 This program is brought to you by Cable Franchise V's and generous donations from viewers like you Welcome to the Amherst Planning Board meeting of July 15th, 2020 Based on Governor Baker's executive order suspending certain provisions of the open meeting law GL chapter 30a Section 20 and signed Thursday, March 12th, 2020. This planning board meeting is being held virtually using the zoom platform My name is Christine Graham Allen and as chair of the Amherst Planning Board. I am calling this meeting to order at 634 This meeting is being recorded and is available live stream via Amherst media Minutes are being taken as normal. I will now take a roll call board members as you hear your name called Unmute yourself and answer affirmatively and then please place yourself back on mute Michael Burt whistle Michael Oh President great and maria chow And jack gem sick And david levinstein here And doug marshal And janet mcgowan here Board members if technical difficulties arise We may need to pause temporarily to rectify the problem and then continue the meeting if you do have technical issues Please let Pam or Sean know Discussion may be suspended while the technical issues are addressed and the minutes will note the disconnection has occurred Please Please use the hand raise hand function to ask a question or make a comment I will see you raised hand and I will call on you to speak after speaking remember to please Remute yourself Opportunity for public comment will be provided during the general public comment period and other appropriate times throughout the meeting Please be aware the board will not respond to comments during the general public comment period If you wish to make a comment during the any of the public comment periods You must join the meeting via the zoom teleconferencing link This link is shown on the slide and can be entered into a search engine The link can also be found on the meeting agenda, which is located Located on the town website in two places One way is through the calendar listing for which this meeting Is listed on the home page and then you click on the link for event details A second way is to go to the planning board webpage and click on the most recent agenda And on that agenda, you'll see the link at the top of the page virtual meeting Please indicate you wish to make a comment by clicking the raised hand button when public comment is solicited If you have joined the zoom meeting using a telephone, please indicate you wish to make a comment by pressing star nine on your telephone When called upon please identify yourself by stating your full name and address and put yourself back into mute when finished Residents are welcome to express their views for up to three minutes And at the discretion of the planning board chair if these guidelines are not complied with or the speaker exceeds their A lot of time their participation will be disconnected from the meeting Included on tonight's agenda item three public hearing site plan review The board will continue the public hearing for Amherst media's spr application to construct a new home office building Which began on at the july 1st 2020 meeting Moving on the slide will now show the meeting agenda Is there great and again note the virtual meeting zoom meeting link at the top item one minutes We do have a set of minutes. It came in our packet for june 10th 2020 if we all have them and review them And I need to pop up my screen here Okay, so are there any comments or anyone any of the planning board members? You either want a correction or um Make comments or something or do I hear a motion? Move to approve the minutes of june 10th. Is there a second? Second Okay, again, are there any comments discussion? Uh corrections that need to be made on these minutes Uh dug your hand is up. Was that your second? Okay, um, so at that but this point we can um take a Vote on the minutes and I will roll call if all are ready. Um, and this is for again the june 10th It's time for planning board minutes. Michael Bart whistle. Yes Maria chow. Yes, jack gemstick Yes, david levin steen approve Doug marshall approve Janet mcgowan. Yes And I christine gramalan also approve these minutes. So that's seven zero zero great um at this time, we're going to Move ahead to item Um, let's see here Um public comment ham, uh, yes, would you like to see the agenda? Can you I don't think I have co-host capabilities right now. Oh, if you could just let that No worries. No, I just was gonna adjust things and I'm like I have no adjusting Thanks, so uh at this point we have public comment period item two. This is where we open it up I'll check um attendees raise your hand if you have a public comment But I must stress that it's not for anything that's on our agenda tonight So if you have a comment wait for that item, but you have something totally different that you would like to speak on I will now um check to see if there's any hands Ham did you see any and is there anything on the phone? I don't see any hands raised. I don't see any phone calls in Um, you were asking earlier if mr. Riedi was here. I do see mr. Riedi in the attendees Okay, great. So that will be okay. So at this point what time did we have it? Oh, yeah, we're good. Um, okay, so Since it is 6 40 we can start Continue our uh SPR for Amherst media and I will I'm gonna raise some people in pristine Okay, great move bucky in Let's start there and see he there's some other people He may want moved in If any of the Amherst media people the applicants Are going to speak uh, you can raise your hand and then Pam can move you over and then I will Get to y'all and and call you So okay, so in accordance with the provisions of mgl chapter 40 a this public meeting has been duly advertised And notice there have has been posted and is being held for the purpose of providing the opportunity for interested citizens to be heard regarding SPR 2020 dash 11 Amherst community television dba Amherst media Corner of gray street and main street continued from july 1st 2020 Request site plan review approval to construct a new building and associated site improvements for Amherst media a 501c 3 educational institution under section 3.33 0.0 of the zoning bylaw BL the zoning district map 14 b parcels 250 and 251 Okay, uh, so at this point, uh, raise your hand if there's any board disclosures And I'm not seeing any Um, so usually we move to the applicant's presentation I first just want to check in with chris bestrop if she has anything to say at this time or should we move to um The applicant or their representative I think it's fine if you move to the applicant Um, I just wanted to note that the applicant has submitted a special permit application for modification of the front yard setback And probably the applicant will speak about that Okay, and you can answer questions about that after yes Great. Thank you. So at this time I will Welcome, um, bucky sparkle. You are here. Can you speak? And I hear you got a new mic Oh, you noticed. Wow. It was worth the investment right there. Thank you There's a rumor you had got a new one. So good great You also have a different tarp in the back so the little one different place. I felt a little crowded before I'm still in that unfinished basement office that You're gonna see for the next year or so if I have to keep doing these by zoom So You can always put a fake background like jack has beautiful flowers tonight. They're awesome I also find them distracting and if I get animated then it gets weird That's true the dancing flowers and Yeah, okay. Well, welcome Um, so what we got this week is we and before I think it Even in an email, uh, we have a letter from you dated Uh, well you're replying to the june 29th letter And it was to jason skeels the town engineer responding to some of his comments So you of course can bring any other information you have for us But that's one of the things we're expecting you to talk about that is certainly on the list I will get to that. Um, and I think it's probably best if I just jump to the screen sharing portion. Is that all right? Yes Pam he's all great. Yes. You should have all the capabilities How's that Beautiful, okay great Um, so I had two points of good news one is I do have a new microphone and two I have a much shorter presentation this evening So let me just roll into that. Um, as stated previously, my name is bucky sparkle I'm the civil engineer for the project and I am here representing embers media There are a few of their board members who are probably in the waiting gallery this evening who may Choose to speak. Um, hopefully They raised their hand you'll be able to let me know because I don't think I see that Also, of course, I believe we have representatives of gilling collaborative architects around who of course designed the building As stated, this is a continuation of the meeting from two weeks ago And what happened at the last several things happened at the last meeting But some comments from the planning board that I recall came to mind were that You know, understandably as a property owner that there is a right to lawfully build upon their property That the couple of waivers that we're looking for were fairly reasonable and understandable for the reasons that we have To ask and that the project and the building is a much better fit for the site particularly compared with what we did in 2019 There were a couple of requests from the board as well One is he wanted to see the location of the trash and recycle bins. We'll get to that And more detail on the wall the retaining wall the north end and the storm water system. So Also, this is something that I'm going to get into a little bit more and as brought up by our chair this evening and chris press I've mentioned that we have submitted a special permit for I guess relief from bylaw section 6.6 zero Which would normally double the front setback will all setbacks for religious and educational uses And there will be a public hearing for this. So I'm happy to get into it more this evening But I I'm also happy to let that Be an aside is something that we just keep in mind. We are seeking And eventually it's going to dovetail Very much with this and I'm going to I'm going to take the responsibility for not catching this in our initial application because I really would have made an application for that special permit with the site plan plan review application, which would have made this a little less confusing So but we can talk about that more as the board sees fit We have made a few modifications Since we're here last to the plans to the landscaping to the parking storm water and the wall And what I'm going to do then is just walk the board through these items Not in text form. So looking at some pictures We're going to look at the site plan and I'm going to zoom in again a little bit Some things that have changed here. So we have located the trash and recycle bins They are now in the northwest corner of the building. There is a fence that runs On the north and west side here. We also have the hvac compressors over here. So it's still conveniently located There's a gate now for a fence right here. So those will be obfuscated along with the Mechanical equipment. So we won't have to look at that when we're walking in I also made note that um, although I guess it's on the drainage and utility plan that A knocks box and strobe light for the fire department that's indicated on the plan On a slightly different sheet than the one i'm showing you now, but that's at the front door and I have also corrected setbacks so And I read the setbacks off of the main table. I did not catch Some subsections later where the setback against the residential So we have residential to the north and to the west yet. This is the a bn zoning neighborhood business So it's a 20 foot setback on the north and a 20 foot setback on the west not a 10 foot As would be standard for the bn in all directions I have left the 10 foot setback at the front This is the point of discussion regarding the special permit from section 6.60 The rob morris opinion was that the setback as shown is appropriate for this case as he wrote in his email That came at the right before the last meeting. So I don't think anybody had a chance to read it then I that board members have had a chance to read in the last two weeks So i'm going with rob's opinion and showing that setback now I did make because there was a comment about parking and even though For these parallel parking spaces near the wall That a resident had made I had extra wide spaces to try and create more More room between the wall and and where the cars would be and I realized after that public comment that It's probably better to have a regular sized space and have more green space between the pavement and the wall So we've increased the space here. So there is now a couple of feet From the edge of the pavement to the wall So we have something like three feet three and a half feet from the side of a car to the wall Which is plenty of room to get in and out of a car It's the same amount of room they had before it just will look And feel like there's more room there And those are changes to the plan and the parking I'm going to bring up the landscape plan here and I can drag this up a little bit So There are A few things that have changed on the landscape plan. Oh, there's a little note Yeah, I know it says add plantings with a question mark. Yes. The answer is yes to that and we have actually added a screening section on the southern and eastern sides of these two parking areas and borrowing a page from the UMass and Amherst pollinator requirements or suggestions that this embankment here of green will Is selected exclusively from the UMass recommended pollinator list so if I Move down the screen a little bit the Species list has been expanded If we want to get into anything individually we can look at it, but We've added several plants down here that would be going in And they're all pollinator friendly We have also added as was a suggestion by Berkshire design group and a fair one, of course is The sizing of the plants for when they're initially Installed as well as the spacing of the plants for when they're initially installed installed in these beds so The landscape designer provided that information to me since the last meeting and also This tree this elm tree that's labeled as Planting v like victor I heard a comment actually from chris breastrupt that it was a bit close to the 25 foot triangles site triangle so I Created that triangle on this plan so you could see how it lays out And the tree was actually outside of that but at least the trunk So what I moved it further away anyway So it's it's even further away from the site triangle and it still doesn't interfere with their storm water system in this location So that seemed seemed appropriate Other things that the board was interested would be The storm water so I have made a few changes to the storm water plan I say a few I've made very few changes to the storm water plan mostly this was Jason skills recommendation in his letter and so here's where You brought up my reply to Jason. He had a few comments. He said show the drain that comes from the wall so that drain is now illustrated and Make a note about this sign to remove and replace this the stop sign. It's also the sign which bears the gray street name Actually, I think I had that note on a on a different plan that maybe jason didn't see but I just put it on the utility plan as well And really the biggest thing that the real change that he wanted was a belt and suspenders approach to doing the best possible effort in making sure that water that's coming from the the mansions up the hill and Newell court because there's water that drains from Newell court across Amherst media's property That's 2.2 acres of land that is unmitigated and While we are capturing A portion of that and bringing it into our storm water system We're going to add a curtain drain that runs along the back of the granite curb here and tie that into our catch basin And the main reason for that is jason skills indicated that at one point. He saw water bubbling up um at the corner I'm going to I don't know if you can see in my hands But at the corner of the the granite curb and the sidewalk The water was coming up between that joint between the curb and the sidewalk so that simply Eliminating redirecting surface water may not be enough to eliminate the icing problem So he asked that we install a drain that is right up against the back of that curb. So that's what we've done We've installed a cutoff drain here that's tied to the catch basin so that is the the change to the storm water system and What jason felt was appropriate for this site. Otherwise He's totally into the storm water design. It seems to work for him And I do want to talk about the last thing is the retaining wall So this wall that runs along the back of the property There were a few questions that were brought up not only by berkshire design group But board members as well wanted to see more information So what i've done is i've created a plan that'll bring up in a second And it's as if you were standing in the parking lot and you were looking north at the face of the wall So this is that plan Sliding this into position a little bit And it's scaled five to one. So it is scaled five times higher Then it is wide. So the reality is this wall is proportionately not this tall Another thing that just because of the the scales five to one Another thing to point out is that we adjusted the grade What we had done before was we built the wall to The existing grade and just we're going to leave the existing grade behind the wall But there were some comments about the wall height And we thought it might be possible to get this wall under four feet tall So what we have done and maybe looking at the profile here a little bit. Let me zoom in this guy If you were well if you were to I know this is going to zoom in. Let me go back. Sorry. I'm misusing my machine here So zooming back to this right so the highest point to the wall is at the west end of the parking lot And it's three point nine feet of exposed wall phase at this point in time We've been able to lower it down and one of the ways we've done that now I'm going to zoom into the profile is this is the highest point of the wall So over on this side, this is looking west So this would be the grass in front of the wall The face of the wall that rises three point nine feet The width of the wall and then we're we're the existing grade used to Come relatively level and we were building the wall up to that height But we have a couple of feet. So what we're going to