 Good to go. The chair notes the time is six o'clock. So I call this meeting of the Amazonian Board of Appeals to order. My name is Steve Judge and as ZBA chair, I wanna welcome everyone to this meeting. We'll begin with the roll call of the ZBA members and panel for this hearing. Steve Judge is present. Ms. Tammy Parks. Here. Mr. Dillon-Maxfield. Here. Mr. Craig Meadows. Here. And Mr. John Gilbert. Present. The quorum is present. Also attending the public hearing is Mr. Rob Wachilla, planner for the town and Mr. Rob Mora will join us later. Pursuant to chapter 20, the acts of 2021, extended by chapter two of the acts of 2023, this meeting will be conducted via remote means. Members of the public who wish to observe the meeting may do so via Zoom or by telephone. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access, access, excuse me, the proceedings in real time via technological means. The Zoning Board of Appeals is a quasi-judicial body that operates under the authority of chapter 48 of 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. In accordance with the provisions of Massachusetts general law chapter 48, in 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 of interest. All hearings and meetings are open to the public and are recorded by town staff and may be viewed via the town of Amherst YouTube channel and the ZBA webpage. 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 or by pressing nine on their phone. 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 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 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 a decision. For a variance, the board has 100 days from the date of filing to file its decision. No decision is final until the written decision is signed by the sitting board members and is filed with the town clerk's office. Once the appeal or the decision is filed with the town clerk, there's a 20-day appeal period for an agreed party to contest the decision with a relevant judicial body and superior court. After the appeal period, the permit must be recorded at the registry of deeds to take effect. Tonight's agenda, consideration and approval of minutes from May 11th and May 25th. Public hearing ZBA FY2023-15, Yoon Suk Song requests for special permit under section 3.3241, converted dwellings and 9.2 non-conforming structures of the zoning bylaw to convert a vacant single-family residential structure to a two-unit residential dwelling with a requested Article 7 waiver at 485 Pine Street, Map 6A, Parcel 38, RN, Residential Neighborhood Zoning District and ZBA FY2023-16, Mark Sulfield requests for a special permit under section 6.3 and 10.33 of the zoning bylaw to extend an existing special permit, ZBA FY2021-15 for a flag lot at the Southeast Street, Map 23D, Parcel 57, RO, Residential Outline and ARP, Aquifer Recharge Protection Zoning Districts. There will be general public comment period on matters not before the board tonight and other business not anticipated within 48 hours. The first order of business tonight is approval of meeting minutes, consideration approval of the meeting minutes from May 11th and May 25th. I've reviewed the minutes. They seem to be pretty complete to me. Does anybody have any changes, suggestions, comments on the minutes? If not, I would entertain a motion to approve both minutes for May 11th, I guess it is, May 11th and May 25th. Do I hear such a motion? So moved. Is there a second? Second. Motion is moved and seconded. Is there a discussion on the motion? If not, the roll call vote occurs. The chair votes aye. Ms. Parks. Aye. Mr. Maxfield. Aye. Mr. Meadows. Aye. Mr. Gilbert. I will state that I was not present at either of those meetings, but I do approve, yes. Thank you. The vote is unanimous, five to nothing. The minutes are approved. Thank you, Rob, for those complete minutes. You're great. We now move to a public hearing on ZBA FY 2023. Unsek Song requests for a special permit under section 3.3241, converted dwellings and 9.2 non-conforming structures of the zoning bylaw to convert a vacant single-family residential structure into a two-unit residential dwelling with a requested article seven waiver at 485 Pine Street, map 6A, partial 38, RN residential neighborhood zoning district. We had a site visit on Tuesday. A couple of us were there. There was not a representative of the applicant present. Rob and Mr. Meadows and I walked the site. We viewed the outside of the building. We did not enter the building and we looked at the shed, which is also on the property. We observed where the property lines were, the setbacks. We looked at where the parking would, we think where the parking would be located and where the right-of-way would be. We also just observed the general conditions of the property and the neighborhood. It was pretty, not much more than that. I think that pretty much sums it up, Mr. Meadows. I think so. And Mr. Wachello, there's nothing else to add to the site visit, do you think? It was quick. All right. I'd like to go through submissions that we have received. Submissions are as follows. Applicant submissions include a ZBA application, a management plan, a complaint response form, which lists points of contacts, a request for a waiver from section 7.112 regarding parking, a screening of parking areas, light specifications and another set of lighting specifications, sample rental lease agreement, window and door specifications, a stormwater memo provided by Furrow Engineering, photographs showing the current conditions, site for photographs, site plans prepared by Daniel Sawes, a land survey, stamped by Daniel Sawes, the sheet one of existing conditions and sheet two of existing and proposed improvements, both one dated for 1423 and one dated to 2123. Also five sets, five sheets prepared by Furrow Engineering, including a site layout, a photometric plan, a preliminary floor plan, existing elevations and preliminary building elevations dated respectively 422 and updated 530, 23, February 15th, 23, October 1st, 2020, existing elevations dated February 16th, 2022 and preliminary building elevations dated October 1st, 2022 and updated May 31st, 2023. Also there is a planning staff submission, which includes a certified list of the butters and a memo which we received from the fire department from Captain Baskham dated 6623, which dealt with the requirements for safety under Amherst Fire Regulations. So do we have, is there somebody representing the applicant here? So there's two members in attendance. I'm assuming one is the project engineer, Ben Hildebrand and the other caffeine song. I'm gonna promote them both to panelists so they can speak, Mr. Chairman, if that's okay. All right, let me just see that real quick. All right, and Ben and Kathy, you should be receiving invites to become a panelist. You have to accept it if you wanna speak at the meeting. Great, who's representing the applicant? I'm gonna speak for the applicant. Are you both gonna do so? Yeah, hello. Okay, hi. Hi, just give me both your name and address for the record. Go ahead, Kathy. You can start. This is Kathy Song, is one of the owner who actually applied all this special permit. My legal name is Eunsuk Song, yes. And your address and song. What's your address for the record? 52 Stage Coach Road, Amherst, yeah. Thank you. Yeah, and hello, my name is Ben Hildebrand. I work with Furrow Engineering and we have an office here in Westfield, Massachusetts. Great, thank you. Why don't you guys start and give your presentation? Sure. We can go through it and then there'll be time for questions from the board and if any questions from the public. Absolutely, so good evening. My name is Ben Hildebrand. I work with Furrow Engineering and I'm here on behalf of Kathy Song. I'd like to just begin by saying thank you to Town of Amherstaff for helping us through this application process. It was certainly a little more complicated than we initially anticipated. So this property is located at 485 Pine Street. We are proposing to renovate a residential structure into a two-family dwelling. The subject parcel is approximately 16,000 square feet and it's located in the RN Zoning District. In general, the building is in pretty tough shape. Proposed work includes full remodel of the dwelling as well as the installation of gravel driveway and six parking spaces for residential use. We were proposing to install dark sky compliant lighting for all the exterior lights and we have put together a photometric plan depicting no light trespass from the property. Other site improvements include evergreen plantings to act as screening for trash containers and minor regrading in the site to direct stormwater away from the abutting properties. We are requesting a waiver from Zoning Section 7.112 in regard to parking screening and that is due to an existing right away on the eastern portion of the property. In general, I believe this is a positive project for the town of Amherst and this will give Ms. Song the opportunity to clean up and restore the blighted property and we're here to answer any additional questions you may have. Thank you very much. Ms. Song, do you have anything you wish to add? Yeah, here is an old pro here. I'm listening. Okay, we may have some questions. So I appreciate your presentation. I've got some questions and I'll start and then I wanna make sure that the other board members have a chance to ask questions as well. Background is probably applicable in this case is that there was a