 We can do the meeting with four if need be but I think Joan will be on The appointed hour six o'clock having been reached I welcome everyone to this meeting of the Amherst Board of Appeals Zoning Board of Appeals Pursuant to Governor Baker's March 12th, 2020 order suspending certain provisions of the open meeting law General Laws chapter 30a section 18 and the governor's March 15th 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 this of members of the public will be permitted But the public can listen to the proceedings by clicking on a link on the town's web page In accordance with provisions of the Massachusetts General Laws chapter 48 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 My name is Steve judge as chair of the Amherst zoning Board of Appeals. I call this meeting to order The zoning board is a quasi judicial body that operates under the authority of chapter 48 Of the general laws of the Commonwealth for the purposes 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 There are copies of section 10.38 date available on the town website All hearings and meetings are open to the public and are recorded by town staff The procedure is as follows The petitioner presents the application to the board during the hearing After which the board will ask questions for care clarification or additional information After the board has completed its questions the public will the board will seek public input The public speaks with the permission of the chair if a member of the public wishes to speak They should do so by indicating in using their 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 Their board will more really hold public hearings where information about the project and input from the public is gathered Followed by a public meeting for each The public meeting portion is when the board deliberates and is generally not an opportunity for public comment If the board feels it has enough information and time it will decide upon the applications tonight Each petition is heard by the board is distinct and is evaluated on its own merit and the board is not ruled by precedent Statutorily for a special permit the board has 90 days from the close of the hearing to follow decision For a variance the board has 100 days from the date of filing to file its decision No decision is final until the written decision is signed by the three by Sitting the five sitting board members and is filed in the town clerk's office Once the decision is filed with the town clerk There is a 20-day 20-day appeal period for an accrued party to contest the decision with the relevant judicial body in superior court After the appeal period the permits permit must be recorded at the registry of deeds to take effect Tonight we have the following agenda a Public meeting to consider ZBA 2036 J Silverstein Request a review of an updated site plan pursuant to conditions 9 and 16 of the previously approved special permit ZBA 2016-23 Located at 32 North Prospect Street map 14 a parcel 32 general residents RG zoning district a Public hearing to consider ZBA FY 2020-35 Amherst Colonial Village Request a special permit for a modification under section 10.33 of the zoning bylaw To the previously approved special permit ZBA FY FY 1964 to modify conditions 1 and 8 for the proposed playground located at Colonial Village Apartments 200 Southeast Street map 15 C parcels 10 16 17 and 36 neighborhood residents RM zoning district and Zoning Board of Appeals rules and regulations to review the zoning board of appeals rules and regulations in order to bring them into compliance with the Amherst home charter rule and To review other necessary updates including submission requirements and zoning board of appeals procedure This item has been continued until may from May 21st 2020 meeting and it is my intention to continue the hearing on this item until June 11th After concluding its scheduled business the board will entertain public comments on subjects not on tonight's agenda The agenda as you can see is on the zoom website currently. I Have recused myself for the first agenda item The panel will consist of Mr. Langsdale, Ms. O'Meara, Ms. Parks, Mr. Maxfield and Ms. Waldman Mr. Langsdale will be the acting chair Also attending for the town is Marine Pollock Planner and ZBA staff and Dave Wachachevitz lead building inspector With that the first item on the agenda is ZBA FY 20 2036 and Keith as acting chair. Why don't you take over leading the board? Thank you Do we have mr. Silverstone Yes, I'm pulling them up to become a panelist as we speak Jay, can you hear us? You need to unmute yourself Jay. Yeah. Hi Jay You can hear me now. I can we can hear you now. Do you have access to a camera? Can you hear me now now I can yes, okay? I Is that good enough for you have to see me. No, that's that's fine. Can you see us? Yeah, I could see you Okay, so I could pull up at your site plan So just bear with me for a moment And So Keith if you just want to ask well, let me pull it up and then you can ask him. Yeah. Yeah, there's Go ahead. Let me let me proceed So this is ZBA 2020 36 Jay Silverstein 32 Prospect Street the house number three We had a site visit yesterday Wednesday May 27th at 12 p.m. We were met yes, but it was it's you Number four and not number three All right, thank you We were Let me let me let me proceed We were met by Mr. and Mrs. Silverstein at the back of the condo We observed the existing deck that is there Which is made of treated wood With No step down One step down. Excuse me We also Check the boundaries of the proposed deck Against the house and a question was asked How far it would come out from the house into the yard Then the other question that was asked was what are sonotudes? We have With us. Oh does anyone on the panel have anything else they would like to Say in terms of what we observed Yes Sorry, I'm on my mark. Um, I was just going to add I it was also mentioned that there would be PVC railings and Two by 12 pressure treated joist and treks for the top boards All right, we'll get into that when we get into the design of the pieces. So So we have with we have The submission from the applicant the as-built plan Prepared by Randall Iser dated April 30th 2020 we have the proposed deck layout We have the proposed deck perspective and we have an email from Jay Silverstein dated April 1st 2020 We have some planning staff the project application report Dated May 22nd 2020 The special permit decision dated August 12th, 2016 FYI 2016-23 that we also have FYI 26 23 the public meeting summary dated February 21st 2019 and the Zva 2020-33 public meeting summary dated March 23rd 2020 So if mr. Silverstein if you will please present your proposal Well, basically, I'd like to put in An eight a ten by eight deck. It will be eight feet from the house going out Ten feet along the house will come out There's a rear door to the house as well as a window. So it would be Out in front of that in front of that There'll be a white vinyl railing going around the deck Is that all Jay, can you hear us? You know what I'm looking for. There'll be three sauna tubes for concrete Underneath for the joys What else I Sent everything to my neighbors. No one seemed to mine The neighbor I have one neighbor who has that a deck also an eight by ten and I'm the reason I know their deck is eight by ten because I told her I told them I wanted to put in a deck and I would make it the same size as theirs and That's when they measured their deck and told me it was eight by ten as well We're going to remove the old deck and hopefully put in a new deck And and will the deck be the same height as the present one? Yes, okay, so there will be a step down to the deck from the inside Correct the deck, right, okay So what we're dealing with here is the The proposed change and The Footprint of the new deck and The coverage of the building the lot coverage and the building coverage for the site As proposed The New deck would bring the Let me see the the new deck would bring the The total building coverage to twenty two point two percent and the lock coverage to thirty nine point nine percent both under the requirement But the deck would be Just point one percent under that requirement so we Have on the as built could you put that up, please? So the as built Shows the deck to be eight by ten, but it does not show steps The other Deck layout and the deck perspective show steps So the question then becomes if we're at it if you're adding the steps to an eight by ten deck That increases the coverage above what's allowed, so The so what we're looking at isn't complete so what we need to know is Are you adding steps and if you are adding steps? What adjustments can be made to the new deck to keep the entire deck