 And here you go. You pointed out our six o'clock. Having been reached, I call this meeting to order. My name is Steve Judge. As chair of the Amherst Zoning Board of Appeals, I welcome everyone to this meeting of the Amherst Zoning Board of Appeals. Pursuant to Governor Baker's March 12, 2020 order, suspending certain provisions of the open meeting law, general law is Chapter 30A, Section 18. And the governor's March 15, 2020 order, imposing strict limitations on the number of people that may gather in one place. This public hearing of the town of Amherst Zoning Board of Appeals is being conducted via remote participation. No in-person attendance of members of the public will be permitted. But the public can listen to the proceedings by clicking on a link in the town's 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 at interest. We will begin with a call of the regular, roll call of the regular members of the ZDA who have been impaneled for consideration of the items on tonight's agenda. Steve Judge is here, that's me. Mr. Langsdale. Here. Ms. O'Meara. Here. Ms. Parks. Here. Mr. Maxfield. And we also have a roll call of the associate members, Ms. Waldman. Here. Mr. Barrick, Mr. Greeny, and Mr. Meadows. Also in attendance, today is Marine Pollock Planner, Christine Bresta, Planning Director, Dave Washevitz, Lead Building Inspector, and John Whitten of KP Law Firm who is serving as outside counsel for the Board on this matter. 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. Each petition that is heard by the Board is distinct and is evaluated on its own merits, and the Board is not ruled by precedent. 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 for additional information. After the Board has completed his question, the Board may 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 raise hand function on their screen. The chair with the assistance of the staff will call upon people wishing to speak. When you are recognized, present your name and address to the Board for the record. All questions and comments must be addressed to the Board and I want to remind the applicant, my fellow Board members and the public to seek recognition from the chair before speaking. The Board will normally hold public hearings where information about the project and input from the public is gathered, followed by public meetings for each. The public meeting portion is when the Board deliberates and is generally not an opportunity for public comment. The following is a statutory timeline for ZBA action on comprehensive permits. Within 40 days from the closing of the public hearing, the ZBA must render a decision that is denial, approval or approval with conditions based on a majority vote. Within 14 days of its decision, the ZBA must file a copy with the town clerk. Within 20 days from the date of the ZBA decision is filed, the town clerk, with the town clerk, the public can appeal the ZBA decision. I want to briefly review the ways in which the public can be informed about the comments on this application in addition to these public hearings. Residents can sign up to be notified of any additional information recorded by the town concerning this application through the notify me feature on the town website. Copies of all submissions can be found on the town website. Go to the ZBA page, click on the links for 132 Northampton Road. This link will bring you to the page which will allow you to navigate to all public information regarding this application. Public comments can be submitted on the 132 Northampton Road page or email to Marine Pollock Planner at polockm at Amherstma.gov. Amherst Media will not be broadcasting tonight's hearing live. However, check their website for information on when it will be rebroadcast or you can view a recording of this meeting on the town's YouTube channel. Tonight's agenda is as follows. A public hearing to consider ZBA 2020-39, Valley Community Development Corporation, 132 Northampton Road, requests a comprehensive permit under Massachusetts General Laws chapter 40B to construct a new two and one half story residential multifamily building containing 28 small studio apartments and related common areas on an approximately 0.88 acre property located at 132 Northampton Road, map 14C, parcel eight, general residence and educational ED zoning districts. This meeting is continued, this hearing is continued from October 7th, 2020. Tonight's agenda is discussion of the applicant's response to the request from the 10-7-2020 meeting, review and discussion of suggested changes in the waivers that were discussed on our last meeting, review and discussion of draft findings, review and discussion of draft conditions, public comment on the application, board and applicant responses to public comments and general public comments on a period on matters not before the board tonight and any other business not anticipated within 48 hours. Since October 7th, since our hearing on October 7th, the board has received the following submissions, a PowerPoint presentation from the applicant responding to the questions from the board at our last meeting. We've received three public comments. John Hornick committed a comment via email dated October 7th, 2020. There was an anonymous comment submitted via the town website dated October 7th, 2020. And Stephen George submitted a comment via the town website dated October 5th, 2020. I wanna explain the process we're gonna go through tonight that we wanna use to make this the most efficient and beneficial meeting. We're going to review the responses to the requests that we had from the applicant at the last meeting. And then at the last meeting, we reviewed the waiver requests. We had just seen those waiver requests. And so there were some questions raised which we couldn't answer at the time. There were some suggestions for changes. And I'm going to ask the applicant and the town staff to review the changes made to the list of waiver requests. So we'll know the current status of the waiver request list. Then we'll review and discuss draft findings and we'll review and discuss draft conditions. The findings and conditions are drafts. And we have only seen them for about 24 hours. I'm not ready to vote on final approval and adoption of these conditions and findings at this time. And this isn't anybody's fault. Everybody's acting in good faith. Everybody's working hard. Everybody is trying their best to get this done. There's just a lot of work and not a lot of time has elapsed since we last met. But for us to do our job, we need to have the final documents before us. So based on our discussion tonight, staff and the lawyers for the town and the applicant need to have them back to us in a form that is ready for final consideration by the board. And which the board has sufficient time to review. I think we should have five days with the final version of waivers, findings and conditions before we vote on them. And to accomplish that, we won't be able to meet next week. We'll have to meet two weeks from now. So I will propose that we meet two weeks, again in two weeks to consider the vote and perhaps vote on findings, waivers, conditions and perhaps the comprehensive permit itself. So what I want to do is to try to give all of us enough opportunity to review, understand the conditions, the findings and the waivers, and then vote on the final package when we've had enough time to review them. Is there any questions among board members about the process or the procedure tonight? Mr. Chair, I just want to point out that Mr. Maxfield has joined the... Oh, thank you. So if he wants to say yay or that he's present. I am present. All right. So noted. So the first item on the agenda is the answers to the questions that we asked at our last meeting, excuse me. Ms. Baker, are you representing the Valley Community Development Corporation tonight? I am, yes. Would you identify yourself for the record? Sure. This is Laura Baker from Valley Community Development Corporation and the real estate project manager. Valley is located at 256 Pleasant Street in Northampton. Great, thank you. You submitted a PowerPoint presentation for the board. We should go through that now. Great, folks see this. It wasn't so much questions, it was really just the kind of follow-through on the details of some of the things we talked about last week. It's pretty brief. We had designated an area. The board had a preference for a particular location for the smoking area and we wanted to just kind of try to put together all the pieces of what that might look like. You folks have seen the pavilion before. It's an open-air structure. It's approximately five feet, seven inches by eight feet. We're thinking we would add spaced board, cedar board slats along both sides and the rear of it. The way that it's oriented now, you would be sitting on it and your back would be to Amherst College and you would be facing 132 Northampton Road. So putting some of this kind of open slat work would definitely provide additional screening and privacy while not putting people in a total box. Potential bench, fairly simple and too secure with a smoking urn, fairly typical and a color to match the bench. We talked a little bit about the fact that when we relocate the smoking area further from the building, we get into a great issue and that we will need a low retaining wall about two feet high. We're inclined to use a ocean stone, field stone style of wall in that location. So this is the site plan with all of the changes identified in red that have been made during the course of these hearings. So from the original submission to now. Relocating the bike rack over here, used to be like this. This is where you're seeing that end, hopefully end location for the smoking area. The patio shifted a little bit to get further away. We do have the planting beds also got shifted a bit. And you're seeing here this 25 foot radius that was requested by the fire department for the purpose of incoming and outgoing emergency vehicles. The other change I will notice, we had brick pavers on this patio but the disability committee recommended against those. And so we're proposing concrete paving that's probably gonna be stamped with a pattern but not presenting as much of a trip hazard as pavers might. Rachel, did you have anything you wanted to add to this update? Yeah, one of the, it includes saving the- Rachel, just Ms. Laughler, just please identify yourself for the record. Thank you. Rachel Laughler, landscape architect with Berkshire Design Group, Foreland Place, Northampton. Yeah, so it also includes saving the apple tree on the southern part of the property line. And that's reflected in this plan as well as our revised grading and our revised demolition plans. So we were thinking the surface under this smoking area would probably be the same as this walkway, which is kind of a conglomerate recycled material that is pervious. And then this is just showing the grades kind of right in this location. All the other grades have remained the same. Grades right here are changing to create this level area here. And yeah, go ahead, Rachel. We added a note and we also changed the grades adjacent to where the tree is. And we added a note to hand grade in the drip line of the tree. So it goes way back to the time when the zoning board came for its site visit. There was a tree over here that was scheduled to be saved and someone asked a question about whether an apple tree that's here could be saved. And we said, we thought it probably could. So we're changing the demolition plan, grading plan slightly to be able to preserve that tree. And that's it, unless there are questions. Any questions from board members regarding the presentation? Great and speaker, it looks, and there's less that looks pretty straightforward to me. Thank you very much. Sure, you're welcome. The next item of business will be to discuss some changes to the waiver requests. And I know that from last week's meeting, there were some waivers that we had to work on, we had to modify. And I think that the town staff and the applicant can describe the changes that were made from the waiver request that we saw last week. They have no intention to run through every waiver again, but just some that were modified or deleted, okay? I'll flip it for it, Maureen. I'll start, Maureen can help. So yes, we, I removed a reference to article four development methods, which was considered to be extraneous and not relevant to this application. Similarly, I removed a shared parking requirement, which was not needed, and removed an emergency access requirement because we'll work that out with the fire department later. And the waiver related to the rental permit, we just don't need it. We're just gonna follow the bylaw. Remove the reference to the demolition permit based on the building inspector's comment that they didn't require a separate demo permit. In any case, removed a reference to 6.132, which had to do with the side yard that wasn't needed, and added a reference to 6.134, having to do this with the side yard that was needed. The big change in the side yard language is the addition of the smoking area because it is close to, it is within the side yard on the western side of the property. Tinkered a little bit with the temporary signage requirement just to be clear that we're asking for a waiver of two things, really the size of the temporary sign as well as how long it stays on the site. We wanted to take Nate Molloy's recommendation that we're asking for basically a four by eight sheet of plywood that we can mount and everybody who wants to put signs, which typically means our funders, lender, local lenders, contractor, maybe Valley, you know, that we aggregate our signs on that one signpost. I think we were waiting Maureen for feedback from Attorney Whitten on the inclusionary zoning items or are those all set? For the waiver requests under inclusionary zoning, those are fine. Okay. Yeah. Those have not changed. Under 15.12 and 15.14. I took out the general bylaw waiver requests for a waiver of the work in town road permit and local driveway permit based on the clarification it's a state road, we're gonna have to get permits from MassDOT and not from the town of Amherst. And then I think we were waiting on some clarification on the water connection and sewer connection. I do see language in the list of potential conditions that seems to address that. How can we both get a permit and yet make sure that we consult with the DPW when it comes time to connect those utilities. So I didn't change it in the list of waiver requests. I just left it the way it was originally. But that is gonna need some, we need to look at that, make sure that it's coordinated with the conditions. So this may change again down the line. Yeah. And I didn't remove, cause it felt like I wasn't sure of the whole mind of the board, the kind of catch all waiver request, that's the final item. If I may say, I think I looked at that today and I remember when we talked about it last week, it seems like it's really broad. And I would think in effect it waves you from almost everything. So, and I know that's not the intent. So I think we should probably, that's one where I think Mr. Whitten, your lawyer, town staff would be great in trying to try to work that down to a more narrow waiver for that, what you really need, what you can foresee. All right. That's very reasonable. And the only other question I had was the waiver of 3.323. I don't know that we discussed it on the last meeting, but it grants you a waiver from a requirement that it be located close to a heavily traveled street or that apartments be located close to a heavily traveled street or streets close to a business, commercial educational district or in an area already developed from multifamily use. And then, which I think you meet, which are qualities that you meet. I don't know why, I'm not sure why that one is there. And it may be, I don't know, Maureen or Mr. Whitten. I don't know if you can tell me if that's required. It just seems redundant to what we're doing. Yeah, I mean, I would agree with your assessment, Mr. Chair, that this location, which is located on North Hampton Road, which is also route nine, is located on a heavily traveled street too. It is directly abiding an educational district and three, it is in an area with a mix of single family and multifamily residential uses. It doesn't hurt to, yeah, I guess I would leave it to the applicant whether they still wanna make that request or not. To me, it's more that we're showing that we meet that standard. So if we're all in concurrence, that that's the case. And I don't think we're asking for a waiver from anything, because we comply. Yeah. Well, what you're specifically requesting a waiver from, or sorry, I'll, well, I'll just finish, is the special permit requirement for apartment building. Right. And then the dimensional regulations, which is, you know, article six, table three, and then article six, table three, put no M. Those are ones, are those listed other places? Yes, it's on page two or four. Page two, yeah. Well, here's what I, I mean, it seems to me that if it's, in your judgment, well, Mrs. Hardy, you had your hand raised, so do you have an opinion? Yeah, thank you, Mr. Chairman. I think that our original thinking about why that was included was that there was an element of subjectivity to, you know, some of the terms in the, in the zoning by-law, and that's why we put it in. You know, we can always take it out, but, you know, because it was somewhat subjective about, you know, what constitutes a heavily traveled way, and some of these other concepts, I think that that was, that was the thinking behind including it in the first place. Thank you. Well, my feeling is this is built in suspenders, and if, unless in your discussions with town staff and our attorneys and your attorney and the applicant, you come upon other reason to keep it, I think it should, it should, it can go, but if you come up with something, let us know next week, okay? For next meeting. Yep. All right. I have no other questions about the waivers or the changes. Does anybody else have a question on waivers or changes to those waivers? Ms. Hall? I did regarding waiver requests for the landscaping guidance guidelines. I did receive an email correspondence from Alan Snow, the tree warden earlier today, and he said, no public shade trees are involved with the project since Northampton Road is, oh, sorry, he does not, sorry. I can't seem to open the link, but as far as I know, no shade, no public shade trees are involved with the project since Northampton Road is a state road. As far as the landscape plan goes, I wouldn't