special permit application on this property last year, it was withdrawn. So I have another board members have seen this property prior to this. We've been inside and it's in really rough shape and it's a blight on the neighborhood currently, I would say, and improvement would be welcome, even just the exterior improvement would be welcome. But I think taking the vacant building off, taking the building and making it occupied that's currently vacant will be a positive thing. But I've got a couple of questions and the first one, I guess, Mr. Hildebrandt is about parking, are you able to share your screen or? Don't know. No, or maybe Rob, Rob, can you share your screen? So actually, Ben, you can share your screen if you had documents on your computer, if they were open. Everybody on this panel has the ability to share. If you prefer the I do it on my screen, that's fine as well, I'd have to open it. I think I can do it. Okay, then take it away. What I'd like to look at is the site layout plan. I think that's the one that details the driveway and well, maybe, yeah, the site layout plan details the driveway and the parking spaces as well as the right of way, which extends down the, it looks like the East property line. Are we, am I sharing the right screen right now? Yep, you're sharing your screen is. Yeah, I think that's the one right there. And if you could, if so, it'd be a C2. And if you could expand that by any chance, there you go. Great. So let me see if I understand what the plan is. The plan is that you would enter the property up by the, right through there, then there's gonna be a gravel driveway that runs down along the East side of the property line. Exactly, right through here. And this area right here would be for parking, these six spots right here. And this would just be like a little turnaround so that cars could get in and out, basically. And, well, currently it's a parking lot on the other side of the property that I guess is the property of the Cushman Market. Yes. And there's, so with the gravel from the driveway that run all the way to the Cushman Market property line, which also is either asphalt or gravel, I forget. My gut feeling is kind of a mix between the two. But yes, it would run, you know, about a foot or so off of the property line. Right, yeah, there's no plantings or grass or anything along that area. So, you know, unfortunately, this is a right away through the property. So, Kathy's really limited on what she can do on that Eastern property line there. And so your request for a waiver is from screening on the East side of the parking area or on the West side of the parking area? It'd be on the East side of the property. On the West side of the property, it's actually, there's some pretty nice natural vegetation already over there. And I think it more or less serves that purpose, you know, to screen it from a hitching post road here. Yeah, the only place is the first two. I think that's right. I was trying to, when we were on the property, I was trying to locate the parking spaces. The first two may give, light may trap, may travel over to the neighbors across the street, across hitching posts in the first two. I don't think, there is one existing tree there, I guess, but it's, I don't remember how much of a screen it would provide to the neighbors across the street. I mean, we would be willing to put a couple of plantings on the West side of the property. If, you know, as a condition, ordered condition, that wouldn't be an issue at all. Yeah, I think, I mean, I think you got, depending on what you do with the existing vegetation along the West side of the property line, I think that's a good idea. So some trees or some vegetation, I would think something that grows quickly, putting in something that's around four feet currently and then can grow up would make sense. Does that make sense to you? Yeah, are you guys okay with like arborvites or something along those lines? We see a lot of those. We also love something, other things as well, but, you know, more of a flowering plant or a, you know, something that, arborvites work, they're just, they're not as, they don't do as much for the birds and bees and pollinators. If you have any recommendations, please, you know, please give us a list of plantings that would be acceptable to you. And we're absolutely okay with that. I know Mr. Meadows sometimes has some ideas on this. And so during his time, maybe he can give you a suggestion questions. All right, that clears that up. Thank you. So I guess I have a question for Rob and this regards the requirement for under 3.3241.6. It requires a resident manager. I know there's not one currently in the management plan. Do we have to waive that or is that, has that changed under recent zoning bylaws? Changes. I don't know if it applies for this specific use. You said 3.3241.6. Yep, I think that's the one I saw. I was just running through the existing requirements and I thought that there was one required for this and I know there's not, it's not mentioned in the application. So maybe that's something that we can clear up before we move on to the public meeting. I can look into that right now, Steve, while we continue discussion. That would be great. The other point I had regards to landscape thing, Mr. Hildebrand is, one of the things that is gonna be a real, that would be a benefit to the community is to clean up the property. It's in, I know you're gonna remove that shed, which is just dilapidated and needs to come out and you're gonna have to do something with that ground that is the shed currently is on. And I'm assuming, but where there's no landscape plan to say it's gonna be, grass is gonna cover it or we're gonna put some shrubs there or we're gonna do something. So there's no real landscape plan and there is a requirement that there be a landscape plan appropriate to the application. So that isn't as strict, a full landscape plan but what's appropriate is something that shows us that the property is going to be in better condition than it currently is, that it would be improved. And you've got some old trees that I suspect are gonna come down. I'm wondering how you must have further thoughts than just what we see in front of us here about the landscaping. And I wondered if you could memorialize those either for us tonight or if perhaps we can get a landscape plan from you that we would review at a public meeting, not a public hearing and could approve before you start construction or start a policy. Yeah, so I could absolutely put together a landscape plan for you. I think I guess the way I kind of envisioned it is it would turn into more of a green space. It seems like there's not that big of a, with the parking, there's really not that big of like a lawn area per se at this point. So, I kind of envisioned it kind of being restored back to grass. Kathy, do you wanna comment on that at all? Yeah, actually, you guys needed to see my previous project, 52 Stasia Coach Road. I actually read down for the older grass for the neighborhood. And then every neighborhood is really appreciate that what I did. And then, you know, my plan is, of course I'm gonna make, you know, the lawn space is much better condition. So I think you shouldn't worry about it because, you know, always what I do is I wanna do the correct, not just like a couple of things that are up to make it easy way. So maybe all the town of Amherst person will know me. You know, I'm actually always a follower of what you guys suggest and make things pretty, not just making money. So I wanna just make things clear. I will give you big promise. I will make it really shiny and beautiful. So don't worry. You know, I love to plant things and then it should be easy to maintain for the tenant, but, you know, we will do best. Well, that's an, I like that response. I think maybe a good thing would be to come up with a landscape plan that you could submit. I don't wanna hold you up for this. I mean, I want you to be able to get started. My goal is not to delay the application, you know, our disposition of this application tonight because of that, but that you come up with a landscape plan that you can then send to the, send to the board and we can look at it at a public meeting. We don't need to have a public hearing at it and we can do, if you do that over the next couple of weeks and we look at it prior to your, to occupancy, that'd be helpful. But I'm not looking for, I'm not looking for. How about, you know, I have the land, landscaping company that I always work with. So maybe I can just ask him because he's gonna do it anyway. So I can just make things official for the town office. Yeah, yeah. That would be great. And I mean, have some to look at. That'd be great. Thank you Ms. Song. That would be perfect. No problem. So what we do is we'll make a, if you will agree, I would, I'll suggest that we have a condition that you submit a landscape plan to us from your landscaper and that we, we can review it at a public meeting but not a public hearing worth. We have to take a lot of time. Okay. All right. All right. And I also, the other question I have is the current siting on the house. Some of it looks like it's clavoured and some of it looks like it's either a tile or an asbestos or I don't know what it is. And number one, have you, if it's asbestos, have you determined that it's asbestos and how are you gonna take that down and not affect all the public coming through Cushman Market, which is parking right next to