we're all set to go the chair notes time is 6:02 p.m. I call this meeting of the am zoning board of appeals to order my name is Steve judge I'm Z as zba chair I want to welcome everyone to this meeting we'll begin with the Roll Call of the zba members and panel for tonight's meeting Steve judge is present Mr Philip White present Miss Hill the green Bal pres and Miss Sarah Marshall here the Quorum is present also attending the public hearing tonight is uh Mr Rob waill planner for the town pursuing chapter 20 of the acts of 21 extended by the chapter 2 the acts of 2023 this meeting will be conducted via remote meetings members of the public who wish to observe the meeting May do so via Zoom or by telephone no in-person intendance of members of the public will be imped but every effort will be made to ensure that the public can adequately access the proceedings in real time via technological means the zoning board of appeals is a quasi judicial body that operates under the authority of chapter 48 of the general laws of the Commonwealth for the purpose of promoting the health safety convenience and general welfare of the inhabitants of the town of amorist in accordance with provisions of Massachusetts General Law chapter 4A and article 10 special permit granting authority of the ammer zoning bylaw this public meeting has been duly advertised and notice thereof has been posted and mailed to parties of Interest all hearings and meetings are open to the public and are recorded by a town staff and may be viewed via the town of Amherst YouTube channel and zba web page the procedure is as follows the petitioner presents the application to the board during the hearing after which the board will ask questions for clarification or for additional information after the board has completed its questions the board will seek public input the public speaks with the permission of the chair if a m M of the public wishes to speak they should so indicate by using the raised hand function on their screen or by pressing star n on their phone the chair with the assistance of the staff will call upon people wishing to speak when you are recognized provide your name and address to the board for the record all questions and comments must be addressed to the board the board will normally hold public hearings where the information about the project and input from the public is gathered followed by public meetings for each the public meeting portion is where the board deliberates and is generally not an opportunity for public comment if the board feels it has enough information and time it will decide upon the applications tonight each petition heard by the board is distinct and evaluated on its own merits and the board is not ruled by precedent statutorily for a special permit the board has 90 days from this close of the hearing to file a decision for variance the board has 100 days from the date of the filing of the variance to file this decision no decision is final until the written decision is signed by the sitting member board members and is filed with the town clerk's office once the decision is filed with the town clerk there's a 20-day annual 20-day appeal period for an agreed party to contest the decision with a relevant judicial body in Superior Court after the after the appeal period the permit must be recorded with the registry of deeds to take effect tonight's agenda public hearing on zba FY 2024-the Oma and Dan wallik request for a special permit under Section 5. 012a of the zoning bylaw for an accessory dwelling unit Adu over 50% of habitable GS uh GSF of the principal structure and to extinguish zba FY 208 2008-09 for converted dwelling with a requested waiver from section 7.2 at 10 page street map 1 11 map 11 C parcel 135 RG General residence zoning District zaa FY 202 24-14 Vivian Addison and Eric and Alan Eric Travis request for a special permit under Section 5.0 1112a of the zoning bylaw for an accessory dwelling unit Adu over 50% of habitable GSF of the principal structure on Wildflower Drive in amoris woods map 2 1D parcel 7 Ro outlying residence zoning district and ARP aquar aquafer recharge protection overlay District zba FY 20245 town of ammer request for a special permit under Section 3231 of the zoning bylaw to construct structures on the flood prone Conservancy districts including Bridges boardwalks and at 1 191 West pomoy Lake former the the former Hickory Ridge Golf Course map 19d parcel 10 RN neighborhood residence and FPC flood prone Conservancy zoning districts and a public meeting on F on zba FY 2019-06 Antonio Marquez Diaz from Mex Mex cedo to satisfy condition six in which the new business owner shall present to the board for review and approval at a public meeting updated management plan and any other information necessary to confirm that the use is operating within the scope of the special permit the disc following these items a general discussion from the public General comment period on matters not before the board tonight and other and after that other business not anticipated within the last 48 hours to begin do any members have any disclosures they wish to make for tonight's meetings if not the first order of business is a public hearing on zba FY 2024 Joan om and Dan wallik request for a special permit under section 5.01 112a of the zoning BW for accessory dwelling unit Adu over 50% of habitable GSF of the principal structure and to EXT extinguish zva fy20 or 2008-09 for converted dwelling with a requested waiver from section 7.02 at 10 page street map 11c partial parcel 135 r G General residence zoning District um I was not able to attend the site visit so um um who would like to review the maybe Rob you could head us up uh give us a review of the site visit and then anybody else that would like to add me do so sure thanks Steve um sorry Mr chair um so basically it was myself Miss green bomb and Miss Marshall who attended the site visit um both the applicants were home at the time and we did walk around the outside of the property uh we looked at the Adu um the owners marked on the side where the addition is going to go with tape and I believe they also drew a marker marking type um material on there to show the dimensions as well as where the roof Line's going to go and where the uh overhang is going to kind of end on the roof so um site visit was quick um I took video and sent it to yourself Mr judge and Mr White for your review um and that's pretty much it uh Miss green bomb Miss Marshall is there anything you want to add uh just I'm sorry go ahead Hilda no I was just going to say I have nothing to add I would just add in case anyone's listening there's already maybe it's I it maybe it's a converted dwelling and not an Adu but there already is an existing second structure and they're proposing to add one small room one room to it so all right I can add that that existing structure was a dwelling converted from a Model T garage or model a garage built in the 1930s when the house was built great thank you guys I appreciate that um the submissions that the board has received we've received applicant submissions um uh zba 20 24-13 application form management form complaint response form site plans prepared by Randall eer um and standard lease agreement in addition there are staff submissions zba 2008 2008 I'm having trouble with that 2000 seems so long ago zba 2008-09 conditions and the building and Foundation plans uh and also there's a requested waiver of um 7.2 um with that there's no other there's no public comment that I'm aware of is there Rob if not all right we'd like to hear from the applicants um could you bring in the applicants Rob sure let me uh I see Joon oir and attendance so Joan or Dan whoever's controlling it please accept this panelist invitation just for the record I want to note that Rob MOA Building Commissioner has uh joined the meeting as well Joan you're muted how's that is that is that better yep now I hear you thank you all um I appreciate your time and energy this has been a project that's uh been uh a small 200 square foot addition that we really just want to add on to the team house before we go any F farther just a name and address for the record Joon Oma 37 Cosby Avenue ammer Mass thank you owner of 10 Page Street ammer Mass Dan wak also of the same residence great thank you guys we may proceed um I don't think we need need to add anything further but if you have specific questions we'll be glad to answer them well just briefly just um I guess the one thing I would say just tell us you have an existing structure there now your goal is to add um another room to that structure to make an Adu you have a converted dwelling now and you want to add a room there for to make an Adu correct correct and the reason you need a a special permit is that it's um it's over 50% of the habitable space of the converted dwelling is that correct well it's over 50% of the our main resid principal dwelling excuse me principal dwelling yes which is like somewhere in the neighborhood of 1400 1400 square feet y yes great I'm familiar with the area um I've seen it I've walked I used to walk there all the time in that in the block I think it's a an seems to me to be an appropriate um addition and consistent with neighborhood um I wonder if any board members have questions no um there's no questions from board members this the opportunity for public comment on this um Rob do we have anybody from the public who wishes to comment on this application sure and I guess just a reminder those in attendance who wish to make a public comment please indicate by either using the raiseed hand function or if you're calling in press star n and there is one gentleman who has a hand raised uh Nathaniel I'm going to allow for them to briefly comment thank you very muchel just name and address and uh try to keep your comments to about 3 minutes if you can I can do it in much less than that I'm here with my father David M uh as well uh 14 Cosby Avenue so um my parents purchased a house on 14 Cosby Avenue in 1969 um and we have been wildly enthusiastic about Dan and Jones projects um the work they did to the house when they first moved in vastly improved the neighborhood um the additional unit they built was uh extremely tasteful and also improved the neighborhood we just here to say I can't think of anything more than wanting to support them in every possible way they are outstanding neighbors their architectural design and taste even gardening have improved our neighborhood infinitely for decades and we're widely in favor of this project thank you very much any other people anybody else wishing to speak please use raise your hand not see anybody else Mr chair oh there is a gentleman named Jay forgive me if I mispronounced your last name Taha going to go ahead and allow them to talk thank you yes last name is tenia it's j Tania I live at 77 mlen Street uh just um adj into this property uh in question I wanted to Second the uh the perspective these uh Dan and Joon have been wonderful neighbors and we're excited for uh to support them so we're really happy to see uh uh their their plans and uh happy and we just did a large addition ourselves and uh they were uh very very wonderful neighbors through the process so we're we're uh uh supportive of this thank you great thank you Mr T anybody else any other public comments Rob uh not seeing any hands Mr chair all right um we always give the applicant opportunity to respond to public comments if they so choose as you know Joan that's you always get a chance as an applicant to respond but um I don't know how if there's any need to but you're welcome to if you if you wish um how do I do that yeah mute y all right um if there no are there any board question further board questions on the matter or comments if not um I would entertain a motion that we move into the public meeting on this application while keeping a public hearing open in case we need to gather additional information or comments do I have such a motion yes so moved is there a second second second all right any discussion on the motion if's not vote occurs chair I vote Yes Mr White hi Miss greenbone hi Miss Marshall I the vote is for to nothing motion carries uh we're in a public meeting this public meeting portion is where the bo generally where the board deliberates and it's not uh normally an opportunity for public comment um I'm generally disos towards this it seems to make sense we