all right all set the chair notes the time is 6:01 I call this meeting of The am's Zing board of appeals to order my name is Steve judge as zba chair I want to welcome everyone to this meeting we'll begin with the Roll Call of the zba members Steve judge is present Mr Craig madow present Mr everal Henry here Mr Philip White here and Miss Hilda greenbone here the Quorum is present also attending the public hearing tonight is Christine bre planning director for the town and Mr Roba planner for the town we have Carolyn Murray Council for us also in attendance pursuing to chapter 20 of the acts of 21 extended by chapter 2 of 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 inperson attendance of members of the public will be permitted 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 amris in accordance with the provisions of Massachusetts general laws chapter 48 and article 10 special permit granting authority of the ammer zoning bylaw this public meeting has has been duly advertised and notice thereof has been posted and mailed to parties of Interest all hearings and meetings are open to the public and are recorded by Town staff and may be viewed via the town of Amherst YouTube channel and 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 for questions 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 shair if a member of the public wishes to speak they should so indicate by using the raised hand function on their screen or by pressing uh pound n on their phone the chair with the assistant 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 when the board deliberates and is generally not an opportunity for public comment if the board feels it has enough information and time it will decide upon the applications tonight each petition heard by the board is distinct and evaluated on its own merits and the board is not ruled by precedent tonight's agenda consideration of minutes from um from uh December 21st 2023 and January 4th 2024 a public hearing on zba fy20 24-3 Valley Community Development Corporation request for a comprehensive permit under Massachusetts General Massachusetts general laws chapter 40b to construct 30 owner occupied affordable residential units located on 15 in5 duplex structures parking areas with 58 spaces common areas and other site improvements on a 9.47 Acre Site with requested waivers from the zoning bylaw General bylaws subdivision Reg ation sewer water connections approvals at 2020 ball 2040 ball Lane map 5A parcel 56 RN neighborhood residence and rld low density residential zoning districts and FC Farmland conservation overlay districts this is being continued from uh February 15 2024 after consideration of the um U 40b application there's a general public comment per per on matters not before the board tonight and after that is any business not anticipated within the last 48 hours so the first order of business is consideration of minutes from December 21st 2023 have members of the board had a chance to review the minutes and do they have any changes or alterations to the minutes from December 23rd or 21st if not I will um entertain a motion to approve the minutes from December 21st 2023 do I have a motion so move to Mr Sher is there a second second is there any discussion on the motion to approve the minutes from December 21st if not the vote occurs on the motion to approve the minutes of December 23rd 2023 the chair votes I Mr White I Mr Meadows I Mr Henry I miss greenball I the vote is 5 to nothing the minutes from December 21st are approved the next order of businesses the minutes from Thursday January 4th 2024 um does anybody have any um changes call on page four which I called Rob about all right Rob are you aware of that typo I am but uh Miss green bomb if you could remind me again what the typo was please just so I can put that down on the record c l d should have been c u NT on line four line five of page four so um is it the second bullet point where it says hild a green bomb ask if someone qualifies one okay okay as a person instead of count as a person okay we'll do all right any other alterations or changes to the motion to the minutes if not I'd entertain a motion to approve the minutes from as amended from Thursday January 4th 2024 so moved is there a second I it's been moved and seconded any discussion if there's no further discussion the vote occurs on the motion to approve the minutes the chair votes I Mr Henry I Mr Meadows I Mr White I miss greenball hi the vote is five nothing the minutes from uh January 4th are approved thank you all uh the next order of business is further consideration of zba FY 202 24-3 Valley Community Development Corporation requesting a comprehensive permit under Massachusetts general laws 40b to construct 30 owner occupied affordable residential units located on a in 15 duplex structures and 58 parking spaces common areas and other site improvements on a 9.47 Acre Site um 2040 ball Lane um the first thing we need to do is go through the additional submissions that we have and we can do that by going to the project application report which I think you received earlier there's several um there many updated plans which we've received from the applicant I'll just read them quickly the storm water pollution prevention plan was updated February 21st the storm water operations and maintenance plan was updated February 21st um site plans including C2 which is the existing conditions C3 demolitions C4 site plan design C5 grading plan C6 storm water management plan C7 up utility plan C8 lighting plan C9 soil erosion and siment control plan C10 through 15 or construction details see um uh L100 site materials so up to that point they were all updated um March 5th 2024 L100 is site materials l101 site layout l400 is planting plan l500 is site details l500 is site details again those are all updated February 21st 2024 um and there are no other updated submissions have we received any submissions or public comments Rob since our last meeting no public comments um and I believe any to comments nope no further comments from public or town so no further submissions that we know of nope all right great um I guess I should ask if any as I do Does anybody have any um declarations or disclosures to make in start last meeting if not here's what how I think we should go about today's meeting to be as efficient as possible to try to get this accomplished U and hopefully we can um make our decision on this on this project what I'd like to do is go through updates that we requested at the last meeting and there are several of those have update those and then um we'll have public comment because we'll be in a public meeting after that I'd like to to um to look at the conditions oh first I'd look at waivers there's two changes to the waivers adopt or reject the waivers through our consideration next go to conditions work through conditions and I'll try to break those down into manageable parts we don't we won't consider all 75 conditions all at once try to break them down by substance or at least by a number of some manageable number and then we'll do findings which because I think the conditions are the things that allow us to make the findings and so that's the way that we'll go through that and then at the end of that if we complete that tonight then we have a vote on the project so that's what how I intend to U proceed and I think that's the most efficient way for us to do it tonight so at our last meeting the updates requested included an update on the conservations committee commission's consideration an update on the waiver request list discussion of the anr plan for the abing house ev spaces number of units on which the local preference could apply how eligibility is determined for nonrelated households and affirmative obligations for outreach and financial counseling um in the uh in the in the Outreach plan for the um um Outreach to potential applicants so those are the things I that I recorded from last meeting that it be need we need updates from and many of those were coming from um Valley CDC so if if I think the most important thing would be to have Miss Allen um go through that first start off with your uh experience at the Conservation Commission and if you're completed with that or there's more work to do and please for the record give us your name and address as you've done several seven times before on this application Jessica Allen uh real estate project manager um at 256 Pleasant Street in Northampton Mass and is Miss Theo also with you yes she is and Miss Theo can just so we can make this as quick as possible could you give us your name and address as well for the record in case you want to add something sure hi Rebecca tibo uh from dhy Wallace Pillsbury and Murphy State Street in Northampton Mass thank you all right Miss alen tell us how the what happened with the Conservation Commission so we received our uh approvals from the Conservation Commission at our last meeting meeting and we have um assigned order of conditions which I believe was in your meeting packet um so we had to amend the site plans and I'm happy to share my screen and just give you a quick overview of of what it was it's mostly storm water um so would you like me to do that right now would that be helpful that'd be helpful now just so we understand it those are mostly the things that came through on the 5th of March right the updates on theth of March okay yep um see just get the right one here okay can you see the site plan yep okay perfect so um we needed to because we had some some uh High groundwater in what had been the uh previous infiltration Basin um we had to do a redesign of the storm water so essentially this site plan doesn't look all that much different except for the storm water system so none of the buildings changed um none of the pathways changed the parking didn't change all of That Remains the Same um what the major change that happened was the redesign of the Basin so the Basin has been moved closer to the intersection um and the reason we did this is otherwise we were going to lose these trees so um we spent a lot of time working out a design um that would enable us to preserve these large trees and keep those as part of the site plan um by still accommodating the the um storm water needs of the site so how we were able to sort of reduce this is that these um common areas will have about a 6 inch drop into them so they'll remain flat on the inside so you'll see that there's a grade line here this grade line right here so you there's a slight change in the grade um and that will allow water to um infiltrate in these areas during um heavy storm events the storm water will not be there more than 24 hours um and this would having each of these little areas be kind of a pocket infiltration area allowed us to modify this design shrink it in size and then also move it so that we were able to um get it into the area of where there's a lower grade and preserve these trees so that was the that was the major change from the site plan um it looks fairly simple in terms of the site plan but I will tell you the Civil team spent a crazy amount of time coming up with this design this design uh the site is was a little bit more challenging because of the high groundw than they anticipated so um it it took several weeks for them to sort of work out something that made the numbers work so I think one of the questions that had come up in the past is with the storm water design how much impervious Square footage remains on the site for any future um development so further calculations there's about 3,500 ft of impervious surface that could be accommodated for any additional items so if there's any questions about the site plan or I just please let me know the question I had was on the additional imperious area and advance that um Miss green bom um some of those areas were expected to be like Gathering areas for people to sit can they still be used for that purpose or absolutely yep yeah the the water won't collect there for a very long period of time so we anticipate that these areas will kind of have a dual purpose they will still be um pocket Parks pocket pocket green spaces for the neighbors and for the community but also will serve as um small infiltration basins in order to reduce the impervious flow um to the Basin thank you all right so it the long short of it is the concom commission gave you the required approvals and we're ready to move and you as far as they are concerned and you're concerned we are ready to move forward on the site plans in in terms of a storm water correct mitigation okay yep the next item is we had to update the wer requests um there were a couple that that came from that I see in the project the draft project application report both of those relate to the concom work um we'll take get a chance to look at to vote on these at a later point but they're the last two they're in red um that I don't think there's much explanation needed for those is there miss alen pretty straight so it's just that we because of the the shift in pushing the Basin to save the trees we um Disturbed we're proposing to disturb more of the 50 Foot and 100 foot buffer area to the wetlands and the town has a local Wetlands bylaw that set certain percentages of alteration of those buffer areas and so we're slightly over those um alteration numbers so that's why the waiver is being requested and the one that's kind of significant it's not so significant to go to from 20 to 23.5 but the one that is significant is as opposed to 50 ft of area there a 5 foot but the um stor water buffer but the com Comm has looked at that and said that the grading and other things are sufficient to provide um protection to the wetlands right correct and then there's you know um there's a erosion control plan that will prevent any impacts to the Wetland while we're under construction all right any questions about the uh those waivers from any board member if not the other thing that we have is a discussion of the anr plan for the abutting house this gets really complicated but what we what we requested at the last meeeting is that we find a way to um uh to allow this to happen by using the 40b process and um I've talked with Rob about this it's a it's Arcane Byzantine law