that? If it is indeed asbestos, it's gotta be handled carefully. So can you talk to us about that? Yeah, actually, I didn't actually get the right person. I didn't find the right person yet about to finish it up the siting. But I needed to ask, can I actually double layer off like instead of tear down? So maybe we would inspect it over course, from the inside, because we are gonna take off all the work because it's a smell, it's just insane. So we can't use any of them actually. So we can actually tear down from the inside, which means we will see the really outside of what is a plywood. So maybe we can inspect from there. So if nothing is major damage there, then can we actually double layer with the vinyl? Is it possible? You know, that's gonna really be a question we can't answer in the song. I can't anyway, from the board, that's really gonna be a building site, a building commissioner answer about that. What I was talking, so you'll have to work with the building department and Amherst about what's the correct way to deal with the interior. If you have some asbestos interior, I'm thinking the siting on the outside is what I'm looking at. It looks convenient. I don't know if you've made a determination if that's. So that's just, I think that's, you may wanna talk to, I don't know who's gonna do your work, but you're gonna have to, I think you're gonna have to determine if that's what is the composition of those, those clavards on the outside. Okay. Mr. Chairman. Yep. So I did look into that point that you brought up earlier about 3.3241 number six for converted dwellings. So in regards to the resident manager that you'd mentioned, and Rob Moore who's on now can back me up on this or correct me if I'm not correct on this, but the way I interpret the language, it looks like if it's already a building that's developed for multifamily use, you have to have either owner occupancy or resident manager. And I don't know if that applies in this situation because it's only a two family unit and not more than two. Rob Mora, if you are able to speak to that as well, if I'm correct on that, that would greatly appreciate it, but that's how I interpreted that section just now as I was reading it. You know, Rob, I think Rob is, he's on, but Mr. Moore is muted. So we'll go back to, we'll get his opinion when he comes back. Okay. That'd be good. Yep. Let's see. Those are most of my questions. I'll turn it over to other members of the panel. Mr. Meadows. Thank you. Have the same question that you alluded to as far as the parking is concerned. Given the way that the parking is for the Kirchman market where they seem to park along the right of way, might it be better to move those parking spaces back towards where the storage shed currently is so that when they turn out of there, there's a lot less chance of the parking that might occur for the Kirchman market interfering with your tenants entering or exiting from the parking spaces? You see any problem with doing that? Well, so you're saying move it down in this direction? Yes. I'll make sure I'm understanding you correctly. That's correct. I'm just a little concerned that there might be a bottleneck with cars coming in and your cars trying to get out. Like in this location right here? Exactly. They come in there and they park along the side of the market on the opposite side closer to the house. Of course, that could be some signage might take care of that, but the corner of the market is closer to where those parking spaces are anticipated to go right now if they were moved farther down towards where the shed currently is that might avoid any bottleneck. I believe that that might be helpful. You know, I think it makes sense to leave this parking closer to the residential structure here and what that does for Kathy or for the residents is it gives them a little more room here to have that green space and that lawn. And, you know, I think it's something, honestly, that Kathy, you know, that the neighbors are just gonna have to work out amongst themselves. Maybe at some point, you know, there is some sort of a barrier or signage or something allowing this property line that kind of delineates, you know, where these residents can park and also where customers for Cushman Market can park as well. Yeah, if that's the case, then I think you will need to put some signage and some barriers there. Okay. Yeah. There is no natural barrier between, there's no natural barrier between the property, Ms. Song's property and the Cushman property. I mean, it just, it flows one up to the other. Go ahead, Mr. Meadows, I'm sorry. Well, Rob wanted to have a comment. I think you wanted to make it. Go ahead, Rob. I just had a question in regards to parking. So I was looking through the management plan, these site plans that showed the number of parking spaces and the rental policies for the lease that was submitted as well with the application. And I had a question because it seemed like in the lease and on these plans, there's a different number of parking spaces that are indicated and allocated for each unit. According to the lease, it was four total and then two per unit and then here it looks like it's three per unit and six total. And then I understand that there's no guest parking on the site. I know there's guest parking and public parking nearby, which people can use but not specifically on the site. So am I correct in saying that it's gonna be six total spaces, three for each unit? That's correct. So we had met, we had an initial meeting with the board. I think we had initially called out four spaces. So I think that's where that discrepancy is to the lease. And they, you know, in that initial meeting, they suggested we maybe add a couple more spaces just based on the number of bedrooms in the units. When we had space on the site, I thought it made sense not to limit this parking. So we went with six so we can update it on the lease to reflect that. Mr. Chairman, can I ask that that be like a requirement for an additional meeting or something like that to provide update lease agreement? Yeah, they can submit it to the, they could submit it to us and updated lease parking in the same situation with a public meeting where we review it. And unless it's a significant, there's no need for a public hearing on it. The other comment I would have is that I think given the condition of the property, anything you do is going to be a vast improvement. But if you're going to do any plantings, please use pollinators as far as the types of vegetation that you're going to plant. Okay. Ms. Parks. Well, I was going to say that because parking is tight there, I wouldn't mind if you added more parking only because you are probably, if it's going to be students and there's going to be eight students living there or there's eight bedrooms, they're going to have eight cars because it's not close enough to walk to the college. I don't know where the closest bus stop is. Oh, it's the front of the house. Oh, there's a bus stop in the front that goes to UMass? Yeah, I mean, it's literally front of a house. Okay. I just, I guess my concern with properties like this is that people start parking in the front yard in the side yard. They park, it's like, they do a lot of creative parking in order to fit cars in. And so I appreciate that you want to have green space, but I do know that, this is kind of a parking lot next to a parking lot. So I would not mind seeing more parking spaces. It won't make me, I mean, I'm happy that there's six rather than four. I just, I guess I would say, I hope you're flexible in the future that if creative parking is happening that you create more spaces so that people don't start parking in the front yard or using pushmen as their apartment parking, which can happen. Absolutely. I think that's a great comment. So we do have the room to expand the parking in the future if need be, but I think it makes sense to kind of keep it as grass for right now in it. Like, and in the future, if we need to add two or three additional spots here, we'd certainly have the space for it. Yeah, I just think it keeps the property looking. I mean, even though it's a lot of parking, then people won't do the creative parking thing and end up blocking pushmen or end up taking pushman spots. And I'm also happy to see the sighting change. Any improvement to the property would be very nice and having people live there would be very nice. And so, you know, and having nice landscaping, improving that building that a lot of us see often would be great. Thank you, Amodan. Oh, thank you for your comments, too. Rob, why don't we restate the question we had for Rob Mora regarding the resident manager? Yeah, sure. Hopefully he has a zoning bylaw nearby so you can look this up real quick. But so for converted dwellings, I believe it was section 3.3241, number six. So it states the need for on-site management of like a resident manager. And the way I interpreted was that that only applies if it's for an already existing multifamily structure, converted dwelling, not for a two family. So I just wanted to make sure that's correct because Steve brought up that question earlier in the meeting about whether or not the board would have to waive that requirement or if they have to have it for this project specifically. So that's a mandatory requirement. The board cannot waive it. The converted dwelling, and just by definition, even though it's only two units as a converted dwelling, either has to be owner occupied