we set up rules for um um adus which specifically said that the board can if the Adu goes beyond what can be done by site by right the board can look at the U the Adu and approve it if if it's in its judgment deems it appropriate I think this is an appropriate Adu so I have no problem with this at all um Miss Marshall yeah I would say that that um if your main residence if the principal residence is relatively small then adus are also going to be even smaller and it's easy to go over 50% just because they're small um but eventually there's too small to be useful so these structures are are far apart it's very large lot um and so I think they'll be quite compati with the neighborhood and you know neither one is is a is an outsized structure by any means y I agree any other comments or questions from the board you have a comment from Mr White Mr chair his hands up I don't know if you can see it I I lost it in the books there you go Mr White I do too it's a lovely place to do a meeting from no uh I would agree with both of you um I understand the need with the Adu but as Miss Marshall was saying you know if your primary residence um tends to be you know on the smaller side then obviously it's not difficult to go over 50% um so yeah I'm inclined to kind of think positively on this yeah and I think going over 50% in this instance does nothing to detri of the neighborhood at all in fact I think it it helps it out because it gives a it's a more attractive housing more attractive unit than it otherwise would be so I think that's all great miss green bom you have your hand up yes I wasn't going to bring this up but because it really isn't necessary at this point but I think we really need to have a discussion about grow square footage because I believe from looking at the associ website and then going to the mass building called that they have underestimated the living area of the house but um it doesn't change my opinion I still think that this needs to be passed but we should discuss gross building area sometimes great okay that's a good thing to put for our um at an administrative meeting and can I can I ask which structure did you think was underestimated the the main house at 1460 um just very briefly looking at the um assessor page there are three Columns of measurements one is the one on which they base the evaluation one is the actual measuring to the outside walls which is the definition of uh gross square footage and then the third column effective area but essentially um the second floor which is evaluated at half the number of square feet for determining the evaluation um is I have it written down over there 600 and something F feet rather than 300 and something feet which would bring him under the 50% if we but we we don't have a consensus on how actually the square footage is measured in the zoning bylaw though it's on the I was told part of the building code so I checked the building code on the second floor anything inside of Three Square 3 feet high knee wall C's habitable living area and so uh I think we need to decide how we're going to measure it next time because we might have saved him issues involved in calling a public heing thanks M green um what I'd like to do now is just review conditions as report in the in the U draft project application report um conditions suggested by the in the report I think are are are fine first one is pretty much standard has to be built as um as per the site plans we have to nullify the existing um special permit um either one or the other has to be of the dwelling units have to be occupied by the owner no more than two adults should live there live in the Adu at any time exterior lighting is downcast Street numbers visible parking sh urrent Improv Services only um trash receptacle should be screened property sh register rental residential rental program um so standard provision upon a renewal of the residential rental program to submit complaints 11 um the exterior sighting of the Adu shall match that of the principal structure and the roof of the Adu shall either be cedar shingles or match the existing shingles anybody have any problem with those conditions or do they wish to add any conditions to the list of conditions if there's no fur if there's no um discussion about conditions H is your hand up to to talk oh no okay um there's no no discussion on conditions I would entertain a motion to approve the conditions in Block some is there a second second any any any discussion if not the vote occurs on the motion to approve the conditions and block chair votes yes Mr White hi Miss greenball hi Miss Marshall hi conditions are approved now we have to look at the um the waiver request and the findings that we have to make under um section five generally the the findings we have to make under under um section five are is that um there there are several General requirements um this isn't a formal finding but we but in view of this application all the um the requirements from a of 5013 a through n are seem to be um satisfied the one question on this on the the draft is the extent of the attach dwelling shall be located behind the front building but that's a little complicated it's the point of this is was to make sure that it didn't stick out it's actually going to um the new room is actually going to be facing the other building so I don't think it really this is really applicable on this point that's the only thing that's raised I think all the Steve Steve could I add to that yes you sure can yeah that this property runs the entire length of a block I mean it has three bounded by three streets so what is the front and what is the yeah exactly and it doesn't it doesn't get closer to one of those streets it gets closer to the house it's just in this case this is a case where the this requirement just doesn't work for this property right I think yeah I think I'm glad you agree Miss Marshall um lastly we have a waiver request uh for the for parking and that is um way to so that they can have because again this runs the whole length of the block having a car parking in the driveway facing Crosby Avenue not they're should be able to do that continue that I would urge that we um grant that waiver and then um the design review principles again the from section 5.0 1113 Q are met um even to the extent of the the color of the building so um I think we've met all the requirements under under Article 5 I recommend that we approve the waiver and now I'll run through the 10.38 um findings that we have to make for any special permit the first is 10.38 and 10. 381 that it's suitably located in the neighborhood I mean it's residential neighborhood 10. 382 83 885 85 and 87 uh it would not constitute a nuisance due to air and water pollution or a number of other factors it's not there's no significant change in that 10384 is deals with appropriate facilities um it has appropriate facilities for the operation of of the post use um 10. 386 is conformance with parking reg regulations if the if the waiver is granted um then we would be in compliance on 10. 386 10. 387 safe vehicular movement it's already I think it has that already within the uh within the property 10.38 is not applicable 10. 389 is disposal or storage of refuge and and they are um they have a sufficient facilities 10.39 and 9 391 um are not applicable 10. 392 deals with adequate Landscaping um and they have they have Pro provided for uh screening uh at the back of the property um for for lights 10393 deals with adjacent properties from um lighting and they're going to have downcast lighting there so I think we meet that 394 doesn't apply 10395 is creating disharmony um with respect of the terrain there's no there's no significant change um regarding that 10396 screening for storage areas there's screening of trash receptacles 10 397 is adequate recreational facilities there's only a modest change in the amount of open space and 10. 398 is it is in harmony with the general purpose of the intent of the bylaw and I think that's clear that it is um so I I'm prepared to to have a motion that we Grant the waiver request uh 7.2 if I'm right on that Rob and that we make the findings required in Article 5 as well as section 10.38 Mr chair before before we Grant the waiver is it okay if I clarify what the waiver is for sure all right so the waiver from 7002 deals with having more than two vehicles parked in the front property line of the property basically the front setback line and in this case the applicant has two driveways so one is essentially where the two cars park for the Adu and towards the front where the main structure is is their driveway to park for that property so by granting this waiver you don't restrict them to only having two cars park in the front setback at all times which mind you they have Frontage on three streets mlen page tree and Cosby a and that's essentially what you're granting with this waiver I so let's just have the motion out there then we'll have a discussion of the motion so do I have motion do I have a motion to approve this special permit application with favors and conditions and extinguishing zba fy2 20089 and to close a public hearing on this matter is there a second moved and I have a comment to make I'll second it all right move and comment Miss Marshall you had your hand up first oh yeah I I just I just need someone to expl I would like someone to explain to me under 5.13 yep item C oh no d refer no oh no dwelling may be used simultaneously for accessory lodging what is that mean what does that mean accessory lodging so basically that refers to like a like a bed and breakfast can air yeah like a short-term rental essentially you know away like a short-term rental to make money off of basically that's what accessory lodging is okay and also Mr chair I want to comment do we vote to approve the findings yeah I thought we did I don't think we did no that's why I I noticed you jumped ahead a little bit there so I don't know if we approve the findings as as read off Oh I thought it was all in one big motion can we not do that I'll we'll amend the motion to approve the fin if we didn't do it we'll approve the motion to to um adopt I have something to add okay to add the the first one ress in the neighborhood that these people received a certificate of appropriateness from the local historic district commission for the building and for the lighting and I think that's appropriate to add that great yes thank youa good all right so the motion before us is motion to approve the special permit application to to make the findings required under uh 10.38 as well as the waiver as well as findings under Article 5 to extinguish extinguish zba fy2 2008-09 and to close the public hearing on this matter that's the motion all in one all right is there any discussion on that motion if not the vote occurs on the motion it's a roll call vote and we need four votes the chair votes I Mr White hi Miss greenbone hi Miss Marshall hi the vote is four to nothing um the motion carries Joan and Dan congratulations oh luck we're done oh great you're done you're done thank you all for all your time and effort thank thank you Mr chair do you want me to go over the next steps with the applicants so they're aware of the process moving I think you can do that off offline okay I and I think Joan's probably pretty familiar with him but do that offline okay they should just be back in touch with with you Rob if they shortly to go over to go over all that okay all right next order of business is zbf y202 24-14 Vivian Addison and Alan Eric Travis requesting special permit under section 5.12a of the zoning bylaw for an accessory dwelling unit over 50% of habitable ground I guess it's gross whatever GSF is what is GSF ground square footage square footage no so it means uh gross square footage it's um essentially it's the area of each floor in a building combined it's a grow square footage of the principal structure on Wildflower Drive in Amis Woods map 21d parcel 7 R outlying residential zoning district and aquafer recharge protection overlay District um sub we go over submissions that we have for that oh but first since I the reason I forgot is because I wasn't there um site visit um rob you want to sure yeah site visit yeah the site visit um occurred on Tuesday at five um Miss green bomb and Miss Marshall are both present as well as the two applicants um and the lot is is undeveloped so there's still trees