that deals with the 40b I know that they worked hard on this I think the bottom line is that uh and you can describe it if you want your Rob or Carolyn or Christine you can describe it if you want but I think the bottom line here is that we figured out a way to meet the needs of the neighbor meet the needs of the applicant and the town is comfortable in providing this uh flag lot is there anything else that we need to know about as the board Caroline or or Rob or Christine we need to know about the um anr uh plan for the abing home so um Chris do you want to answer that or do you'll me to take a stab at it I um I just I had a question about that um when I look through the list of requested waivers there's one that says based on Rob's confirmation of dimensions for an anr lot it does not appear this waiver is needed that's waiver what is it 4324 I guess I would just say leave it in anyway in case it is needed we're not absolutely sure so I would air on this side of caution and leave that waiver in there okay so objects I don't object to that but I you know what I miss bre I think I don't see that in the the draft project application it's 4 point what um it's section 4.32 4 it's on page 29 of the decision I know you haven't gotten to the decision yet but let me see if I can find it in the um yeah it's not in the Draft application draft project application report I don't think you're right it looks like it was dropped it was dropped would you like to put that back in is that what your I think so I think because there's confusion about the anr I would just prefer to put it back in in case it in case that anr needs that waiver that would make me feel more comfortable but this is the um the section right here that was taken out Miss BR was referring to right that's what I'm referring to I just you know belt and suspenders and all of that I feel more comfortable having it there and maybe we won't need it but makes me feel better to have it there that's 4324 all right is any but all right thank you that so when we deal with um the waivers we consider the waivers at a later on in the process we'll remember to do that okay any other questions regarding the waivers last next is the EV spaces uh I there was a there was some confusion there's also a waiver request that needs to be made to the state can't be made at the current time has to be made later you guys came up with um in discussion with the town staff you came up with a mechanism in order to um see if you can get a waiver from the state is that correct yeah that's correct so we had a meeting with um town planning staff and uh building department to discuss what was the best approach forward and so uh the consensus was was to leave the EV space design as initially proposed so having metered dual head um uh F head meters there for people to plug into rather than meeting the stretch code requirements which doesn't the building department agreed the design doesn't really match this project um it's they're just kind of offset so we will move forward with the variance he has agreed to put forth the paperwork that he needs to do in order for us to move forward with the variance at the State Building and that's reflected in condition 54 as amended I think in the in the decision document yeah all right so we can discuss the the U the relative merits of that or the details of that when we get to condition 54 but it's been um you guys worked on something to regarding that um next item was the number of space number of unit to which local preference could apply we had some confusion we what the understanding was you were Miss Allen you were going to go to the state I think and since they they are not the Commonwealth Builders the state is the one that controls how many units um would local preference would apply to which type of units can you tell us what you've learned and what's the deal there sure and I believe a copy of the email was in your meeting packet as well um so we went to mass housing's 40b program our Pro program contact there and asked the question and her response was that the local preference only applies to the 80% Ami units so that's 10 total that's 10 units right total yep 10 units well if I may Mr chair yes yes please local sorry uh the local preference as you know the maximum is 70% so be so it would really be the seven units if you remember at our last meeting we were debating whether it was seven or 21 and the correct number would be the maximum of seven if you choose to go to the local preference right it's 70% of 10 yes good yeah all right um the next question we had was how is eligibility determined is there any question about the I don't want to leave that without yep H Hilda has her hand yep go ahead Miss greenball um I'm still confused about local preference when they say seven units is that a guarant more or less or is that an upper limit of number of people from amest who can live in the 30 unit and do what's the difference between if we have local preference or don't I know you gave the chat last week but I'm confused so if if we have local preference than seven of the 10 80% Ami units can have local preference which would be the third category after number of um family members and living in a well or whatever they're called the new name all right so if you get the seven does that is that an upper limit to the number of amorous people or can some more am people move in under either condition if they fit the other categories or for for the other for the other units the 100% units can they be or we limited at just the seven I don't understand how it works is what I'm to say so if there were ammer residents who lived in the qualified census tract and met the number of household limits for the bedroom count that they were requesting they could potentially names could get pulled from in the lottery process and they could be selected for a home in addition to the seven yes but so with that seven though if you recall this is a tiered um process not a pooled process like a rental project so if say there were not seven eligible households that were able to qualify for mortgage and met all the requirements under the Commonwealth build a program having assets under $100,000 and all that stuff um those you kind of get just one chance in that in that tier and then whatever is not filled goes down to the next tier so it's kind of it's a cap not not a guarantee as we disc it's entirely possible that local preference doesn't even get used that you have 10 PE 10 applicants that can be satisfied tier one and tier two and you don't even go to tier three being local preference correct correct yeah but but I'm you know I'm still confused so we gonna talk about more of this later yes yeah we're gonna have I'm sure we're gonna have a long discussion about it um okay Y and I'd like to have that when we get to the will be one of the first conditions we will be talking about so we'll have that in a few minutes any other comments on um on the local preference determination to which units local preference applies all right next is how eligibility is determined by not for non-related households and I think that was the case where you didn't have you had an unmarried couple or you had other unrelated people living in the same house um where was well I I've I don't remember the exact question that was posed at the time but I know we want to get some clar clarity as to how you figure household income for unrelated so household does not have to they do not have to be related parties they they just need to be individuals or co-tenants got it and in this case co-owners and in this case co-owners correct okay and meet all the requirements under the Commonwealth Builder program so they firsttime home buyers not having um being income eligible um as a household and not having combined assets of over a 100,000 I mean yeah 100,000 okay okay and last next was affirmative obligations for outreach and financial counseling I noticed that there were some changes to the um we got a copy of the the springing agreement which is the first time I've ever heard that term applied to something the springing agreement and I also have some a further thought on that but um we've got the information we also have I think uh in findings there's another or some place there not not in findings but um in the conditions there's another amendment which deals with this so we'll have a chance to talk about this and you provide us some additional information or some additional language so those are the the uh items we asked for we got most I don't think there was anything else that we had requested from the applicant or from the town or from Miss Murray to clarify our uh consideration of this matter and since we've done all this and the next steps are to go through waivers conditions and findings what I'd like to do is go to public comment now and have public public comment um unless there's any other questions from board members and then after public comment we'll go into the public meeting while keeping the public hearing open in case we need to gather any additional information and then we will begin our deliberation on waivers conditions and findings is there any objection to that all right let's see if there's anybody from the public who wishes to comment on the the application before us Rob I haven't looked at yet do we have any attendees who wish to comment seeing people from the applicants project team uh not seeing anybody else raise their hand yeah I would say safe to say no public comment all right at this point we've see no public comment um I would entertain a motion that we move to the public meeting while keeping the public hearing open in order to gather additional information if we need it do I have great thank you Mr Green bomb is there a second second moved and seconded is there any discussion if not I would call the vote on the motion to move to a public meeting while keeping the public hearing open the chair votes I Mr White I Mr Henry Mr Henry hi Mr Meadows hi Miss greenball hi the motion passed on 5 Z vote now is the time for um is the time for the board to liberates the um the matters before us conditions waivers conditions and findings it is generally not a time for public comment if there is a public comment if there is additional information to be gathered the board has it the board at at my discretion or at your discretion um can gather additional information and seek additional public input but this is a place where we deliberate um the merits of The Proposal before us all right so in this public meeting I think the first thing to do is to go through the waivers and uh most of we we've been through the waivers last week except for the two new ones and the um and the the BTS and suspenders that um Miss breast wanted could I miss breast your hands up what did I forget two things I want to retract my earlier statement about the belt and suspenders I Now understand why that waiver was deleted and I'm happy to have it deleted so I'm sorry for kind of wasting your time with that but I also wanted to um ask if anyone has missed a past uh session of this public hearing session um and have they um attested that they have watched the video and you know reviewed the material and therefore are eligible to vote so any of you who have missed a past public hearing session have you done that I have not missed one on this Mr Meadows did submit his um his mullen's real form and Craig I think you're the only person that might have missed a meeting because you missed one back in January right correct yeah so he he did get that form to me a week before the last meeting in February um Mr White Mr Henry you guys didn't miss a meeting right no and Hilda I know you didn't miss a meeting so no I've been here all right thank you thank you very much all righty good to check thank you thank you Mr brro all right so I don't think there's a unless I'm I don't think that there is a need to have a long discussion on the waivers the two that are out there today that are new that we haven't discussed before has been described by this by the applicant they're the last two in the draft project application uh report um they deal with the outcome of the the concom there's there in Red so I would entertain a motion that we uh Grant the waivers as laid out in the draft project application report dated March 8th 2020 which includes these two new ones in red um do I have such a motion so okay I got a motion and it sounds like I got a second as well from Miss scen bomb yes yes all right discussion on granting on the motion to Grant the waiver request as I as outlined in the draft project application report okay if there's no discussion of the waivers I the vote occurs on the waivers uh the vote occurs on granting the waivers the chair votes I miss green Bal hi Mr Henry hi Mr Meadows I Mr White I the vote is five nothing uh the waivers and the motion passes to Grant those waivers the next order of business is to is to move to consideration of conditions and I think the best way to do that is to go to the decision document the draft of of March 7th 2024 um it looks like yeah do you have that up Rob and it begins on page I think 10 of the decision document yep so I actually have that on the screen Mr chair I believe at a previous meeting at the last meeting it was uh did we we went through conditions one to8 I believe we went through condition actually we went through conditions one through 10 we did not we tentatively approved condition tentatively it's not formal we approved conditions one two um four five six nine and 10 so we did not tentatively approve conditions [Music] um 3 7 and8 so what I what I would like to do is take the conditions that we've tentatively approved and discussed at the last meeting and approve those conditions here and then begin discussion on conditions three s and eight which includes the um local preference Provisions so do I have a motion to to approve conditions 1 two four five 6 9 and 10 11 and 12 uh at this point so moved is there a second second is there any discussion the vote occurs on the motion to approve the state conditions um the chair vs I Mr Henry Mr Henry Miss green Bal hi Mr Meadows hi Mr White hi um Mr Henry can you hear me no I can I'm having very bad internet issues