do is we're going to create a slope that is still maintainable But lowers the face of the wall And so now we're going to have a cut slope up to the property line And there were questions also about Well, how do we manage? You know the the excavation or working that close to the property line and the information on on the dead men etc so I went back and you know now that the wall height changed I ran through the numbers again And this wall is a gravity wall It does not require any dead man any geogrid reinforcing any tie backs It will stand up just fine on its own And hold up this four foot embankment at at the highest. It's three point nine feet We are still including dead men as just one additional factor of safety They're they're very easy to install once you've got all this open And we don't see any harm in adding an additional factor of safety here In talking with the contractor and looking at excavation safety Uh when we do get to this higher Wall section They're prepared to bring in steel plating to shore up the embankment And that will be stabilized on site such that the workers will be able to build the wall It will likely reveal this cut slope in section So they're not going to just open up the entire hillside And leave it open while they slowly build this wall. They're going to Do it in sections as they can And That is going to also increase the the safety and stability You can open up a cut a trench And it's fine for hours sometimes days sometimes months But eventually things start to To crumble out down on you So we're going to keep it open for the minimum amount of time necessary to build the wall and then and then move on And I I think that's the main points I have about the wall As well as the main new information from the last meeting I do have uh and and want to just very briefly go through The remaining brief slides here just to refresh people's memory We do have the architectural elevation of the facade that faces main street still available to review this one's been colored up a little bit We still have the elevations. This is unchanged From the original submittal of all sides of the building I still have a floor plan that we can look at if you're interested. I have the information on the lighting We can look at if you're interested. I have the information on the signs. We can look at if you're interested And in getting down to the bottom here Just reiterating we are seeking this is the formal part. I guess we are seeking waivers from bylaws 7.004 we are We only need at most five parking spaces. We're proposing eight The bylaw says, you know, mathematically 15 is the correct amount. So we're seeking a waiver there We discussed that at length at the last meeting. I can talk more about it As well as bylaw 7.103 In putting a vehicle parking space within eight feet of the building or a driveway within five feet of the building We're using fire retardant materials and the fire chiefs or the fire safety officer Mike Roy said That would meet his requirements as well as Since this is such a low traffic generating facility roughly generating the amount of traffic of one and a half residences that the traffic study or a big report is also being requested as a waiver It's it's an awful lot of work For very little traffic and traffic that doesn't even go past a single driveway on gray street turning in from main street Amherst media is the first driveway And only because it came up Across my desk at about 5 p.m. Today and it brought up several points that I expect will be heard In the public comment I do want to talk about a couple points brought up by attorney matt massingill's letter And on a I don't know if anybody's had a chance to read it because it just showed up Some of us i'm sure did all right So first of all on a personal note what i'm going to say is i'm sorry that the playing board is is you know subjected to Vitriol might be too strong of a word I I do don't believe that the playing board has been criticizing The neighbors and the butters and I really do believe you're doing your job the way you need to be doing it So I I don't think it's fair some of the things that were stated in that letter But could we turn to the more professional point i'm not going to talk about The majority of the things that attorney massingill brought up My opinion is that there were a lot of things that were erroneous propaganda ish But I do want to talk about a few things that he did bring up that that does pertain to this application He did indicate that the local historic district commission just gave up and approved this project after being brow beat apparently those are my words By amherst media's attorney and high power architects The historic district commission unanimously voted to approve this And then further went on to issue a two page letter of support for this project So to me that does not seem like the district commission just gave up on this issue There was also talking that letter about Takings versus easements and raised questions about that There is no question about that the easement was agreed upon it is an easement to be Provided upon approval of the site plan review and it does not affect the setback because I know setback is an issue that Is being pushed around a little bit That's why we're coming up for a special permit But we we know that it's not a taking we know that we're going to give the town A 10-foot wide easement to maintain the sidewalk And uh, there was an entire paragraph about how I have been misrepresenting Aspects to the planning board and that I received a letter from rob mora It is true. I did not receive a letter from rob mora I Received a copy of an email from rob mora and I guess maybe in the legal world There's a big difference between letter and email. I tend to use these words interchangeably So I do apologize for that confusion And no that letter was not written to me. It was written to chris press rep I just received a copy of it because it's the project that i'm presenting And attorney masson gill spends quite a bit of time about talking about what amherst media wants and thinks Even though he's not been present at any of the board meetings to my knowledge Of all of the things that he said I don't need to address most of it But I do want to say that the project and site design that we have submitted Is very much desired by amherst media. We don't want to change anything. This is exactly what we want to do And That apparently is not how matt is is twisting the situation. So Those are things that I just wanted to put on the table for clarification purposes And I think I've already given too much time to to that three page letter. So at this point I'm going to return to the site plan view maybe with here and I'll relinquish screen sharing if that's preferred and I'm open to board comments questions and the rest of our process. Thank you Thank you at this point. If you don't mind leaving your shared screen up because uh these These slides might be helpful So at this time, I'll open it up. Well I'm going to just chris. Do you christmas chris besta? Do you have anything you want to add to this or comment or do you have a question? None at this time. Thank you So I'm going to open it up to the board members for questions to mr. Sparkle at this point. Um if they have any questions about the um Stuff that was addressed um I'm not seeing any hands. I have one question So at this point you don't have a parking management plan Um are the narrative that we submitted did include a parking management plan? We haven't actually seen one, but um, I guess I just wanted to put a point that I think should be in the parking management plan You know, I'm hearing in some of the comments and concerns is You know, it's a fairly small parking lot and you've done a lot of work showing radius turns for Different size automobiles And I just want to say you've also been very clear that um You know 80 of the time or most business days that there's only one or two employees. Maybe three So my thinking was it would be comforting to see in that plan that They're the staff is expected or encouraged or to park on the inner spots that are a little More difficult to get in and out of not impossible obviously, but for a newcomer who comes It is a little bit more challenging and we all know that you know Even our own driveways after you've been getting in and out of them Over a few weeks or a get through that snowstorm or whatever You kind of learn the tricks of how to get your car in and out of there And then that would leave maybe spot. I think it's seven and eight. It doesn't say it on this drawing But they have the two down by the sidewalk Yeah, there's seven and eight. Maybe could those be labeled as guest parking spaces? So they're more available for people who are that coming in to Do a recording or tv show or something like that and had any thoughts or discussion You know, this may be more, you know, partly you but partly Amherst media and their function but That might be helpful to have that spelled out I think that's a very reasonable consideration. I'm sure my client would have no difficulty Installing a couple of attractive signs indicating guest parking. It's the first parking right off the bat Mm-hmm Thank you. Um, so now I see three hands, uh, I'll call on david and then we have Oh So I'm gonna backtrack on that chris. I do see your hand out So if chris if you want to make a comment, then I'll go to david and then janet though david just disappeared But chris, okay, I just wanted to clarify that there was a parking management plan I went back and reread, um, mr. Sparkles Project narrative and the parking management plan is embedded in the parking management in the project narrative. So Um, he put embellish on that and presented as a separate documentary the planning board would like that to be so No problem. Yeah, great. Yes. I do see some of that in there, but if it could just be a actual parking management plan I'll isolate that and we'll we'll talk about the modifications since the original narrative submittal Thank you. Um So david's hand i'm going to go back to calling on david and then janet Hi, thanks. Um or bucky can you Can you walk us through the floor plan? I don't recall you doing that and i'm curious about about it and about Yeah floors and then then the other thing is I hadn't noticed the sign in the northeast corner um, and then so if if you could take a minute or two just to to draw to A clearer picture for me of that. Absolutely. I'd appreciate it. Thank you. Sure Um, so I guess anytime I talk about architectural floor plans. I should say I'm not the architect But I am familiar and we do have the drawing up here And I would invite um, if we have john krifka in The side if he would like to speak at any point to allow him to to butt in I'm not sure the best way to do that through zoom Chris can move over hold on one sec. I also seem to do that eric wilkinson Is he someone tied to the architect or anything or do we know who that is? He's not on my list I don't that's not familiar I'm just going to say to attendees If you are part of public comment if you could lower your hand at this point And we will have a public comment period and you'll have a time to speak then but um So I am going to move down that lower that hand for right now And if there's anyone on amherst media or the architect who would like to add comment Are we sure eric wilkinson? He just put his hand Okay, let's ask him Up Whoops. Nope. He put his hand on okay All right If I'm watching for hands and pam is too for anyone who is tied to mr. Sparkle's presentation or the applicant Amherst media to Raise your hand. Okay. Um, so back to you mr. Sparkle. Thank you. Okay. No problem Um The the floor plan I guess I'll just literally walk through so if you were to park in the parking lot there is a An entryway from the parking lot, which is going to be the way most people who drive arrive most people who come by bus and By I guess the bike rack is back here. So cars and bikes will come in this entrance pedestrians and bus riders will come in this entrance and this area through here includes a reception desk And a lobby area sort of a meet and greet space as I understand it The the heart of this place is really a you know a tv studio here So if you were to go down the hallway their primary studio their larger studio Is under this is where the roof is is highest To facilitate the studios. So they have the studio here They have a control room that obviously is technically connected to the main studio as well as a smaller studio so they do I think small interviews and and Things that don't require very much space within the small studio They do have a few offices Office here or programmers office Another one down here on main street the director's office So there is definitely office space available in three stations There's a little bit of storage There's a green room as well So, you know, if you're about to go on tv or a public zoom meeting sometimes it's nice to chill out right before that They have a computer workstation and I there's a lot of media is done digitally So the a computer station is is part of that and I'm also certain that this is very much part of their educational component As they're they're teaching students how to use some of these softwares how to use this equipment So this is sort of the educational component Of what they do bathrooms, of course A little small conference room They don't need a lot of space for that a break room equipment storage and then this is the mechanicals for The you know meters and it says cable casting and some I don't even know what cable casting is I have to admit Um, it sounds like tv stuff to me Um now I don't have a copy of the second floor floor plan because it is just storage And let's see if I can trick my computer into doing something useful here As I understand it so Because of the gabled roof A good deal of the space is too low to be useful and because of fire laws I don't think they even get to use the entire attic without There it has to be within a certain distance of an egress on the ground floor So something like this is storage above the building so there are stairs up and that this Blue area that I've created is Roughly the place where a human being can stand up So that's where they're going and they have quite a bit of equipment and sets and other things that they're they're moving around And and storage space is a fairly important component of their operations. So They have as much of it as they they can use and But that floor plan is very simple. It stares up to a storage space and that's it I'm going to delete that gray area. So David you asked a question that was thumbs up. All right now going over to the sign Let's we'll look at this a couple of ways first Let me go look at the whole page here This is the main street view So the first thing I'll point out is that the driveways in front of the sign and the sign gray street is over on this side And the sign will look something like that As far as location on the plan Let me go up to the more simple site plan itself The sign is located right here on the north side of the driveway entrance And then for further detail for the the pretty stuff the architect has provided information on What the sign would what the sign would look like? And here is a hand sketch of detailing that the sign is going to be You know, that's you know, it's a sort of a concrete masonry core, but upon which they will apply um Goshen stone So the that veneer will match the retaining walls in the vicinity. So they're trying to get all the walls in the sign to To relate to one another aesthetically it Is cut back a little bit So the middle part of the sign if you look at this profile Is further back than the face of the sign so that the Goshen stone is in front It's just a slate background and there are pin letters that go in front of it It does have illumination and that so there's this capstone. There's two foot wide capstone That is another slate slab and there'll be a shielded led light bar So it's shielded on three sides and it directs light just straight down So that the face of the sign is illuminated and legible the end of the Sign itself will look like a rectangle of stone the back of it will look like A wider rectangle of stone if you look at it from the top here's like another cut section so that there's this Goshen stone edifice that wraps around it the structural core the aesthetic You know letters and logo and then the light bar that faces downward Is is that information that you were seeking David? Thanks, that was great. Yeah, I mean, I guess I mean part of my I think it's great. It's a beautiful looking sign. Although I think it's going to get tagged perhaps by oh undo undo undo But but but but but I wonder And I can't I don't think so but it's hard for me to tell whether it's it's um a potential visual obstruction for either of the driveways the the on Amherst media's were the One north of it. I don't let's go back I don't think we're going to be in trouble there because if you were to take you can see this is the length of a parking space And if a car comes out the driver is already over the sidewalk So the signs pushed fairly far back. That's the car's fender Thank you absolutely Before I call on Janet, I just want a little question. Is that the only sign? Is there no sign on the front of There are um, I did bring this up at the first meeting, but let me zoom in here Well point first there these are just four inch high pin letter signs So there's one on this side of the building and there's one over the main door. I'll zoom in a little bit to the door So you get a sense that You know in the the trim that goes around the building underneath the softening is the logo And then this is a pin pin mounted sign there's a light at in the soffit of this roof covering and In the if we go back to the sign page. Let me look at the whole thing Here or it's the backside. I don't know why they don't show you the front But here's the the backside of the letters. I imagine this is a g. I don't know It's backward. You'll have to use your own imagination But it gives you a sense of of what these are Little metal. They're only four inches high. So they're not substantial You can mount them flush or you can what they call pin mount them. So they're raised from the building slightly And I believe that's what the architect has chosen to do is have them raised off the face of the building Thank you. Thanks. And that's all the signs. So I recognize Janet and then next will be jack Hey, um, I have just a couple of questions. Um, could you I was wondering where you're gonna wear this snow story just