or have a resident manager as we define it in the bylaw. Those are the only two options. And that resident manager can be one of the tenants that's appointed by the owner as the resident manager. Correct? But it would have to, you'd have to have an agreement with one of the tenants. If you did that, you'd have to have an agreement with one of the tenants to be the resident manager. That's correct. Okay, so that's a requirement under the zoning, the current zoning bylaw. Okay. And I suggest that we made a condition as well when we get to that stage. Yep. And the other thing, Mr. Moore, I just wanted to bring up to speed on, we were talking about both the parking and as well as the landscaping that the Ms. Song and Mr. Hildebrand have said that they would provide a more fulsome landscaping plan. And they would also, we'd have to update the lease on parking. And what I wanted to do is have that be submitted subsequently in the next, in the short time. And we come back and review it as a public meeting as opposed to a public hearing. And not have to, I don't want to, if we decide we want to go ahead and approve this tonight and I want to hold it up just for those two things. So that's approved that the planting and updating the lease and have it reviewed at a public meeting. Does that make sense? Yeah, that's fine. I would just add, you know, just for the timing purposes, you know, prior to the issuance of a building permit or something, if it is indeed something you're hoping to have come back relatively quickly. Yeah, that's what we do. Exactly, prior to my building permit. Yep, perfect. Okay. Other comments from board members? Other questions? Let's see. Mr. Chair, a few comments I'd like to make. Absolutely, Mr. Gilbert. Yeah, so, you know, in walking through the application report, I understand that with this as a, you know, sort of non-conforming lot, there's some challenges on the side yard and the overall lot area. I just want to state that from my side, I don't see those as being substantial issues with respect to, you know, retaining the building and it's basically in its existing form, renovating and adding one more unit in there. So I don't see those as significant issues. I do, however, have an issue with the request for a waiver of the landscape screening, I guess, like, you know, adjacent to the parking area, specifically because of this lot's location adjacent to, you know, a marketplace, basically a place of business. You know, taking a look as has been mentioned, there's really no delineation between Cushman and this property. And, you know, if we're suggesting that we're going to have six cars back there, basically parallel to the driveway of Cushman Market, where they have, you know, a variety of parking spaces back there, I think that this is something that we would absolutely want to delineate and, you know, have slightly screen to make a clear separation between these two lots. One other comment I'd like to make about the siding I had heard the applicant mention, maybe attaching vinyl siding over the existing siding, I would absolutely recommend that that is not the case. I think given the condition of the building, you're going to want to rip all that off. You are going to want to make sure that the building wrap underneath, you know, is not breached and, you know, the overall envelope of the building is in, you know, a decent condition as you, you know, apply your vinyl siding and as such. Again, as Mr. Judge mentioned, that's more of a comment for, you know, the building commissioner and et cetera, but I would highly suggest you to consider that moving forward. I think that's the approach that you're going to end up taking. Mr. Gilbert, can I explore more with you of the idea of the buffer between the Cushman parking lot and the parking spaces on the property? So we've got a right-of-way that runs down that property line as well, down through here. Yep, against the line. Yep, along there. How would you envision screening the parking places because it would be in that right-of-way? I don't know if you can do it in the right-of-way. Maybe you have to do it on the applicant's property and then move all those parking spaces a little bit farther to the west. What's the dimension of the right-of-way? What is it? I believe it's five feet on either side of the property line. I'm not sure if that's exactly right, but it's somewhere in that. In that realm. So if we're talking five feet, do we have an indication as, and I think Mr. Chair, you asked this question earlier, I might be mistaken, but do we have an indication how far the driveway is offset from the property line currently? It's offset one foot. One foot, so we would have to push it basically in additional four feet in order to accommodate. So what is preventing us from doing that? It's my question. Mr. Hildebrandt. So absolutely. We could slide that whole parking structure over. I think what we are trying to do is just preserve some green space on the lot and not make everything gravel. But we could absolutely slide everything over if that was a condition on the board. I would recommend as such, as long as there's not significant detriment, it seems like to the existing building location by pushing that over. I mean, to be frank, I think that the green space is really accommodated for in the rear. And if we're maintaining six spaces here, as is suggested, not adding the sevens, basically one per bedroom, then we do have, I think, significant green space as is. I think that's also kind of the challenge of these non-conforming lots, of course, and part of the reason from a zoning perspective why these adjustments want to be made for I think 26,000 square feet, et cetera, is the case to make sure that that's maintained. But I think looking at the lot as is and the existing conditions, I think that's still satisfied satisfactorily. So we'd actually be pushing it, that four feet plus whatever that landscape buffer is. So let's just say it's two feet for right now. So we'd be sliding everything over six feet and that would put us almost passed halfway through the property for a parking lot, for a parking area. Mr. Chair, any thoughts on that for you? I don't. For me, that makes, I think it solves two problems, Mr. Gilbert, that I was struggling with. One is how do you differentiate or delineate, you're using your words, the two parking spaces, which naturally flow one to the other. And I could see the difficulty that Cushman would have and that the property owner would have trying to keep those parking areas from going back and forth. I can see customers parking right up against the tenants of that building too. So I think that makes, it solves that problem. And it does then also call for, it increases the need for some screening for those first two or three parking spaces so you're not shining car lights into the neighbors across the street, across the kitchen post road. I think that solves some problems. So if the applicant is willing to do that, that would make a condition that they combat that the, before I can see a building permit, we get a new parking layout from them. And that could be submitted as part of the landscaping plan package. Yep, okay. Absolutely, could all be together and not have to, yep. Have a meeting. Okay. Yep. I don't have a problem with that at all. And if the tenant or if the applicant wants to expand that a little bit in order to accommodate Ms. Park's concerns, they can do that at that time as well or say future parking or some way to delineate it. Okay, so you guys would be okay with like a little strip of landscape buffer kind of right in this area here. Yeah. Yeah. Okay. I still think you're going to need some signage so that you don't end up with patrons of the Cushman market coming and parking in those spaces. Absolutely. Yeah, they won't, it's not, without that and without the buffer, it's not clear that that's not parking for Cushman. The other problem is that the back entrance to Cushman is right about the fourth parking space. So if you want, if you want to go into the back entrance of Cushman, that places, you know, that looks like a parking place for Cushman. And I can see where people can mistake it or just pop in there quickly. Okay. Ms. Parks. I was just going to say when you were talking about the screening, the screening should be on the Cushman side, but you won't, there also needs to be some additional screening in front of the first couple of spaces facing Hitching Post. Yeah. Yeah, that's right. That's right. Yeah, absolutely. Yeah. It's really blocking the headlights from Hitching Post. Sure. Yeah. I think it should be there. Okay. So we've got the landscaping and the parking. Are there other questions that, yes, Mr. Wachilla. I have two really quick questions, Mr. Chairman. So the first one deals with trash pickup. I know they have those three bins at the rear of the building. I just wanted the applicant to discuss how, you know, logistically a trash vehicle is going to get back there and take those bins and then, or whether they just wheel them to the front and that's how it's done. And then the second question I had is for the floodlight they're using for the parking area, would they be motion sensor? That's all I had. So the way I kind of envision this is that these trash receptacles are the one, you know, on the wheels and they're dragged, they're drug out trash day to the end of your driveway. I think it makes the most sense. And then as far as, so this is the