there um they were Stakes marked for the location of where the driveway is going to be off the common driveway so they have their own individual driveway that connects to a common shared driveway with three other start two other properties um they also staked out the garage Dimensions as well as the main house dimensions and the Adu dimensions and um they also had marked located areas where they're going to tie in for their water and sewer you can actually see this um the connection area sticking out of the ground closest to the main road Wildflower Drive um and then other than that Mr chair there's not really much else that happened on that s visit uh Miss green bomb or Miss Marshall do you want to add anything just at the ground um it's level and then drops off quite a bit down to a I know golly lower lower place so it's my understanding that structures I mean the garage will be at the top basically and then these other structures will be further down literally down somewhat um so they probably won't be very visible from from the driveway even great all right thank you guys um submissions uh zba the applicant has submitted um zba FY 24-14 application forms management forms complaint response forms a project narrative an email describing the Adu Dimensions from January 18th of this year comments from the tree warden from January 4th a drainage map um driveway easement filed at the registry of deeds Wetlands resources review uh um zba 20244 site plan review site plans prepared by Randall iser an Adu building and Foundation plans lighting plans Landscaping plans and a color scheme diagram there's also staff submission which is of course the project application report uh has there been any public comment received I am unaware of any Rob so I haven't had any written public comments um submitted Mr chair but there were did you mention the two Department comments from so one comment from the town engineer and then one comment from the wetlands administrator it wasn't on the I have them in the packet but they weren't listed on the uh in the submissions sure I can briefly um I could briefly mention do you want me to go over what they were Mr chair or do you want me to just state that they were submitted just state that they were submitted sure yeah so uh Jason skills Town engineer submitted a comment as well as Aaron Jack the uh Wetland administrator both of them the sa date which I believe was March 12th great um nor the submissions and nor the public comments um this is the opportunity for the applicant to make their presentation um who wishes to speak for the applicant so we have let's see I see Eric Travis in attendance I will go ahead and send a panelist invitation they have to accept we are hi hi just give us your name and and address for the record good evening my name is Vivian Addison this is my husband Alan Eric Travis and we currently live at 142b ammer Road pelum Massachusetts great you can proceed two years ago my family collectively decided to move from our large cities to a smaller town to live closer to each other so we could be an integral part of each other's lives to help support each other with child care pet care and also to be close as we the grandparents age in place we purchased a lot in amoris woods and together designed a home that was big enough but not too big for my daughter and her spouse and their two and four-year-old children and an Adu that was right size for our needs as Grandparents um the Adu house and garages planned are modular units built by an Amish company in Pennsylvania they have Mossy green lap sighting with charcoal gray standing steam roof white trim and they are built in the same C style and with the same finishes except for their front doors which are different the Adu is tucked away behind the back of the garage and has its narrow side presenting so it appears smaller than the main house which and it is smaller which is the tallest of the buildings by right we're able to build an Adu that is 50% of the size of the main house with less than a th000 square feet the Adu we are proposing to build is 57% the size of the main house and is 875 ft of habitable space well below the 1,000 ft limit so we are requesting a special permit thank you thank you fast okay all right any uh questions from the board for the applicants Sarah Miss Marshall you have your hand up is that um just inadvertent inadvertent got it u m Mr chair I just wanted to notify the board I'm having a little bit of Internet uh issu so I'm going to disconnect my video and hopefully that'll solve it all right thank you all right um the uh the what thing that that Mr waill did refer to was the the comments from the Department of Public Works as well as the Conservation Commission um they both the as the essence of both of those comments were that there was no um implications for either um for the project for the conserv for the water quality of conservation they wanted to have you include the limit the borders on the plans and you've done so so um you met with their requirements I don't think it's going to be a problem I don't think they're posing any opposition or concern stating no concern about the uh um the application um I have no I have no special questions I think this is this makes great sense um and I I I think it's a great idea to be able to create a as you call it a family compound and uh live close to your grandchildren I really close to your grandchildren and your children that's that's wonderful um are there any other comments from people in the on the board regarding this application all right um is there any public Rob is there this would be a time for public comment if public wishes to comment on this so indicate by raising your hand or pushing star8 star n on your phone um we and when you do comment please comment to the board so there is uh a few hands raised Mr chair the first one was uh Mandy Joe hanii I'm gonna go ahead and give him the speaking chair hello can you hear me yep so my name is Manny Joe hanii and I live at 26 Fox Glove Lane um please note that I'm speaking as a resident of amorist and at a butter but not in my capacity as a town counselor despite what the screen shows I can't change my name um I am as a both resident a butter who will be able to see this project from my backyard and rear housee windows I request that you approve the special permit and do so without delay the special permit application is reasonable as it does not cause substantial inconvenience to Butters reasonably protects ad Journey premises and is in harmony with the neighborhood and the master plan this request for an Adu is before you because the main house is being built to the current needs of the owners and is smaller than many if not most of the houses in our neighborhood if the owners had chosen to build a larger primary residence the proposed Adu would not exceed 50% of the primary residences habitable GSF frankly we should applaud the owners for building to the size they need not a size that would make their path for adding an Adu easier given our need for more affordable housing in ammer denying this request or taking too much time to approve the special permit would only encourage them and future land owners to build larger than needed primary residences in order to have an easier path toward building an Adu um as you know the adus that are less than both a th000 squ feet and 50% are by right without needing a public hearing so if a special permit takes too long a land owner can simply obtain a building permit by increasing the habitable GS F of the primary residents so the potential for simply building larger in order to receive a building permit for an Adu should be taken seriously by the zba please don't encourage such a practice by denying or delaying the approval of a special permit in this instance ammer should be encouraging the building of smaller residences and adus just like this project proposal um we need to encourage projects like this building two dwelling units on this currently undeveloped 1 and A2 acre flag lot on wildf Flower Drive is a great example of encouraging more infill development and smaller dwellings so I am a loud and clear yes please approve the special permit for an Adu larger than 50% of the habitable GSF of the primary residents and please do so swiftly I want to thank you for your time but my husband is not here yet so if you'll just indulge me he's not able to join because he's picking up our children and his comment I will be very quickly his name is David hanii and he lives with me um he would also like to say yes the plans presented seem entirely reasonable in size and scope especially when compared with the other dwellings in our neighborhood um and while it might not from him necessarily be relevant to your deliberations he finds that the designs are quite tasteful and he appreciates the care taken in the lighting plan with its emphasis on down lit dark sky compliant warm color temperature lights um he wishes to say um that the original developers of our neighborhood had taken that amount of care in the lighting plans because our neighborhood is not so compliant um he'll be able to see the new structures from the backyard and he would like to go on record as yes in my backyard thanks and he thanks the zba members for the care and attention to these issues and welcomes the applicants to our neighborhood so thank you so much for your time thank you any other comments um there is indicate there is another hand uh step Frasier I will go ahead and give him the microphone Mr Fraser just give us your name and address for the record please hi uh Stephen Fraser I'm at 10 Wildflower Drive you may may proceed yes hi uh yes my uh property uh is adjacent to the access uh to this uh development um and I I have two concerns one is um uh primarily what I will see is a garage and parking uh and so um my concern is whether there's any uh design for some kind of screening uh and and my other concern is um although the um um the the owners do not plan to rent this Adu um as a as a rental unit uh my my concern is that it will eventually eventually become a rental unit and uh I would like to know what what kinds of uh processes are in place to uh manage that thank you Mr Fraser are there any other public comments there is a public comment from Grace uh non go ahead and give him the microphone sorry hello I'm Francisco Kiros I'm Grace Nan's husband and I'm here also Grace is here and we're new new to uh the idea of an Adu so we're learning here um but we're curious um we in the online information we weren't able to find out about the fullsize basement they they plan to do on the Adu it does it have a door going to the outside or how are you going to get out of it is the rear of the house going to be at the um the normal ground level Etc another question is um can you elaborate on the H vac equipment um the compressor is it going to be in in the back of the house away from us or where where is it going to be uh we're also concerned about the heavy equipment that's going to be used to install this uh and because they're going to have to drive over our the water line that's Underground around so that's another concern and in the future if we add an Adu or another neighbor on this flag lot adds an Adu we're by the way we're their neighbors adjacent neighbors um how will we resolve any traffic problems that arise otherwise um we're glad to see new neighbors and we hope this all works out for you thank you other comments please indicate that you wish to speak by raising your hand or pressing star n on your phone there is a comment from Kathy Pard Miss par give us your name and address for the record please and you may speak I'm sorry can you hear me yes we can now okay yes thank you um C been par 15 waterflower drive across the street from um these neighbors who are feling um it sounds like a a wonderful development and I look forward to to that um and I'm pleased to hear that everyone is um um pleased with the the partions to the design I was wondering about the um lot that is to the side and um in on that is own by Charlotte H and Robert W that has recently been clearcut I was wondering what the connection is to the um developing um um proper we're talking about now and why is clearcut and um if uh if if there's a connection here and this is if there's been any um assessments of the um erosion and um the the dely which has a stream underneath it together that's