have much input since Northampton Road is a state road, so a waiver seems appropriate. Okay. All right. Any other comments, questions from board members regarding waivers? All right, then we can look forward to revised final version of waiver requests for our next meeting. The next item on the agenda is a discussion of draft findings, and what these are, we are required to, and please correct me if I'm wrong, either Maureen or Mr. Whitten, we are required to make certain findings in order to meet the requirements of the chapter 40B and the requirements of the comprehensive permit. And so what you have before you, what you have before you is the first draft of those findings, many of which are used in other 40B comprehensive permits. So some, and we've tried to, I know the staff and I have tried to narrow those down to ones that are applicable to this application. So what I'm going to do is read through those findings because I think it's important that we make that as a public finding, read through them, and then this document will be modified and put in final form for us to review them based on discussion that we have. So I'd like to go through this and then open it up for discussion by the members of the board. Mr. Chairman, could I just be just, thank you Mr. Chairman, good evening members of the board. Mr. Chairman, the findings really are important for any adjudicative hearing, but I think particularly so because the town of Amherst is consistent with local needs. So the findings are the facts as discovered by the board. So it's what's reflected in the record, it's what the board has her testimony on, it's material submitted by staff and other town departments, and it's the board's own conclusions as residents and adjudicators in this matter. The reason it's so important here is because when the board grants waivers from local bylaws, the board is making a connection between the finding of fact and the importance of the waiver. So the way I like to think about it, it's really the glue that makes your ultimate decision rational. You're taking facts and you're applying this rational thinking to lead to a conclusion. So it's an important kind of logical process, it's a really important legal process, and it gives the board's decision credibility because now it's rational. It's not just fact jumping into a decision, it's a fact that's analyzed that leads to a decision. And that's why the findings of fact are so important in really all local decisions, but especially so because Amherst is consistent with local needs. Thank you, Mr. Wittman, that was very helpful. And I think it sets us up perfectly for our effort here to try to go through this. So what I would like to do is I'm gonna read the findings to the extent that you have a question about them or want to add something or delete something. Let's do that after we go through all the findings as opposed to breaking down each one. So in these draft findings, which we got yesterday, in accordance with the requirements of chapter 40B, the ZBA makes the following findings. The town of Amherst has achieved the 10% affordable housing safe harbor. However, the ZBA found that the project may proceed and that it is consistent with local needs because one, according to the application filed with the town court on May 28th, 2020, the applicant shall satisfy the limited dividend organization status before any building permit issues. The project is eligible for funding by a subsidizing agency under low or moderate income housing subsidy program. The applicant controls the project site and the department of housing and community development, the subsidizing agency makes a positive determination of project, made a positive determination of project eligibility with respect to the project and the project site. The ZBA finds that the proposed proposal is in harmony with the goals of the master plan to increase density and I would change that to in already developed areas and add to preserve and expand the number of affordable and moderately priced rental units and housing stock and provides housing and services for people in the area who are homeless. Number three, according to the sets out the need, this goes further on setting up the need, according to the 2013 housing production plan approved by the department of housing and community development, the 2015 comprehensive housing market study completed by RKG associates and the 2010 housing needs assessment. Amherst rental vacancy rate is below 2% compared to a national average of over 10% and a Massachusetts vacancy rate of around 6%. A recent study of eight of the larger rental complexes in Amherst that are subsidized or lower cost rental unit developments found that only four of 1,252 total rental units were vacant suggesting a 0.3% vacancy rate in that type of lower cost rental housing in Amherst. I think B and C are not applicable in this case. Number of students and a number of young families are not an applicable finding at this time. So the next one is D, about 4,020 households or 56.1% were paying too much for their housing and an estimated 2,700 households were spending more than half of their incomes on housing in Amherst. The housing production plan determined that there is an unmet need in Amherst of 505 units for households earning between 30 and 50% of area median income. The plan recommended 200 units of affordable houses housing to be created by 2018. The comprehensive housing market study determined an annual demand of approximately 475 rental units. There is strong regional demand by traditional non-student households seeking smaller units and approximately 1,000 non-elderly non-student renter households in Amherst would qualify under the planned tenant income restrictions with a housing in the project and another 1,500 non-elderly non-student households in the secondary market area around Amherst would also qualify. According to the Amherst Housing Authority letter dated up December 6th, 2016, currently over 800 applicant households with local preferences are on the section eight centralized waiting list for one of the 227 units of family housing owned and managed by the authority. An applicant applying today may wait from three to six years to rent a unit. The next area I think has to be updated, Maureen, that's the according to the Amherst Municipal Affordable Housing Trust memorandum dated June 17th. Correct, I apologize, I didn't get a chance to review their letter from really. You can put that in for the final by the next in two weeks, all right. But again, it points to the need, the gist of the Affordable Housing Trust memorandum points to the need for, and the demand for affordable housing in the town. And the same thing with the next, we need additional information on the next finding, but due to the very low vacancy rate and single occupancy units in Amherst, particularly for lower rental units. And then we've discussed some additional length I think that additional language that struck out can stay in there, is that correct? That right now we have struck out ongoing pressure on the local housing market by the many students in the area seeking off-campus housing, a continued local and regional need for additional low and moderate income housing exists in the town of Amherst. That's certainly a factor in housing demanded in the town. The ZBA finds that the project is conditioned that the project as conditioned, which we'll discuss later, is consistent with local concerns because it protects and advances the health and safety of residents of the proposed housing by the proposal provides safe pedestrian access within the project site for providing walkways within the new development. All rental units will be accessible to the mobility impaired, visitable, inclusive of two fully accessible units in accordance with AAB requirements. This project does not create an undue burden upon the schools of public schools of Amherst. It addresses fire protection and other public safety concerns. It's providing for adequate municipal water and sewer via connections. And it connects to municipal sewer and water, the ability of the proposed sewer disposal and water supply systems to serve the proposed use is considered to be adequate. The property is connected to town sewer and water systems. I think we have some duplicative language there that can be cleaned up. The town engineer has reviewed the project and has not expressed concern with the proposal regarding these issues. The project will comply with the town engineer's conditions. To the project protects the natural environment, the applicant will provide energy efficiency and low carbon footprint by providing compact efficient use of space, building an envelope with high R values of insulation, energy efficient triple or double pane windows with low U ratings or value, ERV energy recovery ventilator for mechanical fresh air, highly efficient HVAC systems, a variant refrigerant flow mini-split system as anticipated, high efficiency air source, heat pump, domestic hot water heaters, energy star appliances, energy efficient LED lighting coupled with some exterior, solar powered LED lighting. And as budgets permit, closer will take panels maximizing roof surface will be included. The development is located in a highly walkable location in close proximity to services, shopping, medical facilities and the bike trail. Multiple bus stops, the number of tenants who own cars and therefore the number of vehicle trips per day will be minimized. This reduces energy use associated with the property. The design and construction of the storm sewer system that will reduce runoff and filter solids and sediments. The project is located on a previously developed parcel which helps preserve outlying open space. And finally the entire area of the new construction is located outside of any FEMA flood zones of the town, flood prone conservancy district and there are no steep slopes on the project site. Three, the project promotes better site and building design in relation to the surrounding and municipal regional planning and or preserving open spaces. The creation of private spaces within the project, which this is found that the project creates private spaces within the project, which are connected to common spaces which foster community. The location of the project is on Northampton Road which is heavily traveled. The location of the project is in the vicinity of downtown Amherst. The project site is in close proximity to business and commercial zoning districts and it abuts an educational zoning district. There is a mix of housing types including single family homes and multifamily homes located in the neighborhood surrounding the project site. This project site is close to bus stops. The location of the project site is in close proximity to existing bike lanes, the Norwa Tuck trail, rail trail and an 11 mile combination bicycle pedestrian paved right of way running from Northampton through Hadley and Amherst to Belcher town. The location of the project site is in close proximity to woodland walking trails and other recreational opportunities. The project meets several objectives strategies of the town master plan summarized as follows. Objective H2 preserve and expand the number of affordable and moderately priced units. Strategy H2B, I think that should be, that should remain, it shouldn't be struck out here. H2B creates incentive to make it financially attractive for developers to build affordable and moderately priced units. Strategy H.2.1, partner with Amherst housing authority local community development corporations, nonprofit agencies and other groups to expand affordable housing in Amherst and objective H.6, improve housing services for people in the area who are homeless. Strategy H.6.D, decrease the amount of housing, increase the amount of housing available to people of very low incomes. G, adjacent properties will be protected from the intrusion of various types of nuisances including pollution, light and noise because of appropriate site structure design and the use of appropriate design and materials for contaminant, ventilation, filtering, screening, soundproofing, sound dampening and other similar solutions because the project includes a protected off street parking area, protected off street loading area, protected off street trash disposal area and efficient mechanical equipment including some roof mounted. I wanna check that. And surrounded by appropriate screening and noise muffling, in addition to the project, in addition, the project includes energy efficient exterior walls and windows. H, screening has been and shall be provided for storage areas, dumpsters, similar features, functions and services for the building and will be provided in the courtyard areas. Screened from adjacent properties by the building and by fencing and screening. Any mechanical, I'd add the word mechanical rooftop equipment shall be screened and noise muffled. I don't know if any mechanical equipment is proposed for the site so we may not need that but that can be looked at for the next meeting. The traffic study shows the traffic associated with the project will have minimal effect on the impact on the traffic flow in the area. The project provides for a resident services coordinator on site property manager, leasing and marketing representative and a 21st 7 emergency call center. The project shall be serviced by the town water and sewer. Stormwater runoff shall be handled by on site drainage features as reviewed and approved by the town engineer. Except as provided for in the plan of record, all exterior lighting shall be downcast to prevent lights billage onto adjacent property. Trash and recycling will be stored within the screen dumpster areas in at the project site and picked up regularly. We have an extra word in there at the project site. Therefore, and the conclusion is therefore ZBA defines and determines that the project as conditioned despite the fact that the 10% affordable safe harbor has been achieved by the town satisfies local concerns and it's consistent with local needs as required under general laws chapter 40B and 760 CMR 56.00 at sec. Those are findings that we will have to, these are the draft findings that we'll have to make that we shoot for the project. I guess I'd open it up to comments from anybody aside from some questions about areas that we need additional information on a few grammatical changes. They look like it meets the needs that we've discussed in our meetings and the facts that have been presented to the ZBA. Do other people have questions? Board members first. Yes, Keith, Mr. Langsdale. Number one, A, the applicant shall satisfy the limited dividend organization status before any building permit issues. What is that? I think that they are, well, let's ask the applicant but I think they meet the need for that, Ms. Hardy. Yes, Mr. Chairman, thank you very much. It basically means that Valley CDC is a non-profit organization. And Mr. Whitten can speak to this also. The regulations regulate how much profit anybody could make on a project that is put forward under chapter 40B and in this case, Valley CDC satisfies that requirement by being a non-profit. The point I was going to make about this same finding, Mr. Chairman, is that the word shall should be changed to the word has because we've demonstrated that we are a non-profit. Good point. Mr. Whitten, do you have any comment on that? No, I agree, Mr. Chairman. The limited dividend status is very relevant when the board is reviewing a not non-profit, a for-profit comprehensive permit project. Issues of for-profit matters in chapter 40B is an extremely controversial issue but none of those issues are raised here where the applicant is a non-profit. Mr. Langsdale. Number two, would you please again say what your addition is to that? Sure. Yep. So it would read as follows, the ZBA finds that the proposal is in harmony with the goals of the master plan to increase density in already developed areas and then changing the changes and preserve and expand the number of affordable and moderately priced rental units and housing stock and provides housing and services for people in the area who are homeless. So we add to that what is there, preserving and expanding affordable units, moderately priced units and providing housing and services for people who are homeless, which really just kind of expands on the relieve the pressure. We don't deal with specifically conversion of single family units to rental units. And I'm not sure that this does, that this project does that. Mr. Langsdale. Yes. What's next? On page four of four, you had the, on H, Yep. It says roof top equipment shall be screened and noise muffled. And you said about adding mechanical roof top equipment and then thought that perhaps it wasn't needed because we didn't know if they're going to have, I would propose that we keep it so that if there is a change and they come back to us at some point later, I think that that should still be in the findings. And we should probably say change the findings to say that any mechanical, and we don't want to have, I don't think we need to screen the solar panels if they come up, right? You're not looking at that. No, no, no, no. Right. So it would be something to say that any mechanical equipment placed on the roof shall be screened and noise muffled. Since I don't think any is planned currently, if I understand that's that right, Ms. Baker. Okay. So then we'll put it in the future tense that should any develop. Okay. And then one more. Yep. The dam, except provided for on the plan of record, all exterior lighting should be downcast to prevent light spillage onto adjacent property. I believe that it should be a dark sky compliant. It should state dark sky compliant. I think that's fine. Okay. And we can, you know, what we should do is we should say dark sky compliant as stated in the rules and regs of the ZBA. That's what we've done with other ones, right? Yeah. Good. Yeah. All right. So that's a change we can put rules and regs. Any other comments, questions regarding the findings? Just a second, Ms. Hardy. We want to see if anybody from the board has a question first. Okay. Ms. Hardy. Thank you, Mr. Chair. I have a suggestion for section one D on with respect to the housing burden, the expense of the housing burden that is being born by people. I think it's in section three on page one that, I'm sorry, I've lost it right now, but the words were, there was a finding that folks are paying quote too much for their housing. I'm sorry, I'm having trouble finding it again. That's number D. Yeah. It's three D and I'll read it for you. Yeah, go ahead. 