tonight I'm sorry that's okay look like got it it looks like at times it kind of um flares out or it it it does um you lose connectivity it seems yes I'm trying to get on my phone but um I I vote I if you heard that all right thank you so Mr um Mr Henry can I make a suggestion um try turn off your video that actually help a lot with your connectivity issues I'm sorry try turn off my video yes I'm doing that periodically um all right so the vote was F was five to nothing we've approved the listed conditions now um would like to discuss um the other conditions with in the first 12 the first is a regulatory agreement um we've gotten a copy of that regulatory agreement it deals with the local springing regulatory agreement um we didn't discuss this because we were waiting for to see the regulatory agreement that the town has uh and I I've reviewed it it seems to make sense I don't think this is the place to talk about additional um I will propose an at a different condition some additional language but this regulatory agreement seems to me to work to be fine I don't have any have any questions about it Miss Brasher Miss Murray do you have any questions about the condition as amended before us if I may Mr chair I know our last meeting there was some question about whether or not the town could be a party to the regulatory agreement between Mass Housing and um and the applicant and we can um but the local as you as we call it the springing regulatory agreement would also be a adult and suspenders approach where that would only kick in if something were to happen with the state regulatory agreement okay and this this accomplishes that right yes it does okay so we'll try to avoid voting on individual um conditions as much as possible but we've got this one before us um unless there's any questions about the effect of this uh I think it's this may also be belt in suspenders um I entertain a motion to approve condition three so moved is there a second second all right it's been moved and seconded any discussion if not the vote occurs on approval of condition three as amended uh the chair votes I Mr White I Mr Meadows hi Miss green bom hi Mr Henry hi all vot is 5 nothing condition three is adopted can I ask a dumb question yeah what's belt and [Laughter] suspenders it's you know it it's it's h being overly cautious and extra prepared so that oh okay okay so that not only do you have a belt on for what I think of it as not only do you have a belt on to hold your pants up you got suspend in case the belt fails okay that's what that's I never heard it before so I thought I would ask well it's kind of like malari from the president it's it's older I I think of as as an older uh saying Yeah well yeah everybody wears jeans now so we don't wear suspenders anymore right all right um the next one is the I think one that we will want to spend some time on and that's local preference um we had a long discussion the last a long discussion at the last meeting on local preference I know there's still some questions regarding local preference and and um how it works and how it applies and the and most importantly the effect of local preference on um different populations so um at that time I expressed the support for local preference I think that it's um as I said at the time I think it helps number one to um provide public support for these kinds of efforts where we use Town resources um and I think it's important that we do that do this kind of e this kind of programs and this kind of assistance to um households in in the community and I think it's important that the town continues to support those efforts and one way is to have um a local preference for people who either live here whose children go to school here or who work in amest um I also think that there's been you know a really thoughtful analysis of this by Mr Henry that this um con that it at times in the past local preferences and other zoning laws and Zoning Provisions have worked to exclude either intentionally or unintentionally exclude people of color and others um who are who have been economically disad disadvantaged uh from housing opportunities I don't think that's the case here I think that the case here is that it if there is a if there if we get to the third tier in these in the seven up to in the 10 houses and if we get to the third tier it means that someone who has met the met the local PR met the the right-sized household number one who has met who lives in a qualifying um census tract or who meets the um traditionally disadvantaged criteria and who also lives works or has children who go to school in Amherst has a bit more has a better chance of getting the the app the unit than person who does not live in Amherst and I would be really concerned if Amhurst was that this preference and this limited preference for people who live work or have children that go to school here was in a community that was uh that had like Hadley had a very very small population and that the qualified census tracks in Hadley had a small population of of of bipot people I'm less concerned in about that happening here because I don't think it's the intent I don't think that anybody who intends to to implement this program would allow it but I don't think it would be the unintended consequence of excluding people from um people of color in the um in the application of this this program in fact I think that for people in this for popul towns around us we have more bipac people in our town than we do in Hadley or belra town or other towns that are close by uh they wouldn't meet they wouldn't those towns wouldn't meet the qualified census track any belter town I think would but the other towns would not meet the qualified census track I think we're looking at a very limited effect from local preference but I think it's important to have it for um for political reasons and quite frankly to sustain support for the for the programs like this in the future so I kind I'm in favor of a 70% local preference um and I think that the the um examples that were given by the applicant last week show that the effect of this is small but it it could it could provide somebody who lives works or has children that goes to school in atmer with a a preference over somebody who is not live work or have children in school in amest it would still though have to be meet the household size they still have to live in the qct OR meets the DHI di uh requirements in order to qualify for in order to have the benefit of the local preference that's where I'm that's where I've come down on I've thought a lot about this over the last last month I think this is a hard decision but um it's where I come down at this time so I'd like to see if other people wish to speak to this issue Miss greenball I'm still confused as I said before um they only apply to the 80% so does that mean that only seven people from amest can live in the 30 units or is that guaranteed that seven will be pick for the 30 how does it work I mean I understand about the third tier but what happens like there are only 30 applicants and they all come from ammer can they all have a chance at at getting a house how under either scenario vote so let's let's take these one by one so your first question is if you have 30 people applying for the 10 space for the 10 80% spaces and they're all from amorist can they all and they all meet the qualifications of level one level two and level three if there is local preference can they all would would we be able to have 10 units of 10 the 10 units have ammer residence in them I think the answer is yes but I'm going to leave that to either Miss Allen or Miss Murray to to uh tell me how that would work 30 applications all meet tier one two and three including local preference would we have 10 people from amoris in that case if they're all if they're all applying for the 80% Ami if they're household income is 80% Ami or less not all 30 will be there because you need because there is 20 homes that are for 100% Ami and less so um so those folks that um that if you filled those seven slots Miss Alan can I just stop I think your question was we're just dealing with the 80% okay okay so we have 30 people 30 applications for the 80 for the 10 units the 10 80% units the only place that local preference can apply right so if we have 30 applications for the 10 units and they all meet one two and three if we have local preference would there be 10 uh local prep could there be 10 local uh people in people who meet the local preference qualifications living in those units or they artificially limited to seven so the assumption is that in that those 30 applicants there's no other households from any other community all of the households are only from nowhere else that's M that's Miss green bomb's question I think yes is it yes or no I don't understand what did she say he hasn't answered it yet she's gonna answer I haven't answered yet because I'm trying to understand what the question is I mean I think to some extent these are unrealistic scenarios that we're playing with you know I I don't think that there's going to be a case where you're going to have only 30 people first of all probably applying for 10 homes and all of them coming from ammer you know we are doing a robust marketing plan and we're and we yes we will be doing targeted Marketing in Amorous but we're also going to be doing targeted marketing and other qualified census tracks around the region so um you know we can we can we can answer these questions but I'm not sure in the reality of the scenario of it's act how it's actually going to play out whether this is going to make a difference or not so I mean if you only had 30 applicants and they were applying for the 10 80% Ami and they were all from ammer you would go through the seven local preference you'd go through that that selection and then you would continue to select for the the remaining three homes if they're all from ammer then yes they could all be from ammer I think I think the reality of that is unlikely but that is the answer no but I mean that that that that's why I'm and if we don't have the local Preference they could still all be from amush correct if they live in the qualifi Sens TR I want to I want be clear that when you're talking about local preference for ammer you're talking again about people who live in the qualified census tract right you're not opening it up to people who live outside this qualified census tract if you're approving local preference all you're doing is is bringing up um ammer above somebody else who lives in a different qualified census track um you know the town of wear Green Field all right so what about the what about the 100% units can they be from any well they have they still have to pass number one and number two correct and they could live in a qualified census tract in ammer and they could be 100% Ami and they will be placed in the lottery with everybody else that qualifies under those two top categories okay so it's a lottery after the seven affordable no no no there's there two there two lotteries there's two pools there's the 80% pool and there's the 100% pool and in the 100% pool there is no local preference correct correct local preference there is in that 100% pool of people who are applying for the 100 for 100% Ami there is no local preference so they only have to meet one and two there is no three okay it's becoming clear the reason I'm confused is because I watched the videos for the on the website for Commonwealth Builders and it looked like the the people who were living in the homeowners units were people who had been previously living in rental units in the same neighborhood that's that's why I which is correct but those are also communities that have a much higher concentration of people of color than the town of ammer these are this is rockberry this is city of Boston that's where commers is typically that's where the project active projects are so those those are communities with a with a higher percentage of people of color than ammer and so local preference isn't isn't necessarily something that that Commonwealth Builders has not seen local preference yet on a project this is this is unique to this to this program that's why it's taken a long time to get answers because they haven't had to address this yet yeah well that that's that's why confused yeah so they don't have a l local preference in rth Berry and they're all people from the neighborhood correct so that could happen here too it could yeah well I think I think my confusion is settled now I think I get it great good all right thank you Mr bom um who else wishes to speak to this matter are there other comments from board members on um number seven condition seven if there's no further discussion uh we could have a motion on approving or denying or or or not approving the local preference in number seven let me just skip the language of that hold on a second Steve Miss B has got her hand up oh miss bre yeah I just wanted to note that Mr Henry is um kind of here dually he's on the phone and he's also um on Zoom but he doesn't have his um image available so I wanted to remind him that if he wanted to speak I don't know if he can raise his hand in the condition that he's in but if wanted to speak he should press star n on the phone that's all I wanted to say thank you or Mr Henry if you can try to get the I know this is something that you are very interested in and I don't want to preclude you from having a chance to discuss this can you unmute if you wish to discuss um can you not hear me there we go y now we hear you no so no um the phone gives me continuous audio but I can see you on my iPad so I'm very into the discussion so thank you though okay so if there's no further discussion on this generally I would yes Mr White I would we could have a motion to approve this and then have discussion on the motion uh so it's not it's not the end of discussion on this if we go to a motion to approve this it just restricts the discussion to whether we should approve it or not but you can discuss all the positive aspects or negative aspects of it I think we should do that and get into the discussion of the actual condition so I would entertain a motion that we approve condition seven with a 70% local