great. Other questions or comments from board members? Great. If there's no further comments, I think we should vote on the accepting the submissions from the applicant and agree that they meet with conditions two, three and four of ZBA 2022-14, the earlier one, and approve this ZBA 2022-18. Do I have a motion? Mr. Macfield, is there a second? Second. Motion is seconded. Is there further discussion on the motion? If there's no further discussion, vote occurs on the motion. Chair votes aye. Ms. Parks? Aye. Mr. Macfield? Aye. Mr. Meadows? Aye. That's four votes. That's sufficient for passage of the adoption of the special permit. So moved and approved. Thank you very much. All right, good luck. Thank you. Thank you. The next order of business is ZBA FY 2022-16 and ZBA FY 2022-15, Kilarine Properties LLC, Care of Valley Property Management, requesting a special permit to allow a non-owner-occupied duplex and to request a special permit to distinguish the previously approved ZBA FY 1992-52 special permit under sections 3.321, 10.33, 10.38 of the Zoning By-law, located at 80 Pine Street, Map 5A, Parcel 86, Neighborhood Residence District, RN, Zoning District. This is continued from our June 23, 2022 meeting. This is a proposal to have to extinguish a previously existing special permit and to replace that with a new special permit. At the last meeting, there were several requests from the board as well as from abutters and neighbors regarding this project, this application. In pursuit of that, we have received numerous submissions from the applicant and from staff since that time. Let me go through briefly with those submissions. We have an updated sample lease with specifics to the property. We have a tenant building management summary. We have an updated, we have updated business plans showing the dining room door is to be eliminated, which was raised at the last meeting. An updated site plan showing a singular sign, which there was just debate about the board from the board and the applicant about whether it would be a single sign or a sign for each parking space. There's a parking management plan. There's a sample resident only parking sign submitted of a submission of a bicycle rack specification sheet for a seven bike rack. An email from Alan St. Hilaire regarding 80 Pine Street dated July 5th. An email from Alan St. Hilaire regarding 80 Pine Street dated January 28th or June 28th, excuse me. An email from Alan St. Hilaire regarding 80 Pine Street neighborhood outreach dated July 1st. And also an email from Alan St. Hilaire dated July 13th, 2022, which contains numerous, many of the resubmission of many of the items previously noted in the submission list. Staff submittals included an email from Mr. St. Hilaire from 80 Pine Street dated June 28th. MA Corporation search entity summary regarding killering properties LLC, maps of owner occupied properties within a thousand feet of 80 Pine Street, non-owner occupied properties within 1,000 feet of 80 Pine Street, single family homes, properties within a thousand feet of Pine Street, two family home properties within a thousand feet of Pine Street, eight units, or larger properties within a thousand feet of Pine Street, and a list of complaints filed on properties owned by killer and properties that data that the list is dated October 21st 2022. I think that is all the submissions. Is it not Maureen? I believe so. That's it. We conducted the site visit before so that doesn't have to be reported on. I guess what I'd like to do is ask Mr. St. Hilaire for the applicant to go over the changes that are submitted from our meeting back in June. Speak to those and then we can open it up for questions from the panel. Thank you Mr. Chair. I will be happy to review our updated submissions and changes. I'll just go through them point by point and happy to answer any questions at the end of the review. We have at the request of a couple of board members updated the parking plan to define the edges a bit better and number the spaces to hopefully make them more identifiable. We've also submitted an additional parking management plan as to how resident parking will be managed with you know combination of collecting their vehicle information with their applications to issuing parking passes and the signage that you mentioned earlier about resident parking only. We've also submitted a tenant management plan summary which includes some photos outlines our philosophy of how we select tenants and how we set expectations right from the start when potential tenants view these properties and kind of point out and explain the neighborhood and how it's mixed use and there are several residential properties in the area and how they need to conduct themselves. And beyond that we did include some photos of the levels of finish that we're implementing in these additions. We've had a couple of recent projects approved through the zoning board in town and those photos I've included to kind of show that we're building high-end units here granite countertops hardwood floors custom cabinetry with you know which further underscores our commitment to finding and placing good tenants. We certainly wouldn't want to have tenants that would not care for the property and not respect the neighbors because we're making a significant financial investment in the property which is an improvement not only to the property but to the neighborhood. We also resubmitted the additional information for apartments pages of the application pages 9 through 10 and 52 to 53 in the original packet just to kind of clean up that language there's some formatting errors and also to clarify consistency between the lease language and the applicant package language. We also worked with the the neighbor to the east Mr. Alejandro his attorney John McLaughlin we co-authored some finer lease language and guest policy language as well as a couple of proposed conditions on the permit that would address the concerns of the neighbor so as to any noise or disturbance or illegal activity complaints that may happen on the property and how they're to be addressed and what the implications are for any kind of recurring issues with the tenants which if you know if there's more than two more than two incidents that are documented then they could face termination of lease and eviction under mass law. So according to that neighbor's attorney Mr. McLaughlin that assuages their concerns they are happy with the proposal I believe he's also going to comment when it comes time for the public comment to confirm that agreement but my understanding is that we've reached a point of agreement as far as how any noise complaints will be handled and that we are going to have tenants that conduct themselves in a neighborly manner. The last thing that I'll mention is we did clear up a couple of points of confusion on the site plan pointing out where the bike rack trash storage no parking sign and also there was one light that was not clearly labeled which is now labeled building mounted light. I believe that summarizes all of the submitted changes. Mr. St. Hilaro I also see in your email July 13th two additional conditions regarding leasing units on the subject premises. It's entitled the following conditions are also agreeable between the applicant and the abutter to the east of the subject property 84 Pine Street. Mr. Alejandro with assistance of attorney Mr. J. McLaughlin. Those is that accurate representation of your position as well that's condition 17 and 18. Yes it is Mr. Chair. Okay thank you. So those should be added to the list of conditions. I mean I'm proposing that those should be added to the list of conditions we can vote on those later on. And one other question I had is I see on the site plan that there are the parking plan the demarcations of the parking spaces on the site plan have red lines along then I don't know and could you describe how you how you intend to demarcate those parking spaces a little closer it's or more more visibly for the tenants. On site our plan is to install concrete curb stops at the head of each parking space that has worked very well for us in the past projects it gives them a place to line up to it outlines where each parking place is they're durable and lasting and aren't going to wear