56.1% were paying too much for their housing. So that is the judgment, not a fact. So is that 30%? Yeah, you might want to just use the threshold of paying more than 30% for their housing. It just makes it a little bit, it quantifies it a little bit more. Yeah, I agree. And then one other suggestion I would make on page three, item three, having to do with the findings about why this project promotes better site design and buildings that design in relation to the surroundings. The board might want to consider adding a finding regarding the proximity of the project to the town center and shopping areas because it promotes, you know, people walking and being able to access those amenities that are close by. You know, I feel like we've talked about the commercial areas and how that it's close to commercial and other sites. But I think that's... I'm sorry, I think, yeah, you may be right. It may be in 3B. Yeah, I think it's 3B. I just thought it could be called out a little bit differently, that's all. Yeah. Thank you. Thank you. Ms. Parks, did you raise your hand? Nope. I was just saying that it was in 3B. Okay, Jane. Yes, go ahead. Me? Yep. Thank you. A few corrections, I think that have to do with the Beacon project. On the last page, page four, item H. We don't have a courtyard area really defined in this project. And in J, we have a part-time on-site property manager. We don't have a leasing marketing representative. Again, I think that's a carryover. That's a carryover. From the Beacon one. And then in... Hold on. So we got a part-time, those are good catches, part-time. Property manager. You do not have a leasing, let's take that off. Okay. And we have a 24-7 emergency call number. I don't know what a call center is, but maybe it's the same thing. And then in M, we've already proposed all of the exterior lighting to be dark sky compliant. So I think the phrase accept as provided for on the plan of record, again, doesn't relate to this project. Is there anything in the construction? I thought it was perhaps for construction. During the construction period, there might be some lighting that is not downcast. It wouldn't be on the plan of record anyway, because it's really the final. All right, well, if you don't need it. I don't think we need it. If you don't think you need it, then I think it's a stronger finding that all of it is downcast and dark sky compliance. You don't have a courtyard area. Is it a, you do have an area where people are going to gather a patio. Can we have a patio? Yeah. So, dumpster is provided in the screening, should be provided for storage. And that is screened. The patio is screened from other areas, right? So I think we just substitute patio area instead of courtyard area. Is that fine? Sure. Okay. All right. Ms. Parks. So it says services for the building will be provided in the patio area. It's not really the, that's, is that accurate? Screening has been provided for storage dumpsters. Similar functions and services. So functions for the building and services for the building. Will be provided in the patio area. I don't, services are not provided in the patio area, right? It's just that there is a patio. Yes, you're right. I suppose that you could provide services there at some point, you could have meetings, but that's not the purpose of this finding of the subjects is that services are there. Yep. Although there is going to be a common area, right? So services, so there is, I don't know if we want to say that as we'll add the common area as well. It seems to me like Beacon had some specific activities that are going to be in the courtyard and protected from public view. That's what this section H seems to be about to me. So those accessory uses are already provided for in other ways. The accessory uses in the common areas would be part of the service plan. Right. This seems to be about screening unsightly things like dumpsters and loud mechanicals. Ms. Pollock, did you have a comment? I don't. Okay. So I think the thing we want to do is remove that courtyard area. Okay. Anything else? All right. I think we have these pretty much done, you can review those over the next couple of weeks or two weeks and then have them ready for our final review and approval two weeks from now. Okay. Lastly, we have 124 draft conditions. I think the way to do this best is to work on each of the broken out sections that have been established here, such as regulatory condition, a stormwater management conditions, site improvements are on, as opposed to trying to go through each one individually and ask questions on each one, we're trying to read through 124 conditions before questions are asked. So I'm going to break it up that way. It also gives me a chance to get a glass of water and to stop my vocal cords a break. They haven't had this much exercise since I went to a football game. And that's been a while or a loud concert, I guess. So what I'm going to do is try to run through these quickly, make notes on changes, questions that you would have about them, and then we'll come back and do each within each segment of the conditions. So first, under regulatory conditions, one total number of dwelling units that may be constructed in the project site should be limited to a maximum of 28 studio units, which are affordable pursuant to and then we'll find the correct general law site. Two, the affordable units shall be permanent, shall permanently remain affordable, and the project shall remain a rental project for so long as the project is not in compliance with the town zoning bylaw or for the longest period allowed by law, if longer, so that the affordable units shall continue to serve the public purpose for which this comprehensive permit was authorized under general laws, chapter 40B, sections 20 through 23. The next just lays out the income mix of the tenants that was included in their plan. We've gone through that number of times, I don't think I have to read that again. The only news ad there is if the app, it does say that this income mix shall be maintained in perpetuity. And if the applicant proposes a change to this condition, they shall return to the board for review and approval. For the applicant, she'll execute a regulatory agreement that shall be countersigned by the subsidizing agency as required under general laws, chapter 40B, and submit annual reports to the subsidizing agency in accordance with the regulatory agreement. Number five is complicated and confusing and long, but in essence, it says that the town shall be made a party to the regulatory agreement. And we gives the town access to information as well as authority to enforce the regulatory agreement. I'm not expert on this. I think Mr. Whitten would be expert and perhaps you could help us understand and can describe number five or if other people have reviewed it. Mr. Whitten, are you able to do that or would it be better to have somebody who's reviewed it more than you would do it? No, I'd be happy to, Mr. Chairman. Great. So the issue is that these units that are being proposed that the board is poised to approve shall be permanently protected as below market rate units. And the standard mechanism for doing that is through a regulatory agreement which serves as a restriction against the units. The board's decision will also serve as a perpetual restriction as well because the comprehensive permit will run with the land and bind these units in the future. And the theory here is that the Valley CDC may not forever own and manage the project. We don't know what tomorrow will bring. So this provides perpetual protection for the town. The language that Maureen is using and I'm assuming you used it in the Beacon decision as well regarding for so long as the project doesn't comport with zoning it is a result of a case that came out of Wellesley for a rental project similar to this one where a comprehensive permit that's issued for a rental project will forever remain affordable by operation of law so long as the project is not in compliance with zoning. So one of the important things for the town is never to rezone this property so that it is in compliance with zoning. Don't down or in this case up zone the property and make it compliant because otherwise that Wellesley decision won't be affected. So this is really your phrase earlier Mr. Chairman of Belt and Suspenders. This is really a Belt and Suspenders paragraph. You have a nonprofit applicant so that's good. We have a perpetual restriction through the comprehensive permit that's good. We're gonna have a regulatory agreement that's good. So we really have as much protection as the board can get. The only other piece that the board could require it might be more than you need is to ask the applicant to complete an affordable housing restriction pursuant to the statute which would even be more protective. I don't believe you need it but in the abundance of caution the board could consider it. So that's a long winded answer Mr. Chairman to what that paragraph is really getting it. Thank you Mr. Whitten. Number six, the applicant shall notify the ZBA and the town manager when building permits are issued and cooperated with the preparation of request forms to add units to the towns, preparation of the request forms to add units to the towns, SHI, subsidizing housing inventory. The applicant shall notify the ZBA and the town manager when occupancy permits are issued and cooperate with the preparation of request forms to add units to the towns, subsidize housing index permanently. The applicant shall annually certify, recertify that to the subsidizing agency or as may be required by the subsidizing agency the continuing eligibility of any tenant in an affordable unit. If a previously eligible tenant becomes ineligible to occupy an affordable unit, the applicant shall charge the tenant a market rate rent. However, the applicant shall comply with the subsidizing agency's requirement for converting another unit to an affordable unit. Upon request, the applicant shall provide the town with all necessary information to determine whether the required affordability levels are in place. And there's a note added there that we may want to enshrine the ability or the willingness of the applicant to help tenants find other units or maybe there's a grace period. We can talk about that in the discussion. Eight, when the regulatory agreement with the subsidizing agency or one of the other subsidizing, or one other subsidizing agency is in effect, the subsidizing agency shall be responsible for monitoring compliance with affordability requirements pursuant thereto. However, the town may request and shall be provided by the applicant with all information that is provided to the subsidizing agency and may take steps allowed under chapters 40B and 760CMR 56.00 in relation to excess profits and enforcement of affordability provisions. I think this really says that the subsidizing agency is a primary person to a primary agency to determine compliance with affordability or the town has its own ability if it chooses to do so and has ways to enforce it. Nine, with respect to residential units, the applicant shall annually provide the ZBA or it's that designate with copies of any and all documents and statements provided by the applicant for the subsidizing agency or its designated auditor of the applicant's costs and revenues for the informational purposes. No provision here under shall be user construed or otherwise exercised in conflict with the holdings of board of appeals of Amesbury versus Housing Appeals Committee, 57 Massachusetts 748 in 2010 or any other relevant decisional law or amendment to chapter 40B sections 20 to 23. Nor shall the foregoing be deemed to limit the town's authority to enforce provisions of this comprehensive permit in accordance with legal exercise of its zoning enforcement powers. At such time as the town becomes responsible for monitoring the affordability requirements of the project, the applicant shall provide the town with a reasonable monitoring fee. To the extent allowed under chapter 40B, the general, the regulations promulgated there under an other applicable law with respect to up to 70% of the affordable units or the maximum allowed by the subsidizing agency. The applicant shall provide a preference category for local resident according to local preference. According to local preference as an applicant that lives in the community is a municipal employee, works at a business in the community and or has children in the schools of the community in the initial lease up. This preference shall be implemented by the applicant and the applicant shall maintain records of its marketing efforts, which records shall be open to the review by the town for compliance with local preference set forth herein. The local preference shall be implemented pursuant to procedures approved by the subsidizing agency. The costs associated with the marketing of the units of the project, including advertising and processing for affordable units shall be borne by the applicant. The applicant shall submit to the ZBA report on marketing activity at the project during the initial lease up of the project regarding the status of compliance with the local preference requirement pursuant to the plan approved by the subsidizing agency as set forth below. The ZBA acknowledges that the town will be required to provide evidence satisfactory to the subsidizing agency of the need for the foregoing local preference and to obtain the approval of a category of persons qualified for the same. And no event shall the applicant be in violation of the terms of this comprehensive permit to the extent that the subsidizing agency disapproves the local preference requirement or any aspect thereof. The applicant shall provide reasonable and timely assistance to the town in providing this evidence to the subsidizing agency. If the ZBA or its designee does not provide such information within 60 days of a written request by the applicant, it's lottery agent, the subsidizing agency or the DHCD, then this condition shall be void unless the applicant has failed to provide reasonable and timely assistance as described above. 12, the applicant shall develop a marketing plan for the affordable units for review and approval by the subsidizing agency. Said plan to conform to any and all affirmative action requirements or other requirements as imposed by federal or state regulation and shall conform with local preference requirements set forth above. The cost associated with the development and implementation of the marketing plan, including advertising and processing for affordable units shall be borne by the applicant. 13, if at any time it appears that the applicant is in violation of any affordable housing restriction held by the town here under, buying through the ZBA at any time when said restriction is in effect as described above, following the hearing of which the applicant has been given prior notice, then the town buy and through the ZBA or its designee may pursue such enforcement rights as it may have under the affordable housing restrictions or and or applicable law. Prior to receiving number 14, prior to receiving building permits, the applicant shall obtain final approval from the subsidizing agency pursuant to 760 CMR 56.04 sub seven and shall provide evidence of such final approval to the building commissioner and the ZBA. That's those are the first 14 proposed conditions dealing with basic regulatory conditions. Are there questions, comments, clarifications that members of the board have? Ms. Parks. I just have a question. I don't, I don't know if it's just part of what the wording that needs to be there, but under number 11 it says for local preference or has children in the school or the community. And since these are units are single occupancy, then that wouldn't apply to this project. So I don't, I don't know if it's just, if it's just part of that. What if it's a, you know, I don't know what if it's a divorced couple when they don't have custody of the child, but they're, I mean, the child legend is going to school there. You know, I'm not sure. I guess that the intent was from the town that people who are parents of children in the school would be included in the local preference. And I guess I wasn't at that meeting. So that's my first, my first idea. Maybe somebody who's at that meeting could speak to it. I guess I was just hoping it didn't imply that if, if that someone could have a child in the apartment with them. That's not, that's not, that's not, that's not going to be allowed. Is that correct? No, that is not going to be allowed. All right. I think you'd have to do some really, that'd be some pretty impressive legal maneuvering to have that become reason for allowing a child. But Ms. Baker? Just point of clarification. So I think the reason it's there is that that is the stock and standard definition for local preference from DHCD and people pretty much just put it in whole cloth. What we've talked about here before though is where the units are large enough for two occupants we would have no right to evict someone for example, who had a baby. If they were living in a unit that was large enough for two people and we've talked about the fact that it's a state sanitary code issue. So some units simply aren't large enough for two people, some are. It's not our experience that we have kids living in single person occupancy developments. Never say never, but it hasn't happened in our 30 years of managing them. It's not how we're going to market this property. But I would say in cases where families are divided or split up, you get some interesting combinations of parents and children, children living with grandparents and all kinds of things going on. So never say never. Other questions? Mr. Maxwell? Thank you, Mr. Chair. I'd first like to start by commending the town staff for Section A3, 5 and 9. I think it was really well written and really addressed a lot of the concerns that I had had. I did actually just want to follow up that one thing that Mr. Whitten had said a moment ago of something that we were missing, that you said, unfortunately the note I wrote was affordable. I don't know what that means. So I'll ask you again, what was it that you had said when we were talking to leave number A5 of something that we're not including that you said we could and then if you could just touch on that a little bit more and then if you could say whether or not you really think it was necessary, we include that. Do you remember what it is I'm referencing? I do and thank you. What I was referring to was the standard approach for restricting market units or excuse me, below market rate units is called an affordable housing restriction. And it's permitted by