and steps within the allotted coverage We could cut into the the deck itself Go back It's a difference of about four and three-quarters square feet The two steps right the average step So if we cut into the deck 19 inches we would come out at the the eight-foot deck line Okay, and therefore it would be the same coverage, right, right There's anyone on the panel have any questions or comments to make at this point Can I just make an observation at this point? Yes so the The site plan that you're looking at gives you a number and I can't see what that number is right now Down here though. I did confirm with a surveyor that the number that he shows the 13,433 square feet included the new deck subtracted the old deck so the That number is still under the 40% and from my calculation It was leaving about 71 feet but What we would like to have at least a building department would like to have would be an updated site plan that actually says proposed Because it was unclear when this was submitted that existing included that deck Usually what you would do is you'd say existing give it a number and then with the deck added to that site plan say propose showing the new number So That would be something that we would like to see at some point and that could be decided when we would get that But I still think there was room to add the stairs As long as we can confirm that with a survey Yeah, like I said said the stairs would be about four point four and three-quarter square feet Okay Part of the reason we're asking this for mr. Silverstein is that we have two different things showing We have the as built without the steps and then we have the other two pieces of information with the steps So we just need to have this all Work be the same. So let me ask you Would it be possible to grant this Application With the proviso that before a permit is submitted is is given that The information that you need would be delivered to you and if you deemed it as Being within the parameters or that it's de minimis that you can go ahead and approve it and and Give the permit without him having to come back to us. I Think it would be possible, but I wouldn't consider the steps de minimis I'd want that included in the calculation and that is Yes, I mean, but de minimis in the in the sense that it wouldn't need them to come back to us But I haven't got the steps in it. Certainly. I think you could make that a condition if you wanted to Okay, okay. Do we have any discussion? From the other members nothing You know in an email exchange routine Dave was Kevin's it Rob Laura and myself I don't know. I don't know if you guys still see the site plan or the email that I'm pulling up We see the email right now. Okay. So it seems that Rob Mora has suggested that the board could put a condition stating that That the surveyor Calculations not exceed 40% Lot coverage prior to the issuance of the building permit And so if it did exceed it Then the applicant would need to come back before the board or Or reduce the size and so in essence the the board and the planning department would still need an updated site plan and As long as it doesn't exceed 40% The board it would be satisfied and so would the planning and inspectors services all right, so so what we're looking at is Granting the application with the proviso that The surveys calculation does not exceed the 40% prior to the issuance of the building permit, but It also means that they would have to come back to The building department with new plans that show the steps as well as the Calculation on the That doesn't exceed the the allowable Is that right? Yes Okay, so an updated site plan would be required Showing the steps and the site plan would require updated Calculations for a lot in building coverages Okay, and it shall not exceed 40% for a lot coverage So So then I will make a motion that we Grant this application With the condition that A new site plan is provided to the building commissioner and That the lot and building coverage cannot exceed 40% Well the building coverage is its own percentage he Well, he does not he's not close to exceeding that the building coverage in that zoning district is 25% and He's at 22.2 percent, right? So it's a non-issue, but yeah, okay, and that that that those Those need to be submitted before the issuance of a building permit Correct, I was gonna say add those words. Yeah Yeah Right, are we good worry? We have a motion. We have a second. Yeah. Do I have a second? Before we get into that, I don't Not to not to just hold this up. I think is my own inexperience here with this understanding What is um, what exactly is the the piece that says he can't exceed? 40% where exactly is that in the bylaw? Yeah, that's Go ahead table It's in the dimensional requirements. So if you go to page 80 It's table three dimensional regulations and let's see here. This property is located in the general residence zoning district and so If you go to Maximum a lot coverage percentage is 40% Are you at that page yet? No, I'm sorry. What's the page number? page 80 If you're looking on a PDF, it's off by a couple pages, but if you're looking at a hard copy, it's 80 page 80 I'm sorry. What's the the header name of it lot coverage? Yeah, maximum lot coverage 3.257 3.2. It's table three dimensional regulations It looks like this. Yeah, I think I'm there Okay, so yeah, and so if you look at It is the third to last Row maximum lot coverage and then if you go over to our RG that's General residence that says 40% now so what so then maybe the next logical question is what is law coverage and so law coverage would be all impervious surfaces and Buildings that have three sides to So like the pavement Decks steps buildings sheds Pools they don't have any pools here Those sorts of things and so those would all be calculated and then and then divided by the total lot area Which in this case is 33,761 square feet and Then that's where you get that percentage now as the board if Mr. Silverstein we're asking to exceed that do we have the authority to grant that or it's the case that That's not what's being asked for here. They're not asking for that. And if they did want to exceed the 40% Maximum allowed they would be required to seek a variance for it It is not allowed in Amherst to Exceed exceed the building or a lot coverage for conforming Conforming lot Got it. So and then I can am I able to address Mr. Silverstein directly? No, it's all True all through the chair. Well, you can know you can direct if you have questions for him. Yes, you can So I guess my question here is then Is it that we we would you would want to go with Keith's Langsdale's proposal here of Adjusting everything to stay inside that or would it be the case that you would be Looking to do a variance for those steps as well. No, I don't need it because between the The 40% lot coverage and the present lot coverage that We've used there's seventy one point four square feet Available and the steps are only four and three quarters. So that's still be about 67 square feet 66 67 square feet available. So I wouldn't need a variance. I'd still be under the Existing total lot coverage Yep, that was answers my questions. I want to make your your motion and Keith. I can second you there Okay, good. So we've got a motion and a second We have to do this Let's see we have to vote individually right yeah, okay, so I'll call on Mr. Maxwell Maxfield and I'm sorry. No worries. What's your vote? I Thank you miss Waldman. I So Mira Is not with us still no she well she was No, no, she's um I'm you okay, Joan Hi, can you hear me? Yes. Yes You can hear me now. Yes So I had some definite technical difficulties. So I'm doing this via phone So I missed the last You know a few minutes what what are we what is the current proposal? Okay, we we have a motion and second it we're voting and What we're proposing is to grant this application with the conditions that they have new site plans and Regarding with the addition of the steps and that the lot and building coverage cannot exceed 40% and That those two pieces of information have to be delivered to the building department before any building permit can be Given got it. Okay Just one correct Yes, go ahead. The the building coverage is not a question. It was just a lot coverage. Thank you So I vote aye. Thank you. Miss Parks. I Okay, and I vote aye as well. All right, so it passes Thank you, Mr. Silverstein Okay, well, thank you very much. Thank you Jay. Okay Maureen With your permission I try email you because I still have a couple of just Questions I'd like to Ask you. Yeah, sure. Yeah, feel free to send me email and I can certainly give you a phone call tomorrow if that's easier Okay, great. Okay. Thank you. And with that I turn the