preference is there a second second we have a motion and second uh the vote occurs on the motion I mean not no we have now's discussion before we have a vote now it's discussion on the motion ahead of us um so Mr White you had your hand up and then I'd go to anybody else that wish wishes to speak Mr White yeah thank you Mr chair no I think what really cleared it up for me at least was the correspondence that we have that where we now have firm um kind of more firm grasp on the actual numbers to where we know it's going to be seven units um that cleared up a lot for me so I'll be supporting this just thank you Mr Henry I I want to make sure to give you a chance because at last meeting you spoke strongly F strongly about this um against this and I want to give you a chance to speak I did and and thank you um my position has not changed I I have spent um more time during the research on the negative impacts as well as the historical um situations that has been created um intentionally and unintentionally because of um local preferences and so um I I my position has not changed I will not support the local preference even though it is a small number as clarified by um valid CDC okay is there any other thank you Mr Henry is there any other comments discussion if not the vote occurs on whether the board will accept condition s providing for local preference at 70% of the 80% units 80% of Ami units um the chair votes I Mr Meadows hi Mr Henry no Miss green Bal hi Mr White I the vote is four to one um in favor of condition 7 uh so condition 7 is adopted condition 8 dealt with an affirmative fair housing uh marketing plan um I at the last meeting I expressed some concern I wanted to make sure that there was a lot of Outreach and that there was Outreach that also included information that Pro that provides um information to potential applicants about a host of programs that can help people people qualify for this there out there there are there's down pay there's some kind of down payment assistance there's fa there's VA FHA there's VA there's some State programs there's private there's non-governmental private sector programs there not as many as there should be but some banks and others can provide help to people to meet the financial obligations um Beyond just kind of credit counseling and financial literacy and I thought it would be important my concern at the last meeting was it'd be important to just list those as things that a marketing plan could include and I thought it would be helpful to list those so I like condition 8 as amended you have it in your packet it's a it's Rob you want to put up condition 8 as amended let me just uh switch around my documents real quick all right came back there we go so this does respond partially to exactly what we talked about at the last meeting at the last meeting Miss Allen said that they've are in consultation or conversation with DVM housing Consultants regarding marketing and our Villages regarding fin financial literacy both of which I think she said were um women-owned companies in Boston and the only thing I wanted to add to this condition was the following sentence and I can provide this um to Rob afterwards but the following sentence the marketing plan shall include the provision of information to eligible potential applicants regarding financial assistance available to help them qualify including fhaa VA other federal state and local programs down payment assistance as well as non-governmental assistance so it wouldn't require that they um put that it just require that they to the extent that they can provide the information about other programs that are available to um potential applicants for the program so I I throw that out there I'd like to get um Miss Allen's reaction to such um incl it's included but not limited to kind of language um so I'd like to get Miss Allen's reaction to that and then we can discuss a potential amendment to condition eight sure I mean I don't think it does any harm we would do it anyway I mean that's what we do um our first time home by our counselor she knows every pot of money every good mortgage programming I mean this is how we get people in homes is by knowing all of the programs so um I I don't have an issue with adding it I would just want to maybe flag if you're going to list a number of programs that ammer has a reparations committee that has already discussed about offering down payment assistance to potential eligible home buyers and I think it would be of benefit to list that if you're going to list a whole bunch of other programs to list the reparations money as well that would be great I mean that was my um down payment assistance reference but I I didn't specifically mention that one as as opposed to some other one I'd be happy to put that in as a friendly amendment I would take that so both down payment as well as Amorous reparations committee down payment assistance yes because I don't think the committee has really ided the process yet is is the last my last understanding I think they were still trying to work out those details on who would be eligible and how how it would work so um you know without having details of how the actual program works I think it'd be worth just flagging in there okay all right I would yes Mr Henry I I think you're um you're you're Frozen Mr Henrik try try speaking again can you not hear me now we can now I can hear you okay so um in keeping with condition eight I think it's a great idea having this um resource in there and my question for attorney muray is that I do imagine this will be the last um affortable Home Project in Amherst and I think something that would benefits the town when this comes up again is having some kind of data to say we did this the last time here was our pool and here is um who applied and how they qualified did not qualify the question is can there be a disclaimer added where Valley CDC shares that data with the town with of course the applicant's consent or or applicants consent and their identities protected I would suspect yes yeah or hidden their identity is hidden I think you have to miss alen I think there's a condition that requires a provision of this kind of information to the town is there not I'm sorry so the question was what that that we already have to do this I I thought there was condition that required this kind of information if there not not there I'm not opposed to a condition that would require um sort of at the end of the the selection process a report to the town of how the selection process was completed and how it was done sure I don't remember that language being in there I'm sorry attorney Murray go ahead sorry I'm trying to help out if I could just jump in the applicant is required with respect to the units that are going to go on the subsidized housing inventory there is a condition in here you're right Mr chair that the applicant is to provide any paperwork necessary for the town to then submit that those units for inclusion on the Shi I think Mr Henry's question goes a little bit more broadly where it sounds like he wants to know how did this Outreach actually work and what kind of results did it actually yield um so that's a little bit more data than we would typically gets but to your point Mr chair that if the applicant is certainly willing to share their experience with us um I would suggest that absolutely we don't need to know people's identities um we just need to know you marketed you know in however many communities however many newspapers however many you know Outreach programs uh were conducted and where they might have been conducted and then out of that you know how many people came how many people actually wound up um submitting an application how many of those people perhaps um ultimately were able to purchase a unit in this project I would think I certainly don't want to speak for Miss Allen um but I would think that that type of data uh with sensitive information like that redacted um I think could be helpful for the town for future projects we could we could get some broad brush data and information but know again in terms of just personal information and personal income you know I think we would want to respect the homeowners privacy we don't ask this rate buyers you know so to to put that um but we're happy to provide some broad brush I think number of applicants applicants that maybe were qualified maybe those that weren't qualified maybe those that started to go through the process and then bailed because of whatever reasons you know we're we're able to provide some of that broad brush information um so before we have any more comments I thought Mr Henry would you be willing to write that just write up what you would like to see as um a sentence or two we can come we can consider it whenever you are have finished it if you can share it with us you write up what you'd like to have done as um and then read it to us and if it's something that the board agrees to I think we could incorporate it into the conditions but I'd like to make sure that it's what you would like to see and that the board and the applicant and our attorney has kind of looked at it so I'm inclined to support it but I just want to have the language that's that's helpful and it's precise so can you work on that during the course of this meeting and then bring it up to our attention I I can yes great why don't we do that and then I know there were a couple other comments that were coming but um I think Miss thebo was gonna speak and Miss green bomb so miss Theo do did you still wish to speak sure thank you um I just am sensitive to um too much being asked of Valley CDC um particularly with respect to if they provide all of this information will it then actually be used um you know if there's not a process already in place for evaluating it um you know it sounds like perhaps they're they're willing to do it but I just hope it's not too extensive and too burdensome for them I think if we get some specific language we can evaluate whether it' be burdensome or not and that's maybe Mr Henry can provide that clarification to his Amendment so the inent is not to make it um burdensome and I and I imagine that um some of this information will be easily and readily available on a person's application um in terms of demographics and things that I think would be relevant for future projects but um I I think what I'm getting at is to say um we just approved local preference and it would be nice to see how or if that actually worked for next project development and how many people if possible didn't qualify as a result or did qualify as a result okay and of course yeah and and of course um again with just trying to gain some perspective in terms of how we Outreach people and who we targeted and from that Outreach how successful it was and again this is meant to be for improving what we do not meant to burden okay I I will like to respond a little bit in that the the affirmative fair housing marketing plan actually does set very specific information about what newspapers we're Marketing in our Target audiences radio stations I mean it's pretty detailed in terms of the marketing plan so that has to get approved by Mass Housing and we're happy to share that with the town once it's been approved by the state agency so that you can see what we're doing um so I just want to note that that's already going to be accomplished in terms of our marketing strategy in that plan okay so thank you so that's already in place thank you y m green bom yes I I wholeheartedly support this proposal by Mr Henry because I have wanted to know all these years for the amount of tax money Amorous people are spending on affordable housing whether we're actually providing housing for people who live and work here because on the globe every single day there's you know feedback from the towns on the on the NBTA that don't want to do their fair share and we're doing more than our fair share and so I have wanted to make sure that we are benefiting by spending what little land that we have left that's buildable uh and submitting not you know our tax money in various categories um on affordable housing that our needs are being met because I get the impression that our needs are not getting met no matter how much we keep building and uh I think this is good information to have if only for political propaganda so I I would push to so that makes sense so let's do this um Mr Henry's going to come up with with a condition or an amendment to a condition we'll vote on it when he when he can relate it to us um but what I'd like to do is just take condition 8 approve condition 8 as with and I like to put the amendment as amended by um the inclusion of amorous reparations down payment assistance before the uh committee the board and um approve condition 8 as amended by my um by my sentence and if you want me to read it again I will but I think you all know what I was was doing so I would entertain a motion to approve condition 8 as amended who also include the amendment suggested by Miss Allen about ammer repar to include the ammer reparations down payment assistance program do I have such a motion so Mo I have a motion in a second is there any further discussion if not the vote occurs on approving condition 8 as amended chair votes I Mr Meadows I Mr White hi Mr Henry hi and Miss greenball hi all right the vote was five nothing um that's been approved so condition eight is as amended has been approved and again when Mr Henry comes up with something we'll we'll take it up right away um 9 11 and 12 have already been approved Now we move to to uh Part B in the uh conditions Part B is basically utility conditions I would I'd like to deal with from condition 13 to condition 19 and they're basically what all of them say in essence is you got to do what the town says you have to do you got to abide by the rules of the Town um and your the applicant is require is responsible providing the information providing all the approvals for the uh contain in this decision um it simplified some of the um requirements that were in doesn't listed specific fees it talks about the storm water features that uh the the project shall not hold water for more than 72 hours they say that there's for 24 hours and the