statute, it's similar in its effects to a conservation restriction in that the land is perpetually bound. So in this case the units would be perpetually restricted to the affordability quota established whether it's 30% of median or 50% of median or 80% of median. So the way the draft decision reads now is there will be a regulatory agreement which will run with the land and that will serve as an affordable housing restriction but what I've also seen is in addition to the regulatory agreement adding yet another level of protection which is an affordable housing restriction. So it's a additional document that runs with the land, it binds the units and it's perpetually enforceable. In this case, I don't believe it's necessary just based on the fact that because the town is consistent with local needs when this permit is being issued, there can be a no appeal by the applicant of the board's decision. And this decision will because they're rental units and because it doesn't comport with zoning will always require that the units be rented at an affordable price as articulated in the decision. So Mr. Maxwell, it's more than you need and it also has a time factor to it. To get an affordable housing restriction recorded requires approval of DHCD as well as the municipality. So it's an added level that might in some cases be warranted. I don't believe you need it here in large part because the applicants is a nonprofit and is already restricted as to what it can do with this project. Okay, that's my question. I think what you're saying is there's instances where this could be useful but you think in this situation it's just not needed. It's... That's absolutely correct, yes. Excellent, all right. Well then, thanks to my question. Yeah, again, I really like the wording of numbers three, five and nine. So thank you to town staff for that. Other questions, comments? Ms. Hardy. Mr. Chairman, if I may be so bold to suggest to suggest in section 12 that instead of referring to quote affirmative action close quote that the board consider affirmative fair housing. So that's the language that we use when we talk about this kind of housing and marketing that we market it and we develop it in consistent with affirmative fair housing requirements. Any comment from town staff on that? It seems reasonable to me and it seems more accurate. Okay, Ms. Brestrup, we need to... I have a question about number seven. I think that was originally written with regard to the Beacon Project where they had the ability to convert another unit to an affordable unit. In this case, all of the units are affordable. So I think that staff talked about asking Valley CDC what they would do in the case where someone became ineligible to occupy an affordable unit. Would they let that person stay until the end of the lease and would they help that person to find another place to live? What would be the plan? And how can we reword this number seven to better reflect what you would actually do? So yeah, we don't evict people because they're doing well financially in general. So people get to stay, their rent may change if they had a project-based subsidy that was a percentage of their income and their income goes up, their rent may go up. And then when they vacated the unit, we would look for someone new filling that unit to be at that same income tier. But I think you're right, Chris, we're not in a position to recategorize already restricted units with a different kind of restriction. Jane, did you have anything to add? I don't know if there's anything specific to LIETEC. You don't have to, at some point, do people have too much money and they need to move on? No, it is, oh, Jane Lechler Valley, CDC, I've not spoken yet tonight, so identifying myself, Mr. Chair. That is correct. I would just add a word just for educational purposes that to force someone to vacate their unit under any regulatory program that is federally or state funded is displacement and we're not allowed to do it. You cannot force someone to leave a unit because they go over the original income restrictions for the unit and so there are some programs that as we've described in previous meetings, if you have a voucher, your rent goes up with your voucher and if you got to a point where you were above that limit, you could be charged market rent and that's typically the incentive for people to move on but we are not allowed to evict people from their units for that reason and so the typical practice is exactly as Ms. Baker just described, which is that a person is allowed to stay, any adjustments required by the program are made and then when that unit becomes available, it is rented to someone income eligible. Mr. Maxfield. I guess I just wanna ask a little bit about this procedurally. So we have someone's in say 30% market unit, they turn things around, they start making very good money but then let's say they decide that they wanna pay market rate and stay in that unit. This is my first question, they wanna stay in that and keep paying that market rate so they're no longer using that subsidy if then a different apartment in the apartment building becomes available that was the say an 80% something like that. Would that one then become say a 30% and then I'm seeing the no, so I guess that answers my question and then I guess my follow-up then to that is let's just say we have a wonderful situation where everyone living in these affordable units all starts doing wonderfully financially and they all wanna stay. This wouldn't put you folks in any violation if they all say, hey, we're all doing great but we ain't leaving, right? That doesn't jeopardize your position. Am I correct about that? There is actually a li-tech unit rule there. It's gonna get a little technical but you're asking the question, Mr. Maxfield, so I will answer. Because some of these units, the tax credit program has a requirement for units to be at either 60% of the area meeting income or 50%, I'm sorry. 60% but it's either for 100% of the units or for what we call minimum set-aside of units. Because there is not going to be 100% of the units with li-tech, there is a rule that if your income goes over 140% of the current income limit, then there's a next available unit rule which means that yes, then you would swap status. It's a compliance nightmare. It's very hard to track but it is required. So in that case, it is exactly what you described. So in that case, if someone were in a li-tech unit and their income went over 140%, then they would become one of the market units and then the next vacant unit would become a li-tech unit. And then the rents would be adjusted accordingly and that's how that would work. So that is, it's a little esoteric but it does apply to this project because we don't have 100% li-tech units. Right, so the units that we're calling li-tech have low income housing tax credits. And so in this case, they're all of the 30% and 50% units whereas the 80% units are above the limit for that program. They're still affordable by many definitions. They just don't fall into that program. So we have a little bit of wiggle room if someone's income but it has to go up significantly. 140% of AMI means significantly. And in practical terms, it's not something we see as a kind of challenge of management that if people are doing that well, they probably do want a larger unit somewhere. So that 140% is not 140% of their income. It's 140% of the area median income. That's correct. So that would require a quadrupling of that person's 30% income to do that, to follow that. So it's a substantial increase. I got it. Yeah, just my main concern here is if, yeah, we had that wonderful situation where everybody was all of a sudden doing great, that as long as everyone here is acting in good faith that you folks wouldn't be in any sort of violation because we achieved the goals of really turning things around for people. So as long as, yeah, that's the answer and that's wonderful, thank you. It's a good question. I do have a separate question but I see Laura's hand is up too. So we might have the same. All right. I think we do on item number eight. Just wondering if we can add a clarification if we're providing information to the town that we would provide it except as it would violate tenant confidentiality. So we're not really allowed to give out names. Any ideas? The term we use in the industry is PII which is personally identifying information. So that would be income names or security number, anything like that, which is a part of our reporting to DHCVS, our monitoring agent. What do you provide? Do you have that protection? What this version says is that in this instance, the town may request to get the same information you would have given to the subsidizing agency, right? Right. And so you give the subsidizing agency non-protected information or anonymized, I forget the word, non-identifiable information. How do you, so would it be different than what you're giving to the subsidizing agency? Under the requirements of the compliance processes that are used by affordable housing owners and managers, residents sign a data privacy release that is very specific about who can see their personal information. And that is limited to that regulatory body who is the allocator of the tax credits. And so we would just, we would not be able to violate their privacy by sharing their private information, personal information. So this is one where I would, as opposed to making a change tonight, I would like to work with, have the town work with you and our attorneys and your attorneys to deal with this, because we have two competing goals here. If we're gonna take the place of the, for some reason we're taking the place of the subsidizing agency, we should have the same information, but I also understand we may not need it. And I wanna leave that up to the town to work with you on that as opposed to us doing it, okay? And Mr. Chair, just to clarify, if the town were to step into the role as monitoring agent, that would, you would then be in that role. And then at that point, it would no longer be the case. It's more that during the years that DHCD is that agent and the town is not. So I just wanna make sure that's clear of my intent. Yeah. I understand. So let's have that subject for work between the town and the applicant. And we can come back with something in two weeks. That sounds great. Any other questions for the first section? Ms. Brestra. So I just wanted to go back to number seven and suggest that might be a good idea if Ms. Hardy were to look at that number seven and write sort of draft something that would be reflective of what Valley CDC would actually do because I don't know how to come up with that language. Maybe Mr. Whitten does, but it might make more sense if alleys made a statement to what they would do. And then we could react to it. Excellent suggestion. Sure. Okay. I can do that. And then one other just quick, clarifying question. Under item number six, I just wanted a definition of excess profits. That's not a term that I'm familiar with in regards to this type of project. It's reminiscent of another term of excess income that applies to section eight or a half contract. And I've heard references to the beacon carryover. So I just was wondering what that definition is. I think it's number eight. Oh, sorry, number eight. So Mr. Chairman, if Mr. Whitten. So that we might, Maureen and I might want to talk about revising that. Although I'd like to think about because the phrase excess profits is relevant in a 40 B context, even though you're a nonprofit. So in a sense, excess profit for a nonprofit would be any profit. And I'm not sure, you know, whether we want to omit it in its entirety or just soften that language, but excess profits is a technical term because the regulatory agreement is going to address that. But because of the nonprofit status, it's not something that town is concerned about. The town doesn't have a piece of the action as it would otherwise. And that's the purpose of an excess profit condition. So I can talk with attorney Hardy and see if we can't reach closure on that. I have no doubt we will be able to do that. All right, we'll look forward to that. Okay, let's move on to B, stonewater management conditions. Number one, the projects all connect to the town of Amherst water and sewer infrastructure as shown on plan of record. All water and sewer construction materials shall be in accordance with the town of Amherst requirements. The applicant contractor shall apply for and obtain water and sewer connection permits in the town of Amherst, which shall not be unreasonably withheld. The applicant shall present all details for any water and sewer connection to the public works for confirmation by the public works that all details satisfy all local connection, technical requirements, contractor shall be duly licensed as required by the town of Amherst. All such work shall be performed in accordance with current engineering and construction standards. The applicant shall be responsible for all costs, including permit fees, application fees, and associated with this work. Two, additional permits related to the fire suppression system shall be required by the Amherst fire department. Backflow prevention devices permits shall also be required by the Amherst water department. Three, prior to applying for water and sewer connection permits from DPW, the applicant shall submit a signed stamp set of plans labeled construction set with all DPW comments addressed. A pre-construction conference is recommended with a developer, engineer, contractor, prior to the commencement of work. Four, digital computer aided designs plan shall be required for final as built in plans. The as built plan shall be required showing all property lines, pins, easements, and all utilities. The utility information shall include rims, inverts, pipe sizes and slope, all water valves, shutoffs, water service locations, sewer service locations, and all clean out locations. The following construction permits will be required from DPW prior to the start of construction. French permit, $35, water, eight inch pipe, $8,000, sewer, six inch, 6,000 plus 250 per GPD, I'm not sure what that is. 28 bedrooms, four bedrooms from existing house equals 24 bedrooms. 24 beds times 11, $110 per, I think it's- Gallons per day. Gallons per day, okay. Gallons per day equals 2,640 gallons per day, 2,600 gallons per day times 250 gallons per day equals $6,600. Total sewer, $12,600. Total cost, $20,635. Storm sewer features that are part of the project shall not hold water for more than 72 hours to prevent the bleeding of mosquitoes. The applicant shall implement any necessary mosquito control measures to protect residents of the project and nearby residents in the event that water collects for the longer than 72 hours. All parking areas shall be designated and constructed to prevent stormwater drainage from leaving the project site. All stormwater runoff shall be directed to the stormwater drainage system for treatment and attenuation. Any substantial changes from the preliminary drainage plan that is approved as part of the plan of record shall also be reviewed and approved by the ZVA. Prior to the issuance of the building permit, the applicant shall obtain an operation and maintenance plan, excuse me, the applicant shall submit an operation and maintenance plan to the town engineer for stormwater management system for review and approval by the town engineer. Due to the relatively shallow depth to the seasonal high groundwater, all stormwater infiltration structures shall require public works inspections prior to being backfilled. Questions about section B on stormwater. All right, Ms. Parks. I just was noticing that in number three, it says a pre-construction conference is recommended. Should it say required or if it's recommended, does that mean it doesn't necessarily need to happen? Correct, if the board wants to make that a requirement, would that be okay with the applicant? It actually appears as a requirement in item number 26. So I think you can just take it out of here altogether. So you already have it as a requirement later. All right, we'll look at that. And it is fine. We're happy to have a pre-construction conference. All right, any other comments? Ms. Hardy. Mr. Chairman, first of all, I should have identified my address, which is 574 Station Road in Amherst. In section five, I just would suggest at the end, at the last bullet point, the insertion of the words after total, total water and sewer permit fees because the bullet point right above it says total sewer. And I just found it a little confusing because we've got the consolidation of the sewer permit fees and the water fees. So you've got total sewer. And then I think what you mean to say is that the total water and sewer permit fees are 20,635. Okay, good catch. Thank you. Ms. Brestra. I just wanted to note that the stormwater management conditions are numbered according to Jason's skills letter and aren't following the other numbering of the other conditions. So just, you know, when we go back to fix this. Yes. Now we have two number ones through nine through 14s. So we'll have to renumber these. Thank you. I just noticed that myself. Thank you. All right. We'll move to site improvements. The applicant shall comply with all local bylaws, rules and regulations of the town of Amherst and its boards, officers and commissions, unless expressly waived here under or shown on the plan of record. The project shall be constructed substantially in accordance with the plan of record. The approved plan of record may be altered as set forth below without returning to the ZBA. If the building commissioner determines that the change is so minimal as to constitute a field change. Otherwise, the applicant shall apply to the ZBA under section 760 CMR 56.05 sub 11 or any other or any successor regulation. A, insubstantial shifts in building footprint or footprint locations to avoid ledge or other subsurface issues, which show me movement of not more than two feet and provided there are no increases in setback non-conformity as already allowed here under. Substitution of lighting fixtures, other fixtures, equipment and or materials having equivalent or better performance and providing the results in substitutions shall be dark sky compliant. I think we'd wanna add our typical dark sky compliant as provided in ZBA rules and regs. Additions to exterior lighting for safety, security or operational readings providing such additions shall not increase light levels at the perimeter of the project site. I think we'd wanna have the dark sky compliant requirement added there as well. Insubstantial shifts of no more than two feet in walkways driveway or parking locations or topographic ledge subsurface issues or other reasons provided there are no increases in setback non-conformity as already allowed here under. Additions to landscape planting at the project site perimeter for additional visual or noise screening, insubstantial interior and exterior changes required to conform to state code requirements and the addition of any subsurface infiltration system or other stormwater management components and or revisions of the stormwater management system provided they are renewed and certified as provided for here under. 