meeting back over to To the chairman great. Thank you Keith The next order of business is ZBA FY 2020-35 Amherst Colonial Village Questing a special permit for modification under section 10.33 of the zoning bylaw to the previously approved special permit ZBA FY 1964-29 To modify conditions one and eight for the proposed playground Located at Colonial Village Apartments 200 South East Street Map 15 C parcels 10 16 17 and 36 Neighborhood residents are in zoning district We have received from the applicant the submission of an as-built plan proposed deck, excuse me Thing a special permit application a letter from the Colonial Development Company dated April 9th 2020 photographs of playground equipment Proposed playground plans prepared by Huntley Associates dated April 10th 2020 Three specifications sheets for a bench a proposed litter receptacles and proposed bicycle rack We also have a project application report submitted by the staff which includes the special permit granted in 1964 special permit 64-29 There was a site visit conducted on on yesterday that I could not attend although I Subsequently viewed the property myself. I wonder if somebody would who was at that site visit would like to Summarize the site visit for the record Yes, I would we met mr. Khan and we looked at the area for the proposed playground and We and the position of the parking on the West side of that Area the area is between two Apartment buildings at the end of the parking area is Where the dumpsters for that area? with Fencing around three sides of it The there was also just north of that dumpster an existing swing set and a slide That have been there for some years apparently The there were a couple of questions asked one about the proposed screening for shading and picnic tables Which are not on the plan The existing Questions asked if the existing play equipment would stay or be removed and Then a question was asked asked regarding what kind of ground cover would be used and that's what I have any other observations or questions asked at the can't miss parks I Did ask about Whether a full parking lot would create a problem for trash collection for the dumpsters and Mr. Cohen said he did not think that was though So with that Mr. Conn that who's on for the applicant? Looks like Allen Allen. Can you hear us? I I can I am on and I just got my computer working I actually listened to the first hearing on my phone. So I apologize I Did not I lost my internet connection in my house and my engineer Mike Schaffer is on also Okay, I think I see There's a Samsung that is present my guess is that is Michael so Michael if that's you I'm gonna promote you as a Panelist hold on one second Let's see if this is Michael. Oh Wait, that is not Michael. I don't know who this is You know what the Samsung is mine. I'm gonna I'm gonna unplug my phone Because that was the way I thought I was gonna have to tune in but somehow I moved to another room and I got the I got the internet back. So let me disconnect this so I don't create any problems Okay, and I just Michael is coming in right now Let's see here that Michael. I'm gonna unmute you or try to How about now perfect Yeah, I was kicked out for some reason. I was reloaded. So I'm good. Okay good Okay, so I'm sorry that I don't have my my picture on the screen, but I Don't see how I can I don't can't do that right now for whatever reason Somebody can instruct me as to how to do it. I'm glad to take the the teaching Sorry on the bottom left of Your screen You should see a mute button and then to the right of the mute button There's it says it should say start video. Yes, click that Okay Choose video setting I guess Nope, that's not it there could be a Some setting on your computer or laptop that is preventing you or maybe your computer doesn't have a camera I See that I see the little hole up. I think it's there But all right. Well, you know, I don't want to I don't want to eat into your you know, your evening time So, you know, we I can as long as you can hear me Mike and I can answer your questions And we can make the presentation. Hopefully that'll you know, that'll be sufficient Go ahead and do that and we have your your site plans and documents that we can pull up as we need So you can refer to those and we can pull them up for for everybody to view Maureen you want to give me control so I can scroll around the picture. Yeah, I think you could Can you? Yeah, try it right now. Can you share a screen? I don't have oh, yes, I do. Okay There we go. All right, let me pull it up here with me. I had it up a moment ago. Sure okay, so Nope, that's yours. Sorry about that. I had it up and then I lost it. Hold on All right, so this is our revised application Maybe down to the drawing So Ta-da Everybody see that yes taking off your pretty pictures. All right, so Hi, my name is Mike Schaefer. I'm with Huntsley Associates in Northampton and As we I will share with you today What we currently have and what we're proposing as you know Alan is looking to install a Playground using some existing equipment And we provided a plan for that and some of the application on his behalf So basically what we have right now is we have two buildings a number of sidewalks an existing parking lot Can you see my cursor? Okay Yes, we can okay So these are all existing buildings with existing sidewalks and a large grassed area it as well as This is the existing Parking lot and the dumpster and fences right here. The swings you are we're speaking of right. I believe we're over in this direction over here So what we were proposing at this point is just to give you a little bit of a blow up first I'm going to zoom in here a little bit so you can see a little bit better Basically, we have a rectangular playground area. These are showing the offset distances from the building I will show you a blow up of this so you can see a little bit more of that We're also adding in a sidewalk here connecting this existing sidewalk from this building to the playground area as well as on the opposite side So that you know people don't have to cross the lawn or most people across the lawn But really if it's for ADA accessibility into the playground area should that need arise? With that Originally when we had submitted a proposal we were talking about doing some expansion to the parking lot We have at this point taken it out and have really focused on Primarily this area is being the area of interest in the area that we will be affecting So what you have here is a blow up of this dashed line area on the proposed plan that kind of shows the layout if you will of the Of the playground area. We have a main May playground structure I can show you the picture. Let me have them too but I can go to those in a minute that basically is encompassed in this Rather than trying to draw it all out We just kind of took the outer limits and it's within this area here that you see that's dashed The outside limit here is the limits of the playground And then the various pieces of equipment all the pictures of which you have are shown in here together with the safe use distances that are required per the Consumer u.s. Consumers requirement for public playgrounds. I reference that document in note one in the bottom right corner I go right there So this one is the use distance is required and form performance of public playground safety hind book from the U.S. Consumer Product Safety Commission 2015 um so we're basically Creating a 42 by 70 landscape timber perimeter, which would be flush with grade so that nobody's stepping over and tripping or anything like that and the area down the area within the Within the playground area We'll basically have a landscape timber We are going to put a weed control fabric So we're going to be digging down from the using grade putting a weed control fabric down to minimize Any deep rooted weeds? Obviously there always is a potential of weeds growing in the surface But then they'll be easy to be able to pull out in the the playground maintained and we are using a playground would grade wood mulch surface on the interior Uh, which uh, Taylor davis Who you probably all know Is able to provide and agrees that's what we should do. There was some discussion about putting rubber down there but if you've been following some of the uh Some of the rubber that's been used at some of the high schools and things like that it's probably not the best thing to put and You know, I don't want any kids digesting rubber if you will I mean wood is wood not that it should by death digesting that either But it certainly is a natural product versus a You know a rubberized synthetic product The side blocks will be basically built with having eight inches of stabilized crushed stone And then