gonna be um, and on your site I don't you may have mentioned it earlier. Just don't remember. Yep. Let me zoom in a little bit. So We have been talking to the the snow maintenance people just to make sure that we're providing what they need And when they come in they'll be coming in from gray street with their plows And their preference and works out well for us is to push the snow straight. So, um, actually what I'm going to point out We have snow storage designated here and here really it's going to be right around this light pole on the west side of the base And I'm going to jump to the landscape plan because this There's only utilities, but if we look at the landscape. Oh good. I show it there too Okay, so basically between the hedge row and the The building itself and these are evergreen. So the snow pile itself particularly in the spring when it's melting out um That will also be hidden by by the vegetation Okay, and um I had a question about how tall the inkberries were going to be At their max because I I think it's a great way to shield the view of the parking stuff But I thought it'd be nice if they were kind of on the lower side like three or four feet All right, inkberries. Well, we can't have them very tall for The um, it's it's a steed's Japanese holly is Is what's being played is this so when you said inkberries you meant for this vegetation? Yes Okay. Yeah, it's it's a it's a type of holly it doesn't look like the classic winter berry holly when I took a look at it because I I I didn't pick these plants the landscape are conducted but landscape designer and if we look at right here The steed's Japanese holly Is gets four to eight feet tall Depending on variety and growing conditions. It also can be trimmed So if there's a maximum height that the board would like to see and it's still adequate to provide shielding for the The cars and we're already up on the slope a little bit. So they don't have to be very high to hide the parking lot We're certainly happy to limit that to five feet or something like that Yeah, I thought it was just good. I mean, I thought the slope really helps and it'd be great to have them cover the cars But not obstruct their view. So I don't have a a hard number, but I just thought, you know The more of you at the Henry Hills house the better The other the other question I had which is very two more questions quick ones What is the width of the parallel parking spaces? Just They are all right. So going back to Let me back out And these are standards, right? Yeah, well interestingly Amherst is mute on parallel parking Sizes so I went with other engineering standards. So The width is nine feet and That's that's adequate to to get cars are about six and a half feet wide So that gives vehicles enough space one way or the other There's also no curb on this side. So there's there's still wiggle room. Although I think You know, if you do have a passenger, you're not going to park right up against the wall most cars don't have passengers, but Uh, it should work either way. So they're nine feet wide This is a short answer and then my final question, which is again about storage. Um, when I was looking at the, um The draft site plan review All right, I was wondering about the where you're going to store vehicles and materials during your construction Is it going to be on site or is it across the street or is there a plan for that? We did talk to the contractor. Uh, we're going to be able to do all of that on site The staging of materials. I'm going to look at the whole thing here Um, we there it's important that we don't drive Uh, chew this area up very much. Uh, we can we can drive over a little bit because of the storm water system Um, I don't want deep ruts in this area So we're going to be able to do some material storage around here And then the reality is the contractors are going to have to do a little bit of a dance from week to week They're going to be operating in different places There'll be different aspects of the site that aren't going to be as accessible So I think for a large part of it, uh, they're going to have vehicles on the west side of the building I mean, they're they're kind of going to be all over is the reality of it And it just depends on what operation is happening now A single designated staging area that's out of the way of everything is not possible on this site So they but they believe they can keep everything on site and we could always look in the region Um Something you said just raised another question my mind, which is on the green space where where you have the um The the open green space. Can that be recreational space? We can people walk across that? It's not You know, if you had an event or something it could be there Yes. Oh, absolutely. Yeah, I I wouldn't be driving vehicles over it when it's all said and done, but Uh, the the technology that we're using is is commonly used in people's backyards. You go out there You know put up your lawn table and your chairs and You know have a picnic. Okay. Thanks so much. That's all I see jack has his hand up Yes, um my comment was this on the storm water because You know, there's been a another, um, you know addition with regard to The retaining wall here, uh, or excuse me the The the uh near the sidewalk anyway, so you have a lot of features, you know going on And I guess I think I brought this up when you initially brought this up a year ago, but I'm wondering is is there a potential just to dewater the entire site? And so you have storage capability Because your catch raisins look to be like around 250 or excuse me the the outlet on the street appears to be 250 elevation 256 say I Not sure but That you know if if you were, you know, you have a lot of uh, a lot of drainage Control features there. I'm wondering just in terms of dewatering the site And allowing storage for the storm water as a result Say Again, I wish I would brought this up last week, but and I'm fine with what you have but I'm is This might putting my two cents in um You know, have you thought about putting a deeper trench Along that north property boundary Dewatering the the entire site Providing additional storage beneath the parking lot that you have designed So you don't have to pump and have all these other Features, you know going on the west side of the site You know for the for the storm water control um Again, I'm not a storm water engineer as yourself civil engineer, whatever but I just uh This is rattling around in my brain. Sure. No, that's totally understandable Yeah, it it has been considered So what what I will say is that? generally when you're doing Stormwater infiltration storm water management But more the infiltration because we're trying to get water to go back into the ground kind of like a septic field You're trying to get it to go back into the ground the best operating practices for engineering best practices would be to operate above the naturally occurring groundwater elevation and The it varies over the site. It is as shallow as 21 inches It happens to be right up here in this this corner of the infiltration field So we really are trying to build above the naturally occurring Groundwater elevation If you do dewater a site If that pipe plugs up for some reason now all of a sudden your infiltration system is You know two feet underwater perpetually and it's never it's not going to work again. So It's it's not something that is done It you know logically if you could just sink dewatering trenches in you know, oh the groundwater goes away, but We don't count on that in the engineering world. I wish it were that easy In in a lot of cases I would have loved to avoid a pump system But I really do need to work with the naturally occurring groundwater table Is that in just one Point and I think you're all clear on this but the bedrock Tends to rise on the west side And you know, I'm pretty sure what you have designed Has enough freeboard above the bedrock We've done we've done test pits and we've gotten down into some distressed rock We're aware of that elevation and we believe that it's not going to prohibit the The deepest part of the system or is the pump and the recharge Tanks, um, we're we're pretty sure that we can get them in and If for some reason the bedrock were problematic and we weren't able to chip it out easily It would be a very small and easily contained blasting situation Or we would be able to easily because it's a pump we can take these settling tanks And as an emergency fallback There's enough room if you can imagine for these structures to sit down here down here Still be within the property line. It's a very different soil and elevation situation down there We don't want to do that because it's more trenching longer pipe probably bigger pumps So we we do want to do this over here But my instructions to the site contractor is job on is make sure you can dig these holes And I think they can we talk to them and they think they can but if you know It's underground. So you find unusual conditions from time to time in the world of construction But we have multiple fallback positions if we do find unusual bedrock conditions Thank you and one last additional question The line that goes to the north and then to the east around the building Uh, this one detail that a little bit. Yes, that's a roof drain. So Most of the recharge Is capturing most of the roof water and piping it so there's one here as well So we've got a downspout here and a downspout here That are connecting water down into the settling tank Okay, thank you. You're welcome All right I don't see any other board members raising their hands for questions right now I'm going to go back to chris bestra and check in with her and then we could go to public Comment I don't have any questions or comments right now. Thank you. And also, I'm just checking attendees I'm not seeing any of the amherst media raising their Hands at this time. So they're just abandoning me. Oh, no Covered a lot of ground there. That was good. You're doing a good job So I'm gonna Move to public comment at this point So you could raise your hands and I'll note how many and and announce your names. I just want to remind everyone Please limit your comments to three minutes Or it just goes on too long And I'm watching here. I see two three Okay, so at this point I see three hands Um and mr. Sparkle if you don't mind leaving uh up your shared screen because I think at this point you have a lot of Good drawings that could be helpful depending on just direct me as needed. Okay. Thank you Um, and you can choose to respond or not to respond So just raise your hand if if you do want to say something After a comment and I'll watch for that. Uh, I recognize felicity hardy Uh, so please if it is felicity unmute and announce yourself And your press for the minute taker Thank you, madam chairwoman. My name is felicity barry Um, I live at 574 station road Can you hear me? We can hear you welcome Perfect. Thank you very much. Um, I submitted some written comments, uh to the board, uh, which I hope you've received It has some attachments And I just want to supplement my uh written remarks as follows um First of all I I'm not entirely sure because my screen is very small But it appears that mr. Sparkle is still showing a 10 foot setback On the side, uh next to gray street. I think that that's a in in my letter. I indicated that I think that's a 20 foot setback because This parcel abuts the residential zone. I can't really tell But I believe that the rear setback and the side setback are both 20 feet And I raised that that point because I think if the setbacks were properly showed It would demonstrate to the board how small this site is And as I indicated in my letter, I think mr. Sparkle has done the best he can With engineering this project for this site But the bottom line really is that the site is too small For what amherst media proposes So in my letter, I indicated I explained that in fact, there are fewer than eight spaces because the handicap space Of course has to be reserved for mobility impaired individuals. So the staff can't use that And I can't really speak to Mr. Sparkle's change to the width of the parking spaces and the And the wall, you know, he says now that passengers can Um can you know egress the cars that would be parallel parked next to the wall. I really I don't know But my fundamental point is that this site is just Too small for the use that is being proposed and I it's just it's unfortunate And um, I would just encourage the board to really think about this This building is going to be there for 50 years 60 years 70 years however long it's going to be And if amherst had had a planning board back in the 50s when the bank of america building Which is just hideous on the corner of of Main and pleasant was built You would have had an opportunity to weigh in and now you really do you have an opportunity To shape this project in a way that will make it work Into you know way into the future and I would just encourage you to really think about your responsibilities and to To encourage the applicant perhaps to Downsize the building one other point I would make and that's about the parking management plan It's true that mr. Sparkle did include that in his initial materials his parking management plan Basically is if there's not enough parking on the site then people will park on gray street and yes, there's There's capacity on gray street, but does the board think it's fair For all of the rest of the neighbors in gray street to have on street parking for amherst media because this site is too small That's a question for you guys to decide Thank you for your time and I appreciate your upper your review of my materials. I'll meet myself now Thank you Do you want me to respond immediately or um Let me check in with chris best first chris. I see your hand up. Do you want to make a comment about any? Yeah, I just wanted to make two comments in response to what miss barry said One is that gray street is really a front setback because it fronts on to gray street So it's treated the same way as the front setback on main street So it's it's not really a side setback. The other thing that is that That portion of the lot does not abut Uh a property that is in the rg district. It abuts the right of way So I think those are two things to consider with regard to the eastern side of the site and that's all I wanted to say Thank you. Um, mr. Sparkle You can answer back if you want an ad I just wanted you if you could point out with your mouse where the 10 foot setback is And then where the building? Is within the 20 feet? Okay. I'll just move this a little bit. So Starting with the setback issues the 10 foot setback on the front line on gray street and the front line on main street I'm tracing And then the 20 foot setback to residential on the west side, which is the side setback And I guess technically they're both side yard setbacks because it's a corner lot and there's no rear rear setback Those are those are established on this plan accurately So that addresses the setbacks And um, not only is gray street a public right away, but I believe the property over here is not zoned residential Isn't that also in the bn zoning? so There we don't have to worry about uh the setback issues on gray street And even if they were A 20 foot setback You can see if we doubled this the building is still not encroaching on that Thank you In terms of the site being too small, you know, we are only at roughly two-thirds the coverage permissible for this zoning. So You know, we're not utilizing as much of this property as possible It would be possible though undesirable to turn this into a parking lot that I mean, nobody wants that but it's possible So in the realm of possibility the site isn't too small we're just trying to cater this project to the situation and the needs of the applicant as well as the local historic district and Yes, the parking works the spaces for example these spaces You know, all of them they they do meet the the bylaw the questions have been come up around that and the parking does work and Um, I think that's all I would say about that public comment Thank you. Jack, I do see your hand up. Do you have something you want to comment on? I do. I mean, um, I think Felicity I respect Her opinion. She's she's uh Very good at what she does, but I'm just I I think from her experience at the site visit you you know um The lot seemed to be very adequate for what was proposed And again the the the parking maneuver Plans that that uh Bucky had presented seemed to be reasonable But I understand her concerns, but after you know being there at the site During a site visit, um I don't really have a concern with regard to the site being too small Thank you Thank you Um, so I'm going to go back to public attendees and I will recognize if it is Daniel j finnegan And then next will be eric wilkerson and those are the only hands i'm seeing up right now So Welcome mr finnegan Hello, can you hear me? We can hear you. Okay. Thank you very much My name is Dan finnegan. I'm an attorney with the law firm bulk of Richardson and I represent harm's way llc Which is in a butter to the project I echo the comments uh that miss rd made and just just add uh for what is worth just a couple more I did have some comments. I was going to make regarding the front yard setback But now that I understand uh that there's been a special permanent application filed and there's going to be a separate hearing on that issue I'll reserve those until that hearing where they'll probably be more relevant um The only other area I would comment on uh tonight is just the retaining wall Um, and I heard uh, there was some discussion last time on july 1st. I believe And questions from the board regarding tie backs and whatnot for that retaining wall And I heard mr sparkless presentation tonight and apparently he is now saying it's a gravity supported wall No tie backs are necessary And I would just encourage the board to maybe uh ask them if that's been reviewed by a structural engineer And if it hasn't been reviewed by a structural engineer, that might be something that the board may want to Uh look into requiring um Other than that, I would just echo miss rd's uh Comments that the problems with the parking and the problems with the setbacks The problems with the retaining wall all lead to one inescapable conclusion for this project The site's just too small for it. So with that, um, I will uh, Leave the rest of my comments regarding the setback issue for the special permit hearing. Thank you Thank you. Um, mr. Sparkle. I believe you're a pe I am Okay professional engineer licensed professional