22, the applicant shall comply with Massachusetts General Laws chapter nine, 27C and or other applicable laws with respect to the discovery of unmarked human burials or other archeological artifacts during excavation or construction in any consequent required site evaluation by the state archeologists. Prior to starting at 23, prior to starting any activity authorized as comprehensive permit, the applicant shall provide the building commissioner the name, address and business telephone number of the project manager or site supervisor who shall be responsible for all activities on the project site. Prior to any 24, prior to any building permit, a construction logistics plan shall be submitted to the ZBA, the town engineer, superintendent of public works and the building commissioner for review and approval prior to the issuance of any building permit. It shall include at a minimum the following information, construction timeline and expected completion dates for each phase, location of parking for contractors, location of onsite and offsite staging, such as for construction vehicles including cement trucks, location of fencing around the construction site, location of jersey barriers, details and locations of directional marketing and job signs related to construction. Emerges a contact information such as name and cell phone number of developer and contractor, information about construction signs and information about construction signs including advertising signs for contractor, developer and architect. I wanna understand that. And any other relevant information that may be, that may request. I think we've got that too. 25, the construction logics plan, construction logistics plan shall be subject to the following conditions. Construction activity shall occur only between 7 a.m. and 7 p.m. Monday through to Saturday. Parking for contractors shall be restricted to the project site. There should be no parking or idling of construction trucks and equipment in any public right of way. Noise attenuation pursuant to OSHA regulations shall be provided for all motors and pneumatic equipment. Any blasting or hammering of rock or material shall be noticed to town officials 24 hours in advance and completed between 9 a.m. and 3 p.m. Prior to starting any construction activity authorized by this comprehensive permit, the applicant and its general contractor showed me with the building commissioner and the town engineer to conduct a pre-condition, pre-construction conference to review the requirements set forth under this comprehensive permit and to establish construction phasing schedules and to review the construction logics plan. Prior to the pre-construction conference the applicant shall provide to the building commissioner the company affiliation name address and business telephone number of the construction superintendent who shall have overall responsibility for construction activities on the project site. Proof that dig safe has been notified at least 72 hours prior to the start of any site work. Proof that street signage is in place to ensure that emergency personnel can locate the site to provide emergency services to protect and secure project site and construction personnel. At least 48 hour written notice of the start of the construction shall be provided at the building commissioner. And if any activity at the project site ceases for longer than one month, 48 hours written notice shall be provided to the building commissioner prior to restarting work. The applicants engine 27, the applicants engineer record during the site development construction phase shall visit the construction site for all necessary as built inspections and shall provide reports to the building commissioner in the town engineering to advise the status of work, erosion control measure and any special circumstances which may arise. Mr. Langsdale. Sorry, I don't mean to interrupt but you have a lot to read here and there's a lot more to read. Yeah. Would you like me to do some of it for you? That is a really kind offer. And the only reason I'm, we're gonna read this all is because that's the only way the public has access right now. So that's why we're doing this. That would be great. So if I could have you read it starting at 27, that would be great. And we could read for 20 or so. That would be wonderful. Yeah, absolutely. Thank you. Okay. Number 27. The applicants engineer of record during the site development and construction phase shall visit the construction site for all necessary as built inspections and shall provide reports to the building commissioner and the town engineer to advise the status of work, erosion control measure and any special circumstances which may arise. 28. There shall be no exterior construction activity, including fueling of vehicles on the project site before 7 a.m. or after 7 p.m., Monday through Saturday, unless a permit for extended hours is granted by the Amherst Police Department. There shall be no construction on the project site on the following days unless a special approval for such work has been issued by the Amherst Police Department, Sundays or the following legal holidays, New Year's Day, Memorial Day, July 4th, Labor Day, Thanksgiving and Christmas. The applicant agrees that the hours of operation shall be enforceable by the Amherst Police Department. 29. The project shall be fenced during construction. 30. All efforts possible shall be made to minimize noise on Saturdays, no jackhammering or other very loud activities. 31. Appropriate measures shall take place to control dust, dirt, debris and construction materials on site. 32. Prior to and during construction, physical barriers shall be installed to provide pre-protection along the limit of the clearing line. Erosion controls and pre-protection measures shall be continuously maintained throughout the course of the construction. Tires shall be washed before vehicles exit the site and rumble strips shall be installed at construction site exits. Northampton Road and adjacent street shall be swept as needed at a minimum daily to remove sediment and debris. Other adjacent roads shall be swept as needed to remove sediment and debris. Disturbed areas shall be brought to final finished grade and stabilized permanently against erosion as soon as practicable. Bear ground that cannot be permanently stabilized within 60 days shall be stabilized with annual rye grass following U.S. natural resource conservation service procedures. 33. During construction at the end of each work day, the applicant shall cause all project related erosion control measures to be in place and shall cause all materials and equipment to be secured. Upon completion of all work on site and prior to as built plan approval, all debris and construction materials shall be removed and disposed of in accordance with state laws and regulations and the ZBA shall be notified in writing of the final disposition of the materials. 34. During construction, the location of any and every project related stormwater disposal area shall be protected to prevent compaction by heavy equipment and to prevent contamination of the area with soils and material that may reduce infiltration rates for the existing soils. 35. All drainage structures affected by the development shall be protected from soil and debris contamination during construction and shall be cleaned at the end of construction. 36. No stumps or construction debris shall be buried or disposed of at the project site. 37. All exterior lighting including pole lights attached building lighting and pedestrian lighting shall be dark sky compliant and shall be downcast, shielded and shall not shine onto adjacent properties or streets. All exterior lighting shall be in accordance with the photometric lighting plan included with the plan of record reference ZBA regulations. 38. The project shall provide the snow storage areas as shown on the plan of record and snow removal from the project site shall take places necessary to not impact parking and circulation. And quotes put in language that if there is need for parking then the snow needs to be removed off site. End quote. 39. The applicant shall provide amenities as shown on plan of record including raised gardens, benches, patio, smoking area, bike storage and lawn areas. 40. The town engineer and building commissioner shall inspect the construction of the internal driveways, paved areas and hard surfaces for conformance with the plan of record and applicable regulations. 41. The building commissioner may impose surity requirements to guarantee completion of any required work before issuing a temporary occupancy permit including for landscaping and or the top coat of paving and or any other required item that building commissioner determines may be provided after a temporary occupancy permit issues and the surity provided shall be either a bond from an appropriate surity company or cash that shall be held by the treasurer pursuant to a written surity agreement with the amount of the surity to be determined following peer review of a punch list provided by the applicant of the work to be secured with estimated costs and with the required surity to take into account the cost to the town to do the work prevailing wage and competitive bidding requirements and the impact of inflation. 42. All utilities shall be underground. 43. The applicant shall provide as built plans that show building locations, grades, access ways, parking areas, walkways, curbing stormwater management facilities, lighting and utilities to the building commissioner and the town engineer. 44. The final certificate of occupancy shall not be issued for any building or any unit until A, the final top coat of paving and hard surfaces for all driveways and access areas, walkways has been completed. B, landscaping as shown on the plan of record has been installed and C, as built plans have been submitted to the building commissioner and town engineer by all design professionals for the site and building construction and approved by the building commissioner and town engineer. Mr. Langsdale, you have a wonderful voice. I can tell that your training, your training as an actor comes through so well. You make our meetings more, you should do all this all the time. Okay. Our meeting better. Are there questions regarding part C? First from the board members and then with, from others. I just had a couple of things. We'd wanna add, you mentioned that ZBA regulations regarding dark sky. I do notice we have the parenthetical regarding parking and snow that we'll need to flesh that out as we've discussed with the applicant before. And I think it's good to have it noted there. And we have one other one. Oh, are all utilities underground including all the wires, the telephone, the cable, the electrical, is that all coming in underground? Yes. I had a comment on there as well. So the proposed plans are for everything to go underground but we don't necessarily control all things utilities. So I just wanted to have some language there saying, you know, to the extent it is feasible or to the extent it's permitted by the utility companies because we don't always control them. But yes, it's planned that everything will be underground barring some obstruction or some issue with the utility company. Okay. I think it's reasonable that you should take all, make all efforts, some kind of language and make all efforts to provide everything underground unless not permitted by the, otherwise by the utility. Mr. Langsdale, you had a couple of things. On 25E, any blasting or hammering of rock or material to be noticed to town officials 24 hours in advance and completed between 9 a.m. and 3 p.m. My question there is if 24 hours before, let's say on a Tuesday there's 24 hours and a Wednesday morning at 9 o'clock they're going to do blasting. And the 24 hours before the blasting, they make notice to town officials, does that get to the abetters? A butters, excuse me. And I think it needs to because again, this is in a very heavily residential area and it should, I don't know if the town is then obligated to tell the abetters that there's going to be blasting at let's say 9 o'clock on Wednesday morning or should the applicants be responsible for notifying the abetters? It's not something I'm familiar with. Ms. Brestrup, do you know what the normal procedure in town would be? Hello, sorry. Christine Brestrup, planning director. I do not know, but I believe Rob Mara is here. So if you can. There he is. His attention. Maybe he could answer that question. Yeah, Rob Mara building commissioner. The normal process for blasting would be a permit to the fire department and structures that are located within 250 feet are surveyed for pre-exist, pre-blasting damage. So those butters do that close if there are any structure to structure 250 feet would be notified. But otherwise the butters, we know a butters within 300 feet of the property line would not normally be notified by the town. So that would be a special condition we'd have to put into this permit to have the applicant do that. Okay, there are obviously many residential buildings within 300 feet of this site. And I think that that should definitely then be put in that the butters need to be made aware that there will be blasting at a certain time. And that that should be what the applicants need to do. And that there should be a specific time that the blasting will happen. Not just between nine and three, but that at 1145 or 1152 or whatever. I don't know that they intend to do any blasting, but if they end up having to do some blasting, I think it's imperative that given the proximity to other residences in this area that the butters need to be notified. So we're looking at an amended condition that would require notice, is 24 hours enough? Mr. Langsdale, 24 hours ahead of time. Sure, just so that people know it's gonna happen. 24 hours within a prop with a, you probably can't get it down to a minute but with a time within an hour of the planned blasting. Yeah, exactly. And within 300 feet is that good? Yeah. Okay, let's try to amend the condition in that way. Ms. Lechler, you had your hand raised. Yeah, I was wondering if it would help to clarify the method of notification that or maybe it's something we wanna think about so that it's clear whether the construction crew would be sending emails or text or putting notices on doors. What would be the best method for that? Maybe some thought could be given over the next couple of weeks but I would think notices on doors would be the best one because otherwise you're not gonna have the emails. Yeah, that's what I think. Ms. Baker. Could we strike the word after rock that says or material? So it says any blasting or hammering of rock or material? I mean, we're gonna be hammering things all the live long day because that's what we do to build. So I think what the intention is though is this is for jack hammering and rock removal and quarrying and blasting. Which number are you at? E. What number is that? 25E. 25E. 25E. Yeah, I think it's, I mean, jack hammering of rock is what they mean there I think, right? Yes, the question was could we strike the after it says rock it says or material which could be anything. So if we hammer anything, so we're gonna do a lot of hammering of wooden items during the normal course of construction. I have no objection to that. But do we typically, Mr. Mora, do we typically limit or require notice for jack hammers if you're trying to break up cement or something like that? You're not asked to notice the town officials 24 hours in advance of that, are you? No, I don't think we're talking about a handheld hammer here. We're talking about hammering that is on a piece of equipment. You know, that either goes along with blasting or following it or just a different method of removing the rock. Yeah, so I think we can take out, I think material is, yeah, I think I understand your concern, but I think it's almost not something we're, we're not talking about hammering with a hammer here. We're talking about hammering rock or there may be other material it could be old who knows what's there? I mean, so let's try to work with Marine, try to work with some to clear this up because I don't wanna not have normal, if you're gonna use, you're not blasting but you're gonna come in with a big machine and you're gonna go after something but rock you should probably have a notice. So try to work on the language here that can deal with both concerns. Other comments on that section? Mr. Langsdale. Yeah, one more. I feel very strongly about this. This project is, as we have been dealing with all through this period of time, is very closely related to residential area. There are the butters immediately to the east, there are all the places across the street to the north. I think that we need to restrict the construction activity to eight in the morning to maybe six in the evening. One of the reasons I say that is, it says construction activity shall occur only between 7 a.m. and 7 p.m. This is Monday through Saturday, this is 25 a. And then there's 28, where it says the same thing. If the construction activity starts at 7 a.m., it means that all of the trucks and the workers are arriving before that. So we're really looking at like 6 40, 6 45 in the morning. And that activity is, I think, it's a construction site, it's noisy. And at 6 45 in the morning, I think is a little too early to be allowing them to start. So if they start at eight, then we're looking at 7 40, 7 45 for the arrival of the trucks and all of that. And then 7 p.m., I just find it very late. I mean, 8 to 6 p.m., they're gonna be paying overtime anyway, even at 6 p.m. And I think that Monday through Friday, 8 to 6. And then Saturday, I think it should be 8 to 5 at the latest. Otherwise, it's going to be incredibly intrusive in this area. Ms. Baker. So most towns have within their bylaws or the building department has standard hours. And when I read this, I just assumed these were Amherst's standard hours for allowing construction in all kinds of residential neighborhoods. I wonder if the