away with snow plowing and so forth. All right great are the questions from members of the board okay if not in the hearing we should have public we'd open it up to public comment. I see we have one Mr. McLaughlin the attorney for the a butter has raised his hand. Mr. McLaughlin can you please identify yourself and your address for the record. Yes and then you have three minutes approximately to state your case your concerns. Thank you Mr. Chair my name is attorney McLaughlin Green Miles Lipton 77 Pleasant Street I'm here tonight on behalf of Carmen Roulon and Roberto Alejandro who live at 84 Pine Street. I want to thank the board for suggesting dialogue between the applicant and my colleagues. We had email communications phone communications multiple drafts and we were able to reach resolution of the matter at least and we hope that the board is can agree with what we've done what was submitted that resolved my client's issues with a new sample lease and they also the there's a group of agreeable conditions that we agreed to do and one of the conditions itself harkens back to the Amherst complaint response provisions and those were submitted also with the new sample lease and the new proposed conditions in essence one of the conditions says if there's you know breach of the lease provisions pertaining to noise nuisance alcohol sales in the guest tenant the guest provisions then it harkens back to the Amherst complaint response provisions so we'd like that to be you know noticed and included but if the board accepts what I've worked out with the applicant my client's withdrawal objections would speak in favor of this thank you mr. McLaughlin is there any other comments from the public doesn't look like it I don't think so I just wanted to give people time to because that went quickly all right nobody else mr. santa lair do you wish to respond to anything from mr to the public comment no we are in agreement attorney McLaughlin and I are in agreement great any further comments or questions from the board if not let's move to the public meeting portion where we discuss the merits of this these two applications and I guess I'd start out by saying that I think this is a case where we're it is a case where there's a sensitive neighborhood in that it's about of two-thirds generally two-thirds owner occupied residential units one-third rental units so it's not a neighborhood with without rental units and non-owner occupied nor is it a neighborhood which is predominantly non-owner occupied rental units so it's important for us to be careful and to consider it can be considered in our decisions and use the guidance of the zoning bylaw to to decide how we vote on this this particular these matters and this matter in particular I am also impressed with the response from the applicant to the concerns of the neighbors and I'm impressed with the improvement in the property management and the reduction in complaints of killer and owned properties or O'Connell owned properties before and after management by valley management it seems to be a case where there's better management currently than there had been in the past so those are I think positive factors for me in considering this application I also know that this product this property has been rental property for a while and so it is not a change in the rental property while it is it increase in the potential number of renters and people that can live in this space compared to what there was before or there currently is so for all those reasons it seems to me that it is something that we should we have to do our due diligence but this seems to me to be a reasonable request from the property owner and the two motions one to extinguish the previous special permit and this one to create a new special permit with conditions seem to me to be a reasonable proposal and one that I would support but that being my summary I'd love to hear from any other board members who either agree or have other concerns or feel otherwise Mr. Maxfield yeah I just want to agree for that sentiment there I think as long as we can make our findings on this matter it's the if the neighbors the butters are okay with it then I think we can move forward as again as long as we make the findings yep okay thank you Mr. Maxfield any other comments Mr. Meadows but you're muted correct I'm very much in agreement with everything you said I'm very impressed that the that the homeowner and the management company have worked this out with the neighbors attorneys and and have come to a conclusion that is satisfying to both of them apparently and I think this is a very excellent indication of how the ZPA can help both sides on these these matters I think that's a really good observation and if I may I this seems me to demonstrate that the use of the special permit process can improve the management of the proper of rental properties and improve the conditions of the neighborhood if it's done correctly and the conditionality of of special permits I think is a key factor in doing that so I agree with you for you said Mr. Meadows a lot thank you all right are there any other comments if not we have an unusual two motions which somewhat unusual so the first motion is going to be to approve the new special permit the second motion yes Maureen first you need to go through the findings well yes I will do that but I'm just going to explain how we're doing it yeah okay yeah and the second the second motion is to extinguish the existing one but to do that we have to go through our findings under under 10.38 and I like to go through the conditions first because that's what allows us to make the findings so I want to review the conditions first and then we'll go into and because of those those conditions I think we can make I believe we can make the findings so the conditions are as follows they're standard condition regarding projects shall be built maintained and managed according to the approved plans and I'm assuming that those will be updated with anything that that's been received Maureen after July 7th okay condition two regards is the the condition regarding logging and maintaining all complaints filed with a property owner condition three deals with the annual renewal of the residential registration and having Amherst and having the complaint log submitted to the building commissioner an up-to-date complaint log and violation log submitted to the building condition commissioner when the residential registration is applied for on an annual basis number four is to permit the expire upon change of ownership unless yes I have a comment I see that Alan might have a comment if you if you're wanted to take his comment but I noticed a mistake on my part for condition three I cite a condition 45 that should be condition two sorry okay condition two Mr. St. Euler is there normally we don't take comments in the middle of discussion but is there an urgent problem I apologize the issue is that the two conditions about logging and reporting the complaints was something that was proposed to us but we we we prefer to not have those two conditions on the permit and since they hadn't come up since the initial project application report we didn't realize that those were something that was going to be uh imposed on this permit we we feel that with the reporting and complaint tracking both through the police department and read the registration program that they they're just not necessary or warranted on a project of this size they were authored for a much much larger project and we feel that the you know the means in place along with the complaint response plan which is required as the as part of the special permit are sufficient on this project I'm operating off the submission I received entitled conditions for 80 pine the first line says the applicant agrees with conditions one through 16 proposed by staff board of the project application request the second paragraph of condition two which I was going to get to on the expiry of the change of ownership was proposed in the project application report include the following language which deals with foreclosure so you which we have done in the past these conditions one and two or conditions three and four conditions two and three excuse me are I think reasonable