photometric plan here. You know, I was thinking more of a timer, but it could be on a timer and a motion sensor. Do you guys have any preference to what you'd like to see? My preference would be the motion sensor because, you know, a timer you could have somebody coming in when it's off, but a motion sensor and a motion sensor means that it's not on when it doesn't need to be. That's my preference. I don't know if other members of the board have a different preference. I'd be in agreement with that. Okay, you'd want to see it on a motion sensor. Yeah, I mean, I think it's more efficient than it also provides, you know, when it's on when you need it and it's not on when you don't. Okay. Let's see. So you haven't decided yet on the clavids for the outside, but that's not really our responsibility to decide that, but that's something you're gonna have to come up with. And then the stairs in the front and the stairs in the back, as well as that porch on the first floor at the back of the house, is that gonna remain? Are you gonna redo that? So that's, if you look at the floor plan, it's the, you know, that porch looks like it's in, I don't know if you're gonna have to redo it or what you're gonna do with those two stairs and what you're gonna do with that porch in the back. So just my gut feeling with this property is most of it's gotta go, you know, including the siding. I don't, I really don't see a way around it. And I think once you start taking it apart, you're gonna find you gotta take it all the way apart. And it's the same thing with this deck up front here. I think it's in too tough a shape to rehab. I think at the end of the day, you're gonna be way better off, you know, taking it down and then putting it back up. Everything meets Massachusetts building current code. So that's just my gut feeling with the property. But until you start, you know, that demo process, it's really kind of hard to say exactly what you're gonna do out there. Yeah. And you all have, it's all gonna be built to code. It has to, it's not, I mean, I can't imagine how those stairs could make, could be made to. Exactly. We go through the building department, you know, after any approvals through you guys. So. Okay. Let's see. Is there anything else that I had? Any other questions from members of the board? All right. Any other comments from the applicant before we go to public comment? All right. So for members of the public who wish to comment on this application, this is your opportunity to do that. If you would so wish, you can use the raised hand function on your screen or if you're on by phone, you can press nine and staff will bring you in to our meeting. It looks like we don't have anybody, you don't have anybody that you see Rob, do you? Nope. No hands. Okay. So there's any other questions from board members or any other comments that the applicant would like to make at this point before we go into our public meeting portion. Great. So what I would do is without objection, we're going to move into the public hearing, public meeting portion of this hearing. That's typically not the time for public comment, it's the time for the board to deliberate. We're keeping the public hearing open in case we need to get additional information from you or from either from the public or from the applicant. So this is the chance principally for the board to discuss this amongst themselves. So I'll give you my impression and then we can talk about it. First off, I think it'd be a great service to the community and to the neighborhood to have this property fixed up. And I like Mrs. Song's representation of what she wants to do with the property and keeping it looking nice. And I guess with the other property you make, I think that's a very positive thing. I've been in that property before and it's really in bad shape. And you're taking on a challenge and I congratulate you for the work you're going to be doing and I know it's going to be hard work. So thank you for that. But I think there's a few things we'd like to do from this and that we've talked about. My feeling is that the landscaping, the planting, screening for the headlights as well as the differentiation between the parking spaces, perhaps moving them, providing some spaces for a future expansion of your parking. If you do have more than three cars for your tenants, you could find something because you're not going to want them parking in the Cushman place and we don't want to have it spilling over into the neighborhood if we have sufficient room to do that. You're going to need to have a resident manager and you can work with the town to do that. And that should be in your management plan. I think you should have included in your management plan. So a condition that we need to have is that the management plan is amended to include the provision of a resident manager unless you have an owner occupant in the building which I don't think you haven't mentioned that that's the case. So you're going to have to do that. And you have to update the lease on parking. So I'm inclined to think this is a benefit to the community and in the neighborhood but I'd like to hear from other members. Yeah, Mr. Chair. I agree with all the comments you've made there. And I think that pending some of the comments that were made here and a response basically from the applicant addressing those, I am in agreement. I mean, this is a blighted property. It's right next to a highly trafficked, let's say beacon of North Amherst that being Cushman market. And improving this is absolutely the benefit of the community at large. Mr. Maxfield, I see your hand up. Yep, I was just also going to jump in on the, I think this is a very good project. I remember when we visited it, what maybe a year or two ago, really seeing the bad shape, it seemed like it was going to be a tough sell but I'm glad that somebody's taking it on. And I think this is a good project. So I'm currently at this point, definitely in favor of what we're looking at here. Thank you, Ms. Maxfield. Any other comments, Ms. Parks? I agree. All right, you got it. Mr. Meadows, you mentioned that before in tonight's hearing. So I'm assuming you're good with this as well. I certainly am. All right. Any other comments from either of our two rods, Mr. Mora or Mr. Wachilla? Any staff guidance? Okay. So what I'd like to do then is go through the conditions first, go through conditions that we wish to impose. And then that I think allows us to make the findings we're, we have to make because those conditions, those conditions help us make, the way we can make the findings is that those conditions are complied with. So let's start with conditions. And what I'd like to do as I've done before is, we'll go through all of these and we'll try to approve them and block. But if somebody has an objection to one of these conditions, raise your hands and we'll pull it out and we'll vote on it and just decide it separately. All right, so the conditions are to start. We find those in on page, I guess it's 13 of the draft project application report. Yep. So the first, it's actually starts on 12, but the first condition is the boilerplate. You got to build it as you have submitted the paperwork and it's all listed out, all of the different plans that have been submitted and you got to comply with that. There's modifications to your lease. We'll talk about those later on, but and there's some modifications that we need a landscape plan, but and the modification of the management plan, but you got to comply with the, what you submitted. Number two, standard expires on change of ownership and then the new owner has to come and we approve the management plan. This is standard with all of our mental properties. The lease agreement has to be updated to match the management plan for six total parking spaces. We've discussed that, so that's got to be done. All rooms should be used as labeled in the floor plan that you submitted. We want to make sure that the enclosed porches are not used as a bedroom. Sometimes students will be creative and use places that are not, does that rule use as bedrooms, places that are not designed as bedrooms and so we want to make sure that that's not the case and that it has to be registered under the Amherst mental program, registration program. The approved management plan shall be followed by the property owner and it changes the plan shall be returned to the zoning board of appeals for the public meeting. No more than four and related individuals shall occupy each unit. That's all exterior lighting shall be downcast and dark sky compliant. You need street numbers for both dwellings. Parking shall occur on improved surfaces only and be maintained as needed. Parking areas shall be clearly delineated. We've talked about that. Individual parking spaces shall be painted marked or otherwise delineated in the manner sufficient to visibly identify set spaces. Total number of persons for dwelling unit is limited to 10 or total number of persons per dwelling unit is limited to 10 or fewer people at any time. This limit is total and shall include lease residents, leasees and residents unless written permission from the lesser or landlord property manager is granted for a specific number of persons. So it's not to limit a large amount of, so as to limit a large amount of people on the property any gatherings shall be coordinated so not, so as not to coincide with any gatherings held by the other unit of premises without written permission from the