 The appointed hour of six o'clock having been reached, I call the meeting of the Amherst Zoning Board of Appeals to Order. My name is Steve Judge. As EVA chair, I wanna welcome everybody to this meeting. Pursuant to chapter 20 of the Acts of 2021 and extended by chapter 22 of the Acts of 2022, this meeting will be conducted via remote means. Members of the public who wish to access this 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 access the proceedings in real time via technological means. Additionally, the meeting are recorded and may be viewed via the town of Amherst YouTube channel and ZBA webpage. In accordance with the provisions of Massachusetts General Laws chapter 40A and article 10, Special Permit Granting Authority of the Amherst Zoning Bylaw, this public meeting has been duly advertised and notice thereof has been posted and mailed to parties and interests. We will begin with a roll call of the ZBA members and panel for tonight's meeting. Steve Judge is present. Mr. Craig Meadows. Present. Mr. John Gilbert. Here. Ms. Sarah Marshall. Present. Also attending a public hearing tonight or public meeting tonight is Marine Pollock, planner with the town. The Zoning Board of Appeals is a quasi-judicial body that operates under the authority of chapter 48 of the General Laws of the Commonwealth for the purpose of promoting the health, safety, convenience and general welfare of the inhabitants of the town of Amherst. One of the most important elements of the 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 his questions, the board will seek public input. The public speaks with the permission of the chair. If a member of the public wishes to speak, they should do so by indicating with using their raised hand function on their screen. The chair will, the assistance of the staff will call upon people wishing to speak. When you are recognized, provide your name and address for the board for the record. All questions and comments must be addressed to the board. The board will normally hold public hearings where information about a project and input from the public is gathered, followed by public meetings for each. The public meeting portion is where the board deliberates and is generally not an opportunity for public comment. If the board feels it has enough information and time, it will decide upon the applications tonight. Each petition is heard by the board as distinct and is 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 the decision. For a variance, the board has 100 days from the date of filing to file its decision. No decision is final until the written decision is signed by the sitting board members and is filed with the town clerk's office. Once the decision is filed with the 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 permits must be recorded at the registry of these to take effect. Before we begin tonight's agenda, I wanna welcome our new associate member, Sarah Marshall. Sarah, we're putting you to work right away. We're glad to have you on board the board. Thank you, happy to be with you. Tonight's agenda is a public meeting on ZBA FY 2023-01, U Drive South LLC. For the review and approval of the de minimis changes to the approved site plan, approved context rendering and photos, review and approval of proposed designs of freestanding sign and monument sign. And for the review and approval of three additional new signs proposed, pursuant to conditions one and 61 of the previously approved ZBA special permit, ZBA FY 2020-26, located at one University Drive South, Map 13D, parcel 82, Professional and Research Park, PRP Zoning District. After that, we have a period of general public comment and then any other business not anticipated within 48 hours. Our first order of business is ZBA FY 2023-01, U Drive South LLD for the review and approval of de minimis changes to the approved site plan, approved context rendering and photos, review and approval of the proposed design of the freestanding sign and monument sign. And for the review and approval of three additional signs proposed pursuant to conditions one and 61 of the previously approved special permit, ZBA FY 2020-26, located at one University Drive South, Map 13D, parcel 82, Professional and Research Park, Zoning District. Are there any disclosures? The board conducted a site meeting on Tuesday morning, board members Marshall and I toured the site. We walked around the building, viewed where each of the signs were to be installed. We questioned which signs were to be illuminated. We saw a photo of the model of what an illuminated sign would look like. We asked some general questions about the progress of the construction and the extent to which the units were rented. We also asked about the status of the five affordable units. After we finished reviewing the proposed signage, we visited three completed rental units and saw the placement of air conditioning units on the roof of the building. Ms. Marshall, is there anything else you wish to add? No, I think that's complete there where they had installed mockups of the signs in several places. So that was helpful. Yep, great. The next order of business is to run through the submissions and that is in the project application report which I had just a second ago and I don't have in front of me now. Maureen, do