reasonable requirements regarding um non-owner occupied do two bedroom or two unit and or larger properties in town on something that I think we'd be looking at using more commonly going forward I don't think there I don't read this as being tremendously burdensome keeping a log you'll have to do some of this anyway pursuant to the lease that the modifications the lease that you've agreed with with the the neighbors and upon the annual submission is it seems to me that all of this is something is is information that you would norm under normal course of business have in your in your possession at the current time and it's just merely recording those and submitting them as on an annual basis to the town it doesn't it also reinforces the I think reinforces the way in which we can make judgments about we as a board and the town itself can make judgments regarding the problems if there are any or the good or the bad management of rental housing as it goes into residential districts and so I'm these are important to me um but I'd like to I'd like to continue to have those in them in the conditions so that's where I'm coming from the other board members may disagree but it seems to me that these are reasonable things and I'm sorry that you're only the second one out of the shoot on this but I think this will be something that won't put you at a disadvantage compared to other management companies because I think this is a model of something similar this will be considered by the board at future applications understood I was just caught off guard a bit here because the the project application report I'm looking at from June 23rd had those the conditions that we did not have an objection to I did not receive any update to that and I'm not seeing those conditions in that project application report oh I'm looking at uh application report dated July 7th got it okay well this is something that's going to be uh the standard expectation than well I guess I can't promise that but it would be my intent to put it before the board or a version close to this before the board um with other applications that come before us thank you for taking my comment yep thank you it's good to clarify that sorry for any confusion um other conditions include um this is added the standard condition on expiry of change of ownership unless the prior change of ownership perspective this permission shall expire upon the change of ownership unless prior to the exchange of ownership the prospective property owner shall appear before this zba at a public hearing for review and approval of the management plan parking plan uh parking management plan and lease agreement and to determine whether additional conditions are needed to meet section 10.38 findings under the zoning bylaw and a butter notice this shall be made in accordance with general law massachusetts general laws 40a and 11 section 11 of the zba rules and regulations this is a similar um condition that we placed on other um properties in the last couple of in the last year as well as the modification requested by the moraine we have a modification requested by the applicant that deals with um uh foreclosures if the mortgage is foreclosed and that was included in the package and i'm giving that should also be in there as has been in other previous um previous special permits standard condition that all rooms shall be used and labeled as the following any dwelling unit on the property shall be rented and registered with the residential rental bylaw the approved management plan shall be followed and the owner may change to this plan including change of property management shall return to the zoning board of appeals at a public meeting no more than four unrelated individuals shall occupy each dwelling unit all exterior lighting shall be designed and downcast um dark sky compliant street numbers shall be clearly marked and reflective parking shall occur on improved spaces only the parking is maintained um i don't know that we need to reference the new parking but because it's already going to be referenced in the new sheets uh the parking and drive shall be constructed in accordance with article seven parking should be clearly delineated i think we've had an explanation of what that means in this case and i think that's fine under this case um individual parking shape again they should be marine do we need both of these i don't think we need 12 and 13 well let's take a look yeah 12 it is re-sort of all kind of restating it shall be clearly demonstrated then the individual parking spaces shall be marked i think we just need one of those sure we could combine them yep yep under no circumstances of the basement of the dwelling be used for sleeping or living spaces all conditions imposed under the order shall be followed at all times the order that is the order of the con-con if i'm not incorrect right correct um total number of persons is limited to 10 or fewer people at any time this limit is a is in total and shall include lessees and residents um so it's a limited large number of people in the gallery and that references back to the the new lease policy of the amended lease that he has submitted overnight stays one for one guests are limited to four days in any consecutive 30 day period or 14 days during the lease term again that references the lease but revised lease in the maximum number of overnight visitors shall be four people at any one time again representing the lease policy are there any other conditions any questions about these conditions or any other additional conditions that the board wishes to impose or discuss okay so mr chair um attorney mclaughlin has and and rob mora has they have both each have raised their hands all right mr mora first i think i'm going to say exactly what attorney mclaughlin was going to say is that there were three conditions i think that were uh suggested to be proposed that i think you would be um adding to this list that were part of uh understanding between the owner and their trip oh yep let me find those so it's uh when leasing the units on the subject premises the applicant agent shall utilize leases consistent with the sample lease that's right that one and i read that but i can't find it yeah read them all through would you know okay the lengthy okay hold on okay when leasing the units on the subject premises the applicant slash agent shall utilize leases consistent with the sample leased dated July 12 2022 submitted to the board with said leases containing provisions barring noise disturbance or nuisance as set forth in sample lease 5l barring alcohol sales as set forth in sample lease 5n uh and mandating compliance with the guest policy set forth in lease sample lease 5m uh and in addendum to sample lease and provisions in the lease which provides that should should the applicant or management observe or become aware of a violation of these provisions or receive a valid complaint regarding same that shall constitute sufficient grounds for termination of the lease pursuant with the complaint complaint response plan plan and master in law chapter 186 if the lease provisions reference in the condition listed above our violated property leaser management shall follow steps outlined in the complaint response plan dated July 12 2022 and then the next next condition is the applicant shall keep the contact information for leaser or their agent listed in the complaint response plan updated at all times with rental permitting inspection services including after our contacts additionally the applicant will provide in writing this contact information and any updates thereof to the directive butters on pine street to the subject property email shall be considered sufficient written communication correct thank you for the recitation of those conditions all right now mr. McLaughlin are you fine with this he's blinking in and out yes yes yes yes mr. chair um those with conditions that we worked on and thank you yep clearing them thank you nope and i i see them here i just had failed to identify them all right good enough um if there's no discussion on those conditions um we include these con unless there's any objection um these conditions shall be included in the motion to approve the special permit moraine has graciously and