lesser or lesser's agent. So that's in your lease. Overnight stays for any guests are limited to four days in any consecutive 30 day period or 14 days during the lease term. Maximum number of overnight visitors shall be two people at any time. The property show it to register with the rental program is subject to periodic inspection and upon renewal, the applicant shall submit to the building commissioner. Again, this is standard boilerplate commissioner out to date complaint and violation log report with the Amherst inspection services. We've also talked about some other, so the landscaping are you're gonna come up with a submit something to us. One of the things you should include in that is like the schedule for how often you're gonna cut the grass. You cut it when it gets three feet or three inches or four inches or you're gonna cut it every two weeks. Just give us some kind of a, normally our landscaping plan has some kind of a schedule. So either it's a height or a time schedule for the grass and then you take care of the trees will be replaced that kind of stuff. That's typical landscape plan. You know, you've asked for the waiver. You've asked for a waiver of section 7.112 that's the landscape screening. And we've talked about how in lieu of the waiver there's no need for screening. So we're not gonna, I'm not inclined to grant that waiver. I think that we should use the screening. And then Rob, you had mentioned in this noted in your possible conditions, location and number of doors and windows that would be installed in the building. It seems to me, I don't know if any of those windows and doors are gonna be, can be kept quite frankly. And from the drawings, it looks like you're not going to change where the windows are placed or where the doors are placed but you're talking about, it looks to me like you're talking about replacing all the windows. So I guess, is that what you're intending to do? Yeah. So window is already ordered. So every single window will be replaced and then also doors. Good. Okay. I think that satisfies the concern that we raised. Good. So those are conditions. In addition to that, so we talked about putting planting by the, to block the lights, putting planting on the east side of the parking area and on the west side, updating the lease regarding parking. You're gonna need to have a resident manager and moving parking, yeah, and a resident manager. So what I'd like to do is combine those three things into a condition that says prior to a building permit, you submit something to us and we'll review it at a public meeting. We won't have to hold up the process of approval or special permit for that. Okay? Okay. Great. Are there any other conditions that I forgot or that members want us to consider? So Mr. Chairman, just to clarify, you want them to bring to the zoning board at a public meeting the updated lease with a number of parking spots corrected. You want updated, do you want updated plans that show where the plantings are gonna go? Yeah. Okay, so that's gonna be on the western portion of the parking area facing Hitching Post Road and then on the eastern portion near the right-of-way blocking Cushman's Market. Okay. And then did you also want to include language there about signage towards the entrance of the driveway to indicate each, where the Cushman's gonna go? Are they, I guess, in this case they're gonna put signage that shows the parking for the residential lots, correct? Yeah, I think that's a good catch. Okay. I got that, good catch. Am I missing anything from that? I just want to make sure I get this down correctly. That's right, updating the lease on the parking and then updating the management plan with the residential manager. Okay. And yeah, Ms. Parks, you're muted. Can they just put up a private parking sign on the residential side? I guess I'm just wondering what the signage, what you're hoping the signage will look like, but... Yeah, I think, I don't think it has to be very much more than a sign, it's saying parking for residents only or something like that. Yeah, that's what I think. Private parking can work too. I mean, would it make sense just to lead up to the applicant to decide what type of language makes sense for them? Yeah. Okay. And then, okay, location. All right, got it. Okay. I think we got it all. All right. So unless there's other suggestions, I would entertain a motion that we approve these conditions and block. So moved. Is there a second? Second. Second. Any discussion on the motion? All right. If not, it's a roll call vote. The chair votes aye. Ms. Parks. Aye. Mr. Maxfield. Aye. Jim Meadows. Aye. Mr. Gilbert. Aye. The vote is five nothing. Vote carries on these conditions. So based on the approved conditions for the application, I'd like to go through the findings that we have to make, that we're required to make for this. So the first is I want to reject the parking landscaping screening waiver that was requested by the applicant, because we've dealt with that in the condition. And the findings we have to make are, start with section 9.2, 9.22, which is in this case, what we have to decide is that we can grant a special permit, a non-conforming use of a building structure or land to be extended or a non-conforming building to be structurally altered, enlarged or reconstructed, provided that the authority, as the ZVA finds, that such an alteration, enlargement or reconstruction shall not be substantially more detrimental to the neighborhood than the existing non-conforming use or non-conforming building. I think we can clearly find with the improvements made by the applicant and the conditions to the special permit that will be not less detrimental to the neighborhood than it currently finds and we can meet the requirements of 9.22. We also have the Artificial Article 10.38 findings we have to make. The first is that it is 10.380 and 381, that it's soon to be located in a neighborhood. There are single and two-family residents in that neighborhood along Pine Street and this fits into the character of the neighborhood. 10.382, 383, 385 and 387 all generally deal with nuisance and to the neighborhood either noise, dust, vibration, lights or visually offensive structures. I think that they've taken care in this as well as we impose conditions that will reduce any light pollution that will I think benefit the community. And I think we can find that we have met the requirements of 10.382, 383, 385 and 387. 10.384 requires adequate facilities would be provided for the proper operation. They've got enough room to create a place for seven, a structure for seven bedrooms and you're gonna be on town water and town sewer, right? So you have those facilities. So I think 10.384 is requirements of 10.384 are met. 386, parking and sign regulations we've dealt with that through the conditions. So that's been met 387, deals with safety, vehicular traffic. I think we've improved the safety of vehicular traffic by the conditions we've imposed in the separation of the parking lot. 10.388 is not applicable, 10.389. There's a proper way to deal with the disposal of refuse and trash. And that's been, that should be in the management plan. 10.390, the proposal ensures protection from flood hazards is not applicable. Proposal protects to extent feasible, natural historic and scenic features. I think Cushman's market is probably historic and I think this will help to protect its value and it's, but it's not really put the purview of the committee. So that's not really valuable, although we all love Cushman's market. 10.392, with the conditions that we've imposed regarding landscaping, I think we've provided for the landscaping, the necessary landscaping. So I think we meet 392. 10.393 is again, protection of adjacent properties by the intrusion of lighting. I think the screening on your lighting plan does that to accommodate and meet the requirements of 10.393, 10.394 is not what steep, there's no steep slopes, it's not really applicable. 10.395 does not create disharmony with respect to the train and use. That's not applicable. 10.396 deals with screening for storage areas, dumpsters, rooftops, equipment, et cetera. You've got a screening for the trash. So I think that's meant the requirements 396, 397, deals with recreational facilities. There's sufficient open space, but it's housing that's not really a need for applicable. It's not really applicable in this case. 10.398, and this proposal is in harmony with the general purpose and intent of the bylaw and the goals of the master plan. I mean, this provides from no housing or housing of just one person for a number of years to providing housing for up to eight individuals, I think it provides, and starts to meet some of the needs. There's an underlying need in town for rental property and this is indeed that. So I think we have, I go through here and I think we've met all the requirements under 10.38, 10.38 and then I think also under 9.22, which are the only things we have to make findings on if I read it correctly. I don't think we have to make any findings under three and Rob and Rob can correct me if I'm wrong. So unless they do, is there any discussion about findings from board members? If not, then I would entertain a motion that we approve that we make those findings in block and block so that we don't have to go through each one. Do I have such a motion? So moved. Do I have a second? Seconded. It's been moved and seconded. Is there any discussion? No discussion. The vote occurs on the findings. The chair votes aye. Ms. Parks? Aye. Mr. Maxfield? Aye. Mr. Meadows? Aye. Mr. Gilbert? Aye. Vote was five oh, unanimous that we make those findings. Being that there is no other business on this matter, I would move, I would entertain a motion that we approve the special permit for this application. Let me just get the exact one. We approve the special permit under section, converted sections 3.3. 