engineer civil engineer. Yes And actually my educational background was in structural engineering Okay Good to know. Okay. Thank you. I thank you. Uh, mr finnigan Um, so I'm going to move to the last hand that I see raised right now. Um, I believe it's eric, uh, wilkison If you want to announce who you are and where you're who you represent or where you're from All right, yes, my name is eric wilkinson and I live at 20 gray street uh in amherst. Um, Thank you. I had a quick question and then uh, a comment or two. Um, so my quick question is, um, Will there be any renewable energy? um Parts of this building any solar or any other Renewable energy Okay, um, why don't you then give your comments too and because we run out your time that way and then, um, Someone okay, if if there are no if there are no solar panels are Are anything like that on the on the property? Um, then my comment is, uh, it's it's obvious that amherst media Has had a long-standing special close relationship with the town of amherst until very recently The town of amherst had a link to amherst media on their web page that looked just like the planning board link or the police department link Um, and of course amherst media is present at at all of the town meeting So there there is a definitely special and close relationship between amherst media and the town of amherst with with Commendous foresight the the town of amherst adopted not too long ago a zero energy requirement for town buildings, uh in In response to the climate crisis that we are living in now um I believe if there aren't already I believe the planning board should require that amherst media build This building to meet this inner zero energy standard for town of amherst buildings I think this is important for a few reasons first because Mr. Sparkle's water moving system like sisyphus is going to be pushing water uphill all day long Especially in the spring and winter That's going to use a lot of a lot of power And we need that power to come from green sources And secondly Because amherst media is a 501c3 They won't be playing any property taxes. That means the other property tax payers in The town of amherst are going to subsidize amherst media's Town services and for that reason, I think that Amherst media is obliged to build to the zero energy standard. Thank you I don't see any other Attendees general public comments. I'm going to go back to panelists um So, uh, and we did hear you mr. Wilkinson So maybe someone else will ask a question about that, but um, I'll recognize jack at this point Yeah, I was just you already covered this point. I was just going to say, you know, bucky is a as a pe and uh Being a civil engineer, I think he can add or play design This wall which is pretty diminutive In all respects and he's he said that he you know has a structural background as well So I have no problem with uh with his design and needing, you know, additional You know third party, you know review of this particular wall um And again, I don't think the site's too small Uh, and what was the other thing? Hmm I forget You can raise your hand Thank you. Um, I'm going to recognize michael right now Thank you. I'm curious about the uh comment that was recently made about the the net zero energy issue And I I don't know quite how to get into this, but the real question is what would be the design and financial implications of The town requiring or insisting that this building meets those criteria And if some of the engineering or architectural folks in present could speak to that I would appreciate it Um, well, I'll just say one thing about the the net zero. Um, that's just for public our town buildings. Um It would be a big step and some towns do talk about this But it would be a big step to require that on private property, which is this is an example of private property um, and that would Set a precedence then you'd be setting that every building that has to be Built and immersed and and there's even talk about residential buildings. Where do you draw the line that? all buildings so I That could be coming but it's not here now And that's a very big step because it does put a burden on on anyone who's trying to build on their private land um I don't know if I'll rate call some other hands michael see if anyone else has some hands on that Which just to define there's a difference between just trying to put green elements or sustainable elements in your building Like solar panels. It's a completely different animal when you're requiring net zero Which is a highly debated thing anyways because sometimes it costs too much to get to that last one percent or two percent So a lot of people debate whether zero needs to be zero because sometimes it can be a very highly efficient Green building and it's still only at two or three percent. A lot of times it depends on the function of the building the higher the power they use if it's a factory or Different buildings use more power like we debated that with the the problem with the fire Station they have autoclaves where they have to use very high power at times to properly clean all their equipment and That makes it difficult to get to a net zero or the dpw also uses a lot of power for a lot of their machines So it's a very complicated thing. So i'll call on maria and then michael you still have your hand up. Can I put your hand down or? Uh, no, would you read that please? Um, so uh maria? um Yeah, that I think we've had this discussion about when that uh zoning amendment was made I think it was across the board like generally adding 10 to construction costs to get it to be like net zero or net zero capable um, and I agree that Asking that's a big ask But what I like about this process as I have been presented and seen so far is that um You know the people representing embers media have Listened to the comments and addressed them as best they could When they felt it was appropriate and taken those considerations and all of those things have made this project a better project um When there are considerations that are brought forward that you know, like mr. Sparkle has you know, either answered or said, you know, my client could probably consider it You know, it sounds like there's a dialogue happening and then there's certain things where You know, I'm sure it's just where you're thinking in the back of your mind There's no way it's going to happen But you're being very diplomatic and you know answering questions and getting Feedback that is I um, even in this last pass from our last meeting, you know, there are subtle changes so I think that um, yeah, best efforts are being made to like Listen and do what's possible And in the future, I mean, that's a huge south facing roof You could always later on that pvs or something to offset Our usage that to require it as part of the initial Build I think is a big ask in particular with it not being a public building But again, yeah, I appreciate the sort of you know, it's been gradually improving and improving. I think we can see that That you are you are listening and that you're doing what's possible And owning, you know mistakes that have been made and I'm sure that we'll hear more about the project after the special permit process And whatnot, but um, but so far. Yeah, it's just sort of incrementally getting better and better in my perspective. So That's it Thank you. I'll call on um jack and then I recognize david Sorry. Yeah, um, I was just gonna say with you know with the zero energy thing being in a historic district Is seems like it's a little bit Uh onerous to do both. I don't think that's you know, a reasonable proposition uh when they're already Meeting this, you know, very rigorous historic commission review of the property Um, and then also I like you can back this up. I I have a feeling that the pump back system up to that field Uh, probably is you know, fairly minimal Because it's going to have a gravity drain as well So it's only during certain storms that it'll have to pump back, but lucky can clarify on that Thanks jack. Um, so I recognize david Hi, thank you. Um I'd like to echo I think maria and jack's comments Um, and that I think both some of the public comments about the Site being too small is And we were we at and I agree with jack. It's not too small. It's it's tight for sure There's a lot. It seems like there's a lot of design a lot of engineering for the site And and and like maria it's been responsive along the way and I think that that's gonna be challenging but it's uh much more attractive proposal Than had been submitted a year or so ago whenever that was I I do agree with um Matt massingills letter Part very little part maybe but you know, I think the three issues are the setbacks which that's going to that's to be heard the parking which is It is tight But but there's a lot of attention to it and a part of the Amherst media's intent and I think it's it's it's I don't think that is far-fetched is that that there will be alternative modes of people coming there And that it is prime, you know, well situated for that and then the storm water system, which seems to be The the concerns seem to be competently addressed and and so I think the setback is what's remaining and and that will be heard by another a body but It's just a lot. It's a lot of engineering. It's impressive What that's that's been done for the presentation and I appreciate it That's it. Thank you Thanks, um dawg Yeah, I guess I just wanted to say that all the comments about the parking seem to me uh a result of the applicants responsiveness to the design review process That they not use the western end of the site So You know, we can't have it both ways Bucky and his team can't have it both ways and If the town would prefer not to have parking in front of the hills house The applicant is willing to live with fewer parking spaces a somewhat tight speculation for vehicles along the side of the building But they're willing to do it and I think it's only fair for us to Respect the collective will that's been expressed through the design review process and I share the preference for A minimal disturbance on the western end of the site And if they're willing to put up with it, I think it's I'm perfectly willing to let them do that Thank you I had one other one other comment was um bucky whether You know, I think I mean all the conversation about solar zero energy solar is kind of irrelevant to this process We have an existing set of requirements And um, if we you know if the town wants to impose new requirements on future projects That's a whole different conversation But my one question for you might be have you considered Making sure the roof structure is adequate for solar panels what they call solar ready If Sit down the line that became something you wanted to do So you don't even need to answer that but I think it's just worth thinking about with your architect Thank you Um, so I want to call on chris bestra. Um, I'm not seeing that video right now um It's been brought up a little bit, but I just was hoping she would uh talk about the special permit and um How we won't be taking a vote tonight on the SPR because we're going to continue this hearing to August 5th, and that's it When we would because there has to be a certain amount of announcements and all that So we wouldn't be able to do it until august 5th And this kind of special permit is something that Normally does come to us Chris are you there? I'm here. Yes. Um, thanks for the opportunity to speak. So um, there was uh, and probably still is a feeling that um This building doesn't fall into the category. Um, that is covered by section 6.60 of the zoning bylaw In other words, it shouldn't be subject to Doubling of the setbacks but rather than sort of fight that fight and argue that argument The building commissioner and I have made a recommendation to the applicant that They just go ahead and apply for a special permit to modify the front setback requirement On the main street side under footnote a of table three of the Of the dimensional requirements and um, you can look at that one of two ways You can look at it as if you're actually modifying the 10 feet And therefore you only need to if you modify the 10 feet down to five feet, then you'd only need to um Deal with it that way or you could look at it As if the footnote a is actually modifying the section 6.6 of the zoning bylaw. So One way or another I think that um, this project falls into the category that is reasonably Brought under that special permit Jurisdiction and the planning board um in traditionally has uh, been The body that considers special permits when when the planning board has jurisdiction over the Principal use and the the permitting for the principal use then the planning board will undertake to grant modifications or waivers Under special permits for dimensional modifications. So We received the application this week. We're going to publish the legal ad next week and the week after and then We recommend holding a public hearing on august 5th and keeping the public hearing open on this site plan review so that you can Discuss the two of them together so you can hold the joint public hearing on august 5th and if there are any issues still remaining on this project and Things that relate to the front setback that you want to talk about You can wrap it all up on august 5th. So that would be our recommendation Thank you chris. Uh, mr. Sparkle. Is there anything you want to add to that or um, you know The applicant's thoughts on on adding to this process a little Um, I'm not sure I have a lot to add in this particular regard I I love the idea of net zero overall I'm delighted that Municipal buildings are trying to achieve that or closely achieve that I I don't have an answer regarding the solar ready Roof possibility. Uh, we'll have to hear from the architect about whether that's already incorporated or if that would be a minor addition Um, I do have the thought that Uh in the local historic district commission, it's not exactly period to have solar panels So even if we wish to install them, I think there's a good chance we would not be able to now That's just my estimate of what the commission would say But they're very very interested in the fine details of every aspect of this building And I don't think they would just overlook solar panels Maybe they would but I but I can't speak to that or amherst media's intentions or power requirements I'm I'm an outside of the foundation kind of guy in this project But I'll be sure we have a conversation about that And if something comes up, I'll let you know Thank you. Um, regarding the the special permit that will happen on august 5th I'm going to open it up I don't have any comments again to the board, but I just wanted to say I thought it might be helpful like you have this slide here that shows how You know, it's 13.3 feet, you know in If we could have a site plan that just shows this the buildings across the street and their setbacks Just to sort of put it in context, you know, because we've got green space to the west here You could look at some buildings to the east but especially across I think that's what we're trying to Establish a little bit. What is the local area look like? All right, thank you. So I'm going to open up to the board for any Additional questions if we do have time Chris and I were hoping to get to a read through of some of the conditions and findings also only because If we do it now, we don't have to do it on the 5th. We pay one way or the other. So I only see Michael's hand so I'll call Michael I'm trying to get my wrap my head around this is There was mentioned earlier in the meeting tonight Of this project having to go to the zba Is are we now saying is what was is the implication of what Chris just said that The planning board is going to decide all the special permits related to this project And it will not go to the zoning board of appeals This project will not go to the zoning board of appeals The building commissioner has made that determination and he's the zoning enforcement officer. Thank you And I believe this only this one issue right The setback right because Michael was saying all the issues. I think this is the only issue Which usually does fall into our purview more than the cba This so it it never was going to the cba and it isn't it's just gonna we'll have a spr And sp like we very often do So that would be on the 5th. I recognize janet and then then david janet I have a question about the spr conditions and um Decisions and special permit decisions. Um, we know the special permit conditions are always more onerous or kind of more demanding than the site plan review conditions regulation And so I wonder if instead of going through the site plan review Conditioned or whatever if we wait that until august 5th because you know The findings for the special permit would easily slide over to the site plan review findings. Does that make sense? Um, it could we could add to them chris. What do you think? You're some Sort of may feel like if you hit the special permit, you're definitely hitting site plan review Oh, the things might be different But am I reading that correctly or just? May I answer yeah, please do so I think it's fine to wait till august 5th to go over the um conditions and the findings and it probably does make sense to think about them all together um, and I had forwarded you conditions and findings before I knew for sure that That the applicant would be submitting a special permit application. So You know, it's it's fine to wait and it gives you more time to think about it and you have things you want to add That's fine, too. So I I would actually at this point recommend waiting You said it might save time Yeah, and I do just want to wrap chris on the findings the first one actually Does address the special permit? So that's why I thought This had already been thought out a little bit With the special. Oh, yeah, that's right. So it had been thought out. Um But you can do it either way if you want to get it sort of over with tonight do it tonight You don't really have anything else on the agenda for august 5th. So at this point, um, you know I think that august 5th is going to be all about this project So we have plenty of time to talk about the special permit and talk about the site plan review altogether Okay, so we we are due and I'm going to call on some other people here just to get what what The general feeling is that people want to do so I recognize david and then I see dug Thank you. Um, I I agree. I think that we I think it seems to me premature to go over the draft condition because we consider more things might may come up and So I would agree. I