because she's worried that i might goof this up has graciously put sample motions for us in this case so the sample motion before the i'm going to read this and and then i'll ask for a second the sample motion is that we close the public for zba f y 2022-16 that we make a motion i make a motion to close the public hearing and to approve the special permit to allow a known non-owner occupied duplex under section 3.3211 and 10.38 of the zoning bylaw located at 80 pine street map 5a parcel 86 neighborhood residents our end zoning district with said conditions that we've just been through and i would reference those one through 18 i think um and zba and that's the motion do i have a second mr. chair would do you like to go through the 10.38 findings yes i would moraine yes i would and then any other findings that are applicable i was so anxious that we were and happy that we resolved this quickly that i i skipped an important step and i thank you for helping us on that um first of all we have to find under section 3.3211 uh non-owner owner pi non-owner occupied duplex uh for non-owner occupied duplexes one or both dwelling units are rented and neither unit serves as a principal residence of one or more owners 80 pine street is in the neighborhood residents district in that zoning district the proposed use uh non-owner occupied duplex is a use permitted by special permit by the zoning border appeals pursuant to section 3.211 and 10.38 of the zoning bylaw um they've met the other requirements with the property management they met the requirements regarding um responsible rental property entity and with valley management and the applicant has provided contact in um the well the applicant hasn't provided contact information for one residence we do have i think you're going to be doing that or um you do have a either you will do that or you have a 24-hour um number for the management company to be reached by uh for complaints and that applicant has provided to the board a copy of the management plan and the complaint response plan we also find that they have complied with parking and access regulation under article 7 we also find that the uh they are within the dimensional requirements of um table 3 and we move on to section 10.38 specific findings for 10.38 0 and 38 1 this deals with the proposal being suitably not located in the community and it's compatible with existing units and is on existing uses and other units uses permitted by right in the same district the staff reviewed this and and um i believe we proposed that they are proposed a non-owner occupied duplex which is allowed in the district and allowed by special permit if review and approval the property is located along a highly traveled road pine street comprised of a broad range of architectural styles including single family and two family homes there are also municipal educational retail dining and commercial businesses in close proximity 10.38 2 10.38 3 3 8 5 and 3 8 7 the proposal would not constitute we have to find that the proposal not constitutes a nuisance due to air water pollution flood noise etc the proposal would not substantially inconvenient or be a hazard to a butters the proposal provides a convenient and vehicular pedestrian movement within the site we find that the proposal maintains the existing planning to visually shield the proposed parking and trash and recycling containers and the adjacent properties to the east west and south and the proposal provides dark sky compliant lighting and provides safe and vehicular and safe vehicular and pedestrian movement within the site and in relation to other properties 10.38 4 adequate or appropriate facilities would be provided for the proper operation of the proposed use utilities utilities are found to be adequate the proposal ensures that it is in performance with the parking and sign regulations it is is for parking spaces for each dwelling and conditions set forth and then the parking plan submitted find that they comply with the parking and sign regulations the proposal provides convenient safe vehicular and pedestrian movement we find that that's the case the proposal ensures adequate space for off-street loading that's not applicable to this project the proposal provides adequate methods of disposal under storage for sewered refuge and recyclables the trash and recycling buildings will be stored in service the 496 gallon rolling poly carts servicing both trash and recycling containers shall be located on the north side of the building between entrances to units a and b and will be screened from the public right away by the house to the west and south and by the existing vegetation the east weekly pickup for both residential units will be provided by usa handling and recycling the subject with properties connected to the town's water and sewer 10.390 the proposed proposal ensures protections from flood hazards that's stated in section 3.228 the property is not found within the designated flood zone the board has however conditioned this proposal on the on compliance with the order of conditions the ep number 0889-0697 from the conservation commission 10.391 is not applicable it deals with unique or historic features 10.392 provides adequate the proposal provides adequate landscaping screening of adjacent residential uses and provision of street trees streets landscape islands and parking and landscape buffer along street frontage the proposal maintains existing landscaping screen from adjacent residential uses proposal includes an 860 square foot vegetative restoration area at the location where the catch barn will be demolished and said restoration area will receive six inch top of topsoil with plantings of 1024 to 36 inches high inch high high bush blueberry shrubs and conservation wildlife seed mix 10.393 proposal provides protections of adjacent properties by minute minimizing the intrusion of lighting including parking lot and exterior lighting we've dealt that's referenced in the lighting plan and the lighting plan is dark sky compliant exterior lightings and fixtures to eliminate the parking areas in the walkways on 10.394 deals with impact on steep slopes is not applicable 10.395 the proposal does not create disharmony with respect to the terrain use scale and architecture existing buildings the staff reviewed this the pine street location neighborhood is located along a highly traveled main artery business between North Amherst and Pellum as well as Krishman and Leverett and Shootsbury business and commercial large and large family multifamily uses are located in North Amherst to the west and immediately into the north subject property there are several existing multifamily dwellings and single family dwellings along the section of pine street as we go through this we find that there are a total of 48 properties are owner occupied 25 are non owner occupied 43 are identified as having single families a single family home 11 properties are identified as having two family homes and a total of two properties are identified as our large rental units having eight units or more the neighborhood is comprised of a broad range of architectural styles and the style of the home the architectural style of in the immediate vicinity of this home is is varies and this is reports with that varied style in proportion scale shape landscape and 10.396 deals with proposal provide a screening for storage areas uses the screens to to screen the strat trash and recycling bins either from the by placement of the house or by vegetation 10.397 deals with recreational facilities we find there's sufficient open space 398 deals with harmony the general purpose and intent of the bylaw section four of demographics and housing of the Amherst master plan states that a mix of housing be provided to meet the needs of and is affordable to the broader spectrum of the community with the applicant providing the supplementary dwellings as redevelopment on existing property the proposal has met the intent of the master plan by providing a mix of housing within the neighborhood the board needs to find whether the proposal meets the applicable zoning bylaws including section 3.211 10.33 and 10.38 those are the findings are there any objections concerns questions about the findings if not I