3.3241.49.22 and 10.38 for ZBA, where is it? ZBA FY2023-15 and that we close the hearing and public meeting on this application. So moved. Is there a second? Second. Unless there's any discussion, the vote occurs on the motion to approve the special application with conditions and to make the findings that we make and to close the public hearing and meeting on this. All those in favor will say aye. Ms. Parks? Aye. Mr. Maxfield? Aye. Mr. Meadows? Aye. Mr. Gilbert? Aye. The chair votes aye. All right, the motion passes unanimously. You guys had your special permit. Congratulations. Good luck, Ms. Song. I think you've got a big job in front of you. And please keep the, get those things into the building commissioner's office so we can look at them and do that sooner rather than later. We don't want to hold you up for your building permit, but we do want to see those changes made. I will also send an email tomorrow to Ben and Kathy with the requirements that are needed. And then I'll also outline the special permit process, what happens afterwards. Usually we have to render a decision document with the board signatures, and then there's a 20-day appeal period. So usually in this 20-day appeal period, you're free to start pursuing building permits for other areas that aren't governed by the special permit, but just keep in mind somebody from the public can appeal this decision from the board. So of course, I'll send the email to you guys tomorrow and then explain the process further to you. Thank you. You're welcome. All right. Thank you very much. Appreciate it. Thank you. Great. All right. The next item on the agenda is ZBA FY 2023-16, Mark Sofield requests a special permit under section 6.3 and 10.33 of the zoning bylaw to extend an existing special permit ZBA FY 2021-15 for a flag lot at Southeast Street, map 23D Parcel 57, RO residential outline, ARP and aquifer recharge protection zoning districts. This was a special permit that was granted in June of 2021 and the applicant has requested a renewal of that special permit. My understanding is that these special permits if there's no substantial effort made to comply, expire after two years, this renewal would give them an additional two years. So Rob, is there anybody representing the applicant on? There is. I think Mr. Sofield is PSF projects. I will make that person a permit them to panelist so they can speak on behalf of their extension requests. So they just have to accept the invitation that's sent to them. Sorry. That's all right. And before we go there, I just wanna make sure that we read all into the record the appropriate submissions. There was not a site visit. There was on this case, it's just a renewal of across for renewal. The submissions include a FY 2023-16 application which includes a boundary line. There was dated April 20th, 2021 topical optical plan, the plan showing two parcels of land and then there's planning staff submissions which includes a previously approved special permit decision and a certified list of the butters. So those and we don't have any public comment on this, do we? Rob, there's been no public comment submitted. Okay. So those are the list of the submissions. So I would turn to the applicant. Please give us your name and address and then you can just tell us why you're looking for a renewal of the special permit. Mark Sofield, 1339, Southeast Street, Amherst Pass. This is a property that's been in my family since 1974. And at my mother's passing four years ago, it was passed down to me, my sister and our, her two sons and my daughter. It's our intention to sell the property. There's actually an interested buyer in the property on this, attending this meeting. And obviously to do that, we would need to renew the special permit. Okay. And the reason, you just hadn't sold it yet and that's the reason you needed to renew. That's the reason. Is there any construction to decide that was planned for the property or was just the flag let itself? Correct. Yeah. All right. The only reason we have a two-year limit at times is because we don't want things to extend on and on with and never get done. But that's typically a problem with construction and not so much a problem for something like this. Right. Yep. But is there anything else you need to, you want to say? I did have one question. I found out yesterday. So at the request of the potential buyer, I have been trying to get an understanding of the cost of the site development for the lot because it's a flag lot. There's a long driveway. And there are no existing utility stubs from the street up onto the property. And I found out yesterday from the estimator at Carl's excavating who is working on a budget trust that there's a moratorium on street cuts on Southeast Street until 2025. Apparently the street was paved, last paved in 2020. Although my wife and I today were trying to remember that actually happened on this portion of the street. But in any case, if the potential buyer is not able to hook up to the city sewer until 2025 because of this moratorium on cutting into Southeast Street. I was wondering if the two year period for the special permit renewal could be extended at least until the moratorium is lifted. Mr. Sofio, this is above my pay grade. I don't know the answer. And so I'm gonna turn to Rob and Rob. Maybe Mr. Moore can respond to the number one, the question, the existing curb cut limitation and number two, some thoughts on longer than two years special permits and see what he says. Yeah, so I was trying to look at the map but I haven't figured out yet if it is in fact in an area that is subject to the moratorium. But in any case, that is the standard requirement. And I would encourage you to talk to the public works department about exceptions or any alternatives to possibly being able to make connections during the moratorium period. And if the location actually is subject to it. So that's would be my best recommendation there. The board cannot grant an extension longer than two years. So it actually is something that's permitted under state law if we adjust our by law but we have not adjusted our by law to be able to do that. So the maximum is two years. Of course, another extension could be sought if needed at that time and the board could consider that request for an additional extension prior to the two year expiration. I was also going to add that conditions six in the original permit from 2021 also states that the permit shall expire two years after the fact anyways. So you can't really go around that language to begin with. I mean, we have to keep that in mind as well. So we're limited to two years. Okay. Yeah. Great. Other questions or anything else? Mr. Sofield. No, that was my only question. Questions from board members. Ms. Parks. So is it so does the town recommend that we extend this for two years? And if there is a moratorium then it will just be another extension rather than leave this and then wait two years? I'm just trying to figure procedurally how the best way to do this for the applicant. You know, my feeling, I'll leave it up to Rob to tell me if I'm wrong. My feeling is that it's gonna be easier for the applicant if we extend it for two years now and then extend it again rather than forcing the applicant not extending it now and then forcing the applicant or the new owner or the applicant and the new owner to subsequently to have to have another special permit and start fresh. I think the extension would be easier than starting fresh again. It sounds to me. Indeed, I do not want to, it's obviously easier to renew than to reapply. Sorry. You're correct on that, Steve, by the way. I would much prefer that. All right, good question, Ms. Parks. Thank you. Okay, any other questions? Let's see if there's any public comment. That's any hands raised. I see no hands raised. Any further questions from board members or comments from the applicant? If not without objection, I'd like to move to the public meeting portion while keeping the public hearing portion open just in case we need to gather additional information. My thought on this is that this is pretty simple that we provide this extension. We don't have to make any other findings. We don't have to do anything except to extend it and the existing conditions that are in the current special permit will continue to flow forward, including the two years exploration. So it seems to me this is something that we should do for the, just renew the special permit. So moved. All right, is there a second? Second. All right, all right. So we got a move and second for the approval of the request to renew the application. And the motion is to renew the application, the special permit as well as to close the public hearing and the public meeting on this matter. It's been moved and seconded. If there's no discussion, there's a roll call vote. Chair votes aye. Ms. Parks. Aye. Mr. Maxfield. Aye. Mr. Meadows. Aye. Mr. Gilbert. Aye. Vote is five to nothing, unanimous. The motion carries. You've got your additional two years, Mr. Dr. Sofield. Very good, thank you. All right, that's