would agree with Reading it at the next meeting Thank you great And uh dug and then I see michael Yeah, I thought I had seen something that the 40 r conversation was happening august 5th Is that incorrect We said sometime in august sometime Yeah, chris and I hadn't had that discussion and part of it, um, was because uh, we had sent that well, we voted on our, um recommendation to go to crc and town council regarding them to sort of Reprioritize and think about, you know, the initiatives they have sent to us about the master plan update and hoping that they would Reconsider prioritizing the town planning department resources for more focus on by-law and design guidelines And part of that 40 hour Consultant report is they have given a draft of some suggested design guidelines. So um part of our weighing was waiting to Well, first we have to get That actual recommendation to crc and town council and then hear what they thought about that Because then that would impact how we decide what to do at the 40 hour. Does that make sense? So it will still be in august. We're just not sure if it's the fifth or if it's the the next meeting after that Thanks, um michael. Yes, um We received about five o'clock. I received about five o'clock by email a letter from uh, Mr. Mastergill And uh, I've had a chance to read it Give it a cursory reading. Uh, certainly no more than that It seems to me, uh Both inflammatory and uh important And i'm not sure What we as a board need to do about it, but it seems to me at least We need to discuss what to do about it um, and uh, I don't know whether that means Assuming we want to come to a decision on this project on the first meeting in august It seems to me that any kind of review of this letter if there is going to be a review of this letter ought to happen somehow between now and then either Uh referring it to the town's attorney or I'm not sure what the what the right process is But it seems to me that uh, the letter needs some attention What what do you want to what do you want to say about it michael? So so I was going to ask him that I was going to say so this letter did get addressed in the applicants. Um Initial talk tonight and went point by point through it Um, and then after that I opened it up to you know questions to the board on the applicants presentation Of course now at this point if if you want to bring out a comment a specific comment or recommendation or suggestion Feel free to do that now. I are you suggesting we should refer this to town legal counsel for advice? Yeah, I think I am. Um Again, I'm not the attorney on this group that we had two others who are Uh, and it's it seems to me that uh, mr. Sparkle Uh answered the letter in in you know, kind of not as as as he was being as if he were being attacked which in in part Uh, this letter is uh, but this letter is more than that. It seems to me Um, and it's not just about mr. Sparkle's uh response. It's about Uh, a whole bunch of other things which are in fact news to me and perhaps Uh, are none of our business as a planning board. That's possible But I don't know that and and I would like some good information a good opinion Uh, other than mr. Sparkle's rebuttal About the uh points brought up in the letter. That's all So I guess at this point Michael you could ask specific You know, so like we said some of these issues have been talked about or whatever And maybe we feel okay with and others you feel uncomfortable if you could bring them up right now and ask Chris best or specifically for areas of the letter that we want um Guidance or interpretation on or are you saying you just want to send the whole letter to legal counsel For the end like well christine. I got I got this letter a half an hour before the meeting And I haven't really had a chance to read it except to be to read it quickly and be inflamed by it And I can't at this point Tell you what I specifically am concerned about. Okay. No, I hear you. Okay But I am concerned about it and I think it needs to be answered now And that's what I meant brought why I'm bringing it up now It had nothing to do with bucky's response to it. It has to do with the letter itself And what should we do as a board should be ignored? Is it none of our business or should we investigate it in some way? Okay, um, and maybe some other board members have some opinion on that we I totally hear you I think we all hear you michael So I'm just trying to find what it is your expectation and what will make you feel better Um, and so I'm looking to chris bestrop as our connection to the town and what she's comfortable with I really look at the director planning at the first level And then I'll give my personal feeling later, but I'm going to move to the other members See if they have any feelings or concerns on this Uh, jack, uh, first I'm going to go with chris. You're in the dark by the way chris I'm sorry. See you. Um, I'm going to call on chris because I see her hand first then I see jack and dug and then david So I wanted to suggest I could write a memo in response to this letter and First of all, I want to say that I think the lawsuits that are swirling around this project Have nothing to do with the planning board and the planning board should Let those lawsuits proceed as they will Um, you don't usually Focus on lawsuits you focus on the job at hand, which is to decide whether this project should be approved based on the Standards and criteria that are in the zoning bylaws. So I think as far as the lawsuits go It's really not something to be concerned about but I can send this letter to Town council and ask if any of those things are things that you need to be concerned about The other topics I think I can answer in a memo and if I don't answer them satisfactorily You can let me know and I can find out more. Is that um reasonable Um, I'll ask my he can it raise his hand again if he wants to ask I'm gonna move to thank you for that chris to jack and then dog and then david um jack Yeah, I feel like um Is I don't know if attorney mass and gill is is present, but I feel like we Discussed most of The points that he brought up, but I am very concerned about Comments from third parties coming in the day before or the day of when We've had a meeting two weeks ago and I just I I feel like that's I don't know that that's fair to the developer and uh You know, I'm just concerned about we've seen this before and I'm just concerned about When things come in the 11th hour and okay You know, we feel compelled to uh prolong the hearing Because it came so late and I don't understand that I really don't understand that so That's all I had to say I agree both you and michael have made that point, you know, we It's hard when you get it just a couple hours before the meeting especially when it's something you have to put some thought to um dug and then david Yeah In response to michael's concerns I'm certainly not it'll not an attorney, but I Find very little in this letter that has any substance at all that we should deal with I don't think the Lawsuits are an immediate concern of ours. Uh, we should be looking at the plans As submitted the documents um The most substantive thing in here is the fact that The town engineer sent an email rather than a letter in my opinion Uh, so I don't regard I don't think we should waste any more time on this and I don't even think we should send it to legal counsel Because I don't think there's anything in here. Thank you Thanks, Doug um david And then michael and janet. So david. Yeah, thank thank you. Uh, I agree with What does carlin genoff? I see michael. I see this is a piece of advocacy And that that's what a lot of the players in the field are and it's a piece of advocacy Um, and I think I agree with you and that inflammatory seems like a good characterization for much of it. I did learn other things from the letter, but maybe but You know, how much does the letter bear on the matter at hand? I don't think that much. I agree with Doug there Um, you know, we're going to be dealing with setbacks the storm water management and the parking we've discussed these things um You know in terms of the best use of town resources chris Restaurant, I don't think that it warrants writing a memo. I agree. I don't think it you know, it's best use of resources to set to refer to the the town council at this moment, but um, It's just a piece of advocacy. Thank you very much. Thank you Um, michael. I'm actually going to call on janet first just so she can say her piece and then um, since You know, you can then follow up on for the second round janet So, um, I I have spent about two or three hours on the section 6.6 issue looking at the bylaw and some case law and um The state statute um, and then I did ask to see um, mr. Moore's letter during the hearing Maybe no one heard that and so I do think the special permit is a is a wiser way to go To deal with the issue of setbacks. Um, I had a question just reading um The letter, you know, I think I must be just immune to inflammatory rhetoric at this point Just being an attorney or a mediator or just a parent of two former teenagers but I um, I did I did one of the things I wrote down When I was reading through the letter was I was kind of lost about who was suing who over what and so That may just be interesting and not affect us. So I just kind of got wondered like who's suing who over what But I did wonder about what what is the effect on what we do and so Um, is there a way these lawsuits can affect our decision? And I think, you know, if the the board chooses to issue the special permit and the permit for site plan review Um, and then, you know, maybe the lawsuits result in a different way that kind of Undoes our work. I mean that that may would not be tragic. It would be you know, maybe wasted time But I just I had a question my mind is will these lawsuits affect what we're doing My feeling right now is not really we'll probably go ahead and make a decision in august And then the fates will take it from there kind of thing. So that's it Thank you, michael Thank you for indulging me. I'm perfectly satisfied by the board's Attitudes relative to this question And I think I agree that it would be a total waste of miss presser's time to write a memo Outlining her response to the letter I My primary concern Was the fact that it came in at five o'clock this afternoon Echoing what jack was saying that we really shouldn't somehow We shouldn't simply either not pay attention to these things that come in at the last minute Particularly since this project has been ongoing for a number of months And that we should just ignore it and under the circumstances. I think that's probably what we should do All right, thank you I'm seeing no more hands at this point Uh, oh, I see an actual hand Me I don't think we've ignored it. We've discussed it We've considered it. We've weighed it. We haven't ignored it But I don't think it what requires much more and it seems like there's consensus on that too. That's my only point. Thank you Michael, I just saw your hand come up again I have to say that we uh Should ignore ignored it, but as as david's points out, we certainly didn't ignore it But perhaps that we should In the future That's all Um, thank you. So at this time, I'm just going to check in with mr. Sparkle and amherst media And is there anything else they'd want to say because I think at this point we're close to Member could make a motion to continue this to the fifth Um, I see flug Move to continue to august 5th Is there a second back in second, right? Okay. Um any discussion on that christis? Is there anything you want to add or we'll just Why don't we say 6 35? Okay, sounds good to me 6 35 on the and is that um work for you mr. Sparkle Uh, almost certainly the whole summer has been cancelled Yeah, I know the feeling Okay, so august 5th at 6 35. We will reconvene and we'll also be opening a public hearing for a special permit So thank you everyone and attendees and applicants for coming Christina, are you going to um take a roll call vote? Right. I just wanted to if I see no more hands. So at this point, I'm going to end discussion and we'll take a roll call I have to get my Um, so we have a motion Michael Burt whistle. Yes Brian chow Yes, jack gemstick Yes, david levin steen. Yes. I have marshal All right Janet mcgowan Yes And uh christingram mollin. Yes. So seven zero zero And so we'll see everybody on wednesday august 5th, which I can't even believe it's going to be august Um, so at this point, uh, mr. Sparkle, we can probably unshare his great Um I'm gonna call on uh item four old business Do we have anything and it is nothing on the agenda but No old business as far as I know. No, okay, great. Um new business item five A is apple brook cluster subdivision sub 2007-0 00006 currently known as heartwell farm cluster subdivision request to Substitute lot two currently released for lot four currently under covenant contract So I do believe I saw mr. Reedy earlier. Did we move him over pam? Oh, yes I just did and I also um Well, I have some some slides for that one. We're ready. He may want to just I can I just say one thing. Yeah, I was just going to say chris. Do you want to open? So I just wanted to note that this did come before the planning board meeting as a Topic not anticipated. It was sort of a last minute topic that was added to the july 1st meeting There were a lot of questions about it which have been forwarded to mr. Reedy And uh, he asked to come back for tonight's meeting So we did put it on the agenda as new business because it wasn't on the agenda on the on july 1st Thank you Okay, so I will call on I think mr. Reedy are you there? Oh, there you are Oh, you're a little um Quiet like in a can Good that better. Yeah. Yeah, we can welcome Thanks for having me. Good evening Uh, good to see everyone for the record tom reedy attorney with bacon wilson and amherst here on behalf of apple brook west uh, vista terrace um seeking to effectively change out um, the covenanted lot From lot 4 to lot 2 This is a property 1194 west street was the cluster subdivision that the planning board approved I am not going to go through all of the history That dates back to I think 2007 Um, I will just give you an update So within the subdivision lots 3 and lots 8 are completed and sold Uh, lot 4 is very near complete and we expect to close by the end of july hence this request Uh to change the covenanted lot from lot 4 to lot 2 Let's 5 and 6 are in construction with signed purchasing sales And both to be finished and sold by the end of the year And lot 7 hasn't accepted offer and they're in the process of providing minor design modifications. So the only one That hasn't had a purchase and sale on it is locked too um And so a couple of the questions and maybe I'll just go through them There were nine questions that Ms. Brestra sent over to me one Why was lot 4 chosen to be held? Why other lots were requested to be released? And there was really no reason it was just kind of picked out of a hat and the developer thought This lots as good as any Why was not lot 2 not held instead and again the same thing he didn't know what the market was going to do and just Lot 4 was the lot that he chose Uh, how does the value of lot 4 compare with the value of lot 2? He would think it's probably 5 to 10 thousand dollar difference in the final base price of the house and the lot And I would think that would be my opinion lot 2 would probably be that much less than lot 4 The the value of these lots are probably 150 thousand dollars. I think if you look at the registry Um Lot let me look at it Lot 3 Which is adjacent to lot 4 with the with the completed house on its sole for five hundred and sixty nine thousand dollars so that's the That's the value of what we're talking about and and the lot itself. I think they attribute about 150 thousand dollars to it um Both lots appear to have drainage easements on them How do these drainage easements affect the buildability of the lots the drainage easements in lot 2 appear to be more problematic than the drainage easement in lot 4 and the responses If you look at the extent of the drainage easements, I think there's actually There's two drainage easements on lot 4. There's one on the Easterly side and westerly side You know what mr. Reedy can we share screen come someone pop up the site map for this We can interrupt. I just it will help like as you describe a visual makes it so much easier sure And we don't have it in our packet so I think it came to you on july it's in my packet Yeah, it was in your packet christine A map Yeah attached to the letter Perfect Oh this one. Oh, yeah Also, I like it for the public because they don't know sure, you know, yeah So just back to the easement. So we're looking at four and you're saying there's two there and Yeah, Pam, I don't know if you can blow that up at all. Um, I'm gonna put it on um slide show Okay, which helps How's that? Perfect. Perfect. Okay. So lot four is at the top of your screen the top left right there And so you see the building circle at the top of the building circle Is one of the drainage easements and then if you go to the bottom right of the building circle There's a little Right there is another drainage easement and then there's also A common driveway for lots three and four share a common driveway Lot four is burdened partially by that common driveway as is lot three burden And I only raised that because then Pam to the If you see lot two There you are perfect so on the So you have the building circle. Yeah, you go. So that's the drainage easement is right there Um, and then there is no common driveway easement burdening lot two it is benefited by a common driveway Or a driveway easement rather on lot one So, you know, I think Looking at it personally, I think lot four is probably more desirable than than lot two But I don't think that the drainage easement is going to have a material impact Especially, you know, we have lot lot four is going to sell and it's going to sell for more than lot three So I think it's like six hundred thousand dollars And lot three was five sixty nine So I would expect lot two certainly to sell At some point which probably goes to the next step is what is the cost to complete the roadway and based on our Count it's about 35 thousand dollars and so with lot two Assuming 150 thousand dollars. There's sufficient collateral there. I don't know if Chris had shared With the board what was left to be done um, but I think jason took a look at it and it didn't seem like he was Um nervous with what had had to be done um I think I talked about the number of houses sold and then Why can't the planning board