think the motion before us as stated is to approve ZVA 20 22-16 with the conditions and based on the findings we have made do I have a second second is there any discussion if there's no further discussion we move to a vote on this motion this would be a roll call vote chair votes aye miss parks aye mr maxfield aye mr meadows aye that's four votes the amount required for approval of a special permit the motion is passed the second motion is to extinguish the currently existing um special permit so that's ZBA motion ZBA application FY 2022-15 I make a motion to close the public hearing and to approve the special permit to extinguish the previously approved ZBA FY 1992-52 special permit under section 10.33 and 10.32 bylaw would also note that I think the same 10.38 um conditions are met for this motion as we're previously stated and I don't feel we have to go through all the 10.38 one more time if we reference it if we reference it in this case they're my wrong so the second motion for the application for 2022-15 is actually to extinguish the previous approved so uh there doesn't need to be any conditions that are part of this this is to terminate that special permit and that and therefore the other special permit that you just approved uh is the one that will be valid the conditions yeah yeah we don't need to do any conditions for this correct do I have a second correct miss parks you you had your hand up first all right is there any discussion if there's no discussion the motion the vote occurs on the motion um chair votes aye miss parks aye mr maxfield aye mr meadows aye that's four votes four votes are sufficient to pass a special permit um the motion passes congratulations your two special permits good luck and thank you for working with the neighbors and bringing this to us um in this in this manner thank you thank you very much uh mr chair members of the board um miss pollock and attorney mclaughlin and mr mora we appreciate all your help on this the next order of business is zba 2022-17 cns home solutions llc requests a special permit to allow an increase in the number of residential units converted dwelling from one to two under sections 3.3241 7.9 9.22 and 10.38 of the zoning bylaw located at 485 pine street map 6a parcel 38 neighborhood residents rn zoning districts i'm just going to grab my submissions that we have but first i will talk about the site visit we had a site visit this week i think it was tuesday we had a site visit we walked the property um we met with the current owner walked the property line to the back of the the property observed the fencing observed the shed and we walked around the house and then we entered the house um it is clear that the house is in um disrepair and needs significant work but we walked through the house we walked upstairs and we also went into the basement the house has been cleaned out um much has been removed from the house in terms of what was material that was in the house but there still needs significant work on the premises there is we observed the property around the house asked about the there's a doorway that opens up to about a five or six foot drop the second egress of the first floor there are numerous doors in the house that have um but enter into rooms that would otherwise be i think a bedroom or could be used as a bedroom but it's probably labeled as a dining room i think there's significant work that has to be done on the property and in the the current as it currently stands but the property needs a lot of work and other than that we um understand that the current owner is intends to sell we talked to the current owner he told us that he intends to sell the property now and and has a purchase agreement contingent upon various factors and one of which may be the approval of a special permit Maureen and Mr. Maxwell you were both there is there anything else you wish to add to the description of the site visit okay all right um materials that we have received on this from this property include a zoning board of appeals special permit application we have received included in that as a complaint response form a additional information required for any residential rental unit dealing with signage landscaping snow removal trash recycling and parking we have received a memorandum in support of the application which is a narrative talking about the the the desire of the applicant what he wants to do with the property and suggesting findings under 10.389.22 and 3.3241 we also have a that was submitted by Attorney Robert Pellegrini we have a commonwealth of massive a deed from the commonwealth of massachusetts showing the property from 1926 which outlines the property memory outlines the property and has a a map the site plan attached to it we've also received the site plan from cns home solutions i don't know daniel solz is the land surveyor in this case that's dated 4 14 2002 2022 there also has been communication between the staff miss pollock and attorney Pellegrini uh and others in his law firm i think um those are dated july 1st july 5th july 6th those include um response to the public comments as well as some tenants leaps notification questions and uh dealing with the site visit i think that's it for the submissions on this prop on this property is there anything else marine uh if you didn't say it already uh the management plan and the complaint response plan and then there was a public comment submitted by daniel raise maybe i didn't that i did not mention yep please who resides at 11 hitching post road and the email was sent on july 1st great okay um who's here representing the applicant hi this is uh rob Pellegrini um representing the applicant the applicant and mr Pellegrini can you just for the record give us your address sure um 63 main street in bridge water 02324 thank you and uh my clients here as well cns home solutions it's actually he isn't hasn't raised his hand but he is what is his name is it kyle yes it is yeah okay i'll make him a panelist all right great thanks and what is uh who is he sorry he's the owner of cns the the applicant and and the owner so um i think this one we have a recent development um the the buyer actually walked on him today so um what i wanted to ask sort of publicly is this really came up because cns um originally purchased it to renovate it they believed it to be a legal tooth family at the time uh for a variety of reasons and uh marketed marketed it that way as well and then when the actual buyers came in obviously as part of their process they went in to see um mr morot um at which time they realized um there might be some questions on the use um which is practical to me um you know you can see from what's available in the um the town um documents that it's been used that way for quite some time um as i had indicated and um but there wasn't ever a formal permit approved so what i'm concerned with is that cns is going to kind of be in this holding pattern when i'm sure everybody can agree that it would be great if this property could be cleaned up um so what i wanted to sort of ask is if there's any way that cns could at least be given the a level of comfort that they could just market and try to find a new buyer as a tooth family they definitely don't want to even pull a permit you know let alone have it occupied so i'm wondering if there's some way that the zba can sort of acknowledge it and you know even if there was a can uh a recorded condition on there that not even a permit could be applied for until they return to the zba for the proper permitting but to me right now it seems very premature to be proposing a lease for example when there's not even an end user so i certainly don't want to waste your time but i do recognize that there's a need for my client to move on so that's my request i guess at this time which isn't what i was in really anticipating asking for tonight but it is what it is um i'm gonna ask rob and the staff to respond directly to the possibility of some sort of interim step and perhaps can walk with you walk you through the steps that we use in town to deal with proper deal with properties like this but i do want to just be um straightforward with my fellow board members who cannot attend the site visit this is a property that needs a lot of work it