great. There's no further applications before us. Next order of business is public comment on any matter, not before the board tonight. This is a chance for the public to speak on anything, except those matters that were before the board tonight. If there are no hands raised and I see none, Rob, then I think we can move on to new business or any business not anticipated in the past 48 hours. First off, Rob, what do we have scheduled next? So for the next meeting in June to be June, what is it June? 22nd. So as of right now, we do have one hearing scheduled. It's for a modification to an existing special permit. The address is 408 Northampton Road. I forgot the name of the apartment complex or condominium building that's there, but they're just trying to change a few conditions in their special permit. And then there's also a request to discuss with the board a public meeting in regards to a art mural. It's for, it was a special permit approved for I think it was a dispensary called herbology, but they're called something different now. I forgot their name, but of course the information, sorry, there you go, Rob. You got me. Pleasant Trees, great, clever name, my opinion. But those are the only two things coming up on the 22nd. Nothing for July yet. I haven't heard any permits or upcoming in the books for the first July meeting. So I guess since I have all the full members here, as you may know, Dylan and Tammy are both leaving at the end of the month, later terms expire. So Dylan and Tammy, I don't know if you both want to be included as panelists for that meeting on June 22nd. If you prefer that I leave you both out, you can let me know now, you can let me know later. I figure I would ask since I had everybody here if you both would want to serve as panelists for that meeting. Yeah, I mean, I can start. Yeah, I'm definitely willing to serve as a panelist for that final one. Neither of those, we sound like they're gonna extend past that meeting. So, yeah, I've already put in for that day off. So I am available. I don't want to miss out on my last meeting. That's good news, Dylan. We don't want to miss you either. We want to make sure we have one more day, one more meeting with you. How about you, Tammy? You're busy, I know. And so I don't want to put pressure on you, but if you can't agree, we understand. Yeah, I mean, it breaks my heart to be leaving. However, the next meeting is difficult for me as I was going to rush back from New Hampshire in order to come to attend the ZBA meeting. So if I don't have to do that, I would not mind having that pressure removed from my life. Well, considering all the time that you have dutifully participated in all these meetings, I think we can grant you this easily for your, and this can be your last ZBA meeting, although we hate that it's happening sooner than it has to be. You're certainly due a day off. I think I've only missed two meetings in the, how many every years. Plus the extras. Yeah, I think it's been since, Tammy's been since 2019, hasn't it? Yeah, I think it's been since 2019. Yeah. And it's been great. And I have many wonderful things to say about you all. And I want to especially say that Rob Moore has been so helpful and supportive and so brilliant. And thank you so much. You're a benefit to the town. Rob, thank you for stepping into worrying shoes. That was so, we were really worried that, you know, she was irreplaceable and you're doing a really spectacular job. Really appreciate you. And I just want to throw it also that Dylan, I really appreciate you because from the previous board and other boards that I've seen, one of the things that you brought to this, this board was like saying, how was everybody feeling? And, you know, which way are we leaning? And just kind of instead of being really officious, really getting to the nitty gritty of where we were stuck. And it's really been helpful. I think it really has made this board more efficient. And so I appreciate it. And Steve, you know, for me, you're very generous and honorable to all of the people who are speaking, even if we've heard the same points before and I think it's really important that you hold that space of being really kind and generous and open to people speaking. I mean, when people are coming here, when the public is coming to this board, it's very intimidating. And so to have someone who is actually listening to you and hearing you and appreciating you is in good. So I really appreciate what you've done. And, you know, I'm happy, I'm very happy to serve with you this whole time. And Craig, you know, you're my partner in crime. I'm sorry I got you to be on the dab. I apologize for all the things I've done. I will find a board or something to coerce you into going to. I've already been invited to join some other boards. I'm like, just not now. But now I really appreciate it. This has been really fun for me. And, you know, it's been just a really unusual experience, you know. And, John, you're bringing in an expertise that we don't always have. So I appreciate you as well. And, you know, and I hope the public knows that everyone here is a volunteer. This is what we do for fun. I mean, really. That's saying something about us. I don't know. Yeah, fun, yeah. Yeah, I mean, I think it's pretty amazing that you have people, you know, just a random intellectual, someone random who, you know, make this thing work. So I really appreciate it. I appreciate Amherst for that. And I appreciate this board. So I'll be around. Those are really kind remarks. And you've been a great help, a great member. I've enjoyed working with you a lot. And you brought a perspective that we didn't always have. And I appreciate it very much. And we'll miss you. Maybe when, I don't think I'll still be around. But when you have time again, you should come back and serve. I will still be here, but you'd benefit the town and in any service that you give. So thank you. Thank you very much. Thanks. And I hope to see you all around town too. Yes. And Tammy, I just want to jump in as well and say, it's been an absolute pleasure serving with you on this. I also really enjoyed the perspective that you brought into this whole thing. I really like that we got to serve our terms together, kind of just side by side like that. It was an interesting experience going through the pandemic with you right from the start to finish of the whole thing on the board here. And I'm glad we got to serve together. And knowing that you're going at the same time is just going to make it a little easier on me to go too. It's like, ah, it's not even the same board anymore. You know? But you're going to be on another board, right? I'm still going to be on board of licensing, that one has a little bit more flexibility in it. And its timing is right before I would go into an appointment for work. And they usually are only about 45 minute long meeting. So it's a little bit more something I can keep on the schedule. Well, good. Yeah, I mean, I hope everybody keeps serving. I mean, it's a good town to serve. And everyone's perspectives are important. And it only works out because people like you, Tammy and everybody else on the board are willing to put the time in, dedicate some time in their life to, you know, to benefiting the town. I don't, I mean, people don't always understand that. And they don't respect it as you alluded to. But it's really important. And I think all of you, and Tammy, you're the epitome of this, all of you have done, are doing a real service to the town. And it's benefited them a lot. And we should, I thank you all and thank you, Tammy. All right. Okay. Great guys. Anything else for the new business before we adjourn? My, I just have one quick question here. John, are you, John and Craig, are you guys going to be at the next meeting? Yes. That was the 22nd, correct? Yeah. I believe I have a conflict that evening. Okay. Yes, June 22nd. Yeah, I am unavailable, unfortunately. Well, in that case, then I'm just gonna, you're not gonna get my full goodbye that I'm giving everybody on my last meeting. But I also just want to briefly say, John, it was a wonderful serving with you. You are, I can't put it any other way, a very brilliant guy. And I've really enjoyed what you've brought to the board. It's only a shame that we can't get more of you over here because you really bring an expertise to it that's much appreciated on the board. So it's been a pleasure serving with you as well. Yeah, likewise, Dylan, thanks a lot for all of your efforts. It's been fun bumping into you sort of outside of the ZBA screen here and there in town. And stay in touch. I'm still around the area, so it'd be great to reconnect with you. And also Tammy, extending this out your way, thanks again for all of your effort. It's been a real pleasure serving alongside you. I think, you know, we've got a sort of rag tag group here and we all bring very valuable perspectives, I think to all these projects. So it's been great working with both of you as well as alongside everyone else here. Tammy, I will give you the opportunity to make the motion that we adjourn. You can do it. You can do your last, you got a last motion if you want to do it. So moved. Is there a second? Take the second. All right. This motion is not debatable. It's a roll call vote. I vote aye, regrettably. Ms. Parks. Aye. Mr. Maxfield. Aye. Ms. Meadows. Aye. Mr. Gilbert. Aye, aye. All right. We are adjourned. Thank you all. Thank you. You bet. Appreciate it. Thank you. See you around.