building inspector could speak to whether this is their standard language. The town does not have specific work hours for construction. These seven to seven is the general laws, the blue laws that the police department would enforce relative to noise and generally only comes up with outdoor activity once the construction moves inside. Although, as Mr. Lansdale brought up, certainly trucks arriving, if that can cause a disturbance, the police department would respond to it, but it can also be done in a way that isn't causing a disturbance and has. What's your experience in Amherst? I mean, my experience is Crews started at seven everywhere I've ever worked. What's your experience there in Amherst? Yeah, I would agree. That's a pretty good question. Yeah, I would agree. That's a pretty normal start time in Amherst. Did we condition previously? I know we're not grew up by precedent, but did we condition you drive time to seven or did we add, do we do additional restrictions or further restrictions on university drive? If you give me a minute, I can find that answer. Ms. Lefler. I also like to point out that sometimes site work, then hours of darkness. So a seven to seven allows flexibility to adjust the construction crew schedule based upon light. So in the summer hours, and if needed to for project schedules, they could work later outside up till seven, but it would be very, very challenging to work this time of year at seven o'clock at night. And as it gets colder, so there is some flexibility there. Well, I would also say that for a lot of the time of the year, the seven o'clock is in darkness. And we're talking about so that any exterior work that would need to be done would have to be lighted in a very strong fashion. So again, I think that give, you know, it's not just about one of the things that we've been dealing with in this project is its proximity to residences. It's not, I mean, I think there has to be some as given that we are in a residential area and you're building an apartment building. You're not building a house. You're building an apartment building, which is a commercial thing, whether you're non-profit or not. And I think that allowing the people around you one more hour of quiet in the morning is essential. And is essential to your project and how your project is received and appreciated in this area. So I think we need to make an adjustment that eight o'clock in the morning is the beginning. And yes, I don't know if you've ever been, well, you've been on construction sites. I have too. Guys arriving in trucks and getting out and getting ready for the morning work, it's not quiet. It's a construction site. And it's a construction site next to houses where people are living now. It's not the next to commercial. So I think, to me, I think it's very important for the people in that neighborhood that the construction starts at eight instead of seven and ends earlier than seven p.m. Mr. Maxwell. And after that, the leaving goes on after seven p.m. Mr. Maxwell. I just wanted to say, I'm very much inclined to agree with Keith on this one. I've worked on construction sites. They can be very noisy and there is nothing worse than living next to a construction site for what I imagine will be many, many months. And I personally think that I agree with Keith the restriction of eight to six, I don't think is terribly cumbersome. If the applicant disagrees, I'd like to hear why, but currently my inclination is, I think Keith is absolutely right about that. Ms. Pollock. I found the condition for the mixed use building at one university drive south, which was a special permit that was granted the day before COVID hit. So the breakdown of the construction hours is 7 a.m. to 7 p.m. Monday through Saturday for interior work, 7 a.m. to 5 p.m. Monday through Saturday for exterior work. I'm sorry, would you say that again, please? Let's see here. So the overall condition of hours for construction hours is from 7 a.m. to 7 p.m. Monday through Saturday, but the breakdown is, is that 7 a.m. to 7 p.m. Monday through Saturday is for interior work. And 7 a.m. to 5 p.m. Monday through Saturday is for exterior work. Does that make sense? Yep, Ms. Baker. I wonder if we can have language clarifying that there can't be construction related noise, including arrivals and departures prior to 7 a.m. We definitely would be outside of the construction norm pushing to 8 a.m. And we really struggle to get the jobs done in the timeline that we have. So whether you're building a single family house or an apartment building, noise is noise. If you're making it at 6 a.m., it's still gonna disturb your neighbors. So we have worked on sites before where we were conditioned that you really couldn't be on the site. People couldn't be arriving on the site before 7 a.m. And that tried to address some of that pre 7 a.m. noise that Mr. Langsdale's talking about. Ms. Leclerc. Actually a question for Laura or Tom or Rachel or Mr. Maxfield. People with experience working with construction in my experience, working with contractors, general contractor, subcontractors, when you start to limit them coming to the site at 7, it changes the entire norm of their work schedule. And I don't know if that would be a cost consideration that we would need to be putting on the table or just bringing it up. My response is yes, we would be asking them to do something that's unusual and they would be losing part of every day. And so we would definitely feel it, they would have longer general conditions, longer trailer onsite, you just protract. And so in terms of neighbors, sometimes there's an advantage to the more compressed. You know, it's bad, but you get it done sooner rather than a longer schedule because it is, it's hard to live next door to construction. And some neighbors want it over as fast as it possibly can get over because they just want it to be done. So, Mr. Langsdeller, are you most concerned about the outdoor work and not be as concerned about it indoor work? Of course, yeah. Okay, then I have a question from Ms. Baker. What is your projection of the construction phase of your project? Yeah, so I would say we're probably looking somewhere between 12 and 14 months of construction. Not all phases are equally disruptive. So some phases are very disruptive. Once you get the shell up and closed in and you're doing interior work, it's a whole different ballgame. So it really, it changes its character over the course of that. With COVID, with supply chain disruption, with delays in materials, I could be wrong because it's a really wacky world out there right now. So I don't think it's gonna be faster than 12 months. I'm hoping it's not a lot longer than 15 or 16 months, but this is a really unprecedented time to try to build. So. It seems to me that the right answer is to come up with a proposal, Mr. Langsdale, that we can vote on next in two weeks. And that had to work with the staff to draft it and whether that would be a differentiation between outdoor and indoor for, that might be part of what we can do. But I think we've had a good discussion about this and it really comes down, we'll have to vote on the condition next week. And I would think we could draft something up and have that on the proposed condition. Mr. Washevitz. Yeah, my experience with down the street at 408 North Hampton Road, the crews would come in at seven o'clock. They spend a little bit of time just setting up, getting ready to start their day. So the actual noise doesn't happen a little bit later, but they're also leaving at three o'clock and they're not staying. That's an exception though, because there are times when the roofing crew is just doing a roofing, it's dry weather. They're going all day long as long as they can to get it done and get the building buttoned up. But I think if you start restricting the hours, this project could go on a lot longer than you really wanted to because you're dependent on the weather as well. So you have to work around that and give the crews some leeway. And I understand the neighbors would be awakened by that. I get three crews that stop near my house and they're taking tree lens down at seven o'clock in the morning. It's like, well, what's that noise? You're not used to it. But the quicker the project gets done, the quicker the noise, the overall noise goes away. So it's something to keep in mind. And we've had projects where they've had to work even later because they've run into deadlines and they just can't get the project done by quitting at six o'clock. So it's something to consider. One last comment and then we should move on, Ms. Laughler. I have been part of projects where there's been a restriction for deliveries. So the crew is allowed to come on site and start working. However, deliveries with big trucks that might be idling or making noise are restricted to come at a later time. An hour after work starts. Well, I think we've got some ideas for modifications to the hours, whether they deal with indoor and outdoor, whether we deal with ability to get on site but not start work. There's some opportunities here. Let's give this some thought and come back in two weeks with a revised plan and amendment to this. And I would encourage Mr. Langsdale to work with Ms. Pollock and Mr. Walshevitz and try to get that something drafted up, okay? Okay. Great. Any other comments on that section? Yes, Ms. Baker. You know, I went through this and I have lots of minor comments. And I guess my question is whether I should just work with Maureen if it's just kind of feeling like it's just tinkering with things rather than take the whole board's time with it. Yeah, I mean, if there are, I too have found myths, grammatical things. Those are the kind of things that I think we can deal with without having to deal with the board. If it's substantive, if it's really substantive, then bring it up, but I don't want to do myths. I have lots of littles and one that I think is substantive, which is I'm wondering if we can add to section 21, which are the things that would be considered kind of small changes that wouldn't require a whole reopening of this process. And I can send Maureen this language, but I'll read it now. In substantial interior next year, changes required to meet superior energy efficiency standards, such as those that may be required under passive house certification or zero net energy design. We often find when we get into the building, we're being kind of tugged in a number of different directions to try to get those super efficient standards. So I wondered if we could add that. Sorry to be a pain, but where were you, which, are you referencing? 21G. Sorry, hold on. Let me, let's say, site amenities, site improvements. Yep, page six of 15. So that is, okay. Sure, well, why don't you send me that language and I can take a look at, but of course, if the board wants to talk about that now, obviously. I don't have a lot of problem with the idea, but I don't know what that involves. So if it's in substantial changes and like, to me, it's like the substantial changes required to meet state code or some of the other goals that we're trying to get at. Yep. All right, I think something to look at and I'm positively inclined towards it, but I wanna see the language. You can see that next week, or two weeks, anything else? All right, let's move on to landscaping. Landscaping, and I was gonna say, why don't you read this one, you read D and then I'll start on E. Okay. Landscaping, number 45. Landscaping shall be installed in accordance with the landscape plan included in the plan of record, 46. Landscaping shall be maintained by the applicant as shown on the plan of record and is required in this comprehensive permit and any landscaping that does not survive shall be replaced as soon as weather conditions permit with the same or a comparable species. 47, applicant shall make reasonable efforts to use natural herbicides and non-toxic chemicals for regularly scheduled treatment of landscaping and advance notice and appropriate warnings to tenants and the public shall be provided regarding the application of toxic treatments to any common area used by tenants or the public. 48, all mature trees found within the project site as shown on the plan of record, including perimeter trees, except for trees designated on the landscaping plan noted for removal shall remain and shall be maintained as to provide a visual screening from adjacent properties. Any existing mature tree within the project site that dies shall be removed and replaced with a like species with a minimum height of 10 feet and a caliper diameter of two and a half inches to maintain screening. Questions, comments, suggestions on this area? Mr. Langsdale. On number 47, I thought that part of the proposal was that the kind of herbicides and non-toxic chemicals that they were going to be used, that they were going to use. So I guess I'm asking why are we saying that they shall make reasonable efforts to use? Shouldn't it be applicants shall use natural herbicides and non-toxic chemicals? I guess I'd ask Ms. Lefler, is there any instance in when you absolutely need to use a non-natural herbicide and a toxic chemical? Yeah, in the case of lawn establishment, I'd say there was a weeds took over the site for some reason, which could be a number of things like soils from a bad site or lots of seed coming in from other plants and say, or not watering. There are lots of things that happened during construction that could cause just the site to be taken over by invasive weeds prior to establishment. You would need to use a toxic herbicide to eliminate them prior to getting your stuff established. Would you be comfortable with something to the maximum extent, practicable or effective? You should use it, which is more than reasonable. So that might be a good way to try to resolve that problem. All right, other comments? Ms. Parks. How does the applicant feel about the idea of any, I'm sorry, number 48, any existing mature tree that dies will be replaced. I mean, if that apple tree dies, is the expectation that they would have to replace that? Yeah. I guess I'm thinking that that's not necessarily reasonable. If there are trees that are left there for screening purposes, I think they should be replaced, but I guess I'm thinking of the apple tree that's kind of left there for the natural beauty, it's, would they be responsible then to replace that? I don't know how old it is or what the lifespan of those trees is. Laura, do you mean? It would require a replacement of any tree that dies. Yeah, that's how I would read it. And I don't think we have any objection. You know, we'd get to select a species that would be appropriate for the location. So might not be another apple tree necessarily, but is not doing well in that location, but I think it's, I don't have any problem with it. Okay. All right, so we can leave, we're comfortable with that. Ms. O'Mara. Thank you everybody for your time and patience. I am not a Supreme Court attorney nor am I a legalese person, but I need clarification on 48. Okay. Including perimeter trees, except for the trees designated on the landscaping plan noted for removal. Are we, we still have time to vote on noting for removal is that correct? Right. Yes. This, if I read this, as I read this, Ms. O'Mara, this would allow the, those pine trees bordering the neighbor, their budding property to come down. That's what this language is. And if you did not want that, if you were concerned about that, you'd have to make an exception to those trees or some other way, amend this condition. So tonight I'm going to do that. Is that correct? No, you can do it in two weeks, but if you want to talk about it now, you could work, we can come up with some language that could be voted on next week, or two weeks, excuse me. Because clarification for me, I thought that was also part of the eight foot fence waiver that it was a condition related to putting up the eight foot fence waiver. The eight foot fence is the waiver, correct? Yep, let me get that. They're separate and not equal. Oh. Is that called severability? Oh, we could use a few lawyers giving us some education, although you're doing a pretty good job. I don't think that's a whole thing to come down. I'm not an attorney. All right, well, what I think we should do for two weeks is for you to work with Maureen or Rob or Mr. Whitten to come up with a proposal regarding those trees that solves the problem of number 48 and the waiver request. And then we can vote on it at that time. Is that fair? Perfect. All right, let's do that. Ms. Baker. Just out of consideration to the, a butter who requested these trees to come down, I would love to know the sense of the board as a whole about what you're thinking is, because I've heard both sentiments expressed that, you know, someone said, we should just let them take them down. Someone else said, no, it's really a problem. And I think the abutter deserves to understand where the zoning board is headed on this. Well, we'll, you know, honest answer is that we will know in two weeks on that. You know, I've heard people talk on both sides. I don't have a sense for where the board is. And people may not have made up their mind yet, but in two weeks we will deal with this issue directly. And we are well aware of the concerns and the desires of the abutter. Okay. Mr. Wasebicz. Have the trees been investigated as to their health to see if they should remain standing? No, they have not. I mean, because nowadays with the drought conditions that we've been experiencing, a lot of these, a lot of trees are suffering and they tend to be more of a danger than a benefit. So it might be worth having somebody take a look to get an evaluation. Ms. Losler. If I could make a suggestion for the language for 48, if we could add something to the effect of if the existing tree to be, existing mature tree to be replaced is being replaced by an evergreen tree that would need to be a minimum of eight to 10 feet height. In the nursery trade, the trees are not, evergreen trees are not given a caliper dimension to get a two and a half inch caliper evergreen tree would be a ginormous tree. So there's two size classifications. Got it. Maureen, you can work with them on that, okay? That does make sense. Otherwise it doesn't cover the tree up. Okay. Thank you. Other comments, Mr. Maxfield? I have a question for you, Mr. Chair. Would you like to see about getting a sense of where the board stands on this or do you not want to get bogged down on that and we can kind of just move past? Yeah, I would like to keep moving. I don't want to have a long discussion on it. That's my preference. Yeah. And I think we can have a discussion on it in two weeks. You won't get mine. Next is parking. Mr. Chair, it seems that Ms. O'Mara is raising her hand. Oh, I didn't see. Ms. O'Mara, go ahead. I'll drop my hand. Okay. All right. E, parking circulation, 49. The project shall include 16 parking spaces dedicated for the residential use, including two offices, resident service counselor and on-site property management with two of those 16 parking spaces designated as accessible as shown on the plan of record. All accessible parking shall be designated as per the Americans with Disability Act, ADA, UFAS, and Massachusetts Architectural Board, AAB regulation as provided in the plan of record and the management plan, which is attached here to as exhibit X. Oh, that would have to be identified. 