my that's my question so it was a little hard to a little hard to hear you at the end there so you you wondered about the clear cutting and the effect on the on a on a stream and then what a after that I didn't understand you can you speak up a little bit oh I'm so sorry um I I I'll do the best I can there is a lot in front yeah yeah no no just the end of your comment is one I could I was I was curious why that was clearcut if the lot is conected um to the that the owners who are developing behind and if there was assessment on the wated um the stream below and um the potential for the erosion and I'm just wondering why the wood was was cut down which was actually a habitat for uh Wildlife there ands are G I was just wondering what the connection is between that lot and uh behind and why this clear P got it okay thank you thank you for your comment Miss PA there coms opportunity oh you bet I thought you'd finished are there other other public comments Rob we got anybody else okay so this is the opportunity after public comments the applicants have an opportunity to respond if they so choose to the um to the points raised um if you wish to um it's a time to that yes um in in regards to the last comments regarding the lot that's actually on Wildflower Drive that is not our lot it has nothing to do with us we have not cut down a single tree on our property yet that is the uh owned by somebody else so that's not us um in regards to Francisco's concerns and questions um the h equipment will likely be uh in between the two houses it there'll be air source heat pumps they're very quiet um and your garage there's a lot of room in garage before your house so we're quite a distance away but they probably will be in between the two houses the HVAC guy said he needed to come out and actually see the buildings in place to go ahead and do set those um there is a full basement because the land goes like this and then slopes straight down we have to have a full basement and our Builder said you would be foolish not to have a means of egress from there if you have a full basement and that'll be on grade and that that that will be on grade but it it's very much lower and it will face uh out towards the um towards the dip towards the trees it won't be visible from other other properties and then I can't remember any other concerns oh uh in regarding the waterline heavy equip oh the heavy equipment yes um when the construction workers do it they usually put a a you know a Ply or something down before the equipment goes over we're aware that the water line runs about four feet away from the shared driveway um we're no regardless equipment is going to have to go over that to get into our lot and that's part of the easement um we will make sure our Builder is aware of it he is actually already aware of it and they will guard it protect it as well as can be protected the to and we' ask we can ask Mr MOA The Building Commissioner I'm assuming that there are protocols for protection of the of the the water is that right yeah yeah I think the first thing is locating them the contractor will uh you know carefully maneuver their equipment over it uh so you know that contractor should be well aware of how to uh you know make make its their way into the lot and bring the equipment in safely uh sometimes they played over those areas uh to protect the the pipe uh sometimes they're able to avoid it in other ways I can't remember were there other concerns that were addressed that I missed you can there are other two other concerns that I don't think you've addressed one um is to you if you wish to address one is the um the screening of the garage and second what if it becomes rental at a later point in time upon sale okay what if it becomes rental if we were to sell the property it's possible it would become rental uh ammer has a process by if you rent a rent a building you have to go through the city of amst and have a plan on file and we we we were required to do a plan we have a plan on file already we are not going to rent it and if we do we have to go through the process just like any other rental property I I'll have I'll also have either Rob more or Rob um what chill describe it but this will become a um Adu and there's certain restrictions on they have to have principal owner in the in the main building and it can be red but those will continue those restrictions will go with the property and so it won't change its status now of being able to rent so Rob or Rob can you umate that better than I did yeah and also I want to add one more thing that's important too before you can uh technically um habitate the Adu so you have to so for the rental part you have to register with the town's rental registration program which I believe is done Rob if I'm correct on this is it done through the board of is it the licensed Commissioners who do that or is it done administratively that's done administratively through inspection services okay and then the other thing um so in order for the Adu to be permitted the property has to be owner occupied in perpetuity so essentially the owners have to file a deed restriction with the r stre of Deeds saying that at least one of the buildings is going to be owner occupied at all times even if they're going to live in both that's just something they have to file in order to even have the approval to construct the Adu so that's why was included as a condition to this special permit and to the previous application as well so it'll be treated as any other Adu in hour yeah exactly um and as to the screening um the way the driveway comes in the driveway is going to have to go up to the garage there there's no way to screen the front of the garage because that's driveway access um the house itself is set back behind the garage and down lower um so you know we're planning to there is going to be a little bit of a fence but it will be visually it'll be fairly open I guess we could plant some shrubs in the front there we'd be happy to except there's there's driveway there also there's the cut there's the BART that you turn around in so I mean we could we could do some in the front there it's it's kind of difficult though you you know you can't plant on asphalt last Point um is that question raised about a comment raised about um Watershed assessments and that was done by the concom and and the U um Town Jason skills the town and it there's no impact upon the they found that there's no impact upon the Watership Mr chair I thought that was that concern was raised in connection with the other lot that was cleared which doesn't belong to these I thought I thought that um I may maybe I misread but I thought Mr waill can you yeah clarify um so basically the comments from U Mr skills the town engineer and Miss jock the wetlands administrator were that they don't encroach on any uh resource Wetland resource areas or water bodies but towards the back of their property it does kind of go down to this Valley which has a mound behind it and then that goes up and down into a water stream behind it so they're pretty far away and they have this natural drainage area at the back of their property so that's basically what the Comets said and that neither one of them had any concerns from a storm water perspective so I think we're Marshall I think we're both right well I I I thought you were one the comments from a me member of the public just minutes ago was about and I thought that was about where all the trees had been cut down so a different wed issue all right different property right but the implication of this this application is that it has no effect on groundwater well no effect on Wetlands I guess is the biggest concern yeah yep on Wetlands all right any other questions or comments from board members regarding this any questions for the applicant if not I'd entertain a motion that we that we um move to a public meeting on zba 202 24-14 while keeping the public hearing open in case we need to gather additional information is there a second second moved and seconded any discussion if not the vote occurs on the motion to move to public to move to a public meeting while keeping the public hearing open chair votes I Mr White hi Miss Marshall hi Miss green bom hi hi great motion carries four to nothing um this is the time when we debate the public um at the special permit application um my my impression of this is that that's a well thought out um use of an Adu and use of space and they there's minimal disruption to the neighborhood I think many of the questions that have been raised by members of the public are legitimate and I think they have been uh there's an answer for most of them I think satisfactorily from the in the project and from the the perspective Builders and the owners of the land uh so I'm I'm disposed to approve this I'd like to know if other people have other thoughts concerns or questions regarding other board members have thoughts concerns or questions regarding this I just want to say I think it's a great use of a of a tough property the way it you know declines so precipitously I think uh yeah really I didn't get to the site but but from the map it's a pretty atic drop off at the rear of the property not a lot of glad glad it can be used not a lot of buildable space there yeah all right if there are no other questions or concerns regarding this I'd like to First go over the conditions um from the Draft application report look at those and then based on those conditions I think we can make our um we can make findings depending upon where the conditions are approved the first condition in the draft applic project application report is standard it's Mr waill your hand is up yeah I wanted to clarify so I do have the conditions up but I wanted to clarify on a question that was brought up by Mr Frasier earlier about um the garage being in view from the street I just want to also emphasize that the owners are very constrained on where they can put these buildings on the property because the flas part is the part closest to the road and the driveway so if they were to push it any further back they wouldn't be able to do it because most the property is just that slope going down the towards the valley so to move the garage further back would be very difficult to do that's all I wanted to say thank you than um great thanks for I put the the conditions back up number one is pretty much standard it's got to be built as to to the site plans two deals with the um the fact that this is going to be um a deed restriction at least the the principal owner will have to live in either the Adu or the principal residence the owner will have to live in one of the two units no more than two adults can live at the Adu at all times all exterior lightings must be designed to be downcast and dark sky compliant according to the zba rules and regs Street numbers shall be clearly marked parking shall occur on Surface improved surfaces only trash receptacles shall be screened uh if they wish to rent out one they have to one unit if the an owner wishes to rent out one unit they have to um have abide by the rental uh management system of town if an active rental registration permit is in place they have to have an annual complaints and violation log report uh there's a restriction on on the use of or not a restriction but sodium chloride if used shall be used at a minimum in the base R giving a base ratio of one part salt to 10 part sand fertilizers pesticides and other leachable Lawns and garden chemicals shall be used in accordance with Lawn Care regulations of Massachusetts um pesticide board um there in the Pro the Draft application report there was a question about whether we should be considering um some of the restrictions on or um on on design reviews color scheme fighting single type I'm not inclined to want I'm not inclined to deal with that in in this application because we're looking at a standalone home but um I'd leave that up to other board members but it doesn't seem to me to be particularly applicable at this point Mr chair y they did the applicants did also submit a sheet with the colors it looks close enough but that's that's my my um opinion and my no no I'm just saying they have they have I think they've satisfied much of this yep yeah yeah I don't think we need to do anything more right Miss greenb I'm curious about number three about adults does that preclude minor children down the line if for instance