is it is um from the outside the landscape everything is a mess it's overgrown the the house doesn't you know like i said has a door that drops six five feet onto the ground um the it's overgrown the um the barn in the back is full of of junk and it's i'm not sure that it's will stand up much longer um the house is inside the house is in very very bad shape it took all we could handle just to walk through it um and it needs significant amount of work and i think this all that being said it's a long ways from being ready to receive it i believe long ways from being ready to receive a special permit it's nowhere close to receiving an occupancy of residency it's it's a it's a mess to say the least um all that being said it's not a um it is a place where i think a two a duplex either owner occupied or non-owner occupied is probably appropriate it's close to kush this next door to kushman market there are other owner there are other duplexes and rental non-owner occupied rental properties in the near area and i don't think it'd be disruptive to the neighborhood in fact it will be an improvement to the neighborhood if this place would be fixed up and um and you know meet basic building codes and safety features which this doesn't at the present time so i'm not i want to assure you or the applicant that i don't think this is that the board i'm not and i don't think any of the board members are opposed to trying to facilitate rental actual rental property in that space we need the rental property and this is a good place for it it's just got a long ways to go and everything and and there's a lot more that we typically require from these rental permits than we've gotten so far on this property i mean for example right now there's only one there's 100 volt 100 amp service for a duplex that isn't going to work you got to have more than that number one number two there's never been any kind of residential rental permit pulled on this there's never been applied for is so it's been operating outside of the of the town requirements now that's not this current owner's fault i admit that it was the prior owner because this current owner just bought this recently but he inherited this mess there's not there's there's not a real lighting we need more of a lighting plan the parking plan doesn't really fit the property there's there's a right of way that's along the property line that extends five feet on each side of the property line but that right of way is for passage it's not for parking there is place on there's sufficient room on the property for parking but we we don't have a we'd need to have a parking plan we also need more specific plans in terms of the landscape right now it's just it's overgrown with weedy trees and and i think you want to i think at some point you're going to for just for safety reasons you're going to want to remove the the shed in the back because i don't think that's to my eye i don't think that's it's a safe or a stable dwelling or a stable building so i think you're going to need a whole lot of things and what i would encourage you and i would leave also leave this open to other members of the board i would encourage you to perhaps think about withdrawing the withdrawing the application at this point working with the staff to try to come up with a way to come come up with some designs or come up with some kind of at least a at least a management plan and other things that we could then look at when there is a potential for a buyer we are not i think you can say that i can't believe there's anybody in the on the board who would oppose a reasonable proposal for rental housing in that area either owner occupied or non-owner occupied but we just need a whole lot more information than we have currently to be able to approve that even the first step mr. Pellegrino so that's my that's my feeling i'm happy to open it up to comments from the board but i don't i want to say it's a real problem but i don't think it is but i don't think it's a problem that can't be fixed because that's too negative i think it's a problem that can be fixed i'll put it that way and so mr. maxfield you were there at this at the site is it is there anything that i said that you would disagree with or do you think this that represents your shielding as well i know i absolutely agree with that um yeah i mean to continue the theme of the night here just echoing what you said on this one i um going in there it's yeah that that house is is so so far for being anything that something can can be lived in but yeah i think i'd love to see that turned into something that that could be livable i think it's a great location and i think if the applicant does want it to be a two-family home with duplex in there i think that is a good location for it but yeah i agree right now with what what's been given to us it's it's it's nothing close to what we would need and just looking at that property it i i yeah it would it really would take a a total overhaul so i think your suggestion of withdrawing and working with town staff to get get it to a point that it can be something that come before us that we would be able to approve i think is uh is probably the best way forward on this and mr. pellegrino i would also say that i you know i'm i'm i would not be i would not be in favor of some kind of official action at this point taking some official action on the zba to give a perspective buyer well you know a certainty but i this is a public meeting this is recorded the perspective you could certainly point you or your client could certainly point this perspective buyer to the the intention of the board through this meeting what we'd like to see and i think that would give them some comfort but i'm not prepared at this point to provide anything more formal than that or more or more concrete okay so i want to just in case i've missed something mr mora or moraine is there anything else that you wish to add that we should know about you can work with these you can certainly work with the the applicant to find something if they withdraw come back with other other options could you not oh absolutely i you know i personally wasn't at the site visit but i did hear a little bit about it but as a vacant property not registered in the in the rental permanent program i would expect that the building inspector that conducted the site visit probably would put some sort of notice out to the owner anyway just to you know establish for the record that the the building sounds like it's unsafe you know just by what i've heard here tonight so i think that would probably be our next step and then you know absolutely we would be you know available to work with the property owner or the next property owner if that's the case to you know bring the property back to a condition that could be presented to the board but i totally agree with the comments made so far there it doesn't sound like there's an action for the board to make or take at this point it's you know it's approval denial on the request and i don't think there's really any other option yeah okay so any other comments from board members i don't want to set this off before we proceed any further you know i think your options are to to ask that it be withdrawn and withdrawn without press without prejudice and since we've gotten to a meeting does that require a vote on our part or can the app can do it go ahead more i guess because this is a public hearing um you should open it up to the for public comment yep we will but i just want to i that's a good reminder marina i just want to understand what the possibility is so the public can respond to this as well but the possibility is for the applicant to withdraw it if he wishes and does he does that need a vote on our part if they would yeah so you would um similar to the other uh the last special permit application you would make a motion to close the public hearing and to if it's well actually so is it the applicant the applicant would make the request to withdraw without prejudice and we would need to vote and then you would you would vote you would vote on that so if they're agreeable to that okay all right let's see if there's any public yep we'll get to that in a second but i just want to make sure the public knew what we were