choose which slot should be held? You can but the only problem is that you're Putting the developer in a tough place because he has contracts on all of the other ones And so given the minimal nature of what needs to be done to complete the subdivision You know having lot two and then I think, um, mr. Levinstein had suggested thinking about bonding Um, you know some sort of cash surety or something else besides covenant thing, which is on the table The original request was Aren't we far along enough just to eliminate any of the covenants related to the subdivision? and then We didn't get a response from Jason scales or how much it was going to cost. So we thought well instead of just giving no Collateral why don't we switch it from lot four to lot two? So we thought at least for this time being lot two would serve as sufficient collateral And then we'll explore if we can you know Provide you with evidence of how much we think it's going to cost have jason corroborate that and then think about Maybe just getting a bond for that amount Because lot two at some point is going to be sold And I don't think the top code and all those other things are going to go on until Lot two is completed because otherwise you're bringing heavy a click. I mean you've heard this before so you're bringing heavy equipment across um The roadway that's just had a top coat put on Which isn't the best thing for the top coat. So we thought that this was a good solution protects the town And then we'll we'll start to look into some sort of Bond Because I think that's probably the best thing to do I see too. Um I'll open it up to Board questions. I see janet then jack then david janet So I I went out and looked at the lots today. Um, because I was somewhat confused I I kind of thought lot four was going to be an empty lot, but it has a building on it. And so Um, it seemed and when I looked at lot two, it was very steep Um, which you sort of can see where the lines and if I was going to pick between lot two which has is empty And lot seven which is also empty. I would have picked lot seven just because it's flat and big Um, and so I began to worry. Oh, maybe lot two is the most undesirable one And in fact, it's the last one that has no offer on it. And so that got me a little bit worried Um, I was what my question that was my statement. My question is When when in fact would the developer finish the road? Are they going to will he be waiting until lot two is sold or If all the other houses are in but lot two is still unsolved Would they just complete the road because I'm trying I'm thinking about the amherst hill's problem Sure that I'm And I'm just wondering Are you is it going to be waiting until that last one is sold and what happens if it doesn't get sold for a while? I mean, that's frankly part of the reason why the town has The the collateral of lot two Is that it's to ensure performance. I mean, that's what we're doing is we're giving the town essentially We're giving the town a mortgage to say we will complete it and if we don't complete it You have this collateral to make sure that it's it's completed You know, it's not we don't just give it to you because we we like it. It's it's to ensure performance I would suspect that in an ideal world it would be completed After lot two is completed Because then you don't have to bring the foundation trucks the excavators all of the the Earth-moving equipment um And any of the other dump trucks, etc And to that space, maybe he looks and I was going to say maybe he looks to complete past lot two But I think there's a lot of economies and just doing one top coat and not trying to patch it at any place So I mean, I think to answer your question. He would look to do it after lot two And if if There's going to be an issue. I think we just have to have a conversation with the town And and maybe put some outside date on it Are you done Janet? Yeah, okay. Um jack and then david Yeah, I was just I was curious about um in terms of what's going on with the town and No interest in these lots And it looks like it's the building happened pretty rapidly which is It's just a good thing and but I'm wondering about the demand and What the timeline might be In terms of the completion of the subdivision From you know The demand that you that you've seen from from the the side owner Sure. Thank you I would I would think that By the end of next calendar year it will be completed. I think he'll have See three and eight are gone four should be conveyed this month five and six should be done by the end of this year um That leads seven and two for next year and I think Paul's plan and russia's plan was to have them two per year and then to end it at 2021 um at the end of next year to have them all Sold off I just clarified so is seven sold or not sold Seven is there's an accepted offer and they're just working through because it's built a suit So they're working through like just final design modifications because if you if you go down there and janis can probably A test is They look somewhat similar to each other and so typically what will happen is that they'll say we want this With some modifications to it. So that's why so lot seven everything else is under agreement save for lot two That's what I thought part of this. I don't know that they've marketed lot Two that much jackie zusko who some of you may know Has been doing the marketing for it. I think it's uh a net zero community I may be speaking a little bit out of line, but I know that there's a solar component to all of these Houses in the subdivision there will be solar they're working. I forget the company that they're working with But there will be solar on the roof of all these houses I don't think they're net zero I think I've just got some green elements, but anyways, um, so I'm gonna put janet jack. Are you done? Yeah, yes. Thank you david and then dug Thank you I think, you know, we're looking out for the interests of the town for the completion of safe roads in the cluster subdivision I think is What I believe is the matter at hand and that that there's um a sale that's going to go to occur Um on a on a restricted property If we're gonna we want we want security the collateral for the completion of the road And it seemed like mr. Edie. It seemed like you also were suggesting that Further down the road you might you would consider switching it to a bomb. It's like what why not do that now when the Sale is concentrated that just seems to me to be removing that an unnecessary Kicking the can down the road of switching it to lot two waiting for lot two to sell Or in the interim Switching the the the restriction to A bond it seems why not just let's establish the bond now And then and then then then there's no There's less uncertainty from the town's point of view. It seems to me about securing performance to complete the road So So I guess my response would be Why not allow some of those funds to be used for the actual completion of the work Instead of just putting it into a bond For the work to be done and then he's essentially paying twice um And so by switching from lot four to lot two it allows the sale to happen And then the cash is freed up for him to to continue to build Um because I'm sure he's taking some of the money from lot four to Pay the contractors from lot four and then also to finish the buildings, right? It's just it's moving that money around and then that would also free up money um To be able to do the work on the roadway So that or you know the sidewalk um Instead of like I'm saying paying twice And just saying we're going to take this money put into escrow And then we have to come up with an additional amount of money To actually do the work to prove to you that we're doing it. So the the solution to us was There's enough value in lot two Um, let's use that and then let me have the conversation with paul to say You know in jason skeels and then maybe we come back to you and say here's our timeline You know to give you just a definitive timeline of this is what's going to happen, you know, we anticipate You know finishing at this date and if it doesn't here's the the backup plan just so because I know with the embers hills one of the things that you were looking for and the representation I think was made not to Cross too much here, but that there was going to be some work done. I think this summer And I think just for you going forward to get some timeline and some okay If there's a deadline and you don't meet this deadline Something else has to happen And I think what I'd be representing to you is if you allow the covenant to be switched to lot two Let me talk to paul come up with a plan talk to jason skeels come up with a plan And I'll be back to you and pick a number 30 days or 45 days something like that to say here is our plan Uh here is what we're going to do and all the meanwhile you have lot two I mean lot two is a building lot in amherst. I think we've all seen Building lots and amherst cheapest I've seen and it was priced to sell on west street So 116 right across I think from mill lane. There was a lot there sold for 85 thousand dollars And so there's a house on it now. I think I could remember who did it, but I'm not going to um So that's what you're talking about for a housing lot in amherst and so this Especially if it is 35 thousand dollars, which there is nothing in jason's email that was overly concerning to me I think for you to take this as the collateral let me do a little bit more work on my end and come back to you and say Here is the timeline You know, I think you're protected and For whatever it's worth, you know I'm working with the developer here. So hopefully that means something to you that that I will make sure that we are back and we are Doing what we said we were going to do We're hearing your proposal. Mr. Reedy So i'm just going to let all the members have their comments And then we can get back to what you're putting on the table. Do you have anything else david? Thank you. Um, so i'm going to move and call on dug and then there's michael Doug yeah, I wanted first to just say Isn't this a problem that happens over and over? like in every subdivision or is the Creation of collateral is that just a new thing and we don't know how to deal with this I would think it would happen every time We don't have many subdivisions in amherst lately Okay, good point. So the second thing I wanted to do was to ask tom You made some reference to the marketing of various lots And that maybe lot two would be marketed next year Does that mean that lot four has been actively marketed this year? So in a sense, you've created this problem I don't know that it was specifically Withheld from the market. I don't know that lot two was said. Let's not market it Or lot four. Let's push it. I I think The genesis of this was Jackie would bring folks to the site and they would say I want this lot And I think that my point was I don't know that there has been any sort of uh, marketing blitz full-core press whatever term that you want for a lot two specifically I don't know that it's happened on the other lots. They might have just naturally Sold because people go back and they say wow a lot four if it's me lot four a lot five are probably my most desirable lots You're going to get the least amount of traffic You're going to have some connectivity to uh, there's a path. There's like a trailhead right at the end of that dead end Um So I think it just might have been the the organic way that these things sold So I don't want to make it seem like They've uh exalted one lot over the other. I think it's just natural selection to a certain extent Okay, thank you. So the the third thing I was going to say is I I do think it would be wise for us to uh Incorporate a timeline on this in case the You know, if we go forward with lot two I don't want to have You know the sub the sub course deteriorating And suddenly a 35 000 top coat becomes rebuilding the entire road So I'd like to see some sort of deadline incorporated if we go forward with this Thank you I just want to ask a follow-up on his on dugs part two so If Lot four was what was being held as security How does it get to the point that's actually a house built on it right now? It's a it's a great question Is it really? And I got an email. I mean when did I email chris? Maybe three weeks ago saying Hey, um We have this sale coming up at the end of july. There is a covenant on it. What can we do? Oops Yeah. Yeah. Oh, yeah. So I said oh, okay. Well Here's what we'll do. Um, so yeah, I mean ideally. No, this isn't this isn't how it happens you You have these things lined up well before you get to this point I mean fortunately we We do have a lot too available instead of them all being spoken for and then I think You know, they were just shifting things around or coming up with an alternative solution. But yeah, it's it's not ideal that we're here Okay, um, thank you. Uh, michael Yeah, two points. I think I drove I drove through through there this afternoon as well And it seems pretty Undeniable that lot two is significantly less attractive than lot four with or without a structure on it and that any structure on lot two is going to be, um Although in the same style as the other homes presumably, uh, We'll be placed in such a way to be a disadvantage visually and and it won't be as attractive a lot But the real question I have and then that that goes back to the notion of how did we get here in the first place and the oops question um My other other concern is that we should not forget that in the process of Setting aside funds to finish the road, whether it's by bonding them or by covenanting them We need to remember that the developer promised to build a parking lot and an access road to the parking lot to connect with the trail head Uh, and is that presumed I would presume that would come under the same kind of covenant Is that true or if not why not? That's a good question. I don't um I don't know the answer to that he he did promise to do it. Uh, he's going to do it. We've had discussions with Dave zomek part of the Thinking is do you want the public accessing because I think you'll hopefully all remember where that entrance was it's it's between the The pole of lot seven and where it says space on the open space um on the right side of the plan and and so part of the thinking was not to Make an attractive nuisance not to invite the public to a construction zone plus ultimately that land that open space Is going to be conveyed to the town of amherst It's used for stockpiling of material right now. We've talked to town council with the co unsel and We've talked about licensing and just timing of all of that Um besides a covenant. I know what you did in amherst hills was certificate of occupancy I think it's probably best for it to be covenanted for here Um, I don't know if miss breast strip has any other Thoughts on it, but I think that'd be fine. So when jason looks at it not only is it top coat and sidewalk But probably also parking lot and and whatever I think that some sort of shack he was going to do And the access road to the access. Thank you in that area Thank you. Um, so before I go second round, um For I just wanted to say something then I'll call on chris bester so, um Normally and we've learned this with amherst hills that it isn't that it gets finished It gets close to finished like 90 percent. It's one last house getting built is not going to destroy your road It's not but if you had and this is a very small subdivision. Let's put it in perspective I mean compared to like amherst hills when you have dozens more homes that would be a lot more construction So we're actually getting to the point if there's only one lot you're at 90 percent We are ready and maybe we do have to wait for jason scales We're actually ready for that list of what has to get done and what would it take For the town then to accept the road is really what we're talking about. We're actually that close To to that and just um, now I know why I didn't like this drawing Not that I don't like this drawing, but this shows one perspective But it doesn't show the houses that are built or the foundations on it Which give you a deeper perspective So if I could see what where the house is and how big it is in that building circle of lot four Which it is by far a more desirable building circle than lot two that has it drive up Past the median of the circle So you're a lot more limited in where you're going to be able to um build your house on that So that's why I wanted another drawing Which if you come back that might be helpful to see the building circles And what's actually built there to give some perspective. So, you know, I know chris and I have had a couple of Back and forth like had we heard anything from jason scales? I think we're at that point where we need that checklist and that estimate And it does have to be looked at because maybe It's just yeah, like you sort of are proposing tom. We need dates or whatever like let's make the plan now Let's start figuring out when this is all going to get finished out So, um, I'm going to call on chris bestrup and then if there's more questions, I'll start with janet um for additional chris So I just wanted to say that I did speak with dave zomek and he uh did say that um the developer would be building that Driveway and parking lot into the open space lot, which unfortunately the driveway and parking lot doesn't show on this plan But I can get you a plan for the next time and the everything is that um, I've reached out to jason and he's working on the Cost estimate, but he didn't have it ready for today. So We'll have it soon Excellent. So a little bit more dialogue. Um, and we'll have more information. So, um, thank you chris I'll call on janet mcgown. If there's any other last questions or information you want to ask for when this comes back So I um and I also had the question of how the house wind up on the lot And you know, I think it's probably best to avoid the oops and kind of a last minute scarring around I do want to speak in praise of having um a bonds because I I had a 300 000 bond that I used to pay a thousand dollars a year On in new york state for for another matter and so it's if if You needed a 50 000 or 100 000 bond to cover the road and maybe the parking lot I don't think it would cost the developer very much I hope he's not in a financial situation or an extra thousand dollars a year Or so we'd put him on the edge and so Presumably, you know, so I I think that the bond like when david was suggesting that they made sense to me. It's so much faster It's clean. It's not that expensive And it's ready cash And so, you