applicant when applicable the homeowners association shall comply with the operations and management plan for the on-site storm water system that is the one new I mean sub substantively new provision uh new condition included in conditions 13 through 19 um is there any discussions about conditions 13 through 19 yes let it on the screen for a little bit so people can um digest it Mr Meadows I I I'm not certain where to add it or how but I would like to add something that indicates as as all building projects go there's always something that goes a skew and if there are changes necessary to the as a result of conditions that are found during construction or just prior to it that there be some way to modify this so that we don't have to come back here to do a modification so I think that's a really good point and I think there is a provision there is a provision here which I'm looking to find a condition that allows The Building Commissioner to make those and it specifically lists the kinds of uh okay if you look Mr is that 26 26 it's 26 Mr Meadows take a look at condition 26 we're going to get to that in a second I think that might resolve your problem but I'm not sure so if it doesn't we can we can deal with your issue when we get to condition 26 okay very good all right that's a good point so again anything from 13 to 19 any con questions concerns amendments all right I think this these are all pretty straightforward so I would entertain a motion to approve conditions 13 to 19 as contained in the draft project application report do I have such a motion okay and I have a second it sounds like m scen bom yes any further discussion not go ahead yep M Mr Meadows I I'm a little confused by 18 okay uh it it says that it shall not hold water for more than 72 hours and yet indicates that uh in the event that water collects for more than 70 two hours so uh it seems to be a contradiction right there oh so what it says that if it does hold it longer than that they have to they have to have um mosquito control efforts so but it says that the storm water features shall not are just designed but shall not hold water um it's not that they're designed not to hold water but they shall not hold water for more than 72 hours I guess um just to clarify it looks like in the event for whatever reason that there's some catastrophe or downpour that the storm water system in like a freak 100-year rainstorm can't go within 7 two hours they have to do that anyways that but it should it should read Shelby designed so as not to hold water for more than 72 hours okay and you want that in the first sentence right you want the first sentence to be amended okay yes yeah I'm sure attorney Murray is writing this down as we're speaking and since the the design is to hold it for 24 I think it's um the design as we've seen it should meet that the requirements of the amendment that Mr has proposed Mr chair um I don't mean to interrupt but uh just to correct something you mentioned in this motion 24 hours for no 72 um just to correct something so these are not being taken from the draft project application report they're being taken from the draft uh decision document you know you're you're exactly right you're exactly right Rob sorry thank you for thank you for correcting me on that these are taken from the the decision document that Miss Murray put together for us Miss green bom I have an issue with the applicant shall Implement necessary mosquito control measures number one because it's controversial and number two because we are planting all kind of native species to encourage butterflies and other kinds of insects and that sentence bothers me as being well being against what we're trying to do with that Land by putting a native species and encouraging bugs but I would I I think the issue is shell if you want to keep it there you you might if you want to keep the mosquito control in there could maybe say if necessary May implement but then we got a a decision I mean then we're leaving it up to the decision you know I I'm not sure that mosquito control measures adversely affect um pollinators and other um insects they mostly affect those that are hatching their um hatching their offspring in the water in stale in stagnant water um and I'm not a aqua biologist or marine biologist but I don't think they have effects on bees and pollinators and others and so I and I do think that it's it is a real problem if you have standing water for 72 hours and mosquitoes start to come and it becomes a problem for the residents and this will have to be this would be a decision that you know would be made by the um the management team of the residents of the owners of the the association as to when they have to put this down there they have to comply with the the conditions but I think that if it becomes a a situation where um they find that it's not necessary they can always come and see if they can get this changed or um see if they at a public meeting see if this condition poses a burden to them more is unhealthy so I'm not so sure I want mess with this because I do think mosquito control is important well but I I don't want spraying yeah well I I agree with Hilda you agree with Hilda well you you're a pollinator Guy Mr Meadows you know about you br you brought us maybe I'm wrong as to what the effect of mosquito those donuts we throw in in water and stagnant Waters that's supposed to keep the the water um from not prod from producing mosquitoes if that affects pollinators and bees and others it can okay Mr White um so this is actually something that I can speak to in pretty good detail as I'm from Hurricane Alley um so and also just mosquito land uh so in situations like this uh the kind of action that's been taken by other states has been to look at kind of what is more of a dire concern um the way that I've always seen it come down is that the immediate health that is much more likely to go south which is posed by mosquitoes is far more detrimental than any possible damage that might occur due to pollinators or indigenous plant life so that's the way that kind of least my in my past that I've seen it dealt with and it's been dealt with on pretty much an annual basis and uh Wilmington North Carolina um so I would want to keep something in there because of course this depends on which chemical compounds you would be using you know there's a lot of things that aren't in the language um but the immediate health risk that could be posed by disease born pathogens from MOS exposure to mosquitoes would pose in my opinion uh far more of a detriment than any potential damage to pollinators and or Beats other comments Mr um well M green Bal and then Mr waill oh oh Mr waill I want to Second what Philip said because I also grew up in a warmer climate on the Del Marva Peninsula uh bigger mosquitoes than New England but I think one thing to keep in mind is that you know if you have these mosquito breeding Nest so it could usually you know it could be the standing water in a pond or it could be somebody's pool they haven't cleaned in two or three days or even longer than that maybe like a week I mean the mosquito breeding Nest do pose health risks for residents who live near them as mosquitoes tend to carry a lot of pathogens that aren't really you don't really want to see that en large concentrations from these mosquito nests that would be created near residential units um specifically since this detention Basin is going to be so close to a bunch of houses so I mean that's something else to keep in mind as well as a possible health and safety concern if if you were to take out this condition specifically okay I think we've heard from four of the five members so the question is really whether this is a mandatory or a discretionary application of necessary mosquito control measures and so to be fair to to the um to miss green Bal and Mr Meadows I would entertain a motion that we approve condition 18 we approve all these conditions including condition 18 as amended by striking no I'm Excuse me I'm going to say this again I would entertain a motion that we approve condition 18 with the amendment that the applicant shall or may Implement as opposed to Shell Implement I'll that um necessary Oso control measures and that way we get a vote on whether we want the May or the shell language in there if that Amendment if that motion fails then we'll go back and try to approve the motion as it's currently stands is everybody clear on how we should go about this so we have the question of shell decided sh or may decided so we have voting on a motion that says the applicant May Implement that's right I would vote on we have before us a vote on a motion that the applicant May and if that fails then we'll be we'll go back and see if the Apple can shell all right and and what is this three out of five three out of five I mean the other the simplest way to do this is to amend the motion by replacing May with shell or shell with May that's the simplest way to do this that's that's an even better way so let me take back what I said the best way to do this is that there's Amendment before us to replace the word shell with the word may on the second second sentence in condition 18 do I have a motion we also have we also have the the first sentence amend right I think that's I think that is um consensus we'll I I'll put that I like to have that as a separate issue because I think that's a consensus cor I think everybody will agree with Shelby designed okay yep um do I have such a motion yes so move second all right moved in seconded time for discussion Mr White um my only concern with that is if we change shall which is a directive terminology to May then they may not right just as easily as they may so at that point what is the point of having the condition I also I come from Minnesota where the state bird is a mosquito and it's it is not only uh bothersome but it is it's they're dangerous they do transmit diseases and um so I'm I'm inclined I am not going to support the motion to strike shell and andert thereof L thereof May so that's my position uh Mr Meadows I'm from Massachusetts I grew up here and uh locally and uh I'm I'm in favor of May because that leaves it up to the applicant which is the residents to make a decision at the time that this may happen uh as opposed to mandating that they have to do something uh and it and they're the ones who are living there got it and Miss green bomb I think we know where you I'm I'm supporting Craig for the same reasons I was going to say because you know it's always controversial when the state decides helicopters are going to fly over had and and people get very very upset they don't want the the chemicals in the air they don't want to subject they think the chemicals are more dangerous than whatever pathogens there may be and I think there should be local discretion on this all right Mr people who live there let them have some say and whether they want to be sprayed or not sprayed Mr Henry I'm just trying to make sure I understand is is this a condition being asked are we considering this condition to be imposed on valid CDC or under residence this is a condition that would be imposed on the the property H even after Valley CDC has exited and when it's just own the owners of the property okay and and what is Val's position now on Shell versus may we haven't heard from Valley Miss Allen do you have a position on this um I mean I see both sides of the of the coin on this I'm fine with may I think I think the um members who make a good point that it's going to be up to the homeowners to decide I mean the fact is that these storm water basins have been designed to drain in less than 72 hours so again it's a scenario that might be very rare um and let's leave it up to the resident to decide when the time comes on how to best manage the situation okay Mr Henry do you have further comments is is there any mechanism where um bit of a hybrid where now um Valley takes on that responsibility and do something um to safeguard this issue now but later give the residents the option or is it something once it's done it's permanent the board of directors of the condo association and you know maybe Rebecca can even speak to this and how things are drafted but there's rules and regulations there's bylaws and so some of these documents are can be changed at their annual meeting um if they decide to in one year decide to change how they're deal with a situation like this they can address that as part of the condation and the board of managers I would add one other thing in reading through the second par second sentence the applicant shall Implement any necessary mosquito control measures as reasonably determined by the applicant to protect residents of the project and nearby residents in the event so you already have um within this condition the ability for the the homeowners association to say it's not necessary or it's not reason is not a reasonable thing to ask us to do this because it either they aren't that just because water is there for 72 hours if there are no mosquitoes if there's no danger I don't read this as saying they have to have even with a shell they shall Implement any necessary that's a qualification and as reasonably determined by the applicant which will be the board of directors of the homeowners association so I think even with the word shell we have some discretion on the part of the homeowners association to act as this is currently written so why have the word shell there's no re it shall it requires them to make a decision I think Craig is what it Mr Med I think it so I I I wanted to point out that this is that it's implemented as reasonbly be determined by the applicant so we're not going to be part of this development once we sell the homes so we're going to be you know we'll be there for a portion of the time until we have the project completely completed but the sentence almost doesn't make sense given the nature of these homes are going to be sold you're putting the burden on us to protect residents of the project in nearby residents but we're not part of this project anymore once we've sold all the homes I mean we can solve that problem by the language in the next in the next um condition the applicant and when applicable the homeowners