somebody does read that building that's not a member of the family who does have minor children or if a minor one of the children get big I don't know you know I don't know the answer to that M screen bom Mr Mora is that it just says no more than two adults doesn't seem to have a limitation on if if there's a child or a minor in addition to the two adults I don't think it does um but you know I actually after reading that I'm wondering if that's necessary and I think it should probably follow the the uh language in the bylaw for all adus that you know is um related to the number of unrelated residents yeah of three yeah I don't I'm not sure if there's any reason why that condition should be worded that way referring to to adults was that something from did did the applicant include that wish that to be the case well the applicant include that in their uh narrative and so that's why I put it in there but Mr MOA did bring up a good point that condition three should be changed so it should say no more than three unrelated adults just so it matches language and the bylaw and I think that probably be the most appropriate way to do it and I guess this is one place where we get the reaction from the applicant is it um acceptable to the applicant yep you're fine with it yes I'm not having any more kids and I'm only gonna live with him but yeah all right Mr chair Miss Marshall yeah I would just note that this same condition was in the permit we just granted earlier this evening yeah well you know I didn't pick it up at that one either yeah ra well if there's just if there's some like a standard list that Rob's pulling from maybe delete that one you may want to go back to the the just what's in the bylaw in the future Miss green ball yeah no my hand is so up no I I just want to bring up because you never know this this um permit is going into the registry of deeds and it is presumably in effect in perpetuity and so you don't want to mess people up down the line if they want to sell the house and it has restriction on it that might make it difficult yes all right um with that Amendment to the conditions are there any other changes or members wish if not I would entertain a motion that we approve the conditions in Block as amended by the uh permission for up to three adult unrelated adults is there a second second I've been moved and seconded any discussion there's no discussion the vote occurs on the motion to approve the conditions in Block as amended the chair votes I Mr White I M Marshall hi Miss green Bal uh the conditions are approved what was four to nothing conditions are approved the uh next is the making the findings we have to make under um section five generally that it is generally I think it not generally it totally complies with the requirements of section five general requirements for an Adu dimensional requirements are all met parking requirements are met um design standards are met and even the uh driveway is at the narrowest is is U 12 ft but uh it the minimum exit is 10 uh minimum feet wide for oneway is 10 18 ft 2 12 ft it's the most narrow part so that's fine um the design standards are also met so I make I think we can make the findings that the um the application comports with everything needed for an Adu in terms of section five Mr chair yep the Adu is more than 50% of the JSF of the principal resident so we just have to explicitly that's the reason they're getting a special permit Y is because it exceeds that yes right yep and I think that's stated in the um in the yeah it's stated in the in the description of the the special permit before us is that it's there because it's 50% it exceeds 50% so that so unless there's any OB ctions on the findings we'll move on to the the um findings under 10.38 under 10.38 and 381 generally deal with um suitability for the neighborhood um it's residential neighborhood and this is a further residential use 10382 10. 383 85 and 87 uh generally deals with nuisances caused by a host of of um different mat different ways pollution noise order dust uh we don't think I don't think that it does any of that it doesn't create a nuisance 10. 384 is there appropriate facilities provided for the operation of the proposed use it'll have um t water and T sewer 10. 386 deals with parking sign regulations um this is dealt with in the conditions requirements of SE 7.1 10. 387 provides for convenience safe vehicular and pedant pedestrian traffic um the proposed parking layout and drive way do not present any issues to vehicular and pedestrian movement on the site in fact there looks to be pretty well designed 10. 388 is not applicable 10. 389 provides for adequate methods of disposal and or storage they have done that with the appropriate facilities for trash storage 10.39 is not applicable 391 is not applicable or 10. 391 is uh deals with only removal of trees within the project area where the water and sewer line will be installed nor the Landscapes or Scenic features will be disturbed uhu so I think they meet the requirements we can make the findings under 10391 10392 provides adequate landscaping and screening of adjacent buildings uses and Provisions of Street trees uh the applicant seems to have tree covered as best as can for most of the U for almost all of the structures and the detail Landscaping plan includes Landscape Maintenance and Care 10393 deals with um provisionals providing protection of adjacent properties the intrusion of light the comp the application complies with the zba rules regarding downcast and um dark sky compliant lighting 10. 394 is not applicable 395 deals with disharmony respect to the terrain use scale and architecture of existing buildings this doesn't seem to be out of um at all out of U uh scope with what's in the neighborhood 10396 provides for screening of storage areas loading Dot TR receptacles will be screened in the detached garage 10. 397 is not applicable in 398 The Proposal is in harmony with the general purpose and interest of this bylaw and the goals of the master plan I mean it does that by providing housing for um uh two families in a in a Innovative and thoughtful way in a residential neighborhood um so unless anybody disagrees with any of those findings for both the uh 10.39 38 and 39 findings as well as the findings under the Adu I would entertain a motion that we approve the um approve zba 20244 request for a special permit under section 5.12a of the zoning bylaw for a sex dwelling unit over 50% of habitable GSF of the principal structure on Wildfire drive and amoris woods um with with conditions and that we close the public hearing on this matter I think I've covered all Mr chair yes Mr White just real quick um from what I'm seeing I think you might have just done it by mistake but 10394 you said was not applicable um it is applicable but not an issue okay so that was the only note I wanted to make just you know I might have I might have struck it out when I oh that's right you're exactly right it's it's not not a not not a problem yep exactly yeah I just want just for the record good we got that straightened away all right so the motion before us is to approve a special permit with conditions and that we've made the findings that we close the public hearing so move so moved all right any discussion on that motion if not vote occurs on the motion to approve the special firit and to close a public hearing chair votes I Mr White I like can see the puppy Miss Marshall hi Miss green bom hi all right motion is approved four to nothing uh vote requires four votes you got it congratulations and good luck thank you very much thank you very much next order of business is the town of ammer um zba 22245 request for a special permit under Section 3.3 3231 of the zoning B construct structures on the flood prone flood prone Conservancy District including Bridges boardwalks at 191 West pomoy Lane former Hickory Ridge Golf Course map 19d parcel 10 residential neighborhood RN and FPC flood prone Conservancy zoning districts um there was not a site plan for this matter there is submissions and I'll get those together here submissions received have been ZB from zba 20245 application form a management plan site plans um from August 10th 2023 sheet G1 l101 l102 c100 c200 um sheat 300 C300 c400 c500 SE sheet l501 uh these are all site plans uh zba FY 2024 structure location plans a list of structures a bridge railing samp Bridge railing sample a shade structure example and Hickory Ridge zoning map uh they've requested waivers of a traffic impact statement a lighting plan and application fees and I think we've included all the items that are included in our packet Rob if I'm wrong is there anything that I've missed no I think you cover it all Mr chair I think we got it all all right um for this this is an application from the town of ammer who's going to speak for the town um I could get I could start off with uh some background information then I'm going to hand over to to Mr zc to kind of uh go more into detail with the actual structures are going in the FPC so basically the town of ammer is trying to construct a series of structures including Bri ridges boardwalks and a shade structure at the say of the former Hickory Ridge Golf Course which is now going to be a um Trail Network that is going to be pretty extensive um it's also the same site where the solar Project's going to go but this specific petition is just focusing on approving those structures that are located in the FPC and if you don't mind Mr chair I'm actually going to share my screen and show this map yep actually shows the entire property right here and each number is the different location of a specific type of structure so for example number one is going to be a vehicle and pedestrian bridge um and I just also want to note that most of the project if not all of this project is actually located in the flood prone Conservancy zoning District so everything you see here with a number so where my cursor is it kind of goes out this way all the way around is the FPC so in order for the town to start construction on these structures they need the special permit in order to move ahead with it and I also want to mention that this project did receive approval from the planning board for site plan review for the use and it did receive a um order of conditions from the Conservation Commission as well for the structures and for the trail Network so uh Dave zc is going to go into more detail of what each structure is going to be um and where they're going to go and uh Dave you can take a get away sure U thank you Rob and thank you Mr chair Dave Zac assistant Town manager for the town of amris can everybody hear me okay yeah y great I think as all of you know this has been a project that the town has been working on for a few years um as Rob indicated there are a number of things going on in this property our Focus tonight is really to talk with you about the structures in the FPC but just to round out what Rob said uh you know there is a 26 acre the the property itself is 150 acres there's 26 Acres of solar that is already pered on the site and then as part of the the overall project master plan um our goal as the town uh from the start was to connect some of the neighborhoods to the north up on East Hadley Road uh with the Village Center uh where the new roundabout is at Pomeroy and West Street and so uh working with Town staff working with uh state agencies um we have uh put together a trail plan uh indicated in red and what we we call in the lower leftand uh uh part of the map is a loop trail and then the north south Trail which goes all the way from the former Clubhouse all the way up to the edge of our property in the upper right of your screen which will ultimately connect to uh East Hadley Road thank you rob um so tonight's discussion is focused on the eight structures that are indicated in this map um as Rob noted uh they are listed over in the red box uh to the left and perhaps I could just go through them very quickly um we do want to note as Rob did that the the the project itself has received um appropriate permits and and approvals from the Conservation Commission and the planning board um we are well aware of the uh history and current status of the Fort River we understand that um uh from time to time the Fort River does over top its uh its banks um and many uh Trail systems like this across the country across the world for that matter um occasionally