know, the town could call it when I needed it and that go through kind of a complicated thing And so that might to me that looks like the easiest way. I think it's very inexpensive I may be wrong that a 50 000 bond is very expensive in massachusetts compared to new york Um, but I just I just think that's maybe a cleaner and faster option Maybe going forward in this process for the next subdivision So why do you only want a 50 000? So the top cut was only going to be 35 000 Is that right? Is yeah, that was so what the developer expected for the For everything else to finish the roadway Or the infrastructure they thought 35 000 was It was like a 50 or 100. I'm just picking that number out to be bigger. That seems so low It can be 15 000 to do a driveway But I mean that's the whole driveway but yeah, I mean I Wow, yeah So anyways the jason skills will also be getting what he thinks because it could be other Things they want done to accept the road as a public road. So We'll hear from him Chris that's true So one thing is they're never going to accept this road as a public road because it doesn't meet public road requirements It's not right and it doesn't have some other aspects of it that we would want in a public road So that's not what jason's looking at what he's looking at is whether it's sufficient to provide To the homes that are going to be along it So that's one thing It was another thing I wanted to say and just completely slipped my mind. So anyway, maybe I'll get back to it That's a great concept for us to know though that this will never be expected to become a public road Even with that trailhead and everything on there. So this is separate than amherst hills That's all about they want their road to be accepted by the town Yeah I remembered the other thing I wanted to say last night I attended a class given by cptc And it was all about a and r's and subdivision control law And the fellow who gave the class said that if you are accepting a bond or escrow You should accept at least twice as much as you think The work is going to be because you never know when the work will get done And that's something that we found out about amherst hills That subdivision that was started in the 1990s still isn't done, you know, 30 years later. So work has And and we got a cost estimate to do this work in 2013 or something in amherst hills and now Presumably the cost has gone up. But anyway, that's a side We did get I did get this clear recommendation from the fellow who gave the class last night that If you're going to accept a bond or escrow amount It's worth thinking about going for twice as much as you think the work is going to be worth So we're still just holding that lot for or what would be switched a lot to How does that work? Like let's say the road isn't getting finished. It's four or five years from now Like how does this actually legally work? Well, the way it works is that the developer is supposed to have the incentive to market the lot and sell the lot And if he doesn't then somebody else would come in And purchase the lot and then not be able to build on it until the roadway is finished So some way one way or another either the developer who currently has the property or A new developer who would come in just to develop that lot would have an incentive to finish the road And I wanted to go back to lot four and why it has a house on it And I think it's a lack of communication and somehow um It never got the information never got to the building commissioner that that lot was being held in As part of the covenant And whoever is going to purchase the lot will see that there's a Certificate of performance on file at the registry that holds that lot So that lot really shouldn't be built on and How it happened? I don't know but apparently there's a lack of communication So, um What can I say it's it's one of those things and we have to deal with it now Thanks press. Um, I recognize david and then I see jack Thank you It's an unfortunate situation um And you know, it's not I would I do would not it's I would would not want to frustrate the sale Of the property However There are a number of concerns And that even though in the story you we can come back with a time frame once In 30 or 45 days for the completion of the road and you know, whatever milestones I'm not quite sure What's how that's enforceable once the restriction is removed from law floor and it's sold and put on till out too There's just there's I think there are a lot of concerns that have been That are legitimate that were created by the sale and then the 11th hour to the request to switch the restricted laws and so, you know, I'm That's why I thought the bond was a creative solution to or some solution at least not so creative likely to to to make it work both ways and I would I would really like to see what would another um a potential solution um So that the sale is not frustrated or unduly postponed, but I can't think of one so I'd welcome More creative minds. Thank you Thanks. I see jack Yes, um, I'm just following up with uh, first breast strips comments Trying to Edify myself with regard to public road status and and why this one versus say embers hills um You know Isn't a public road Well, this developer if you don't mind my just um, but but again This developer made it clear from the beginning that he didn't want to build a road to the town standards that he Told the planning board back in 2007 that his intention wasn't to have this road be taken over by the town And therefore the town allowed him to build a road that I believe is only 16 feet wide which works for The eight houses that are being built here, but it's really not Built to the town standards. So the town planning board told him at the time Well, you know, you're not building the road to the town standards and therefore the town will not be accepting this road and he said I agree with that so um, it's it's narrower in terms of its Right of way cross section and it's different in other ways as well I don't know if we required it to have trees on every lot. Anyway, it's just not it doesn't meet the subdivision requirements So at that time the developer and the town reached an agreement that this road would not be accepted by the town as a town way Whereas embers hills was a different condition embers hills roadways Uh purported to be built to town standards. They're of the proper width. They have the proper materials and The proper right of way, etc. It just didn't get finished But that road once it is finished will be built to town standards Does that explain it? Thank you cross Just want to add on does this um road it will it be snow cloud by the town? No They'll do their own private Yep Okay, interesting. Um, michael I want to support jacks and david's notion that a bond is probably and christy and uh, Sorry um, janet's uh suggestion that a bond may be the best way to go on this, uh We had a we had a miscommunication relative to the at well I miss that's probably the best way to characterize it a Miscommunication relative to the notion of building a house on lot four prior to releasing a lot There's no real reason To uh, it seems to me to expect Or not expect a similar miscommunication concerning the building of lot four a lot too So burned once okay burned twice. I don't think so So I don't think the notion of a new switching the covenant From four to two is a good idea. I think a good idea is establishing a bonding the appropriate bonding number right now and releasing lot four in exchange for The right kind of bond and I don't I don't know enough about what that right kind of bond Would be to go much much past that but I think that's the direction we should be moving in Thank you. All right. So mr. Reedy you've heard from the board There's been a lot of suggestions and requested information When do you think you would want to or be able to come back to us for this? So I guess what I will ask is I've got a closing scheduled for july 31st I I don't know that Lot two has zero value, which is kind of how everybody's talking about it. Um As I understand it, I think we're going to be Finishing so what needs to be done is the asphalt burn the top coat and the sidewalks Um water sewer drainage are all done binder coat of asphalt has also been installed Per Jason's skills the street lights I know there was one or two or something. I don't know the answer to that It wasn't on his list and I I I don't know the answer to that um I believe the paving was going to is going to be done this fall because lot five will be done at that point And so that was the biggest concern is traipsing all the way down to the end and so I mean what I'd like to request or suggest is to release lot four put The covenant on lot two Um put a building permit moratorium on lot two like you did for amherst hill so that this Doesn't happen again where a lot like it happened with lot four and there was a building on it. So then you've protected yourself Or you've protected the the neighborhood um Of this happening again You keep lot two and then I come back in I mean you pick the date with information both on What bonding would look like or a definitive timeline or both? to say So and even a springing condition where I come back and say Let's keep it on lot two. Let us use our money because uh with all due respect to to jan and I don't know that I think it depends what you're looking to bond for um And so I don't think it's just a strict cash dollar amount and say 50 000 cost 1000 It's probably well 50 000 dollars for what? So it if lot two is covenanted I come back and I say We will have this done here is the list of what needs to be done We will have this done by this date and if it's not Then here are the consequences and whether it's um In that it's probably switching it over to a bond because what I'm trying to do is a lot of sale of lot four to go through um Get a realistic timeline To that we're going to be doing this and then to use the money to actually do it instead of bonding to do it Because then like I said to david it's instead of 35 000 at 70 000 dollars assuming that the bond company may want a dollar for dollar amount instead of just like What you'd expect the bond to be so that would be My request and I can come back at the I know I guess Fifth I think is the date you were talking about you only have one other thing on the agenda depending upon what happens with the 40 r But I could be back then with this information And you'd put off your closing for A couple weeks or something Well under my request i'm asking you to switch to lot two So that my closing goes as scheduled you're going there I'm I'm going I'm going there. All right. I'm gonna call on maria Gosh, that's so convoluted. Uh, I guess I didn't follow the point about why um I know you want to sell lot four, but then upon the sale of lot four you would have Developer would have money to do the work. So instead of saying, you know, well, why not save the money and not put it into a bond So we can do the work you'll have had extra Cash, I guess to to do the work. So it seems like it's in our best interest To still request the bond as well as put a time frame. I think I forget who mentioned it But so that we you know, it doesn't go on and on and then the bond the estimate attached to the bond It goes out of date. So I guess I don't understand the logic about why we can't have the bond When you say, you know We'd rather put the money to the doing the actual work Because I don't know Frankly, I don't know how much a bond for this work is going to actually cost Steals is working on that correct. I think someone mentioned so yeah, but he's working on the estimate I don't know that he's working on a bond amount So if if it's a 35 let's say it's $40,000 to do this Yeah, and let's say we do a bonding company and they say, okay, give us $40,000 Right, it's it's the same as like a cash surety. I just don't know what that's going to cost if it costs $5,000 Totally different story But if it's gonna cost the same amount that it would to actually do the work Then why am I even putting it into a bond and why am I not just doing the work? So if you require us to bond Then I'm double paying versus just paying directly from the proceeds And so kind of my placeholder is I'm gonna hold on to and I'll be back that I mean that's essentially what I'm saying This is the placeholder. It has value. You'll be made whole Take this allow me to sell a lot for and then I'll be back. I feel like a developer right now, but that's that's That's what I'm at. That's what aren't you a little bit aren't you represent? Yeah, I guess so I mean With the lawyer's hand The money that we're talking about the bond is so much lower You earlier said that the lot sell for 150 and that lot free with the house on it sold like 560 There's a house on board. There's a lot of money transpiring in this It just seems like less money to deal with a bond than to even hold a lot that's 150,000 And it may be and it what I'm saying is it may so after this Assuming that you release a lot for we go to a lot too. I'm gonna say okay, paul You got to take this money and just finish the roadway because I'm not gonna go through this again And Then we're not worried about a bond. I tell you the timeline, but you have a lot too Just to make sure that you have something. I mean if you want to release all of them, I'll take that I mean I've got no problem there But I to me this seems fair because then at least you have something and yeah, everybody's looking saying it's not as desirable But like I said, even if it's half of what we're if you sell over $75,000, you're still covering Everything that's there if I was asking for if there was $150,000 worth of work and I'm saying leave one That's something different. I mean frankly you Release you being the board released all the other lots Except one of them for all the work to be done And now I'm saying keep one for this little bit of work and you're saying no, we're not going to do that I mean that to me that's just kind of tough I know what's coming from To tom we're just trying to find out the variables the x the y and the z so that we can figure out the equation It's like pulling teeth there We're trying it like okay if the lot is worth 150 and we're saying lot four right now is worth 560 I'm assuming somewhere around there if I can't sell a lot for them Until you release the covenant. That's my that's so there's no cash You know, we're hearing different numbers on what it's going to cost to finish the work. I mean, I'm hearing 50,000 to just or 40,000 40,000 to finish the work and yet we're tripping over 560 that like I don't If the developer just wants to get this done There just seems like this could have been expedited before like this last minute sam I totally agree. I mean and frankly why I didn't come to the last hearing was because I thought it was Pretty simple switching out one for the other. I mean, it's it was a lot for a lot. They both have value There's minimal work to be done and so Plus it was like 11 something at night when you guys were going to hear it. So I I didn't think Oh, we were still going We called you Where we were what what we've experienced this past year. I'm sorry your other hat that you were wearing is called amherst hills. So I know We don't do a lot of subdivisions here. So this has been a huge learning experience from amherst hills and this Um, and maybe that's some of the fumbling has been some oopsis some balls dropped And now we're sort of trying to come up to speed here on what is the due diligence? How are we supposed to do this right? And A little of this like if you give it sounds like development time if you give me this I'll give you that and we're just not that kind of board right now. We're like we just want to do the right thing So I understand you have a closing on the 31st You know, can you push that closing back or is that like? Impossible because you don't care about closings being delayed. I'm always an optimist, but I don't you know, I don't know What if any penalties will be so I'm just trying to think of what if any penalties will be associated with pushing it back? I don't know if the buyers of this house are Selling their house and looking to you know, and then all of a sudden there's a chain reaction um You know to simplify it what I'll say is you were holding one lot To have all of the work for the subdivision done And now that a great majority so you only had lot four. It's not like we came back and kept asking for release of lots Your certificate of performance released all of the lots except for lot four So that was for everything that needed to be done. You thought that one lot was sufficient And now that we've done all of this work You're saying you're telling me for the rest of this work one lot is not sufficient I mean that's that's what i'm hearing And all i'm trying to say is just switch law for for a lot of good Okay, so i'm i'm going to start calling this a lot of hands up So i'm going to call them and please consider when you're answering also Give some feedback of what you would like the board to do tonight members like I want to hear from you What what is it you're comfortable with so I i'll call on dug and then we have david and janet Okay, so it's so it's taken a little while for it to sink in To my head that this is never going to be a town road so That kind of makes me wonder Do we care? you know Now I realize the people that have bought lots in this subdivision Had the assurance That there was a lot held To finish the road work But if we just say okay, you know We're fine with switching to lot two And for some reason that ends up being inadequate You know We did our best It's not between us and you know, we don't care what happens to this road. I mean it could just never happen Um So, you know, maybe it's it's already getting late enough that i'm starting to give into things but uh You know, I mean I mean so that's that's kind Where I'm at at the moment, but I but I guess I have another scenario that I'm thinking about which is If we obstruct the sale On a lot that the developer has built a house You know, he's sunk a lot of money into that house that he's not going to get until something happens And he may not have the money to go and build the road You know, we may put him in a bind No, I think he put himself in a bind fine You're right Just wanted to clarify. It's not us. Okay, so but I but I just wanted to mention that could be the situation And I don't know that it is part right The developer could be in a cash flow crunch right now. He's counting on the money to come in from lot four and By obstructing that we are exacerbating his