50, a maximum of eight of the 16 parking spaces for the residential development may be compact cars parking spaces, 8.5 feet by 20 feet, as shown on the plan of record, providing, however, that there shall be a signage to designate the compact spaces, but that signage shall be placed only on the ground for each such space and that signage shall be maintained. Note the board has not discussed signage for the compact spaces. The surface will be grass creep papers marking the ground and probably not be applicable. 51, deliveries to the building and pickup of trash shall be carried on off street and shall not block traffic on public ways. 52, the applicant shall provide at least one electric bicycle charging station in the bicycle storage area, as shown on the plan of record. 53, there shall be no idling of all vehicles on the project site. There shall be no idling of any vehicles on the project site. I would have one comment. I think that the way to solve the number 50 would be to have two signs where you designate the compact parking from here to the left and the other sign compact parking from there to the right and just have those signs in the ground as opposed to on the ground have signs that come up that are invisible by whatever. I don't know how you do this. Keep this maintained and identified otherwise. With that worked, the applicant would have two signs to sort of bracket the compact parking spaces. Okay. I think it's better than eight signs. Yep. Ms. Parks. Did I miss about an electric bike charging station? Was that in the original plans or the latest plans? Oh, we propose, yes. We propose to put an outdoor, it's actually just an outdoor outlet in the bike storage shed. So charging station, a grand eyes is it, but it's a way to charge your bike that's right in the bike shed. All right, I just remembered that. Okay. Yeah. F, management. The project shall comply with all terms of the management plan as may be amended. All changes to the management plan shall require modification to this comprehensive permit. The management plan shall be recorded against the property at the registry of deeds. The management 55, the management plan addresses property management, operations, maintenance, marketing and leasing, trash and recycling, odor mitigation measures, litter control, off street parking, bicycle storage, site lighting, signage, landscape maintenance, snow removal, stormwater management, preventative maintenance and capital needs, security, off street loading and unloading, noise mitigation, complaint response, overall sustainability and the healthy operation of the project. 56, the project is a private development and as such, the applicant shall be responsible for all aspects of the operation, repair and maintenance of all common facilities and services within the project site. Included, including but not limited to, driveways and access ways, sidewalks and pedestrians paths, parkways, parking areas, common areas, stormwater management facilities, landscaping, snow and ice removal, trash pickup and recycling, street lighting and utilities. 57, a property manager shall be on site during normal business hours. I think that has to be addressed. Normal business hours and the hours shall be posted in the lobby of the building and the tenant shall be kept informed of any schedule changes. A 24 hour a day, seven day a week, emergency answering service shall also be available for tenants and complaints by the public as set forth in the management plan. The resident services counselor position shall be employed for an average of 30 hours per week. In no week shall there be less than 25 hours of employment through the resident services coordinator. The responsibilities of the resident services coordinator shall be described as the approved supported services plan and as in this approved supported services plan. The responsibilities, duties and hours of the resident services coordinator shall not be substantially changed without the approval of the ZVA at a public hearing. 59, the applicant shall provide for qualified backup coverage in the case of the absence of the resident services coordinator. 60, the interior and exterior resident common space associated with the project as shown on the plan of record shall be used only for activities principally of interest to or for the benefit of the residents of the project. The residential unit 61, the residential units at the project site shall be registered and permitted in accordance with the Amherst residential rental property bylaw. Loss or suspension of rental permit shall constitute a violation of this condition. 62, security cameras and systems shall be installed according to the management plan. 63, the project shall dispose of refuges and recyclables as described in the management plan and in accordance with the town's general bylaws as it relates to trash and recycling. 64, all residential tenants shall adhere to the off street loading and loading criteria as found in the management plan. All move-ins shall be scheduled with onsite management. 65, leases for all residential units shall be a minimum of 12 months and there shall be no subletting. A copy of the residential lease being used shall be submitted annually to the ZBA and the building commissioner for review for conformance with the requirements of this comprehensive permit. 66, parking onsite for residents and residential visitors shall be managed through a parking sticker program as described in the management plan. So I have a couple of things. Number one on 57, I think we'd have to change that to reflect that you're not gonna have onsite property manager there during all business hours. So it has to be clarified that they'd be around during some business hours or something or maybe we just don't require it. But you talk about a property manager providing about 20 hours a week on the place, right, onsite? Right. We may wanna describe it. I think we may wanna describe it as the property manager shall be on the site, not part time, but is there a minimum that you want them on the site? 15 hours? Yeah. Okay, so let's say 15 hours during normal business hours. And there's, I like the idea that the hours are posted in the lobby for the benefit of the residents. I think we can do that, unlike the Beacon Project, which is this is probably modeled after, which has like full-time onsite property management because it's a much, much larger development. This will be kind of a property manager who's managing a couple of different properties. So I think they can have typical hours, but they always have to be responsive in emergencies, just like they'd have to come here if there was an emergency, but it wasn't during their normal hours. So it's a little bit fluid just because it's the nature of that type of work, but I think having some consistency and expectation is desirable. Yep. Are there other questions regarding the management plan? I think what we don't have is on parking. We need a parking plan for how you're going to permit or are you going to mark cars? Are you going to provide a sticker? How are you going to manage the parking for vehicles of the tenants? And then for the two other people that come for the residents, sort of as counselor and the property manager. So we'll need that for the, as Biden in two weeks, we'll need something that we can look at, because I think we should have a parking plan from you. Okay. Okay. Other comments on this? Yes, Ms. Hardy. Mr. Chair, I'm wondering whether or not the board would consider in item 54 in the second sentence, a qualification about all changes to the management plan. Should we require a modification of this permit? Could we insert a materiality qualifier there? I just, the management plan is fairly detailed. It's got a lot of stuff that's going to be included. And I could see some circumstances arising where some, not a substantial change might be made to the management plan. And it just seems a little onerous to have to come back to the board for something that's not material. Mr. Mora, I know we deal with this kind of materiality or significant change in some way. It changes are reviewed by your department and you make a decision as to whether this ought to come before us or not. Can we find some language that keeps them from having to come to us if you know for really insignificant stuff, changing the color of the door to some darn thing or changing the day of trash pickup. We don't really need to know about that, but we do need to know about if you're going to change the duties or the responsibilities of the resident services counselor. Can you read to come up with some language on that? Yes, I think we can work on that. Perfect. Thank you. Other questions in this area? First from board members. All right, Ms. Baker. So we had a number 58, we had proposed a resident services coordinator on site between 27 and a half and 30 hours. And it will depend partly on the salary we ended up paying that person in budget considerations and whatnot. I don't know how it got to be an average of 30 hours, which would mean we're floating between something below 30 and over 30. So I just wanted if we could replicate the language from our proposal. You know what, the reason that it was, I thought you had a 32 hours. No, this is between 27 and a half and 30, 27 and a half to 30 hours is what we have been saying. Okay. All right, well, my goal was to take your recommendation and put it within a band so that we had. Yeah. Yep. So we'll work on that, something like 27 and a half. So it's an average in 25 to 30. Okay. Okay, we'll work something on that. The goal is not to, wasn't to increase the hours of the resident service council beyond what you would offer. All right, any other comments, questions? Mr. Langsdale, I'm gonna have you read signs and a part of the others, but we're at 840 right now. We're at 67, we're at 67. We've got another 40 conditions to go through. I don't think we're gonna get this done by 9 and 930. And I would like to, I'd like to, I'd like to try to get as much done as possible. And so what I'd like to do is, and we, and I'd like to have as much done as possible before we open up public comments because I think it's valuable, more valuable to have the public react to some of the things that we're proposing on conditions. So what I'd like to do is, is go to about 915, get as much done as we can. And then if we haven't, if there's any, if anybody has a comment on a condition that we have not dealt with, but they raise it at that point. And so it would be done and out of here shortly after 915. So that would give us a little bit more time, another half hour on the stated conditions. And then if we don't get to something and you're really interested in saying issue 96 or issue 99, please raise that so we can work on it in the next two weeks. Does that meet with everybody's approval for the next half hour or so? Okay. All right, Mr. Maxfield. No, no, I was just giving the thumbs up. That's a thumbs up. All right, thumbs up and a hands up are sometimes hard to notice. All right, Mr. Langsdale, we could have your well modulated voice here. It sounds good for everybody. G, signs. Number 67, all applicable addresses and or unit identification signs shall be of reflective material with the size and location of signs coordinated and approved by the fire department prior to installation. 68, construction and installation of entry, identification signs shall be installed as shown on the plan of record. 69, all lighting for signage shall be internal or face downward on the sign except for the entry monument and resident only signs which shall have in-ground fixtures directing light onto the sign face, the display area as shown in the plan for record and shall not shine into the sky or any portion outside of the sign frame. Note, need to review the proposed permanent signs if any. Signs. Comments on these three conditions. Ms. Brestrup. I think most of 69 was written for the Beacon Project and it probably is not relevant here. Yeah. You don't have any in-ground fixtures directing light onto the sign face. Do you Ms. Baker? Okay. We're intending just a simple identifier of the street number sign. I just had a question as we keep talking about parking signs. Do we need to name those in this section also or not? Probably good to move that condition here but it's under parking. Either under parking or under signs. Either way, I think we ought to have the... Yeah. Either way. We're also required to have handicapped accessibility signs. They're usually those little metal pole sign with a... So wherever that needs to go, we're required by law to have those. Mr. Chair, I'll work with the building inspector about whether decisions need to be spelled out for the handicapped spaces and for the compact spaces under this section. Perfect. All right. Mr. Langs, is there any other questions on signs? If not, Mr. Langsdale, I'd love to hear your voice for the next page. Take it to 80. Other. Number 70. Building plans shall meet all relevant building code requirements and shall be approved by the building commissioner. During the construction process, proper inspection shall occur on site by inspectional services. 71. Buildings will comply with all accessibility codes. ADA, UFAS, MAAB and SBC, including provision of units for those with sensory impairments. Note, two units will be fully handicapped accessible and one additional unit will be equipped for a tenant with a sensory impairment. 72. All residential units shall be visible for persons with mobility impairments so that units and interior rooms can be accessed as follows and as outlined in appendix one, section C of the 2017 qualified allocation plan for the low income housing tax credit program. A. Unit shall be on a route without steps from a public way. Please note that this is not the same as an accessible route as defined in 521 CMR or the ADA. B. All doors on the above route, including the unit entry door shall be 36 inches wide, 32 inch minimum clear width. C. All unit interior doors, except closet doors, on the entry level shall be 36 inches wide, 32 inches minimum clear width. D. On the unit entry level, there should be a clear path to A, a full or half bathroom and B, the living room and dining area of the unit. Such a full or half bathroom shall provide maneuverability clearances, including access to fixtures in accordance with either A, the fair housing act design manual or B group one bathrooms as defined by 521 CMR. 73, modifications proposed to the plan of record shall be submitted to the ZBA for its review and approval prior to the work taking place, except as otherwise provided. 74, unless otherwise allowed by the building commissioner, the use of low flow plumbing fixtures in residential units and non-residential spaces will be required. 75, the entire interior of the building shall be smoke-free, non-smoking. Designated outdoor smoking area, including bench shall be provided as shown on the plan of record. 76, mechanical equipment, trash recycling and other site equipment shall be screened from the public view with a continuous fence or plantings as shown on the plan of record. 77, any mechanical equipment located on any roof shall be screened and noise muffled. 78, parking shall be enforced and managed in accordance with the parking management plan. 79, the building shall be serviced by a fully operational elevator and be fully ADA compliant. 80, the building, including all confined spaces shall have code compliant sprinklers and a fire suppression system. 81, all windows in residential units shall be operable to open and close, but no window air conditioning units shall be allowed as it is equipped with central air conditioning, including temperature controls in each individual apartment. 82, the project shall be served by municipal sewer and water at the applicant's sole expense in accordance with the public works requirements. 83, all onsite water and sewer infrastructure for the project shall be constructed and fully operational prior to the issuance of the first occupancy permit for the project. The applicant shall be responsible for all costs, including permit fees, application fees associated with this work. 84, the project shall connect to the town of Amherst water and sewer infrastructure as shown on the plan of record. All water and sewer construction and materials shall be in accordance with the town of Amherst requirements. This comprehensive permit includes the approval for the water and sewer connection permits provided that as an administrative matter, the applicant's contractor will apply for and obtain water and sewer connection permits from the town of Amherst, which shall not be unreasonably withheld. The applicant shall present all details of any water and sewer connection to public works for confirmation by public works that all details satisfy all local connection technical requirements. Contractors shall be duly licensed at required by the town of Amherst. All such work shall be performed in accordance with current engineering and construction standards. The applicant shall be responsible for all costs, including permit fees, applications fees, which are associated with this work. 85, the project includes demolition of the existing structure as shown on the demolition plan included in the plan of record. This comprehensive permit includes the approval for the local demolition permits. Contractors shall be duly licensed as required by the town of Amherst. All such work shall be performed in accordance with current engineering and construction standards. 86, the applicant shall work with the fire department to provide Knoxbox access to the building. 87, inspectional services shall have the responsibility for assigning address and unit numbers. 88, public works shall have the responsibility of reviewing and issuing any excavation permits and the permit shall not be unreasonably withheld. 