doing before we get public comment so um is there any public comment like you know this is kyle the actual applicant yes mr cabral please identify yourself it's kyle cabral i'm one of the owners of cns home solutions yes yeah so i just want to make some i understood what everyone said i just want to make some additional context i know some of the submissions early in terms of the documentation that was provided um this started again just context for the future um for potentially a future buy it to deal with this so and i'll actually label my intent uh right now um i had a sense that this session was going to go this way which is fine um this morning i got word of the new buyer was essentially withdrawing sent uh because of her non-confidence of being able to do what she wants and getting this a two-family it's been a long process um but the initial discussions were uh rob we had and we found information i don't know it was in the late 70s or early 80s where there was clearly a switch from a single family to a two-family and those are even a two-family alteration that was written down at that point is when the town assumedly accepted it as a two-family which is why under the assesses database this is a two-family my only ask is um to probably revert that language in the assesses database back to single if that's to be the case the only thing i want to say and i will pass this on to the who the prospective buyer was going to be um that they're they're me you guys would be willing to work with her but my intent is to to close this um and the only the only thing that um not unhappy about but it's it's too bad i just don't have the time to continue this myself in terms of this is an investment decision for me um so my plan is to essentially sell it as a single family and i'm not sure who the next buyer is going to be but i do know who this prospective buyer would be in terms of the two-family it's a it's a essentially a high network person a very high quality person and she essentially outlined her plan she was going to probably spend over two hundred thousand dollars on the property and make it a beautiful property and i have full faith that she was going to do that but now that opportunity is going away um so i definitely intend to to put it back in the market because i just can't deal from this deal with it from a holding perspective in terms of the cost associated to it um so that is going to be my intent and i will let the whoever the new buyer is let them know that the town's willing to work and that's fine um but i just want to just let the board know on how we're we're approaching this so thank you other comments from the public if not um any response from board members to the public comment miss parks so i'm just wondering how this house is um how the um robert moraine maybe um how this house is going to be listed going forward right now it's listed as a two-family house i i looked at the property card do you have a feeling about what kyle said about turning it back into a one-family home yeah i you know i think now that we're aware of it and we haven't been able to ourselves find any uh documentation to support it being a two-family and this current owner hasn't isn't able to provide anything i think what we would do now typically is notify the assessor's office formally that we think that that was an error at some point and it needs to be corrected and and listed as a single family it doesn't change any of it prior property cards as you go back in history you'll see what happened it'll show up as a two-family for a certain period of time uh the notes that kyle spoke about will still remain there it's just that the most current record would would probably stay vacant single family as its last known use all right thank you mr morrow any other questions comments from the board i think i sense that the applicant would like to withdraw this without prejudice and if i am correct um and i see you um mr pelagrano nodding and that's what i heard mr cabral uh say as well i would move i would acknowledge your the applicant's request and move that the application pursuant to the request of the applicant be withdrawn without prejudice is there a second second mr meadows seconds um is there any discussion and without prejudice for the benefit of you mr for of everybody means it can be brought back again within a two-year period and so it's this we can get this property can be uh before the board again all right um any further judge uh mr morrow mr morrow yeah yeah yeah very minor thing but important uh mr judge if we could ask mr pelagrini to state that you know or at least you know say okay um we saw his head nodding and you know kyle's screen is turned off i just you know i want to be clear that that is their request and they understand that and are making that request to the board uh a little bit all right okay that's exactly what i was going to ask for great all right if there's no discussion the vote occurs on the motion it's a roll call vote requires four votes chair votes aye miss parks aye mr maxfield aye mr meadows hi that's four votes that's sufficient to pass the motion to withdraw the application without prejudice um i would my comment would just be i hope that you'll look to work with staff we do we have a desire in this town to have more housing and more rental affordable rental housing especially is incredibly important seems like a great place to do that and you know that you have a town that's that wants to work with you to accomplish that in a way consistent with the zoning bylaws and the requirements of the town so thank you for your interest and thank you for your effort thank you very much have a nice evening thanks everyone good luck good luck to you all right there being no other items on the agenda the next order of business is public comment on any matter not before the board tonight so if anyone from the public wishes to speak i press the raise your hand feature tool all right no hands raised next order of business is any old any new business not anticipated in the last 48 hours this is a place where we can talk about what our next meet when our next meeting is more in and what's on the schedule for that yeah i guess firstly uh the the remote meeting um uh the uh this i guess the state regulations on remote meeting is expiring at midnight today um and that was a pandemic related open meeting law relief um although it what it is anticipated that the the state legislative body will perhaps extend the remote participation they haven't done so as of yet i guess the bill the house passed a certain bill and then the senate passed a different version so they are are not in sync so both bodies need to come together and pass the same bill before governor breaker signs off on it need this to say so our next meeting or all meetings moving forward and until the a new bill is enacted by the state i get i guess we're going to start meeting in person um so that includes the next meeting which is scheduled for july 28th um i am i believe i'm going to be um list um stating on the agenda and in the legal ad that the meeting will be held in person in the town room located on the second floor of the town hall and it will also list the zoom login information so perhaps if the legislative body does pass something um to allow to allow the the continuance of using uh doing remote participation perhaps we can say oh forget about meeting in person we can just meet and zoom but we won't know until um july 28th or between now and july 28th and so with that if it is meeting in person i believe we need to have we need to have quorum for in person participation so with this board we would need at least three zba members present in the town room and any other zba members could meet remotely so if perhaps just throwing it out there if someone's in well fleet or columbia or who who knows where um perhaps they could continue um participating remotely and um what we have scheduled for that meeting so far is a public hearing to review the rules and regs the zba rules and regs um particularly the legal ad advertisement fee and i suggest that everyone review the rules and regs to see if you have any other suggestions for editing um or amending and then there's two public meetings scheduled one would