one and a half inch hot mix asphalt, which is probably More than what we have on any other sites any other other parking lots at this point But we wanted to make sure that it was very stable and that there wouldn't be any issues with that Uh, there is no, uh, the application Yeah, per the application. Uh, there is no signage. There is no, uh, site lighting proposed Uh, and what was your other question marine? Oh, and the uh, the access or the sidewalks and that are, uh, ADA accessible The only area that we have a small issue that's not shown on this, uh, plan that we would accept as a condition For approval is to make sure Well, the computer's not acting so doesn't for some reason the computer's not work as fast when you're on zoom. I don't know why But in this area here, there is a small lip that we will remove and that we will make sure that there is ADA accessibility Uh, that there's no lip there. Basically, there's a small Uh, asphalt, uh, Cape Cod type berm, uh, there right now, which will be removed as a condition of approval for you So that, uh, you know, that we make sure that anybody that that does come by vehicle That uh, is a that requires ADA accessibility That that little hump there. I think it's like four inches or something Uh, will not be a problem And for the most part that is the scope of the project at this point. Um So, you know, if there are any questions, oh, let me go back. We are I forgot to mention We are not putting any kind of picnic benches down. We are putting park benches down You have in your package the actual park bench that we are planning to propose there as well as trash barrels one on each side So that if there are any parents that come and they want to sit while they're watching their children They have the availability to do that and we are also adding a bike rack Uh, here the reason you put the bike rack here because this is the shortest distance if you will from the parking lot, uh Doesn't take much. I think we can all remember when we were children, uh, you know There nobody ever uses sidewalks on a playground. They all run over the grass and I don't even you know, we were proposing a bike rack, but In my days, uh, even if there was a bike rack We kind of jumped off our bike and the bike landed wherever it was as we were running the playground But we aren't so we are providing one nonetheless Uh, okay, let me I can show you quickly the equipment You can stop me anytime if i'm being too excessive No, this is helpful. Continue. Okay. So, uh, here is the seesaw. This is the actual these are the actual units that we The allen will be acquiring and that we will be reinstalling on allen's property So, uh, this is the uh ladder or arch ladder, you know kids kind of climb over it the seesaw The pull-up bars balance beam This is kind of they throw balls and it comes out of the holes This is the playground structure Okay, it's a function of slides and uh bridges and towers Everything is plastic It's just another view of it Another view of it So those that's kind of what we're installing here. Um, let me go and show you the uh, Hope i'm going the right direction. Oh, i'm not Are you in core? There we go. Oh that there you go So this is the bike rack. Uh, we're installing basically, uh Uh A four hump It's by 85 inches long enough for nine bikes probably excessive, but uh, you know providing it nonetheless We are using a covered trash barrel flat cover And we are providing a bench with a back rest Eight foot on each side So trying to keep everything A quick quick question about the benches. What's the material coverage there? Is it it's not just a raw metal? It's is it some kind of plasticized a rubberized It's punch steel And there's nothing just punched steel. Yep It looks like rubber, but it's punched steel. It says coated. I didn't know what that that's just the coating, uh on it itself Um, okay. Hey, I have a question Yes, ma'am. Go ahead Can you hear me? Yes, go ahead One of my concerns was that there's so much sun exposure in that in this design That there's no shade available at all And i'm wondering if there could be some modifications to the design to consider that factor Well, do you have something in mind right now with uh, those that playground that's there now that we're taking it from is all open as well And the only right and it's pretty naked bare bones kind of landscaping there Um, and I was wondering since you're not going to be doing the picnic tables I had inquired about umbrellas for the tables to give the parents some shade but i'm wondering, uh Whether you would consider some shade trees where the benches are going to be as a possibility to Keep the parents more comfortable while they're watching their kids Uh, well just so you know, I mean putting in a shade tree is going to take a number of years before they mature, right? Well, it depends what size you put Uh, well, we have you know, right now we have an existing playground. We have some swings We have a playground that's actually on the other end of the property that's kind of defunct at this point That's one of the reasons why Alan wanted to put something nicer and a little bit more central to the Uh to the uh No, I I agree. It's it's a worthwhile project. I'm just trying to it's there's a lot of sun exposure right there I would propose that we evaluate that because one of the things we do have is that we will probably have sun exposure more around noontime Because we are relatively close to two very tall buildings Uh, I've not really looked at the the uh, the uh, the shadows that were cast by these buildings But uh, where my mouse is right now. This is east, right and over here is west So the sun basically is going to come across and they're this area very likely will be in some shade for a period of time There are I didn't experience that when we were there on site Uh, what time were you there, ma'am? Uh, was we were there 12 30? Yeah, I would that's going to be one of the sun will be at the highest location So it will be directly over it. Obviously these buildings aren't going to affect Uh, the sun being directly over the site. I'm thinking more of like in the morning in the evening hours where we would have some shade Um I know it's a more cost to the project But I would wonder if that would be a condition that we could uh put on the application I do know that we are we are coming uh as marine will testify We are coming we actually came to the planning board for A larger project. There is going to be some probably some future development in this area We are talking about under the future project proposing a basketball court here as well The future project is of a much grander scale than this party or than this playground area uh, I would uh I would like to propose that um Maureen knowing that what we're planning on what we're designing right now and planning on coming to that maybe we take a look at this and Re-look at the landscaping overall or make the landscaping part of that project Uh to allow us because I'm afraid if I put trees in here now, it's going to affect something else that we might want to do And like one of one of the one of the things report going One of the things we're proposing under the bigger project is probably to put a basketball court here So, you know putting any kind of trees for example south of this Is going to inhibit us doing that or having us to remove the trees that we just put in so, um I would request from the board that Uh, that at least not make it go away But at least in the bigger discussions make it a discussion make it a discussion for that time when we present the pool When we present the larger playground area, if you will Mr. Schaefer, perhaps another thing you could That you should think about is I have seen um shade structures which involves metal posts with fabric that stretches between them that gives some shade it doesn't create a lot of wind Resistance, it doesn't create it wouldn't be hard to move if you had to do something and if you were going to put on a basketball court It wouldn't and it wouldn't take 10 years to provide the shade I have you given Matt any thought and what's your reaction to something like that? I've seen it looks like sales with some kind of a cloth that is uh I mean I've been I've been watching I've been watching the kids play You know out there on both playgrounds for years and I think when they get hot there It's a parents responsibility to take them out of the sun I I really don't Want to put any trees in that area and I think that you know, there's there's a certain Time when when kids are overheated that you know, they need to come out of the sun They need to hydrate and I think that's you know a reasonable way to to approach it If we want to look