you have that project application report and can you read the submissions from that for me? Yep, I have you too. So the proposed sign plan prepared by Aga Nali sign company with dated June 21st, 2022 and there were various sheets as part of that and then the applicant did send in photographs of examples or mockups of the lettering signs or wall signs that will show the illumination, the photos showed the illumination and then for staff submissions, there's a project application report dated July, 2021, 2022. The approved special permit decision, ZBA FY 2020-26 and then the approved sheet four site plan prepared by Civic Civil Design Group LLC dated March 5th, 2020 and the approved context rendering and photos approval date March 12th, 2020. Thank you. In this matter tonight, the applicant is complying with condition one and 61 of ZBA 2020-26 requiring them to come back to the board and a public meeting for our review and approval of de minimis changes to the approved site plan, three additional signs, a design of a proposed sign, the changes to the site plan involve the placement of one sign. Mr. Reedy, are you representing the applicant tonight? I am, Mr. Chair. And will you identify yourself for the record? Of course, Tom Reedy, attorney with Bacon Wilson and Amherst here on behalf of U-Drive South LLC. You may proceed. Thank you very much. Seems like we've got a crowd. So what I'm gonna do is let me share my screen and we can take a look at coming to the overall context plan so you can see the location of the signs and then really what those signs are. And I'm really happy with Agnoli for doing what they did here because it makes my job a lot easier. So just to orient you, U-Drive South is here. If you've driven past the site recently, this roundabout has been created. It's not finalized yet. I think that's like August 13th. They're gonna do the final paving. Route nine runs at the bottom of the screen left to right. And so north is to the bottom, south is to the top of the screen just for cardinal orientation. We've got two ground signs and the rest are all wall signs. And so it would make sense to start with one. So I think that's what I'm gonna do and it's the one right over here. And it's this one right here, the one university drives out. So really, I'll show some photos later of what really the inspiration I guess was for this because it's illuminated. It's aluminum at the back. And then really the outside of those letters are illuminated, which I'll show in a bit. So that's located right here. A little bit of a background. We had thought about putting that sign ground mounted out in this area because the land extends. And knowing that the town wants to put some wayfinding signs, we thought that it would be a better use of kind of everybody's space if we put ours on the building and let the town have that ground and we're working with Ben and Chris in the planning department to help them get those wayfinding signs. So just kind of preview of coming attractions but that's why we decided to put it on the building. So that's one, I'm just gonna go counterclockwise. You have eight and seven, which are these right here. Eye positions up Northampton, nine inches high. Really just the stuck on letters onto the building. And then two, which is a two foot by three foot. So six square foot, I would say directional sign because right here, there's gonna be the apartment entrance from this ground floor is in here. And there's like a throughway so-called under here. And so number two and number four are really to identify and really give direction for those folks who are looking to use this throughway because this area of the building is the eye doctors. This area of the building on the first floor and then this area on the building on the second and third floor are the apartments. So two is this and I'll show them more closely in a bit. Three is one of those ground mounted signs. It's a monument sign and it's this one right here. It's illuminated and it's angled. And so this is to really capture the traffic that is coming up and coming down Snell Street because some folks may have come from the East and are taking that corner in. So I'm not necessarily seeing one university drive south here. This is, I think we just think it's a good location for it. You come down to number four, which is again, really a directional sign one university drive south and then eye physicians of Northampton. And so for those folks who are parking on the street, parking here or walking, there again is that thoroughfare right here. They'll be able to come in and access the eye docs through there. And then you've got sign five and six and those are just the address when university drive south. Again, that stud mounted painted black. There's no illumination to these or to the eye physicians. And then you've got the... So I've pointed out that one university drive south here and then you've got the last sign which is the eye physicians of Northampton. As you'll see above it, there will be a light bar. So it's not internally illuminated. It is illuminated from the top. And so you'll have this one illuminated, this one illuminated, this one illuminated. And I don't believe this one is illuminated. I'd like the opportunity to if it seemed that it's necessary but it doesn't seem