flood so we are designing these trails to do exactly that they will occasionally over top um we think the profile of the pro of the uh improvements is uh very minimal in in the flood plane and we've designed it uh not unlike this will be a essentially a six foot wide Crush Stone Trail not unlike the cart paths that have been out there for the last 65 years uh that were used for golf courts to to move across the uh the course itself and those were overtopped with flooding just like these Trails will be from time to time so why don't I start very quickly um on the lower left we have the loop trail um all of these Trails will meet um um most uh Ada standards um and as I said they'll be crushed stone relatively small Improvement uh with uh a modest number of benches and appropriate kiosks uh at the trail head and parking lot so number one is a small uh combination bridge that will allow uh uh small vehicles to move uh to maintain the loop trail to move to the west and it'll also double uh function as the uh getting over a small Wetland area there for the the people who participate in this um using this Trail um number two is a small raised Boardwalk again low profile um that will not it's so low that it will not have railings it is not required to have railings uh number three is a pedestrian bridge again these are these are these structures are only there because they're going over Wetlands again all approved by the Conservation Commission structure 4 is an existing Bridge that'll eventually be rehabbed that is a bridge that has been there for 60 plus years uh and functioned uh historically to get um golfers and golf carts over the Fort River likewise uh Bridge number five is existing um it is a bridge uh that will be improved um by the pure Sky Solar Company for the building of their solar uh facility and we will use it this is number five Rob this uh this will be used uh this will double once the Solar Company is uh done uh constructing their their facility uh it'll then be open to pedestrians as part of our trail system um moving on to the east over toward uh West Street uh Bridge number six again is a very low profile uh simple Bridge these are very simple Bridges you know 10 ft 12T long over a tributary of the Fort River um and then the seventh structure uh will be a small raised Boardwalk to bring us up to grade the uh Rob can point us toward the access over to West Street we will be picking up a um sewer access uh above number seven and that is a road an existing Road used by the DPW to monitor a sewer uh pumping station and we'll be picking that up to get pedestrians users of the trail hikers bikers over to West Street and they could go to Crocker Farm school they could go to the Village Center to the South the last structure um and actually this is one that we don't currently have funding for is way back in the western portion of the property kind of between number one and three it's not numbered but it is right that little red dot just to the right of where your cursor is right there that is proposed to be a small uh simple um Pavilion structure to get people out of the shade maybe have a sandwich something like that in the future so those are the eight structures um again low profile um uh built uh solidly built to withstand some over topping from time to time uh by floodwaters and um I think I'll stop there and take questions so the issue that's before us is is just is this are the seven or the eight with the potential eighth structure those are the quest that's the special permit application we had before us is for the construction of those eight items correct correct Y and you know our hope tonight is to to have the the the um the zoning board find that you know the structures do not interfere with the Fort River and its natural flooding processes um again uh very minimal structures uh for the most part at grade or low profile the Conservation Commission has reviewed this planning board and found that those structures are appropriate for this kind of Trail and no other structures are planned at this time obviously in the flood plane in the FPC I know my fellow board members know that we generally defer uh judgments about um flood plane management uh storm water runoff and other um flood management to the expert commissions through Kon commission even though it's and even though it's in our required findings we generally defer to their knowledge on those things you've got that order of conditions already from them correct yes good I also as ask the chair um uh Mr MOA I know is here and as Building Commissioner he has also been part of the planning for this and looked over our plans for the structures and I just wanted to defer to him if I missed anything in my remarks uh no I don't have anything to add thanks Miss Marshall your hand is up yes so just two hours ago Dave and I were in a different meeting hearing about how a bridge at Cherry Hill Golf Course gets washed Downstream times a year uh and what how what an expense and nuisance it is to retrieve it and get it reinstalled so could you you said a little bit ago Dave that these should withstand these structures proposed structures should withstand over topping is there can you elaborate I mean is that when there is flooding this is slow I mean it's slow it's the bridges the whatever AB butman or or you know foundations they have aren't going to be undercut or sure that's a really it's a really through the chair is that okay if I answer that Mr chair um excellent question well first off the the structure up at Jerry Hill Golf Course I'm not sure I would really characterize as a bridge it is a it is um you know it it it it's something that the town placed there some years ago it is there is nothing firmly holding that piece of those pieces of wood even onto uh they're they're just flat on the ground there's no concrete there's nothing holding that structure which again is a minimal structure so every time it does flood um basically the the uh the Water carries that structure away so these bridges are specifically designed to hold their place um in the Wetland uh in the Wetland complex that they're a part of the boardwalks the small boardwalks that we're proposing will actually be um um built uh with what are called helical or helical peers that are basically screwed into the ground and so these have been designed by engineers and designers to stay in place and withstand you know certain forces uh you know uh uh like flooding water so the structures we're proposing uh have just been designed in the last 12 months and I just contrast that with kind of a big piece of wood up in North amers that needs to be improved in fact uh when I was before jcpc to some degree we should probably design something similar at Cherry Hill that is going to withstand those forces of a a small stream uh like the one at Cherry but these are specifically designed to stay in place again a catastrophic flood or a you know a a ice shearing event 20 years from now I don't think any of us you know those are catastrophic events we can't engineer for those but these Bridges and structures are engineered to and designed to last thank you green this question I have for David is not really under our purview but I'm interested to find out how you can have wheelchair and Walker accessible sidewalks made out of crush [Music] Stone uh Mr go go ahead sure and I may defer to Mr MOA on that if possible but um we are designing these well why if you could Rob could you jump in there sure so this is a a a base of material that's a pretty small aggregate that locks together really tight so um it gets placed uh uh very level so there's there's very little cross pitch there's um no inconsistencies in the way that it's uh uh graded uh at the surface and then it's rolled for compaction and the material is designed to compact really well um from time to time it will need maintenance uh as years go on and the the conservation staff will watch for those areas but um we we find that the the hard pack base does hold up really well and there are no tree roots that would interfere as Amity Street for example and other places where we've put uh ASA the tree roots tend to rise up the the nice thing I might say about this is frankly if tree roots do interfere uh it's a little easier to get at this and and remove those tree routes um if anyone has been to the kti trail over on Moody Bridge Road in Hadley if you think about a good portion of that structure is um Crush Stone uh this fine Crush Stone as as uh Rob indicated that is essentially our goal there are also some Pathways at the uh Emily Dickinson Museum here on Main Street that are built in with the same technique I don't know if all the ones at Emily Dickinson meet all the ad8 standards that we are going to try to meet but that is our goal and from time to time they they they will be over top by water and we'll need some maintenance I did want to add the initial construction of these Trails is being funded by uh state grants uh cdbg funding and some CPA funding uh added to that uh to to to meet the budget M green bom I was going to add exactly what the point that Mr zc made I have been over to the Silvio ke Trail I have pushed a wheelchair around that trail and with that um material they use is pretty easy so it it it it does a good job um keeping a pretty thank you I done that too but I didn't know it was the same material yeah it works pretty well other questions um can we put the map up for just a second yeah sorry about that just give one second all right this is not directly in our purview I'm just trying to understand it I remember when we approved this of the solar plan and then subsequent to that there was a a public um input gathered by the by the town on uses of this the site and I was wasn't sure if the parking lot the old golf course parking lot is going to remain there it's going to be changed that will help a lot for access to people who don't live in the area who want to come there can you tell talk a little bit about parking availability for this uh site sure and and this was um very good questions and the planning board and Conservation Commission all all ask similar questions so there is the Rob is circling the existing parking lot and this the uh darker structure to the left to the West is the um former Clubhouse so in short our plan is to bring the clubhouse down uh uh uh uh we are working on trying to get funding for that um it is it cannot be reused it it was it was uh when we received the property it was already in terrible shape and we wasn't very good Clubhouse to begin with yeah we we cannot reuse that um but then the parking lot itself uh we the town staff have developed a plan to to use the parking lot to support the trail system and potentially future uses of the frontage um but in the short term uh the eastern part of the parking lot will be used for parking we'll try to we're going to be using some uh some split rail fencing some of the Jersey barriers to to try to create some buffer between the visiting public and the um the old Clubhouse and so they'll folks visitors will park on the right hand side of the parking lot you see before you they'll enter through that easternmost um accessway there and they'll also exit there and we will kind of discontinue except for emergency purposes is the front uh uh Circle uh entrance there and so people will disembark from their cars there uh there'll be a nice kiosk uh welcoming folks with a trail map and then off folks go to either do the loop trail or the North South Trail um or both or if they just want to explore the property and go fishing or fly a kite or do some bird watching whatever they might do we have not decided on re uh what ultimately the repurposing of the area of the clubhouse will be as folks know I U working with the town manager we've talked about some other uses there potentially uh a South Fire Station could go there potentially affordable housing potentially uh some other Town uses if we in the future look for perhaps a new Senior Center site or a community center site uh yet to be determined but we do have some some potential uses on the Frontage one last question again this is not within our purview but it's for my information um aside from off the trails uh do you get can you get access to the river um through by just walking through the the grass or is it um is it you're going to allow people to walk off off the trails or are they