at something later on that's fine, but I you know the trees is not the cost It's just it requires it requires more maintenance The root systems come up and they can get underneath the playground and destabilize that I think that it's a good idea, but it's just right now. I just think it's it's not appropriate for what we're trying to do Well, what about something other than trees? I would then and then you know, I can't I can't agree to something that I know nothing about I've never seen these sales. I've never priced them. I've never I don't know about the installation So to have it be in my mind in order of condition something that I don't know anything about I I don't I can't really agree with that Uh, can I really get every playground in Amherst, whether it be in the schoolyard or over by the over by the town pool I mean, there are there are not shaded areas They're wide open playgrounds where kids play, you know on the slides and when it's time to go You know or cool down then they cool down Uh, can I actually ask a question here about that um the site down there What are the heights of those those two buildings on either side of the uh, the playground there? Uh, the buildings are about 33 feet tall And then what is the distance um From either of those buildings to the playground itself? Uh, approximately 35 to 38 feet Okay Um, I mean I I personally am uh inclined to agree um with uh allen on this one of I I don't think the shade would be necessary And I do think that the buildings would provide shade through Uh a lot of the day and they're not so far that if you know parents had to sit back and say Uh a lawn chair or something like that. Um To stay in the shade that seems like it would be a reasonable solution and Uh, I I don't think especially where there's there's no shade there currently. I I don't think that would be Uh, something we we should tack on uh to this project Um, I had another question Um, tell me about playground grade mulch I'm not sure what that is. Um, basically I I spoke to to bill who is the the project manager for taylor davis Faco about a week ago about what he would recommend and he was going to look into it So yesterday after we had the meeting I called bill. I said I really need an answer for the commission tomorrow night He said, um, I know we had the discussion about the cancer that was created by some of the Recycle plastic material and originally that was something that was recommended to me by one of the manufacturers But I just was not comfortable with it So what uh, what bill said that they view taylor davis is used before it you mass and other public areas And I believe that includes a town of amherst also is what they call playground mulch, which is a certified wood product It's uh, you know, it's it's a soft cedar emulch So if you know kids should fall on it as they will you know coming off a slide or whatever It's not going to be hurtful to them But it's certainly not going to be as potentially dangerous as some of the carcinogenic materials that they put down, you know over the past decade Which now they're removing because they're finding that that that high school students have had health issues because of it so you got Is uh, I'm sorry. Go ahead. I'm just so the mulch is small pieces or or is it big chunks and how deep is it going to be? No, no, mr. Jersey. It's um, it's just small pieces that uh, that they would use that taylor davis would use in any Circumstance that was similar to this play areas playscapes place where you know where kids play It's it's a certified mulch product not like you would use in your garden But something that's smaller and more gentle, uh, you know for kids playing on it Steve and the depth. Yep. Take take a look just put it up on uh Excuse me Up on the webpage here. Can you see that? Play safe material. Thank you. That's okay Yep, and then the depth it The depth that you have to apply that You had a drawing of that and I just didn't yep. Let me uh, let me get you back up didn't note it Okay, remember off top of my head bear with me Okay, we didn't really it's but it's based as a four by four. So you're talking about three to four inches Okay. Yeah, I was gonna say if we use four by four Um wood to to create the barrier itself Then we would we would put in, you know, at least, you know, three to four inches of the of the mulch material And that would that would keep it flush with the top of the the wood ties So nobody would there would be no tripping hazard and everybody could just run, you know, right from the grass onto the mulch at a similar plane Mr. Chair, I have a question. What is the maintenance requirements for this? Um type of mulch. Does this need to be raked routinely or is this, you know, Or what is it specifically? Bill indicated to me that it was just something that would that, you know, as you run on it gets compacted He said you might find that every year in the spring you might have to get, you know, You know a dump truck full of material might have to get two or three yards of some mulch and maybe Refresh it and break it around but in terms of It's longevity. It's it's a material that's made to stay outside in the elements And so whether it be rain or or snow melting in the spring or whatever the material seems to have longevity to it Um, I have one other question. Um, you the drawing has a or the site plan has a tire swing I don't see a picture of that Are you going to keep that is that tire swing going to be there? Um, and is that just? I think it's an oversight because I pictures with the phone and the tire Is one of the pictures so I an oversight that was not Glad to mail you a to email you a picture of the tire swing. Um, you know, if it's not part of the package But if you're just looking at a couple of posts On two posts on each end and a rope or some type of yeah some type of rope holding up a swing A single tire and well, yeah, I'm looking at it right now. It's it's actually it's actually four Round posts that are about I'd say about 10 or 12 feet tall With a with a center beam between the two of them and the tire hangs on for change And so the tire itself has a has a rotating pivot on top So as you're sit as a child sitting in the in the tire whether they're swinging back and forth or side to side Or they happen to be going in a circular motion. There's a lot of room in terms of Three to four feet between where the tire Radius would be and and the supporting posts. So it's it's a fairly substantial structure It's not like just, you know two pieces of wood with a tire on it This is uh, you know four strong pieces of metal with with cross bracing and then a perpendicular piece across the middle That that the tire hangs from Got it Trying to find a picture for you I mean, I've I've got it. Maureen if you want to give me an email address I can I can email it to you right now Or go ahead Sure. Tell me while we're doing that address you'd like me to mail it to Uh, here I'll email you. Wait. Do I I think I have your email Cohen. There you go This is what it looks like. Oh, okay. Oh, do you have it Mike? No, I don't have that picture, but it's similar to this No, no, this your this one only has two posts the one that we're getting actually has four posts. So it's it's more it's more stable Got you But that's the idea of it Maureen give me give me an email address of either you or one of the commissioners and I'll just send it to you right now Okay, I just emailed you so just respond back But it's pollock m At amherstma.gov Okay While we wait for that any other questions from board members Ms. Park So I I don't know if I missed it or not But are the is the older swing set that's still there the swing in the slide are they staying where they Currently are yes. Yes, okay Um, and I guess the only other comment that I would like to make is In thinking about all of this, I'm wondering if maybe those dumpsters could be moved farther away from the playground Not as conditioned for this project today But just as you think about developing this with the basketball court I think it would be nicer if those dumpsters were farther away from the play area Yeah, what you will see And that was that was part of our original project But then some of the comments we got back was it was going to require accounting of the parking spaces and a traffic study So so mike and I decided that that would be part of the larger plan that will be verging to you This summer, but but yes our intention was clearly to move the dumpsters probably another 20 feet back Into the complex and to put ourselves to put in there another 10 or so parking spaces Which would be handicapped and the sidewalk would actually run between the two handicapped spaces Which seem to be a more realistic