like it's called out. So that's what we're proposing. Here is that one university drive south sign that's on the building. And at the end they'll get out of this and I'll show you what that's going to look like. You've got this is from the parking lot. So it doesn't need to be too big. That's a six square foot showing where the apartment entrance is. You've got that sign that's at that angle that the corner by the roundabout which with the address and the eye physicians. You've got that freestanding sign by the other side of that thoroughfare as I've called it through a. This is looking from the east. And so this is as Ms. Marshall I pointed out we had it identified here and she said, well, wait a second, that doesn't make the most sense. And she's right. And so this is where it actually is going to be. You've got the north elevation. So this is looking from the north. So if you're at ginger garden this is what you're going to see. And you can see if you follow the mouse, the light bar, which is right here that one university drive south is not illuminated. And then you've got eye physicians on Northampton up here not illuminated and that apartment entrance sign that we had talked about. And then this is the eye physicians of Northampton over on this side from the Northwest would be that one university drive south sign that I'm about to show you kind of what it's going to look like at night. And so, and this is again, this is that north elevation. So if anybody has questions on this I can stay on this one. Otherwise I'll just turn to the photos of their market basket signs but that's what this will look like for one university drive south. Go ahead. Okay. So what I will do is because I'm not smart enough to figure out how to do this otherwise. I will show you. So this is what it would look like during the day but instead of market basket and TJ Maxx and all these fine retailers it would say one university drive south. And then, and this is probably my favorite of them all. This is what it will look like at night. And so I personally think it's nice and classy and clean not overbearing. And you'll see that it's really just kind of the exterior of those letters that are illuminated. And so it kind of fades into the aluminum backing there's enough light there but I think it'll be a nice contrast against the building and just not to, I think it's like 33 square feet. So really not 31 square feet, not overly burdensome. And so that's the proposal. I think they all make sense given the use the eye doctor's use, the location of this site. And I think they're all pretty tasteful and really fit into what Barry has really done with this project. So I'm happy to answer questions but hopefully I let everybody out early. Mr. Edie, I'm doing this from memory because I have misplaced the draft application project application report for sign number four is the one that's being relocated from it was in a different place. That's the one that requires relocation. Is that correct? Five, what, and when you say it was just from where we showed it on the building when you were there at the site visit because there's the finished trim where it's actually going and we didn't want to staple into the finished trim the words that said, well, the university judge South but where it goes is gonna be on that finished trim which is where it makes no sense. So the one that was, you wanted to relocate the sign in the application and I don't have another sign I thought it was number four but that's the only one, you see what I mean? Yes, yes, yes, yes, from the original, you mean? Oh, that's the one that- Yeah, so I went through sign by sign of what was originally approved because, so it says for sign number four the ZBA approves the site plan showing a 31 inch by 61 inch monument sign located along the north building beside the applicant proposes a change the sign type. So, and so four is not a monument sign it's now a freestanding sign and the size of it has slightly changed and now it's located to the area along the northeast building beside. Good memory. I think that's the only significant change of location and there's a couple of new signs that weren't originally approved but that's again, I think what we're tonight. So just for the benefit of the members. And then the other approves the approved sign which was also shown in the approved site plan was a 31 inch by 61 inch sign and it was located, it was and is still located at the two way entrance to the property. And so the only difference is it's larger it's 60 by 66 inches in size. And so those are the two ones that were previously approved and the other ones shown are proposed. All right. And lastly, all signs comport with the signs, right? Correct. Okay. I have no other questions. Does anybody else have questions? Any members of the board have questions? Ms. Marshall. Does satisfy my curiosity because this is new to me. Why does one location, why is one location better served by a monument sign than whatever this freestanding sign up on posts? Yeah, I'm gonna have to make something up. Okay. Yeah, no, I mean, I think it's probably just, visibility for drivers like get it up higher for. Yeah, exactly. That's my sense. And it probably just like there's gonna be a good amount of landscaping that's like where number four is, is