restricted to the trails or are is it going to be um passible to walk through the um whatever that landscape will be um yeah another good question obviously the solar area the 26 Acres that you can see a faint outline in grayish black the central array is you know right up the middle uh and then there's the Western array those will be fenc so there'll be no access there but the rest of the property will be Town property some of it will be conservation land some of it will be held in general by the town and um we will encourage people to be on the trails but like other conservation areas if people are Intrepid and want to um want to go fishing or or want to go bird watching or you know want to run in the grass or whatever they can we will eventually be mowing some of the fields and keeping some of those fields in early successional habitat it's a very complex property with a number of rare and endangered species so not unlike uh other applicants the town needs to apply to the state to get permission for some of our management goals so we are the applicant we are we are regulated by the state in what we do on in in and on the river as well as in the adjacent uh fields and forests so um we're working on a plan with the state for that but yes people will be able to if they're willing to Brave uh some ticks and some poison ivy people will be able to walk around and enjoy great thank you well I I love the notion of uh using this area for public access it makes a lot of sense and the Fort River can be a real could be a real boom U for the area kids can use kids can learn how to fish there explore it' be great so I I like the uh the trail plan makes a lot of sense um other questions comments uh before we go to public comment if not um Rob do we have anybody that wishes to speak from the public so we only have two two attendees um neither one of them have their hand raised just a reminder if you want to make a public comment use your raise hand function or press star nine uh nope all right any other one last time U opportunity for board members or for the to the applicant the town to speak before we go to public meeting I would entertain a motion that we move to a public meeting um while keeping the public hearing open in case we need to gather additional information on this matter do I have such a motion that's moved and two so that's a second so we got a motion and second um any discussion if not the vote occurs on the motion to go to a public meeting while keeping a public hearing open chair votes I Mr White hi Miss green bom hi Miss Marshall hi hi the vote is four to nothing we and it carries uh so now we're in the public meeting section this is where we uh can deliberate and go through findings and conditions are there any general thoughts from board members on the application I generally very supportive um and I would move to I would move into the conditions right away if you look at the project application report there's two conditions the first is uh pretty much boilerplate meaning it has to be built to site plans which are specifically enumerated here and the second is that the order of conditions for the trail system be in full effect and that we um observe we we adopt the order of conditions from the Conservation Commission so we we U defer to the Judgment of the of expert body on this but we incorporated it in our in our finding in our conditions so I would entertain a motion does anybody have any additions to that Rob you have your hand up so I just want to clarify Mr chair the uh third plan that um is considered the approved plan the structur location plan so that was the map that we were just looking at I was going to make an edit to that to include the eighth structure on that plan so it can be identified in that case the structure is the giant uh Pavilion shade structure it was left out but it will be included all right so the motion is to approve these conditions with the change to ad to add the eth structure I have a question yeah I'm sorry Marshall yep yeah so just maybe so I understand uh condition two the most recent order of conditions that is from the Conservation Commission yes yes that could that be specified right there because these are also conditions so it's but you know I think Miss Marshall order of conditions is a term of art that apply that comes from the Conservation Commission they're the only ones who issue order of conditions yes right okay okay and basically um you know if the order conditions were to be updated um then you know they're not restricted to just one specific permit file number with the DP they can just apply the most recent ones on the site right thank you good good question all right um do I have a motion to approve the condition the two conditions with the additional uh map alteration for for um I guess structure eight so moved is there a second second moved and seconded any discussion if not the vote occurs on the conditions and approval in B in Block chair votes I Mr White hi Miss green Bal hi Miss Marshall hi vot is for to nothing the conditions are approved in Blan in bnk and uh you know I've got that wrong they're approved in Block so this is I'm having a hard time tonight guys but um not I'm I'm not at 100% um next is we have to make some we have we are required as a special payment graning Authority that um we have to find that such factors as those listed in 3.22 N do not appreciably affects water or table or quality in 3.22 N there are several um items which the staff has identified as um that that the app does not adversely affect the water table or the water quality those include drainage elevation of buildings extent of Paving and storage of chemicals and other hazardous substances adequately adequacy of sewage it does not apply control of erosion sedimentation does not apply location of equipment does not apply storage of buyout or buoyant material not buyout buoyant material does not apply and the effect of fill does not apply so I would find I would like to move forward by saying that the um the application meets drainage elevation extent of Paving and storage of chemicals and other hazardous substances factors which the special permit granting Authority must find next on the um section 3.32 it just these structures do not alter the natural course of water that seeks to restore them to their natural state it looks to me like that's exactly what these to the extent these structures um impinge or bound water they're not there to alter its course um and it seems to me that this application does not alter natural water courses Section 3.32 1 structures associated with this allowable uses um and accessory uses will not located within the flood prone conserv District without special permit and that's what we're here for tonight so um I think the the findings under section three we can make under Section six all the dimensional findings um either they do not apply or they meet the dimensional requirements I think I I don't think I've skipped any there and then findings under 10.38 and 389 um 381 and 382 it's suitably located in the neighborhood it exactly what we would you want to do with this area in this in this neighborhood 382 383 385 and 387 generally does it create nuisance by various sources it does not 384 doesn't apply 386 doesn't apply 387 um this is all provides um safe vehicular uh and pedestrian movement especially with the large parking area there 388 and 389 do not apply 390 is you it's uh protection from flood hazards that's the proposal is utilizing natural drainage and seeks to increase in prvious areas flood hazards would not be an issued for any large structure or buildings but um these we have no large structure or building in this case so I think we meet 390 391 U protects unique important historic or Scenic features it's designed to do that it's in harmony with the other the the other features and natural layout of the land 392 um does not apply 393 does not apply 394 dealing with um impact on steep slopes and wetlands um we really have to I think we have to defer to the concom on this but the is located within a flood prone uh Conservancy District within the Hun flood plane uh will be in harmony with it's going to be in harmony with the environment um 395 The Proposal does not create disharmony with the respective trrain and mod structures are not going to be creating disharmony with the the the public Area Public Access area uh 396 does not apply 397 um provides adate Green Space for recreation that's what it's all about this the whole area is planned for that 398 it's in harmony with the general purpose and intent of the bylaw as well as the master plan um it's improving the Amorous trail system and Recreation and natural corridors so um I'm prepared first of all if there's any discussion regarding those findings i' listen to them now and if there not I'd be prepared to entertain a motion to accept the findings under um to make the findings required of us under section three under Section six um and under Section 10.38 and 3.9 do I have such a motion so move is there a second second all right it's moved in second any discussion I don't miss a green bomb you have your hand up did I miss that yes I do uh typo in 10.38 Z I think it should be C on p e complement dri providing Recreation for the residents the complimentary it's CM not comp POI complementary in the very first finding 10.38 yeah the petition at least this the one I have from the packet did he read the same thing no we got the same one under the St compliments the surrounding residential uses it should be c o m p l e plary oh spelling I said ball I would think so all right good catch noted I had that written down thank you we'll amend the motion to allow staff to make Technical and conforming changes such as this if C all right so the motion before us is to approve is to make the findings required under 10.38 and the other sections that previously listed and to make the change identified by M green bomb do I have such a motion I think we already did it right so discussion yep so the vote occurs on adopting the findings chair votes I Mr White I miss green bom hi Miss Marshall hi findings are F we make the findings so we've made the findings we've made our conditions so now the the matter before the board is the adoption of the of the special permit so I would entertain a motion to adopt the special to approve the special permit um special permit FY votes I Mr White hi I miss green bom hi M Marshall I the vote is 40 sufficient vote for the passage of the special special permit application congratulations you got it it looks like a great project I look forward to its completion and and using it thank you thank you everyone we really appreciate it I I think we'll certainly be you know we'll be under construction in four to six weeks it'll take much of the spring and a good por part of the summer to get it done but we hope to maybe cut a ribbon in late summer early fall well let us know we've twice acted on this uh this piece of property we like to see it uh like to see the fruition of our work thank you very much I appreciate your time and your consideration of the of the application good thank you thank you for your work too Mr Zim um the next order business is zba FY 2019-06 Antonio Marquez Diaz or who operates mexa Kito is satisfy condition six in which a new business owner shall present to the board for review and approval at a public meeting an updated business updated management plan and any other information necessary to confirm that the use is operating within the scope of the special permit um submissions to us include a management plan um a description from the applicant of the the business model a previous special permit from when uh when from when Jake was um granted a special permit FY 2019-06 um Jake Jake was a previous uh occupant of that business at that location we have a business a seating plan from Cisco's Cafe which I think is is uh going to be the operational plan for this building we have a lighting plan as well from that time and we have two renderings of signs uh for um how the new signage will look is there anything else that we've gotten uh Rob in terms of submissions um did you mention the existing floor plan Mr chair that was submitted okay so yep and then there's also the conditions from zba FY 2019-06 that were included as well but other than that you did cover everything else okay um who's here for um the applicant is it Mr