location than where it is right now But that's something that we're going to come back to you with with our with our larger plan Okay, great. Thank you Maureen, I did send it to you should be seeing it probably in a minute or so Maybe you maybe you could distribute it to the other commissioners Sure Oh I received it. Okay, so it's a photograph I'll share my screen that I took exactly perfect. Uh, hold on a second share screen this Can folks see this? Yeah perfect So there you go. They're the four posts that answers my question about safety. It goes along. There's a long way Oh, yeah, it's a very it's a very Is a very significant structure, you know, it's safe for safety reasons Yeah, that's not that's not the tire swaying over the crick when I grew up. So yeah, that's much better No, no, but but I would say that given you're in my age things that we used to do when we were younger are certainly not allowable right now Although we did survive without without much, you know scratching. So I think we did okay Who knows what damage we did but we we're here. All right. Um, any other questions? Yes All right, Dave go ahead Uh, I probably a question from Mike. Mike, uh, is there any evidence that the uh, most that's being proposed will meet accessibility requirements? Uh, you know from surface and uh, stable slip resistant that kind of thing Uh Not any different than a rubber rubber is a lot much slipper Um and stone would even be worse. I mean, I've seen some playgrounds believe in that with pea gravel Yeah, does it um Does it uh, would fiber isn't would fiber ADA compliant? I don't know I don't know. I mean my my belief is that because the Base if you will of the of the playground is something that that moves as people run on it My my thought would be that if there was someone that was handicapped They could they could get right to the playground and then they might need some assistance on to a swing or something But I I don't know of any material That would actually allow say a wheelchair to to run through it without the the wheels or the tires of the wheelchair You know kind of digging into the the mulch or the rubber or whatever the the material happened to be Yeah, I just didn't know if uh, taylor davis could get more info about how Compactable it is and firm it would be so that you could actually roll on it because a lot of times when we see accessible playground It's really with rubber Which is something you can almost guarantee, but I'm I'm not sure what this mulch is it looks like it could work But is there I didn't know if there's anything out there that would give us a little more information on that I will I've seen some playgrounds and playgrounds that are rubberized to look into it Mike Mike hold on one second was just saying I I'm glad to call You know taylor and and bill tomorrow morning had them look into a couple options And you know provide them to marine and then she can send them to you you can look at what different samples they they may have Um, you know, as I said, I you know when I asked bill what to use He said stay away from the rubber because it's carcinogenic He said this is what we use a u mass and for the town of amherst So I thought that was you know a good recommendation But not be glad to look into something else for you to you know to review Yeah, so for as reference, uh, the town of amherst is proposing a playground at kendrick park And they are using both a rubberized surface for Manufactured equipment and then for the more naturalized playground area they have Uh engineered wood fiber and both surfaces are ada compliant. So there are there are materials out there that are fully ada compliant All right. Well, I'd be glad to look into it tomorrow morning with you know with with bill and taylor and see what you know They come up with and then provide you with the research that they that they come up with So perhaps a condition of this special permit is that The surface shall be ada compliant Yeah Mr. Langsdale you had a question. Yes, uh, we're talking about um, the safety and the, uh, Composite surface for the playground And yet, uh, there are uh swing sets and a Slide that are there now, uh, that have nothing under them except the hard earth Should we make a condition that the composite should also be, uh Place under those um pieces of equipment Mr. Safer, are they going to remain? Are you removing the old swing and slide? No No, we're gonna we're gonna leave them and I have no problem, uh, you know treating underneath the existing equipment in the same way we're doing this which is putting, you know, uh, The what what I call railroad ties but putting, you know Six by sixes around them and then same material around those swings and slides as we'll be putting in the in the new area I have no issue with that keep in mind however that those those will be removed under the other project that we're proposing so, um But but that's not what's before us tonight Yeah, is that we have to look at what's before us tonight and uh, I think it I think we need to make that a condition for this permit other questions Comments anything else that you want to provide us mr. Schaefer or alan? Uh, no, I think no, I think I think you know, we were we were going to um, you know Do something with the existing equipment just because when I looked at it yesterday I didn't realize the ruts had had formed underneath the swing So, you know, we would have addressed it in any way, but if you want to make it in order to condition I I'd no problem with that because we were going to take care of it anyway okay um So this is the point where we would um Unless there's any other questions from the board or from the staff It's the point where we'd open up to public comment. I see we have two attendees both CBA members, I don't know if the public if they have comments or anybody else does I guess if anyone has comments put press the button They gotta they gotta raise press that button Raise your hand button I have one more question All right, miss parks, um do um And this is really maybe to Maureen and Dave is um Do we should we add a condition that um They really that the services will be maintained in good condition That's yeah, that's a good idea It's one of the possible conditions listed Okay, and that the sidewalks at the side that the sidewalks the whole playground area and sidewalks would be maintained in good condition Yeah Yep Okay If there's no um public hearing, I'll close off the public public comment part. There's no public comments I'll close out the public comment part and close the The public hearing Um And now we'll move to the public meeting where we will do any devote for that public to close the public hearing The public comment part. I don't think so. I just move right to the public the further discussion by the board I think Maureen. Uh, yeah You don't need to make a motion no um and then so It seems to me that we there's several questions. Um conditions that we should consider when discussing this, uh Application and those have been mentioned by the by the members, um first off, um, is we've had we want to have a condition on the on the um the playground surface material that that material is ADA compliant And so I think that's one condition that we've spoke about and that I think can be that it should be ADA compliant Um, I don't think we should say that this that leave it up to the building department to determine that It's just flat out make it ADA compliant Secondly, um, there are no picnic tables in the plan um The existing swing set will be um um The surface of will be resurfaced as as the same as the um new playground equipment Chairs when we've dealt with um remove a small lip Of the sidewalk to make it ADA compliant that um, they had mentioned early on in the presentation Uh maintain even as one of the the staff suggested um conditions is to maintain um material and replace if necessary all the surface material And I think those are the main issues and then the other one is the I'd like to have some discussion about the shading and it seems to me that one possibility is that um that we require the applicant to consider If you consider Different methods of providing shade Within a year or with with the next application for a for a larger Uh project So just that they come back for a meeting if there is no project if there is a project But there's some consideration given to providing shade at that time when this larger project comes in We don't have a there's no promise at that larger project coming in. I guess it's your intent But that's why I would have come back in a year To the board saying we've given us some thought here's the experience It's needed. It isn't needed or here's the way we can we propose to to