a little bit more of like a thorough fit. I'm using that word again, but it's just like it's not, whereas number three, it has that like, kind of like gravitas of that monument, like you are entering here versus number four, which is more of like free flowing. You need to see it, but it's not supposed to like, say, oh, here's where we are. Not the formal. Correct. Correct. Okay. Thank you. Yes. Any other questions for members of the board? If there are no other questions for members of the board, I'd entertain a motion that the ZBA approved the de minimis approved site plan, approved context rendering and photos, review and approval of the proposed design of the freestanding sign and monument sign, with a review and approval of three additional new signs proposed pursuant to conditions one and 61 of the previously approved special permit ZBA dash 26, located at one city drive south. Do I have a motion? So moved. Mr. Meadows moved. Do I have a second? Second. Mr. Gilbert seconds the motion. Is there any discussion regarding this motion? If there's no discussion, the vote occurs on the motion. This motion requires a roll call vote. The chair votes aye. Mr. Meadows. Aye. Mr. Gilbert. Aye. Ms. Marshall. Aye. Four votes required for passage. The unanimous measure passes. Congratulations. Thank you very much. Welcome. All right. Ms. Marshall, this is Ms. Levon. I'm thinking they're not all as easy as they are. You've allured me in. Yeah, there you go. This is easy as one. Trust us. Yeah. Okay. The old saying, the first one's easy, right? First one's free. The next order of business is public comment on any matter not on tonight's agenda. Any member of the public who wishes to speak on any matter, except that may do so for three minutes. If you wish to speak, please raise your hands. We have no attendees. It'd be hard for anybody to raise their hand, though. So I see no public comment. The last order of business is in the last 48 hours. Maureen, our next meeting is going to be at the end of August. That's August 25th, I think, or something like that. That is correct. The last Thursday in August. Yes. And so we have scheduled for that. Firstly, I believe I sent an email out, John, will you be able to attend the August 25th meeting? Off the top of the head, I believe so. Can you take a quick seat? Yeah, if you could just, okay, yeah, look. And so at those at that, the August 25th meeting will review the rules and the following public hearings are scheduled is for the review of the rules and regs to see if we want to have any updates to that. There's an application for the solar project at the former Hickory Ridge at 191 West Pomeroy Lane. And then there is, oh, I guess it's just those two, okay. And yeah, and also I'm gonna send an email out, but if everyone could let me know moving forward their availability for the fall. So the board meets the second and fourth Thursday of each month starting at six o'clock via Zoom. So if you could just let me know if you cannot attend any meetings between now and December, that would be really helpful. And so I'll put that in an email as a reminder if you could just let me know because we're beginning to get quite a few applications. So I just need to make sure that we have a quorum for these meetings. One of the items in addition to the review of the rules will be whether to increase, are we gonna discuss increase of the filing fees for? Yeah, well the legal ad. Or is that still, yeah, for the legal ad? Yeah, and that's really the big reason why we're reviewing the rules or regs, at least at this moment, because the planning department has in the red and kind of owes a lot of money. So the legal ads right now are pretty cheap and so we need to increase them to offset our department funds. But we'll have material that'll outline that before the meeting and we can discuss it at that time. But that's one of the subjects that'll be discussed at that meeting as well as review of the rules and regs. All right, I have nothing else for tonight. Is there anything else of anything that I would discuss, comment on, say? Otherwise I'm gonna make sure that Mr. Meadows doesn't burn his food on the grill and we can all, oh, all right, all right. Do I have a motion to adjourn? So move. Is there a second? Seconded. All right, Ms. Marshall, you've got the second on that one. This motion is not debatable. Vote occurs on the motion to adjourn. Chair votes aye. Meadows. Aye. Mr. Gilbert. Aye. Ms. Marshall. Aye. Motion passes. We are adjourned. Thank you. That might be record time, guys. Yeah, it is. Enjoy it, enjoy it. Can I ask something that's not about the business that all is just, I'm wondering if it's my speakers or Steve's microphone. It was breaking up when Steve was talking and I wonder if that's, everyone had that experience or just- I think it was Steve's in there. Yeah, I was hearing the same thing. Oh. It was. Just lately for me, but. Yeah. It's a lot of like static or something. Okay. Is this better now? I turned my volume down because yours was loud. Oh, I see. We'll work on it. That's why we tried to log in a few minutes before. So we can unplug and re-plug things and restart our computers and all those things. So, yeah. All right, we'll see you next time. All right, we'll see you everybody in a month. Goodnight. Bye-bye.