89, the applicant shall present the details for any and all proposed fuel storage to the fire department and obtain its local approval, which shall not be unreasonably withheld. 90, the town, by and through the ZBA or its designee shall have continuing jurisdiction over the project to ensure compliance with the terms and conditions of this decision. Thank you. So under I, it seems to be that 72D needs to be tailored to this actual project. This looks like it's contemplates units that have dining living rooms, half baths and full baths. I just think it can probably be tailored to a single, an SRO going forward. I think 77 is a duplicate of the earlier discussion we had about mechanical equipment located on the right. The roof should be screened and noise muffled. So I think that can be removed. We've talked about the need for a parking plan. And number 78, I don't have any other myths. Although I, is it inspectional services or inspection services? Just a little one. Something that I noticed, I believe it's, let's see here, sorry, it would be 87, 88 and 89. Or no, it's 82, 83 and 84, sorry. I believe that those three conditions were previously listed under the stormwater conditions. So I'll definitely, I'll obviously double check that, but I think that's was previously listed. Yeah, it seems like there's, yeah, make sure that there's no, we don't accidentally lose something, but I think you're right. Any other comments from the board? Mr. Langsdale. On 75, the interior of the building shall be smoke-free, non-smoking designated outdoor smoking or including bench shall be provided shown on the plan of record. I think we just need to add there the side barriers that they have proposed. And the, I don't know what you call it. The thing you put your cigarette butts in. The smoking urn, the smoke urn. Yeah, it's just not, it just needs to be added, that's all. Yeah. And we can reference the plans you gave us today. Yeah. Okay. All right. No other, yes, Ms. Baker. Just a note on number 84. It says this comprehensive permit includes the approval for the water and sewer connection permits. So just looking for consistency and clarity about are those permits approved? Are they not approved? At what point are they approved? Cause it's, it's, we just want to be clear. Are you saying that there's a structural problem in this or is it just that it's not clear? There are lots of other references in this document to the need to apply for and be approved for water and sewer connection permits. For Mr. Hilton, Attorney Witton, could you address that? Sure. Mr. Chairman, Sue Maureen and I and the building commissioner and the DPW director had a conversation earlier today. And I think our takeaway, our recommendation is that the board approve the access to town water and town sewer and that the permits themselves and fees associated with permits be issued and controlled by the Department of Public Works. Makes sense to me. Okay. Let's make sure that that's clear in the, if you combine these with the earlier references to this just make, we'll make sure that that's clear in those conditions. Okay. All right. Let's move on to additional possible conditions. 91, any change in ownership of the property shall require the new owners to submit a management plan supportive services plan and a financial pro forma to the ZBA for approval at a public hearing. 92, require the service provider to offer each tenant that it follows a six and 12 month follow-up. 93, tenant selection plan finalized before certificate of occupancy or presented to the ZBA at a public meeting prior to certificate of occupancy. So for these, I'm responsible for these. And so I'll just, I'll just take blame for them. But this, number one, if the property does change, you've got to come back to us at some point. So ownership and the three most important plans, management, supportive services and financial pro forma should be part of that. The follow-up is that in your services plan, you talk about, you ideally like to have a six or 12 month follow-up to somebody who's been provided services. Nobody wants to require that services be provided for people who don't want it. But just to be offering of those services that we have in your mind that you are the service provider offers six or 12 month follow-up. That's the goal there. Maybe it could be stated differently. Yes, Ms. Baker. So to clarify, we're talking about folks who are moving from a homeless situation into housing and that there would be the stabilization period. So it won't apply necessarily to all of the tenants in the property. So we can work on just tightening it up a little bit the definitions. The goal is just for that previously homeless population. And the goal is to offer, not to mandate. Wait, who are you just talking to? And 93. I'm not sure that the, I think we should see the tenant selection plan. I don't know when that comes up, but I would like to see that at the ZBA before building certificate of occupancy is offered. Sure. Mr. Langsdale, do you want to take on 94, a drainage? Sure. Great. Drainage, 94. All parking areas shall be designed and constructed to prevent stormwater drainage from leaving the project site. All stormwater runoff shall be directed to the stormwater drainage system for treatment and attenuation, 95. Any substantial changes from the preliminary drainage plan that is approved as part of the plan of record shall be reviewed and approved by the ZBA. Any comments, questions? These conditions could be redundant. So I'll... Well, let's work to see if we can put them with the others. Yeah. You're doing so great. I'm gonna have you continue on filling of land, Mr. Langsdale. Okay. Filling of land, number 96, 5.100. No slope created by the filling operation shall be finished at a grade in excess of the natural angle of repose of the materials. 97, 5.101. All filled areas which are not to be built upon within one year shall upon completion of the operation be covered with not less than four inches of loam brought to the finished grade seated and mulched in a satisfactory manner. 98, 5.102. No permit for the filling of land shall be issued if such filling will one, endanger public health or safety. Two, constitute a nuisance. Three, result in detriment to the normal use of the adjacent property. Four, cause significant erosion or sedimentation due to improper drainage design or management. Or five, result in traffic hazards in residential areas or excessive congestion or physical damage on public ways. Number 99, 5.103. In granting a permit for such an accessory use, special permit granting authority may impose reasonable requirements on grading, seating and planting, barriers needed for public safety, control of erosion and drainage and other appropriate aspects of the use. 100, 5.104. The special permit granting authority may require a suitable performance bond or other security adequate to ensure satisfactory compliance with provisions of this section. 101, if the applicant proposes to substantial changes are proposed to the cut fill analysis, the applicant shall return to the board for review and approval at a public meeting. One question I have is how does the suitable performance bond differ from the surty bond that was required earlier? And perhaps attorney Whitten, you can educate me on that. So I'm not sure, Mr. Chairman, how the board has done this in the past. And I don't know the history of that language. The difference typically is the surty bond is to guarantee or provide coverage if the developer causes a problem on a public road or underground utilities or something like that. A performance bond is tied to the completion of the project. So in this case, I think it's more a surity for any impact on the public way as opposed to a relevance on the performance bond. Yeah, all right. I'm not sure that that is my, hear your reason for it. I'm not sure that that is needed. We may have more development suspenders, but typically what we do is say that it must be, you must have significant action or progress on a project within a certain period of time. I'm not concerned that this is not gonna happen or that they're not gonna pursue it vigorously. Ms. Baker. We don't typically, we're not typically asked by municipalities to provide performance or surities or bonds. The board should know that we require the general contractor to provide 100% performance and payment bonds and that there are many layers of public review and people watching and inspecting. On number 98, Felicity raised with me the issue of, it basically references a permit. And so I think when we name this as a waiver, the waiver that we're asking for is a waiver from a separate permit to allow for the filling that we've proposed. And what waiver is that? Filling is in the table of waivers. Yeah, I'm looking at that. Now I'm trying to find it, what section? It's number 5.10. Oh, yeah, on the first page. All right, so we wanna coordinate that with 5.10. Okay. Mr. Chair, after reading condition 103, I think that is that, I don't think that is, I don't think that's a possible condition for consideration. The no permit for filling of land. Yeah, yeah. That's that is number 98. Or 98, yeah, sorry. That came from an earlier project, huh? Okay. It's actually a section within the, it's a subsection of filling of land section. Okay. The other references where you see 5.100, 5.100, 5.101, 102, 103. Those are, that was just cutting and pasting from that section. And the other ones there listed seem reasonable conditions. And I guess I should have just not included that one 98. Okay. I don't see anybody objecting to taking that out. Oh, Ms. Brestrup. Oh, I wouldn't object to take that out, but I would just want it to say that maybe Maureen and I could talk to the building commissioner tomorrow about that suitable performance bond for filling. Because if you have a project as a whole, you don't really need a bond for filling. This was written in case filling was occurring by itself. So we'll come up with some language that's better for that one. Great. You know, I think we're gonna make it to the end of these and we're gonna go until we do. And we're gonna beat 915, I think. All right, planning board recommends, planning board recommendations, number 102. Consider raising the white band on the facade that separates the stone and siding so that it is closer to the bottom of the window, closer to the first floor level. 103, confirm that the lighting is dark sky compliant and does not cast light onto adjacent properties while making sure the level of light on the property is safe and appropriate. 104, consider increasing the amount of screening around the smoking pavilion to minimize the view to the structure from off-site. And 105, keep air intake for the building heating and cooling system away from the smoking area. It seems to me that 102 is already included in your plan so that we don't have to condition as a plan unless you change your plan, but we'll see those. Number two, I think we've done a lot of dark sky compliant already and I don't know that we need to do it here as well. So I think we can take away number 103. I think you've taken care of 104 by already having screening in it. And 105, it seems that you've moved away from the heating and cooling system in the smoking pavilion. So I don't know that that one is needed either. Are there any other comments or any other conditions that people, yes, Ms. Pollock. One condition that comes to mind that typically the board includes is start thinking about how long would you like the construction to last from the issuance of the building permit? Yeah, we'd have to give, how long it has to be completed, completed by date. Yeah, yeah. So that's, you talked about that a date, Ms. Baker, that was a construction period that would be up to 18 months, is that right? Are you comfortable with- You usually condition the building period or were you talking Maureen about from the time the zoning permit is issued until you pull the building permit? No. Three year window. From the issuance of the building permit until construction's complete. Correct. I'd be more comfortable saying 24 months, but I don't think it will take that long. It just, we're gonna go as fast as we can. Everybody will, it's just hard to know. Are there, yes, Ms. Leffler. Depending on the start date of construction, that window will expand or contract given cold weather season. So that can be highly variable in terms of the long, big picture timeframe. Typically what I've seen the board do in the past, and again, we're not ruled by precedent, but what I've seen the board do in the past is try to find a length of time that you're comfortable with. That a realistic timeframe, if everything goes well is one thing, you plus that up a little bit to give you a little more time. And so what I would like you to do is to give some thought to that. Come back, meet with the staff, when we come back with the conditions 24 months, sounds good, but give that some thought. If it's more than you need, I wouldn't go for it. Go for what you need and plus it up a little bit more, but not a lot more. Because we don't wanna raise the specter of this being out there as a construction, an active construction site for longer than it is for the neighbors and for everybody else. So you have to balance that. Any other conditions that people would like to discuss or have drafted for discussion in two weeks? I noticed one thing is that you are going to provide another set of plans that we'll be able to reference. Will that be ready in two weeks? Yes, it should be. So we wanted to just really package to you together all the original plans with any revised plans with any supplements. We've given a lot of kind of detailed drawings during the PowerPoints, so to bundle it all together so it's all in one place, that's our goal. And the other reason is that we need to be able to reference sheets and specific drawings with their numbers, their dates, the modifications to write the decision. And I would prefer that we have all that for the board and not have it later after the decision is written and have it now so we have everything that we're making every decision all at once. Yeah. Okay, so then I guess what I'd like to do for two weeks is have the conditions, the waiver and the conditions of waiver and the findings informed for the whole board to look at. I'd like to have that, ideally for me, I'd like to have that on Saturday by closing business the Friday before the meeting so that those of people who work can have the weekend to look at this and spend some time. And then, and that be substantially done. We have something by that time for us. So that gives you about 10 days to put it together and gives us about four days, five days to look at it. That's my hope. Is that possible? If not, we'll move it back three weeks, but I don't wanna have the board given information, just a couple and not that anybody means to it's just it's a big job, but I don't want the board to get information at the last minute just because there's so much to do. So if we can do it in two weeks, I'd like to do it in two weeks. If we can't do it in two weeks, we'll do it in three but the sooner we get this thing done as soon as we vote on it, the sooner we make these decisions, the better. So from the applicant's perspective, that's fine. We're prepared to push on this, we're available. I feel like a lot of the workload at this moment in time is falling with the town staff. So I don't wanna speak for them. We'd love to become back in two weeks as opposed to three. And Christine, do you think we can do it in two weeks? Yeah, I think that's a reasonable deadline, two weeks opposed to one week. So I'm looking at a calendar in front of me. So today's date is the 15th. So staff can, AKA me, can submit everything would be updated waiver request and possible conditions and findings by October the 30th. 30, October the 23rd, sorry. Which is Friday. We should also done Whitton and Rob Mora in that decision. So if they have a problem with that, they should let us know. No, I'd be happy to comply, Mr. Chairman. And if I could, Mr. Chairman, Maureen, let's talk and we can move it as quickly as possible. I don't think that's a problem at all. Mr. Mora, how about you and Mr. Oskavich? Can you get it done by then? No problem with us. Great, I love it. It is 9.14 and we did it. So that's great. All right, so that's the plan. We'll meet again in two weeks. Regrettably, we do not have time for public comment tonight. What we will do is have time for public comment early in the meeting in two weeks where we'll allow public comment on the conditions, the findings and the waivers. And that will be, we'll try to do that early. I'll work on an agenda, but that has it early before we make any decisions in any votes. So we will have public comment in two weeks. Will that meeting get six or 6.30? I think, Mr. O'Mara, can you do six? Six o'clock. All right, it's gonna be at six. If there are no other questions, yes, Mr. Maxial. I was gonna say, are we sold on six? Cause I know 6.30 works better for me. I typically have a board of license commission from starting at five and we'll go till a little after six. And okay, well, that's a good point to take and Mr. Langsdale. I also, I'll be working that day. I also would prefer 6.30. Okay, that means we go to 9.30. No, we'll try to, we just have to be a little faster. All right, so we'll do it 6.30 in two weeks. So I move that we continue the public hearing on this matter until October 29th at 6.30. Is that the right date, Maureen? Yep, I think so. October 29th at 6.30. Is there a second? Second. Is there any discussion? If none, the vote occurs on the motion and this is a roll call vote. Mr. Judge, I vote aye. Mr. Langsdale? Aye. Ms. O'Meara? Aye. Mrs. Parks? Aye. Mr. Maxfield? Aye. Motion passes, vote is unanimous. The next order of business is general public comments on matters not before the board tonight. I see we have one attendee and I don't see any hands raised. Give it just a second. All right, there seems to be no member of the public that wishes to speak on a motion on matters not on, speak on matters that are not before the board tonight. That being said, the last order of business is to adjourn until October 29th. Do I have a motion that we adjourn this meeting? Yes. There a second? Second. Is there any discussion on the motion to adjourn? I guess there never is discussion. Actually, there should never be discussion on the motion to adjourn. That's a non-discussable motion. Roll call, this is a roll call vote. I vote aye. Mr. Langsdale? Aye. Ms. O'Meara? Aye. Ms. Parks? Aye. Mr. Maxfield? Aye. Thank you all, motion carries. It's unanimous. Thank you all for the hard work for the long time and for...