Diaz yep so I am going to promote them to a panelist right now Mr Diaz are you there hello hello maybe we should call and maybe he's giving up waiting for us well we did accept the panelist invitation so he's got to be there yeah oh he's off yeah he's there a panelist yeah his microphone just got his microphone off and you've got the video do you know how to turn the the microphone on Mr Diaz you look at the bottom of the screen bottom left yep you see a a camera icon or a microphone icon and either of them struck through with a red line on the lower left hand side of your screen it appears he's got his microphone turned on now yeah he keeps turning on off I guess just the video okay the micro we can deal with just the microphone if that's all you have can you can you speak he might have his his volume very low because you want to hear everything that we were saying before I wouldn't blame him but here so I think if you go to the um it's possible he might have the wrong microphone selected if he's using a computer so if he goes to where the little microphone button is and he clicks on the arrow pointing up phone number by any chance um let me see it's here on the um business business or home phone uh let me see I'm trying to find that uh right on the management the front of the management 609 658 2042 all right I'll give him a call and I can give you his email also I have the email as well but thank you Hilda right okay running low on caffeine you know why don't we I wasn't going to have a break cuz I knew we' get through these quicker than 9:00 why don't we take just just take a minute here um yeah just I'm just going to take a minute walk away I'll be back and Rob if you get him uh don't let him go off for it's for Mr chair uh Rob hasn't checked back in yet so you didn't miss anything thank you can you okay so he's he's working on uh connecting with a different device so he should be on shortly I apologize for the delay everybody hello Antonio can you hear me yep so um I'm not hearing he's still working on it oh I can hear you okay all right [Applause] all right everybody technical delay he's going to call into the webinar um and use his audio through his phone so we're working on it we appreciate the patience I'm sure you know this meeting is moving relatively quick with a big agenda so it's to raise your hand I think if you press so Antonio try pressing one I've also been told you may have to like swipe your screen or tap on it to see the various functions but I'm trying to figure out how to if somebody's call in how do they unmute on Zoom let me just figure that out real quick mutes on Zoom is hell hello okay so press stars did you do it we got it okay hello hello are so sorry guys it's okay it's all right um oh my God this is this is the first time that I'm using my tablet in this thing and without my wife and it was really nervous but I'm good how you doing guys it'll be it'll be easy easy from here on out all right feel comfortable now you had the heart part of the meeting already and you're doing it without your wife so that makes it even even harder oh my God believe me this is my second language and I'm I'm really nervous but I think I can do it she's taking care of my my kids so um Mr Diaz give us your name and address for the record and then proceed and uh just give us a a very brief um synopsis of why you're here to visit while you're here before us tonight yes as well as you know uh I've been working uh on town since 3 years ago uh we've been enjoying uh to serve the community in amest but uh we we find a better opportunity going to this new location uh I think uh for business it will be much better for us is because uh is not many competition or in the area and we feel really comfortable with the with the new tenant that with the new landlord there they're supporting us to to make the the project and support the project you know so that was a one of the big reasons the way we decide to move over there and you know make a cheaper cost and make better business that's why all all what we trying to do um just for remind the the way the way that we do it uh you know we we take care uh about of our team we we we create a family over here and we we really try to do our best serving the community improving the best fresh quality and good good service you know that's what we're trying to do it's it's a really tough business restaurants but um it's it's a passion you know it's a passion that we have um right now uh we we're doing uh better because we got the location in Northampton so this is doing really great uh but right now we we're trying to to make the best decisions for the companies so that's why we we decide to move over there are you going to keep basically the same menu and the same type of service that you had that you have exactly yep yeah it's exactly the same thing we going to uh it's you know like um we know that this town it's with a lot of college kids um we we never try to improve uh big parties there and all this kind of a lot of alcohol and all that stuff we always try to keep it family familiar so our operation hours in this location will be 9:00 a.m. to 900 p.m. we're going to keep the the breakfast as CCO was doing and you know we're touch and we got already running in Northampton so we're ready to serve uh three meals a day uh with the focus more the focus for in the food but you know we uh eventually we're going to apply for the liquor license because it's it's a great addition and margarita with your tacos you know yes um well I I have only one question and that is that I'm sad to see you leave ammer before I could walk to you um here same here and enjoy your your business there I um so I I hope maybe you'll return with a third restaurant of back to ammer because I I've enjoyed your location there but I also enjoy going to um Kyle's Lane so that I look forward to seeing your place there I don't have any other questions you've managed to I think you've as far as I'm concerned I think you've met the requirements of of condition six you listed all the things that are required of the management plan and the additional information you've given us a good description I I see the uh seating chart is from the old Cisco restaurant I'm assuming that you're going to keep the that means that you're going to keep the basically the same seating chart yeah exactly the same you know as as I've been learning in the past three years it's better don't fix the things that are not broke that place is perfectly designed you know that's that makes sense do any of other board members have questions all right this is a public meeting go ahead M Marshall yeah yeah just confirming there's no outdoor seating is there no we're not applying for that this year we decided that was going to be a a different story the thing is we're going to get open running soon as possible and that's not the the main thing right now so that do may be the um a public discussion in the next year yeah okay thank you Miss greenball I just want to say that your downtown lost is North ammer gain we really need a lunch place up here oh thank you thank you that's great we're going to do our best job looking forward to coming in there yeah Mr Diaz you're Los I mean it's well well I'm really happy to hear that guys all right um our job tonight is to approve or mean to consider and to approve or disapprove the U the um that he met with condition six which is he has to provide the uh a new management plan and any other information necessary to confirm that the building is being that the use is that his operations going to be the same as is approved under the use of the special permit um and I would have a entertain a motion to approve that um that he does satisfy condition six mov moved uh that's we've got it tripled so mov and triped couldn't hear not just that's good that's good move and triple awesome all right um any further discussion if there's no further discussion the vote occurs on the motion to approve the um uh request from of zba FY 201906 satisfying condition six of the previous um special permit the chair votes I Mr White I miss Marshall I miss greenball hi congratulations good luck thank you I really appreciate all of my friends appreciate all your patience muchas all right okay thank you thank you good luck thank you thank you bye-bye byebye next order of business is members of a public comment from members of the public on any matter not before the board tonight is anybody that wishes to speak on anything other than matters before the board raise your hand crickets the last order is last order of business is um other business not anticipated within the last 48 hours and in essence that's new business so um Rob normally what we do is just give us an update for the upcoming meetings and the topics that we have well Mr chair I thought we're going to be doing this part of the meeting at like 9:30 but I'm glad to see we doing at 812 instead um so in terms of coming up next meeting so our next meeting is going to be April 11th we do have one public hearing scheduled for that um it's for a uh change of use sorry not change of use change of occupancy status for a converted dwelling that was approved a few years ago um from owner occupied to non-owner occupied with a resident manager and as of right now we have nothing scheduled for April 25th but we're anticipating permits coming in we do actually have some review at the moment nothing is scheduled yet um and that's all I have when's the next solar farm hearing so that is actually on the 25th and thank you for bringing that up so that'll be one of two continued public hearings uh the sh Road solar um and then the other topic will be the continued hearing for the flag lot on Sha street so the owner is going to apply um and become the applicant as well because the deal with the applicant um fell through so he has he's taking over and we're going to read advertise the public hearing beforehand so so on the TW that's the 25th yes that's the 25th so we have we have we do have the solar yes the solar hearings continued and uh most of that discussion is going to pertain to the updated site plans that are still being finalized by the applicant and we're also going to talk more about peer review all right and that's pretty much it so we have a month off uh you have April 11th a couple weeks couple weeks but that's just one hearing so was hoping I was hoping I was ready to come before the board the one for Bel Town Road wait which one was that I'm sorry the 40 so no that one is still um they just recently did their um they recently submitted their project eligibility letter to the state and right now the state is taking feedback and I believe Rob I don't know when the deadline is for that isn't that like in April when we can submit public comments to the state yeah we're just about a week into the 30-day review period yes so we're still pretty early on we're anticipating the 40 beef WF fires to come over the summer okay yeah that's all I have all right Miss Marshall is your hand up for a reason or you just saying hi it's easier if I just leave my hand up all the time no that was a mistake so I will put it back all right well um I don't have anything else except I want to say thank you to all of you tonight um I I was not I'm not feeling very well I tried to do the best I could I kind of stumbled there a bit so Rob and everybody else helped me out and found a few for making a few glitches and so um You' taken this influenza influenza affected brain and through this so thanks so much um is there anything else any questions comments All right we got done early tonight you got 45 minutes free that you didn't plan you can watch basketball you got two games tonight yeah we can get got Connecticut and you got the Celtics they gotta undo their mess on Monday what that Monday that was a disaster how you can lose when you're 30 points ahead is beyond me but matching defeat from the jaws of Victory [Laughter] yes all right folks that was good I like that sah I gotta remember okay all right thank you all um I'd entertain a motion that we adjourn moved and seconded I think I heard two y you got two all right so moved in seconded we adjourned motion is not debatable the vote occurs on the motion to chair votes ey Mr White hi Miss green ball hi and Miss Marshall hi all right we are adjourned thank you all thanks very much thank you get better Steve feel better feel better thank you