provide some form of shade Okay Okay, sure, but I board members what um Dillon, I know you had some thoughts on that and so did john. I had some thoughts Tammy go ahead. I also have a comment. Uh when we were there, um yesterday at 12 30 it was Very sunny and warm however We were able to stand in the shade next to the buildings and so when you you could fit a chair next to the building and so Um, I will say that the buildings do provide some shade from relief from the sun if that if someone really needed that Okay I'd like to address that Earlier, uh, mr. Schaefer said that the buildings were On the east and west side They are in fact, I believe north and south not east and west So that has to do with how much shade would be provided by any of those buildings in the summer months Because the sun is very high. So how much more uh Then what we saw there yesterday, which was only a couple of feet And yes, one could put a chair there, but then What that means one has to bring a chair if you don't live in that building so I think the the, uh idea of Looking at the possibility of providing shade. It's a very important one Any other conditions? Um that we should consider that Members want to discuss Let me just yeah, just just simply that. Um, the uh, the the new equipment that's being proposed for the, um Playground will be, uh positioned and located, uh as per the plans Right We should have the A condition that the project should be built according to plan and the approved plans maintained needed Substantial change from the approved plan. So come back before the zoning board of appeals at a public meeting List and then we would list the plans of as we've received them along with the notations that made at this meeting on the sidewalk Uh the material ADA compliance um As you said The condition on that that the playground equipment site furnishing and ground surface be maintained in good good condition And that the the sidewalk be maintained in good condition I think those conditions along with the condition about shade and the previously mentioned conditions are the ones that I would like to see um included So do we With those conditions Are there any is there any of I get we have to vote because it's zoom. We got a vote individually on this Um, so I'd like to I would move that we adopt those commissions those conditions before we move to the 10.3 Um Recitation that we have to go through so I would move that we adopt the commission the conditions that we had previously stated Is it do I have a second? second um So miss parks Vote ira any discussion on the motion excuse me any discussion on the motion. I don't want to shut that off. Yes. I'm sorry um specifically what is um, what are we including about shade there specifically so my motion my thought was to include that the When they come back with a new plan they have they show some consideration for possibly they show that they considered possibilities for providing shade If they don't come back with a new New proposal within a year they come to the board and say here's what we thought about it We need it or we don't need it, but we've given it some consideration pursuant to your interest So that's what my condition that's what I think a condition would be And then if they they they came back In a year and said you don't need shade if we the board were to disagree and say we think you do need shade What would be the board really in that case? If they don't have a new proposal before us I don't think and I'd ask davis, but I don't think we have the authority to To require the new a new action on their part Okay, but not not from the wording of my condition, you know, you'd have to make that an additional wording that I don't think we'd be able to do it because there's special permit has always already been granted and I don't think that would be doable Does that make sense a day you want to eat that condition? So I would repeat the condition by saying that they when they come with the next proposal That they show some evidence that they have considered providing shade For this area of the playground that there's something included in the plans that they've provided some consideration of Looking at trees artificial structures or the existing shade provided by the buildings that Make the determination whether they do or do not need shade and they present it to us in the next proposal If they don't have an extra pose another proposal in a year Then they do the same thing they come back to the board and say Here's our thought on this. We've given it some thought. We've looked at these two or three things Here's the way. Here's the way we're approaching it. At least it gives us Them an opportunity to explore it Give it some thought and for us to review it if they have a new proposal and to review it if they when they come back in here If there's not a new proposal for that prop for that area and just kind of think of a way to simplify That If a new proposal does not come before the board in regards to the rest of the property within one year that They should come back to the board Any after Something like that. Yeah come back to the board in the year with a Um with a proposal for shade if needed for shade if needed in their judgment, right? Basically, yeah, that's not to be more specific than that. Yeah I mean I just Just to go back one more did was there a condition on the accessibility surface accessible surface? Yes, kind of his own for a minute. Sorry. Yeah Okay Yeah, I'm just gonna say that um I mean, I'm not I'm not Opposed to that uh condition necessarily. Uh, I'd certainly vote for it But uh, is it necessary considering that if they come back in a year without The other proposal we don't we don't have any authority either way to to have them put in shade That uh, is it worth any of our our times to to put that in it? I haven't come back in a year and say hey, we looked at it and you know, this is what we found and We're found we need shade, but we're not putting it in because there's well, that would be here be That's a that's a good question. I think what it does is Addresses a concern that is held by several members of the board that there ought to be some consideration given to shade Uh hesitance on our part to try to force it at this at this exact moment When we know there's additional development going on and I think if they come back and say that there needs to be shade But we're not going to do it would be a uh, I think there's an inhibition to respond that way to a request That they Examine whether the shade ought to be there or not So I think it provides us with some confidence that this has been looked at By people who've given more thought to it than we've been able to give to it at this meeting And so the issue can be addressed Is I think the positive aspect to that Okay, I would uh, yeah, I support that condition Judge Yes, mr. Langsville The other thing that we can do Is rather than putting that condition is In is if the board feels that there should be real consideration given to Uh shade for this uh area We can continue this And have them go into it now so that when they come back then we still have uh our Ability to to make conditions because Public meeting if they come back and say no, we don't think we need any that's it Yeah, that's true But you know, I'm I don't I would not want to I'd be concerned about delaying the project for however long it would take to do the study to put the together the information um And I think there it's it is um questionable one way or the other whether It's there's sufficient shade there or not Right now and I would I would prefer my thought on this one. Mr. Langsville is that we Give them the opportunity to come back to us Assess it and we either if they do have a new project we can deal with it then Which it sounds very likely and the If they don't have a project which sounds less likely to me There's some ability to to ask them to come back and show us demonstrate that they've given some thought to it We may not have a a leverage at that point We certainly have a leverage if they come back at an earlier with another project that some time in between the in the next year Right. All right. All right. Any other questions about or any of the comments or amendments to the condition a list of conditions Okay, so those conditions are there and now and now we have to go through. Um, we Go ahead Keith. Did we had a motion on the On the floor, didn't we? Yes, we did. We had a motion on the floor to approve the conditions And miss park seconded it Yeah, I did And now and that was the discussion and now we have to vote on it And so I'll call the roll. Uh, miss parks I Mr. Langsdale. I Ms. O'Mara I Mr. Maxfield I On the I vote I Motion carries Now we