association we that could just follow the applicant in each place and that would solve that problem but you point out a good point you know the applicant isn't going to be here in three years hopefully you'll be you'll be out of the business and it's the homeowners association right but listen you know I we're spending a lot of time on a really nasty little bug and I and I think that um I I I think we're we're spending too much time on this so what I would like to do is we've got at least two and maybe three people who are who are willing to um insert May and shell I'm not going to follow on my sword on my um on on the mosquitoes probiscus so to speak on this one and I will um I will vote for the may just so that we can move on because I don't want to I don't want to spend a lot of time on mosquitoes here in this and I would also um support adding the language from the from condition 19 the applicant when applicable to Home Owners Association that's so we clar that clarify that up so I think that's Mr White I may your North Carolina experience may not comp comport with that but i' I'd like to move on and not spend more time on this so I would um entertain we we've got a motion before us I'd like to have a friendly amendment to that motion before us to add the words applicant and when applicable the homeowners association so we it's clarified as to um who actually this applies to and have the word shell and um at that point is and as well as Mr Meadow's earlier Amendment um to be designed that after the word shell in the first sentence be designed not to hold water so those three amendments this provision would be before us in the motion that we're going to consider next and that is um to approve 18 with those changes so everybody understand where we're at yes all right so so that's the motion before us um do I have any is there any further discussion if not moot the vote occurs on the motion to adopt 18 with the changes of adding to be designed with the changes of the leading shell and inserting and L thereof May and with the inserting after the word applicant and when applicable the homeowners association comma um in that provision Mr everal Henry has his hand up yes Mr Henry oh I'm sorry it's been there for a while I I already spoke yep got it Miss CBO I mean unless you have something to add to this sorry just quickly I think this might be relevant to this condition and um later on conditions when you see applicant and want to substitute homeowners association that is addressed by the comprehensive condition in 69 which says once this permit is trans once the homeowners association takes over any references to the applicant will mean the homeowners association oh that's good thank you I missed that that will save us some all right it doesn't change this motion before us I don't want to go back over it again so we're going to have the vote on this motion unless there's any further discussion the chair votes I Mr Meadows all right Mr White hi Mr Henry hi and Mr uh Miss Miss greenball I motion is uh carries the vote is five to nothing all right so now we want to go back to um conditions 13 through 19 um not including 18 which you've already asked and I would entertain a motion to um um approve conditions 13 through 17 and 19 do I have such a motion so mov so moved it's moved and M green bom seconds it is there any further discussion if not the vote occurs on motions on conditions um 13 through 17 and 19 the chair votes I Mr Met hi Mr White hi M Mr Henry hi Miss greenball hi great um we're going to do conditions 20 through 24 and then we're going to take a five minute break and we're going to come back and with extra energy I think we'll be able to continue plowing through this so conditions uh 20 21 22 23 and 24 are generally um relating to the operation and maintenance and the storm water um as well as some utilities and then there's another condition 24 is if it's not completed within 24 months um of the first building permit it shall be submitted to the board and the Building Commissioner a construction schedule shall be submitted which is sort of a check on to make sure that this is getting done so number one deals with parking to prevent storm water number two deals with the issu of a building permit but it only happens after storm water management system has been reviewed by the town engineer and I think you've submitted the up the onm plan it just hasn't been reviewed yet right Miss alen I'm sorry I had to step away for a second that's okay so for number 21 requires that the onm plan for the um uh storm water is has to be approved by the engineer you already have have submitted one I don't yeah it was approved by the Conservation Commission and it was submitted to the town engineer as part of that that concom permitting process so it's it's it just hasn't been approved by him yet so it's still there okay relative shallow depth groundwater shall require Public Works inspection okay and all utilities shall be underground to the maximum extent possible and if construction is not completed within 24 months with the issuance of the first building permit construction schedule shall be submitted to the board and the Building Commissioner are there any concern any is there any discussion about those um five conditions 20 through 24 4 if not I would entertain a motion that we approve conditions 20 through 24 so I have a motion so moved is there a second second it's been moved and second in that motion uh conditions 20 through 24 be approved there's no further discussion the vote occurs on that motion the chair votes I Mr Henry hi M green Bal hi Mr white I Mr Meadows hi all right the motion passes the vot's five to nothing and the motion passes so um let's take a five minute a five minute uh break I have the time is 7:41 let's come back here at 7:46 and we can continue on our merry way along conditions and uh then findings thank you thank you we are all set all right time 7:48 we've reconvened um we're moving on to um section c which are site improvements conditions I would propose we take up conditions 25 through 29 um they all deal with you know in essence the site improvements and some of the things that Mr Meadow spoke to about the ability of the Building Commissioner to accommodate minor and substantial changes that may occur once you get onto the building site uh L lists them so the first thing deals with um I do have a request for what the yellow language means in 25 and either Miss Murray or Miss breast can you tell me what the highlighted language in number 25 means certainly Mr chair uh so ordinarily um I would have stopped this sentence at exhibit B um that we make it clear that applicant has to comply with local bylaws unless you know any sort of waivers have been granted um I think we did have some discussion a little bit um when we were actually looking at the waiver set that there was some sense that maybe there should be a little bit of um uh flexibility just in case something should change or need to be changed and it was reflected you know on the plans some somehow but just hadn't quite yet been captured in a specific waiver um listed in the table of waivers so I think this highlighted language came in as a result of that um so that essentially you grant the waivers as laid out in the exhibit B that schedule or to the extent that any of the approved plans contain some sort of variation um the plans are going to control so if your building commission at some point two years from now is trying to read through 69 conditions and the waivers and look at the plans and figure out what actually controls what's going to be shown on the approved plan set will actually control got it so what we've seen what's been what's been submitted to us controls in the plan set got it okay thank you um 26 deals with all the abil the ability of the Building Commissioner to deal with um insubstantial um changes or non-significant changes or modifications many of which are kind of on the ground conditions that develop um Miss bre I see your hand is up thank you yeah I had a question about number uh 26b because I noticed that um the material that was submitted by Valley CDC for this meeting included um the light fixture that had been proposed last fall and then um Miss greenbound um objected to that light fixture because she thought it was too modern so on December 7th um valy CDC proposed another light fixture that was a little bit more traditional in style um but I don't remember what the outcome of that discussion was I thought that the board liked that more traditional light fixture um but yet the more modern one appears in the set of plans that you're being asked to approve to tonight so I just wanted to have some clarification about that what exactly is being proposed and does the board approve of the light fixture that's shown on the plans tonight um Rob can you throw up what's what's on the plans the light fixture that's on the plans yeah that'll take me a few minutes Mr chair just to bear with me for one second so while you do that this is not something I care a lot about and I think it's can be up to the the um the board if people really care about like fixtures the design of the light fixtures as long as it complies with the dark sky compliant um provisions of our of our bylaws I'm not going to impose my judgment on that so I'll leave it up to others on the board if they really wish to um manage which how the the design of the light fixtures I think the I'll leave it up to the Architects and just and the board members if they really people feel strongly about it but I I don't want to spend a lot of my energy on that Miss bre Miss greenbound was the one who had the objection to the more modern light fixture so I wondered if she had any comments about um the one that's shown on the plan tonight and I thought they look very commercial for a residential development so these are the two uh that I saw so we have this one and then we have this one over here and then these are two types of luminary ballards that they're putting down um but were you talking about the 14 foot lights those are the ones you were talking about is the is the lights in the parking lot yeah look look look like big Bo I wish had that ni in the packet for um December 7th the other lights were shown and they were specifically there was a a document in that packet that was specifically about about lighting so I just wondered if you wanted to look at that and make a decision about do you want to what do you want to say about that if I may um you know I think what we had brought up earlier was that if the board wanted to decide to change lighting fixtures we would need to rerun a photometrics plan to make sure that those photo that the light fixtures actually still meet the photometric standards for the town which is why we provide this information in December so um I'm a I'm I'm a little hesitant to start switching things around now to because I just feel like it's gonna continue to delay our permitting proc this here I thought we did that I thought that you you you submitted it and I came back and said it was the same we never discussed it again we submitted it and it was never brought up again so the language B provides The Building Commissioner with the ability to approve substitution of lighting fixtures if they have equivalent or better performance and provided resulting sub substitution shall be dark side compliant um so that's what's in currently there and I mean if if um Valley CDC or if there's a strong feeling on the part of the board that there ought to be a different lighting fixture then it at subsequent to this they would have to do a uh if we approve a different lighting fixture they would have to come up with a lighting plan present that to the Building Commissioner and even under this existing provision The Building Commissioner would have to decide that it was um equivalent or better than the light that was in the original plan so yeah that's what's there before us so I guess the vote here the question before us is if do we want to uh do we want to substitute our judgment on what's a better looking light and then require valy CDC to run another photo photometric study to prove to the Building Commissioner that the other light is as good U provides as good a dark sky compliance as the one they proposed that's the question for us Mr waill if if it's okay Mr chair I wanted to just so I did look at the rules and Rags of the zoning board and I guess requirements for any sort of lighting plan that the board typically looks at when reviewing and approving these types of plans and it doesn't really seem to focus much at all on Aesthetics or well it does focus on Aesthetics if it's within a certain area where you see similar types of lighting but it seems like the majority of the focus is solely on functionality and whether the lights are dark sky compliant and or downcast and ALS also if you know it prevents light trespass so I would caution the board to focus more on those aspects over style um just just from what I've noticed in the rules and Rags of the zoning board that's all I wanted to say thank you and do we have a PCT I mean I'd like to dispose of this quickly but I I I wonder if we have a a um a representation or a slide that shows the the alternative lighting fixture from December 7th I could pull that up real quick again I'm G need another minute or so I have it right here Rob if you want me to pull it up please be my guest okay um so was 33 Pages this submitt um this was one light fixture that was was being proposed it's got more of a kind of standard traditional Lantern style but still has kind of that modern vibe to it um which I think the design team we we met and discussed and we all we all liked this one um this is all the specs associated with it if anybody really wanted to get into it and then this was another one that was selected this is a Maya posttop um again res you know residential scale um I believe the landscape architect had seen this style of light in other residential developments in ammer um I'd have to dig for that email but she did find that and send photos um so this was the other the other option that we were proposing again I just want to even note that these may be available today but two