be for you drive south that's the uh you this board previously approved the special permit for a mixed use building it's currently being constructed and they need to come back at a public meeting for the review and approval of their permanent signage and then the the the board previously approved a solar project at the hickory ridge golf course located on west pommarilane and they need to ask for an extension of their permit their special permit is going to expire in september they've been having issues with with shortages of solar panels which i believe is you know a result of the pandemic um and so they're trying to um get panels and it's taking much longer than needed and then they need to amend a condition a condition so um we'll be taking up the up those three items at the july 28th meeting so if anyone cannot attend i believe tammy can't attend and dylan can't attend yep oh and craig uh oh can't attend oh boy in person or or at all for me it's in person uh okay but you could in new york city that day well so i and then i guess um another announcement but it'll be related to this discussion is that the town council appointed um sarah marshal to the zba and she was she just uh was sworn in by the town clerk i believe today um and she has um already um confirmed that she's available for the july 28th meeting um i i actually forgot to ask if she could attend in person assuming that she can then we would have steve oh boy see right now i don't know sarah perhaps oh we would need a third person to attend um and i believe that the town council is going to reconsider the appointment ship of john forget his last name already varner varner and that will take place on july 28th we also have john gilbert oh and john gibbler okay so steve so so right now we have steve i don't know if sarah can appear in person but we have three people that possibly can myself sarah and john gibbler and he has confirmed that he can't attend and then craig can attend uh remotely that's four people and then if john is appointed uh uh by the town council that would be five members but we have but we have it sounds like we have three for for a quorum in person because that's what we need to run the meeting and four to vote on any special permit so that yeah if that's the case we have sufficient members yeah and i believe sarah is in attendance right now i'll send you an email but if uh sarah if you are hearing me you can just send me a quick email saying if you can attend in person or not that that would be so that that does mean that for tammy dylan and craig uh if you have questions about the rules the regulations if you have um if you have a suggestion or you want to talk about the the the cost of the of the ads which the town is subsidizing the significantly for the cost of the placement of the ads get your comments to the staff or as quickly as before the 28th so we can incorporate them in the discussion this is something on a it'll be deliberation so we can't talk to each other about it because the meeting but you can you can pass your thoughts on to the staff and that can then be shared with us through the at the meeting so i would encourage you to do that and because it's unfortunate to have an administrative meeting with half the permanent members of the full members of the committee that can't be a can't be there so um but i think it's also important that we do have this meeting for sarah um i want to first of all i want to welcome her to the board um she's who's appointed as an associate member and we could really use the help as you can see we need we need more not fewer people as zba board members so sarah thank you for volunteering to do this and um for all of you if you know somebody else wants to serve on the board rope them in and tell them what a great fun what great fun it is lie a little bit to get them on board um but it's an important thing and we really um and i appreciate the effort that all of you put into it i know the town does and i think we do something good for the town by doing this so see if you can help us help us find other people who willing to do the same thing um any other questions about upcoming meetings about that the uh the pandemic in person um requirements or lack of requirements from the state and i guess that's going to apply to everybody right rob and every every board and town will have to deal with this we either have to start meeting in person and will we will will the public still have zoom or is that's up to that hasn't been decided yet uh yeah you can yeah you know it's unlikely because um it's really complicated and um requires a lot of staff effort to run the hybrid meeting so you know the the it department has to be you know on site for it to occur and available and you know at least last you know up until this point the town manager and the council decided that only council meetings would be held that way uh but but probably not because of the time that would it would take and staff resources to to actually operate it okay well for one i've i'm question of resources is not something we can determine here but i can say in terms of value of the town and value of public comment the hybrid meeting going forward would make a lot of sense and i can't judge the budget implications of that that it's not my not my portfolio but it makes a lot of sense and that it gives uh an opportunity for feedback from from um town residents in a safe way for some that's a consideration and also in a convenient way which is the other consideration for some people and i don't think we want them in these times i don't think we want to make it hard for people to to uh to participate in their in their government and i think this hybrid did that well we volunteered to serve on the board and so maybe it's incumbent upon us to appear in person and appear and and i wouldn't mind having a meeting um sharing a meeting of my fellow board members all in one room it'd be nice for a change but um that's our responsibility we took that on ourselves but to whatever degree you can communicate that to the budget powers that be it's i i find it would be a good use of of town funds to incorporate the hybrid meeting in the future miss parks i also think that we should get free parking permits for board members in whatever way you want to do that but it's a real hassle to have to park try to find parking and then make sure that you've got enough money in the meter while you're eating i've got many messages while i'm in the meeting my phone gets danged so that would be like that would i i think that's would be a very nice thing voting awards to serve that as well so i second i second that although i walked in meetings but i understand exactly how tough that is we're all going to park at your house you can come down to come down to 151 amity and park in up front and then we got some places in the back but also gilbert john gilbert is close by and so is dylan so we could find some places for everybody it's still within walking distance for all the cars until they get you free parking for the meetings tami all right anything else people want to discuss well i hope you all have not i hope you all have a good rest of july perhaps you can enjoy tami i hope you can actually get on your vacation in new hamster and you feel better enjoy well fleet dylan i don't know where you're going but wherever it is i hope it's a good time going up to uh baxter state park and me no uh oh yeah no light pollution so mount katana yep right there so up there for five days just gonna sit look at the stars maybe do a little bit hiking i don't know but it's a great height to the top of mount katana yep yeah it's a great height to do when you're younger it's a little harder to do it now i'm glad i did it a long time ago all right have fun dylan we'll do so the next meeting will be july 28th july 28th thank you wait we can do a motion to adjourn yes thank you very much i'm so anxious to be done with this we're gonna be yeah it's not even eight o'clock yet look at that all right do i have a motion to adjourn is there a second second all right this is not debatable all those in favor signify by responding to my question chair votes aye miss parks hi mr maxfield hi mr meadows hi all right motion carries you all have a great time bye