have to make findings from 10.38 10.380 and 10.381 deal with Whether the app the proposal is suitably located in the neighborhood in which it is proposed and or the town As is seen as deemed appropriate by the special permit granting authority. The proposal is compatible with existing uses and Other uses permitted by right in the same district I think we find that the proposal plays ground for the use of tenants that reside at colonial village is suitably located In the neighborhood and in the parcel 10.382 10.383 10.385 and 10.387 These deal with proposals would not constitute a nuisance due to air water pollution flood Noise odor dust vibration Lights or visually offensive structures or site features The proposal would not be a substantial inconvenience or a hazard to a butters vehicles or pedestrians The proposal reasonably protects the joining premises against detrimental or offensive uses on the site Including air and water pollution flood noise odor dust vibration lights or visually offensive structures or site features The proposal provides convenient and safe vehicular or pedestrian movement within the site and in relation to adjacent streets property or more improvements We find that the proposal will not constitute a nuisance due to air and water pollution flood noise odor dust vibration or visually visually offensive structures or site features 10.384 Adequate and appropriate facilities would be provided for the proper operation or the proposed use I don't think that finding is applicable to this project 10.386 The proposal ensures that it is in conformance with parking and sign regulations The applicant as they stated tonight is not proposing any signage And I think that would That was just stated by the by the applicant. So I don't think there is a Any violation of 10.386 10.387 The proposal provides convenient and safe vehicular and pedestrian movement within the site in relation to adjacent streets property or improvement If the special permit granting authority deems the proposal likely to have a significant adverse effect upon strapped traffic patterns It shall be permitted to require a traffic impact report and the proposal comply with the section 11.2437 of the bylaw The applicant is proposing the two minutes concrete walkways connecting the tenants to the playground from the adjacent residential building The proposed walkways on the easterly side of the parade playground connect to the existing walkway The existing walkway leads to the adjacent parking lot. The board may wish to ask for the applicant for our ADA compliant that we did and We have also had a condition to remove a lip that would be an impediment to movement on the one sidewalk 10.388 the proposal ensures adequate space for off-suite loading and unloading of vehicle. That is not applicable to the project 10.389 This deals with disposal or storage of sewage refuges and recyclable. That's not applicable to this project 10.390 The proposal ensures protection from flood hazards as stated in section 3.228 That's not the property is not in a flood zone. So this is not applicable to the project The proposal protects to the extent feasible unique or important natural historic or scenic features That is not applicable to this project 10.392 The proposal provides adequate landscaping including the screening of adjacent residential uses um provision of streets trees landscape islands and parking lots Where natural undisturbed vegetation may already exist on site or to the site preparation clearing the majority of that vegetation may be retained We have found that the overall property is well vegetated and this application Um meets the requirements of 10.392 10.393 The proposal provides protection from adjacent properties By minimizing the intrusion of lighting including parking lots and exterior lighting The applicant is is not proposing any exterior lighting. So this finding is not applicable to the project 10.34 394 The proposal avoids to the extent feasible impact on steep slopes flood plains or scenic views um this applicable this This is not applicable to this project 10.395 the proposal does not create this harmony with respect to the terrain The use scale and architecture of existing buildings. This is a playground. Um, this is not a question of Size and scope. Um, we find that this is not applicable to the project 10.396 the proposal provides for screenings of storage areas uh utility buildings dumpsters um This is not applicable to the project. There's already screening for there's nothing new there and there's already screening existing on the property for those items 10.397 the proposal provides adequate recreational facilities. Um, that's what the Proposal is about we find this meets that requirement of 10.397 and lastly 10.398 the proposal is in harmony with the general purpose and intent of this bylaw and the goals of the master plan Um, we find that this application meets this finding um So those those are the findings um I move that we approve with conditions the application Zba 20 20 35 from colonial village for construction of a Um, uh playground with conditions Um, is there a second second? Is there any discussion? All right. Um, mr. maxfield But now we'll vote on the motion mr. maxfield I Miss parks I Mr. Langsdale. All right Ms. O'Meara I And I go And I go die it's voting twice Yeah That's an unanimous vote. Uh, the motion is carried and the application with conditions Is approved the special permit application with conditions approved All right very much. Thank you Ladies and gentlemen, thank you very much for your time and you're you're uh Coming out to the site. I do appreciate, you know, very much. You're giving up your personal time I'm pretty good luck with the application And we look we love with it and we look forward to seeing you for the in the future project that you discussed Absolutely. Thank you The next order of business for tonight is consideration of the rules and regulations for those zoning board of appeals I'm going to move that we continue this to our next meeting We had the john witton put together A significant rewrite Of the rules it's lengthy. It doesn't substantive change very much, but it includes much more than it did before We're going to sit down with him the staff And him and go through it And but I wanted to make sure that we were able to provide you with a Recommendation that was well thought through where we had enough time to do it and give you enough time To look at the rules and regs before we asked for a vote on that And I think we'll we're going to meet with him first thing next week We should have something available in terms of A red line version where you can compare what is the current rules and regs to what we're what would be proposed And have that to you so you can look at it for several days Digest it before the meeting. I didn't want to rush it and we couldn't get it done in time for tonight So I will do it for the next meeting and I think it will be a more a better process In addition, it will not apply these new rules and regulations will not apply to the existing Comprehensive permit that was file or application that was filed recently So they will operate under the old rules. We are adopting rules and regulations for the future and in terms of any pending applications for Comprehensive permits or special up this special permits Until we approve the new rules All right, any discussion on that? So I move we continue that to june 11th Do I have a second? second um, so we'll do now Is there any discussion? So all in favor of The motion, um, I'll do a roll call and have a really hard time not doing this by voice vote It's just not natural to me All so mr. Lines, I vote I mr. Linesville. How do you vote? I Ms. Parks, how do you vote? I Mr. Maxfield, how do you vote? I Me go Mira, how do you vote? I? all right Five eyes. It's unanimous It's moved till june continued till june 11 and thank you all for Your hour and a half of time tonight. We appreciate it very much and your work to go out to the site yesterday Is there any public comment? Yes, thank you, marie. Um, this is a time when the public can speak on any issue that is not before the The um The board and on our agenda No public comment. Uh, no hands raised So I move that the Meeting be adjourned Is there a second? All right, I'm trying to switch this up every time so I vote I mr. Maxfield I miss parks. Hi, miss omira. Hi She was already gone And I mr. Linesville. All right Okay Thank you all thanks everyone two weeks. All right, and our next meeting is the 11th. Is that correct? So no meeting next week You guys have next week off You guys have next week off. Yes. Yes Yes Super. All right. Thank you very much everyone. Bye. Good evening everyone