years from now when we go to construct these these um specific fixtures may not be available there has been supply chain issues on electrical and lighting fixtures specifically um that has been an ongoing challenge in all of our development projects so even if we commit to to this today I think what's important is again as you noted that photometrics plan we are not going outside the boundaries of the property um and if we do need to change fixtures we do have the ability within the decision to to meet with the Building Commissioner to review and make sure that he's okay with the standards and that they're equivalent to um the light um the light candles that are being proposed here so and the ones that are circled are the one on this the ones that have the squiggly lines around them are the ones that you're proposing currently that are in the site plans correct yes so these were these were the Alternatives that we were proposing that we provided to the board in January or in De Alternatives yep in December Miss green bom do you want to um require a different change or different light fixture or not I like that I like that one with um that looked like the lantern but I'm not going to fight you all OB stain yeah let's let's let them I mean my feeling is we go ahead without uh describing exactly the like Fisher that they have to have to put there but I'm sure they have your they have your concerns in mind and they know about them so um I prefer not to have a vote on this if we can all right are there questions about conditions 25 through 29 so that the other the new language is is I which say that it has the uh gives the ability for the homeowners association to have a future communities facility but it's limited to 3500 fet because that's the amount of previous area that the um storm water plan says can be accommodated and 29 is new um it seems to me that that just deals with um having to have a review of what is now covered land that is now covered by um cement slab and they have been able to go in and look and see if it's um if there's any environmental U problems associated with that land that's currently covered okay if there's no further discussions on numbers 20 through 25 through 29 I would entertain a motion that we approve conditions 25 through 29 don't move Mr chair thank you Mr Henry is there a second second it's moved and seconded if there's any fur if there's no further discussion the vote occurs on 25- 29 conditions um the chair votes I Mr Meadows I Mr White I Mr Henry hi Miss greenball I all right thank you and thank you Miss greenball um the next the next ones I'd like to consider are from are a larger number from 30 to 42 and looking through these most of these are boiler flate we have done a lot of in in big construction projects we typically do things like this which requires um it lays out the time of notice it lays Out Construction timelines that have to be approved by the Building Commissioner it lays out the logistics plan telling when they can be construction between the hours of s and 7 that Saturday has to have um uh no no jackhammering and no no um explosives um deals with having um trying to keep mud and stuff inside the construction area and try to protect the the construction area from um leaking onto the U into the Waterway around the to to Wetlands it deals with um controlling dust and um having barriers in place to provide tree protection for the trees and it deals with um having to wash the tires each day at the end of the workforce all these are things that are pretty standard and pretty typical um and so I I had no questions about this I don't know if anybody on the board does and I'll give you just a minute to roll through it if you've not already had a chance to run through these these conditions okay so if anybody has a any discussion around this otherwise you said to condition 42 correct right to condition 42 dealing with stumps okay thank you okay so U I would entertain a motion that we approve conditions um excuse me conditions 43 or excuse me conditions 30 through 42 do I have such a motion so moved is there a second moved and seconded no further discussion if there is no further discussion the vote occurs on approving conditions 30 through 42 uh the chair votes I Mr Meadows I Mr Henry I Mr White I miss green bomb I the vote is five to nothing to nothing conditions 30 through 42 are approved the next I would I would group together conditions 43 through 49 generally they deal with post construction um let's just want review those quickly so exterior lighting says it has to be um downcast according to the the plant the photo photo El electric lighting photometric lighting plan the project shall provide snow storage that's in this plan set she provide amenities as shows in the plan set Town engineer sh insect the construction of internal driveways p areas Etc as on the plan set and to has to protect any Town owned properties um and that's up to the The Building Commissioner to make that determination F 60 days following the Project's construction the the applicant she provide an ads built plan again this is all pretty much boiler plate and standard um and the certificate of occupancy for the final unit shall not be issued until the final top code of Paving and hard surfaces for all driveways access ACC areas and walkways have been completed Landscaping has shown when the approved plan has been completed and as build plan has been submitted to the Building Commissioner I think these are all pretty standard and non-controversial um is there any discussion regarding numbers conditions 43 through 5 through 49 Mr chair if I could add something about condition 47 so it talks about um the board authorizing The Building Commissioner to acquire the posting of a shity bond to cover the cost such impact um usually that's if a project um could be detrimental it's more of like an insurance policy the town would require on the construction company to make sure if anything is damaged that it could be paid for um just want to throw that out there and that's why um this condition so important but otherwise these are general standard construction practice um and tidying up to get the certificate opy type of conditions you'd see and that the requirement for the 30 bond is at the discretion of The Building Commissioner it's not it's not mandated right the board authorizes The Building Commissioner to require if he so chooses yep so that's only if the Building Commissioner sees it as necessary all right there's no discussion thank you Rob but there's no discussion um the vote occurs on the motion to approve conditions 43 through 49 the chair votes I Mr Meadows excuse me did someone make motion yeah we need to make the motion I don't think anyone made the motion yet I think you thank you had a motion on 30 to 42 but you didn't have a motion on 43 to 49 yet I'll make that motion then all right and Mr White second so we've got a motion made and and uh seconded any discussion there's no discussion the vote occurs on the motion which I'm which thank you Miss bre that we've now made um chair vot I Mr White I Meadows I Mr Henry I miss green bom i v is five to nothing the motion carries next deal with Landscaping numbers 50 to 53 we've talked about this before um the first is that it's got to be in accordance with the plan the second is that the assignment of the homeowners association upon assignment of the permit for the homeowners association shall maintain the Landscaping anything that something that is common it's any species that does not or example that does not survive has to be replaced by a similar species um the applicant the homeowner shall not use uh she use natural herbicides and all M mature trees found within the project site as shown on the approved plan sh plan set shall be um maintained and it it it basically says you got to do what's on the Landscaping plan is there any questions about the Landscaping section conditions 50 through 53 there's no discussion on items on conditions 50 to 53 I'd entertain a motion to approve conditions 50 to 50 through 53 I have Mr Meadows moves this screen bottom seconds is there any discussion is there's no discussion the vote occurs the chair votes I Mr Meadows hi M green Bal hi Mr Henry hi Mr White hi motion carries five to nothing the next is parking and circulation we ought to deal with I would propose we deal with conditions 53 or actually I think it's 54 I misre it 54 through uh 550 6 59 56 54 through 56 so it's 58 parking spaces here's the issue that uh came up Mr Meadows on the electron and the EV boards um this allows as I read this this allows them to go forward with the current plan then ask the state for a variance uh and if they get the variance um then they can have a different plan than is currently in the required by the state I think that's the way this reads is that right Miss Murray am I am I mistaken in this case no you you are correct Mr chair so that they either comply with the building code the stretch energy code or with any variants that might be granted by the state and if I could also just point out there was just a a lingering comment or question for the board um at one point there had been some discussion about a parking management plan um but I don't know that we've come to any kind of consensus as to whether or not you want to require that of the applicant um well okay so first of all we have the the VAR the request the need for the variance or the ability for them to go to the variance and if they variance is approved that is the Building Commissioner can incorporate that into the into the permit on the man the parking management plan I think that should be up to the homeowners association to submit a parking management plan at a later point in time and submit that to the Building Commissioner and if he feels that that's sufficient he can approve it if it's not it can come before the board at a public meeting is that is that taken care of here Mr waill so if there was a management plan submitted with the application there should be a section there that uh covers this and that's pretty far back we would have to dig um I don't have access to my files for the permit that far back um but I guess we could ask Miss Allen if when the management plan was submitted did you um include a section on parking management uh let me just look at the application packet we filled out the required form on management I have to find it um I believe you also did you left it up to the I think you left it up to the building the homeowners association I think there's also a condition in there that references that it's part of that that's the home the homeowner association if I remember correct 65 parking shall be enforced and mandated in accordance with the parking management plan to be determined by the homeowners association correct yeah I I thought I remembered seeing that in there okay so those will be in the um that'll be in the uh the bylaws I'm assuming then parking enforcement for the site okay all right Okay so we've got 54 through 55 of course we'll take out the parenthetical question for the board um do I have a motion to approve conditions 54 through 56 some seconding the the parenthetical yep deleting the parenthetical so it's moved and I thought I heard a second from Mr Meadows um if there's no further discussion the vote occurs on the motion the chair votes I Mr Meadows I Mr White I Mr Henry hi and Miss green bom hi great motion carries five to nothing the next to signs we've got three these are you know straightforward they should be reflective identification to be shown on the approved set plan and way finding signs as appropriate locations to direct postal carriers delivery people Etc to the individual sheds and mailboxes is there any discussion regarding conditions 5758 59 if there is not I would entertain a motion to approve conditions 57 58 and 59 so moved Mr and M green bom seconds if there's no further discussion the vote occurs on the motion the chair votes I Miss green bom hi Mr Henry hi Mr White hi Mr Meadows hi vote is um five to nothing the motion carries um the next is the is other section that deals with building plans um I would deal with similarly similar issues in 6061 and 62 and 63 this again deals with building plans has to me Building Commissioner has to has to enforce and the building plans six of two-bedroom story homes are designed to meet group 2A accessibility standards this is all been laid out in earlier plans from the applicant the exception of these six units they should be um visible visitable visitable by persons with Mobility impairments it outlines what that is and number 6 3 is unless otherwise Allowed by The Building Commissioner the State Building Code or other unless otherwise allowed the use of lowf flow Plumbing fixtures in residential units and non-residential spaces shall be required there any questions about these three conditions four conditions 60 61 62 and 63 not entertain a motion to approve those four conditions so moved so moved second second it's been moved and seconded to approve conditions 60 through 63 um if there's no further discussion the chair votes I miss green bomb you moved it Mr Henry hi Mr White hi Mr Meadows I vote is five to nothing the vote carries the next I would propose we deal with 64 through 72 64 it's it's kind of a hodg podge of a bunch of different things but at One deals with Central trash being U set up as on the approved plan set the next deals with the parking management plan with the homeowners association has to um come up with that and I think that means that it has to be approved by the Building Commissioner because we don't have a a plan at present correct that that's what how I would read this we could we could add some language in there if we if we want to make it clear that it could be approved by the Building Commissioner all right well let's let's put the language in there that we use saying that the Building Commissioner can approve it okay I don't think we need a public hearing or a public meeting on the the on this at a later date I think I'd like to give that discretion to the Building Commissioner um the applicant's got to work with the fire department on the restrictions and I think they've already done so on the building plan um