problem So, you know, I guess I didn't start out here, but I at the moment I'm feeling like Fine, let's switch to lot two and see how the cards play Mr. Rhee You hear before this board a lot and your credibility will take a hit if you don't come through on this Absolutely. So So that's my comments for the moment Great. Thank you, Doug. Uh, David then Janet Yeah, actually, I think I pretty much echoed Doug's um Doug's thoughts um, I'd be comfortable with at this point switching the Restriction from lot four to lot two Uh, I'd like mr. We'd like I'd like to set a date for mr. Rhee to come back with uh Um some some more answers about on an estimate and time frame for completion and I think now I think that would be adequate for me. I'd be comfortable with that. Thank you Thank you, David Janet and then jack So, um, very quickly to Doug. Yes, we do care because we the subdivision control law has us caring about making sure subdivisions have safe roads I do not want to put anybody in a financial bond and mind and Um, you know mess up the closing My idea maybe to create a can continue a little bit of motivation on the um developers part Is why don't we switch it from lot four to seven? We know seven is got an offer on it. He'll want to build a house on it And if we use lot seven Um, that will make sure that you know, he'll come in with his information and his bond information That bonds and making sort of figure out the schedule on where to go from there. That's just an idea I mean the fallback would be lot two that would be okay with me But you know, we are in these, you know awkward situations, but they're the board It's not the boards making that we're in the situation. And so I think um I mean, I feel the pressure of the deal and the need to go forward but I also feel the pressure of Making sure we're covered and we're making the right decision. So I maybe we'll switch lot four for lot seven We'll figure something out in the next month or so and that gives the developer motivation Since he has a sale going on on lot seven to figure something else out There's an offer on lot seven. It's too late to do that Is it? I think so Yeah, I would say so Okay, or tom is I mean, I think it might um I don't know where it's at technically So I don't know if all of a sudden it's going to be a new encumbrance on the title that's going to throw things out of out of whack But it hasn't No, it is not closed. It is not closed Got built on david and you know, just encounter what jim saying I just find it intriguing To go with that route because my whole fear has always been that route that lot two Is not going to be desirable or it won't sell and then why it just hangs But again, I'm I'm hearing I agree with Doug and them if it's not going to go to be a public road The burden will end up falling on the the people who have bought home I'll spend a lot of money and are having these homes don't to live there Um, I'm going to go to um jack and then michael Yes, um Do we care? Doug's quote I love that and christine I mean, uh, also echoed that I mean They had a subdivision, you know, all subdivisions are speculative, but um, so happens that The potential buyers there saw, you know, a lot four is more Uh, appealing. I'm sure the lot two will be sold But this seems like a a minor decision with regard to development of the lot and You know, the holding of the one lot for the uh for the reasons Where are we holding this line? But anyway, I just feel it's arbitrary, but I'm fine with it I mean, I'm sure a lot two is going to be developed soon enough and uh I just feel like it's a non-issue For me anyway And michael Yeah, I would like to I I care Actually, um, and I would like to support janet's notion that we switch out lot two for lot seven It seems to me that lot seven carries with it a greater potential for in hurrying up the process Then does lot two uh lot two strikes me as being easily the last lot to be built on there, uh and As a kind of sidebar, uh the developer is Building the houses prior to selling the lots. Am I correct tom? Yeah, so he'll have he has them under contract and so each of them are billed to suit So he is building each of these houses specifically for the folks that Are buying them. These aren't spec houses to put another so lot four was contracted for Prior to the building beginning correct Okay, it changed hands. Well, then I think then i'm Clear that we really need to go to lot seven and Covenant on that I mean if that gets it done I I mean I'll be back regardless in whenever you tell me to come back Um, and hopefully we'll get that one released but I I I mean, I think that's fine. It hasn't been conveyed yet. I can just I don't know that I've seen a purchase in sale on that I don't know that our office has done one of those yet So I don't know that we've got to the point of having to let the other side know I think it's going to have to be an encumbrance that is taken care of I think it does give the planning board Um, a bit more leverage to say Hurry up and get this done Um, I think we were going to do it anyway. So that's why I don't I don't have a problem doing it I mean if that if that gets us to yes tonight and it frees up lot four I'm fine with that And but I do want to know that the board is a little bit more of a developer than they might think given this little horse trading that's gone on Well, I don't I don't dispute that at all My concern is simply that the road gets built To the standard to the standards that the residents who who who are going to be living there deserve And that the side road to the parking lot gets built in a sad way that is satisfactory to the town uh, and I think both of those need to be must be can this the uh, the bond the bond or the surety has to has to cover cover both of those, uh, and, uh That's all I have to say and I think we should try to I would suggest maybe I should move that we, um Allow a an exchange of the covenant on lot four for a similar Covenant on lot seven Um And is there more that needs to be said relative to that motion? I think that's all they were asking for It just says we'll have to update the certificate of performance to release Lot four, but then I have provided however that lot two shall be subject So we just have to and miss breaststroke can do it can cross it out and put that or I can give her a new one tomorrow That lot seven shall be subject to the above identified approval with covenant contract So I don't know if you have it in front of you, but that's the only change that needs to be made Okay I moved that Michael has moved and put a motion out there. Is anyone want to second it? Second second Okay, so now we open up to discussion. I see jack's hand Oh, uh, I'm just gonna say like, uh, why like why lot seven? I mean It's not our property is the developer's You know best intuition in terms of What's gonna have you know be best for that development? I would be remiss to You know recommend a different lot than they've come forward to us doesn't make sense so I'm not I'm not on you know on board with switching it. Um, are there any other board members that Feels either way on this motion that is currently on the table. Um I'm gonna skip over you for a moment Michael because you made the motion So I'm gonna David and then chris's got her hand up All right. Thank you. Um Mr. Reddy said That he'd he'd be willing to Uh, except that switch and uh that that so there is There is and then and then come back again to speak to us more specifically. I think that that's Um on the table and I'd be comfortable I'll be comfortable with that to support the motion and to move things forward for everybody Thank you Thanks, and chris. Do you have something to um guide us on? Oh, I didn't don't have anything to guide you on and I just wanted to say that it sounded to me like Mr. Reddy was um Offering this as a solution for tonight's issue that lot seven would be substituted for lot four. It didn't sound like he was being um Well, it it sounded like that's what he was offering right now To me It's so chris. How would this play out? It switches to seven and then eventually They could have the same problem happening like what's happening before they're going to get close to a closing So this is forcing them And then it would come back to the board again to change from seven to two Unless something else comes up like a bond or another solution, but we also will be getting From the town engineer will be getting more information from jason about the work that needs to be done. Yes And I I guess I would Ask to be on an agenda Date certain so that we can keep the town engineer on it and I can tell my client This is the date. This is what I said. I'm going to do so that I'm back before you and I keep my credibility and you and we just get to the point that I think You're trying to get to tonight. I don't have enough information to get you totally there You know and that this is lot seven Hopefully just becomes a placeholder Okay, right a temper this is and it's a more conservative path. That's what I'm seeing I'm gonna recognize Doug and then michael Yeah, I was just going to say if that's the solution that gets us through the tonight. I'd be fine with that Okay, thank you um michael. Yeah, um just one last comment it's Just a drive-through will Reveal that lot seven is a more attractive lot than lot two And therefore is better security Thank you. Um, I'm not seeing any other hands up So we have a motion on the table right now. Um, I assume we're ready to take a vote um I'm still seeing no hands. So, uh, do a roll call um For do we need to say the motion again? It's basically Except um would be substituting lot seven um for lot four In this what it's actually the apple brook cluster subdivision also known as the heart well farm cluster subdivision Um, so michael burt whistles Christine but but the motion's also and that mr. Reedy will return to the plan board on and now we need a date to address The the I think that that's what we're talking about. So is that later in august or is that the fifth? Mr. Reedy, sorry. I mean I would I don't know what the town engineer's schedule is. I mean, that's what I would like to have So if you want to do the second meeting in august, I think my client was looking to pave in the fall Um, because he thought what five would be done by then. So I think the second august meeting might Be the best unless you see something coming on that would be conflicting. Um, but I think that would be the best That would be august 19 Good by me if it's okay by everybody here Chris, is that sound good to you? It's fine. Okay august 19th. All right. So that is also added on that. Um, mr. Reedy will be coming back and we With a plan what is what is he coming back for with a plan for Either the switching out for seven back to two or Something else if that's what is determined to be the best A cost a cost estimate So an identification of what remains to be done a cost estimate of what remains to be done is verified by jason skills A time frame of that to be done and then will in the interim investigate a bond and see if You know depending upon the answers to one and two that may be the solution to get seven out in the bond there Good good, and then that will be kind of firm and all this hopefully will be the last we see of this lovely subdivision Are we clear on the motion? No The motion is to substitute In the original request lot seven for lot two not lots for lot four That no that seven it's instead of Switching out lot four instead of switching it to two will now be seven Yes You know what time is it? Yeah Just we need to make clear what we're doing that's well, you know as long as chris and pam have it down Yep, she's got it. I see it Okay, sorry. Okay. So as long as you all know what you're voting on that's what's really important. So I'll do a roll call Does anyone need to have the motion read to them again? Yeah No, everyone's good. All right, michael burt whistle. Yes Maria chow. Yes Jack gem sick Yes, but I I I'm like cautious about like The developer No, Jack What's that? A field full of sunflowers This is not the cover of speech it's a boat Okay, yes David levinstein. Yes Doug marshal. Yeah Janet McGowan. Hi And christine grimoire and myself I affirmative. So that's um seven zero zero Thank you for your work on this in patience. I appreciate it. Good luck on your closing Thank you Just to let everybody know mr. Reedy is going to come back to me with a revised Certificate of performance and then I will ask you all to come in and sign it and so I'll be Making arrangements to meet you in the parking lot either in front or in back of town hall in the next few days. Okay Thanks Okay, great. Okay. Thank you. Bye. Thank you, mr. Reedy. You're welcome. Have fun. Good night All right, um five new business item b topics Not anticipated 48 hours anything chris. I don't think so You had me nervous there for a second. Okay, um six form a anr subdivision applications none Seven upcoming zba applications Miss field saddler. Are there any upcoming cba applications? I don't think that there's any that we haven't told you about they've been working. Um Really hard on the comprehensive permit for 132 north hampton road That's been their focus Okay, great. Thank you. Um Eight upcoming spps pr subs application Nine planning board committee and liaison reports Um, I do have a couple things to say about the pioneer valley planning commission And then I'll ask jack if he has a report one is that we need to vote tonight to Well, if he's willing No, as we've said jack is now on the executive committee too. So he probably wants to be on both um We have to revote him and uh today chris. I did notice I got an email You probably did too jack um their annual report came out an email So I assume that should go to all planning board members and town council because they said they want to Know what pvpc is doing forward that to me. I didn't see that on my email today I will forward that to you. Okay. So jack to you our pvpc person and then we'll take a vote Do you still want to be on it? No, I I I had uh, I was approached you know, like when um You know a year ago, um Before My mom I'm thinking I'm forgetting his name. Sorry But anyway, I know our brains are starting to go Yeah, so my my brains now starting yeah So anyway, they they they approached me that maybe they would you know, want to have me on the executive committee and and then, you know, it happened and um so I'm uh, you know, I'm I'm with folks that have been With the pioneer valley planning commission for a number of years And then, you know, so there's a little segue here with regard to our tenure as planning board members and what what is What is you know, what is the best? uh Choice for folks to be on planning board in the this arbitrary six year uh limit You know led to the you know, uh dismissal of greg stussman um So it's you know a little bit So there's a larger picture here. But anyway, they they they put me on this executive committee and I'm not going to be No, Amherst is not going to be representative if I'm not going to be on the planning board So, uh, it brings a lot of things up for me I really like the point, you know, piner valley planning commission and their mission, you know, their mission in general for our uh, our Our region and our town um, so I guess I'm saying that I'm excited about being on the executive committee uh You know for the piner valley planning commission um and But again, it kind of dovetails with our term limits that have come up to play with, um Where we seen the dismissal of of some of our long longer standing members, but I think I still believe that Experience counts for a lot. You know on the planning board That's very important I mean, I I see, you know, like Doug Marshall came on But, you know, he you know, he had like the perfect experience he was able, you know from day one to contribute but um A lot of you know, a lot of us that It takes a while to kind of you know, get our feet wet and understand what how planning board works um But anyway, all I'm saying at this point with that said is that yes, I would like to be reappointed as commissioner And represent the town of Amherst Uh and a little bit higher level than we have been in the past Uh as being an executive, uh, you know committee member Well, I nominate jack someone want a second second Any discussion or comments? Is that michael who seconded? Yes. Thank you um If there's no discussion no hands, I'll take a roll call vote. Um, michael burt whistle. Yes Maria chow. Yes Jack gem sick Yes, I know it's the weirdest time Yes Doug Marshall, all right Janet McGowan. Yes finger mullin. Yes. So that's unanimous seven. Congratulations jack keep Thank you Um Are there any other committee or liaison reports and you can just speak out? That's only you know my goaler I don't know. David. Did I have the ag commission met or any now? Okay, and for me Okay, all right. So um report of chair. I just want to say I'm really glad we don't have a july 29th meeting So um that made tonight a little more palatable. Um, and I'll see you on the fifth. Um, and thank you all for working so hard Now item 11 report of staff Well, um, I am said to say That david levinstein. Oh, no, you don't have to be off the board as of the 30th of july and I'm really going to miss david He's been a great addition to the planning board and I've enjoyed working with him. So Um, I'm sorry that he's leaving but I wish him good luck in whatever he does after this Thank you chris. Thank you everybody. I've learned a lot. Thank you very much Thank you david's appreciate you. It was a pleasure working with chris and ham And all others but you guys Do the heavy lifting Thank you david We'll miss you. We'll see you around town We will Not likely during the plague man If um if chris has nothing else I can take a motion for adjournment and it's uh 9 38 Early night for us chris Yes, I believe the week of our second meeting in august is the week i'm on vacation So you're on vacation on the 19th I believe it's that week. Yeah Whether I have wi-fi and I want to give up four hours on a wednesday night. We'll see Yep Conberrini's on the agenda. You might want to come back Oh So chris wanted a movement or a motion to adjourn sure i'll give you that But wait dug are you going to be going to the island so you're not gonna need the virtual background? That's a pretty slick slick trick there though Right in the back. We'll see we'll see what I have as an alternative to my current Real background All right a second someone good Great. All right. I'll in favor to say hi Amherst media. Thank you so much. Thank you David. Thank you everybody. Thank you