this requires Inspection Services to get out there the applicant shall have the details for the fuel storage to the fire department um it says you can't transfer the um the comprehensive permit or assign it um except that which is already in the compreh plan so they've laid out how the permit's going to be given to the homeowners association and then lastly is an affirmative Fair marketing plan selection for income eligible first time home should be finalized prior to the application for a final certificate of occupancy lastly uh the last two are no slopes created by shall be finished at a grade in excess of the natural angle of proposed materials of course and finally all filled areas would not be built upon within one year shell upon completion of the operation covered with not less than 4 in of long Miss Hill Miss green bomb do you have a question yeah 67 I think it says inspectional services do you want to just change it to Inspection Services yes yep good catch were you an editor Miss green bom no I write a lot well I edited everything my husband wrote yeah well you you have a talent for finding them thank you so I would entertain a motion that we approve conditions 64 through 72 with the amendment on condition 65 to add the building Commissioners that it's in the building commissioner's determination to decide whether the parking management is is uh sufficient and two that we change inspectional to inspection services so moved is there a second second moved and seconded is there any further discussion if not the vote occurs on approving 64 through 72 as amended the chair votes I Mr Meadows hi Mr White hi Mr Henry hi Miss green bomb hi all right the next are the next several 73 through 77 are kind of a hodgepodge of things but they deal with management so the first is the um it states what is in the project Des description um this project consist of home ownership units cre a Home Owners Association all the things that they've already pledged to do but this just confirms that they have to do what they've said they're going to do in terms of um creating a homeowners association and creating the um responsibility for common for common good in the area number two 274 has to deal with cause to be drafted a master D to sample individual and initial b draft bylaws which shall be consistent when Incorporated in the comprehensive permit decision by reference number 75 part of the sale of any unit to provide the draft of the master deed to the town and the bylaws of the board for review by Town Council it doesn't mean we have to have a meeting on it 76 the applicant shall inform all contractors and subcontractors of the wage and tip theft law bylaw and number 77 there's a question here does the board want to require the applicant to to um deposit a certain sum of money into the HOA account and send for future project needs so I don't think the first 73 through 76 are controversial um and are I think they should be approved easily the last is a question we haven't dealt with um and I don't know what the plans of the CDC are for um sort of um funding or or capitalizing the homeowners association Miss Allen is there a plan to do that or does it begin with contributions from each individual homeowner when they geter the the building um we haven't um contemplated it at this time I I mean I think it's a good idea my only concern is that you know we're going to have a pretty set development budget and so it's really going to depend on you know how much of our contingency money do we need to use for unforeseen conditions at the site and so you know I can't guarantee that there's going to be a very specific certain sum of money that might be available at the end of the day I'm certainly willing to consider having language in there that that discusses like you know if it's feasible or something that's a little bit softer rather than absolutely requiring it I do like I said I do think it's a good idea and I do think that it would be something that we'd be willing to do but I can't guarantee that the financing of the project or at the end of the day the development budget would be able to support that so um that's just my concern got it Mr Meadows can I suggest that perhaps uh that if there are monies remaining from whatever contingency funds that the CDC has got allocated for this project that some percentage of those contingency funds be used to seed this if not the whole thing so you something to the something like to the extent practicable uh funds remaining in funds remaining unused in the contingency fund will be may be uh provided to the homeowners association to capitalize the uh the association's operation something to that extent something to that extent yes thank you does anybody else have um a question about that Miss Murray does that can you draft something like that all right so let's why don't we do this let's approve 73 through 76 Miss Murray you work on the appropriate language that you can read to us for um 77 and we'll consider that after we do 73 through 76 how's that okay thank Miss greenball I I would suggest maybe not saying something like contingency fund but say something more General like in the budget and then the second thing I wanted to bring up because it came to me from somebody who lives in a similar project I believe in Greenfield where there was no control over the amount of money that was required of tenants every year by the homeowners association and that money seemed to escalate very rapidly so that it got out of control of people could afford to pay um I don't know quite how to say that but can can we put anything like that on the management about um controlling what the the homeowner fees might be so all right so let's let's divide your question into two things one which is I think um makes sense Miss Murr as opposed to saying just contingency plan saying the contingency fund or other available funds at the other funds available at the completion of the project would be um could means they could draw from more than just a contingency fund if they so chose to capitalize the home ownership um Home Owners Association and then the question would set the fee to to um some to Consumer Price IND this or inflation or something like that well that's hard to do I mean I it's it's really really difficult Miss green Bal I you know I I'm part of a homeowners association and we have to adjust it on a on a B on a regular basis you know some we get if the roof has to be repaired we didn't have the we didn't have sufficient um reserves to do that we have to assess people and sometimes that's a one-year assessment of a lot of money and sometimes we can assess people less because we haven't had a lot of of need for it so I would really you know that's just part of home ownership is that there are times when you have expenses that you didn't anticipate and it's going to be more expensive than it otherwise would be um and you got to leave I think we have to leave that up to the homeowners to make that decision as to what how much they want to increase the home ownership association dues and and while I would love it if somebody would come to me and say you know we can only increase your dues by the cost of living that doesn't work when you're you got to replace your rof or other kind of common commonly owned goods and facilities in the in our condo so I'm not sure that we can I'm not we could do it I don't know that it's very I don't know that makes a lot of sense yeah no I just brought it up because it was brought to me as an issue yeah I can understand I mean I we just got SED and it's you know it it it takes money away each month that could be used for other things Mr waill I was going to ask of this question to Miss Allen um or to attorney TBO whoever wants to answer it but uh in terms of those fees I mean do you have like a general idea of how that's going to be written into the bylaws for the HOA or do you not have that process thought out too much yet I'll let attorney tibo respond to how it's written in the bylaws hi yeah I was just pulling them up now I I mean I don't have the specific reference in front of me but basically the board is authorized and responsible for on a yearly basis determining what is our anticipated budget for the year what do we think the monthly homeowner fees are going to be and as part of that they also are charged with and we'll work with the property manager to figure out what are our big expenses that we can expect and and how do we get those paid for um you know the other thing to consider is that uh a homeowners association can can take out a loan too and so if there is an an unexpected expense um they they will be eligible for financing just like a a normal single homeowner could be eligible for financing thank you Miss T and and I guess just to add um there are parameters on what kinds of fees they can charge um it to be reasonable they can't just say well we want we want to take in a lot of extra cushion this year it has to be based on something M TBO is there also state law that governs what condominium associations and homeowners associations can and can't do in terms of the I know in some states there are I don't know if there are in Massachusetts or not yeah we have a um Mass General Law chapter 183a governs um cond miniums i' I'd have to look specifically at the statute um and the sections they're in to determine um you know within our draft Master deed and draft bylaws what is required by Statute versus what is just permitted to be in the de the deeder bylaws but as I understand it it's those state laws have been drafted in order to avoid uh either um lack of sufficient monitoring and and administration by the homeowners association of the project manager or to protect individual homeowners from abuse by the the homeowners association correct so that's that's the reason those are things were that a lot of states have them yes correct and then the other protection is just the board members are technically elected officials and so you as the homeowners they vote in who they want to be representing them and taking helping to manage the condo exactly and there's a and there's always a requirement for an annual meeting and all those other kinds of things in Home Owners Association so there's lots of protections there but you have to leave I my feeling is you got to leave it up to the the homeowners to deal with it um Rob so um I know we already approved condition 73 to 76 but can we just maybe consider adding another condition here that references those state laws the Homer Association has to be CED and ran in accordance with those General law chapters I mean would would that be appropriate to include here or do you think the board doesn't really care about that too much I think well miss m Murray you tell me but it seems to me that this is belt and suspenders they have to do right thank you Mr I don't think that's necessary I mean the condo association has to comply with that statutory scheme so I don't think it's necessary for us to repeat that here okay thank you for the clarification all right so um Miss Murray did you come up with um some language that you put before us I do um so for condition 77 it would say to the extent practicable following construction of the project any funds remaining in applicants contingency fund or other available funds budgeted for this project and the question becomes is it may or shall we can come back to that be deposited into the homeowners account a homeowners association account as seed money for future projects or needs okay read it to us again sure to the extent practicable following construction of the project any funds remaining in applicants contingency fund or other available funds budgeted for this project May or shall be deposited into the home ERS Association account as seed money for future projects or needs so first question I have is when we say other available funds which I know I I asked you to put in there I just thought I don't want to take the development fees that Valley has and make them um I don't want them to be required to put into the um homeowners association they have there's a line item that provides for um some some kind of uh cost reimbursement to Valley at the end and I don't want that to be subject to the homeowners association because that's the reason that they but but it would be available at the end of construction because it's going to go to Valley so I want to make sure that that's not those fee those funds aren't um aren't in danger of being paid into the homeowners association because that's what they want not as a profit but as the cost of their activities not that should remain there with them so um how do we what we want to say is so Miss Allen you understand what I'm talking about yeah and I I appreciate you looking out for our best interest I just want you I want you to come back and do more of these so right I don't want you to go out of business right and I mean and I was just sitting here thinking I don't know I I mean this Project's going to be tight budget wise so so you know if if I I just know in like our rental projects I'm not sure how it would shake out with this home ownership project but in our rental projects if there's ever Surplus remaining at the end of construction we often have to give most if not all of it back to the public funders um and so I'm not sure if that's the case um with this home owner in with Mass housing this is the first time I'm kind of working with them typically we're working with um executive office of housing in livable communities so that would be my only reservation is if there's some requirement for us you know say construction pricing came in super low and everything went super smooth it never does but you know like best case scenario um you know would we have to have some of that Surplus go back to Commonwealth Builders I you know I don't know so okay so what if what if we had some kind of language that says to the extent that their contingency funds unused there are other funds not U not um identified for a specific purpose such as your development costs or that the state has said that this has to come back so we have contingency funds and other funds not already or not otherwise dedicated to another font to another Pro or purpose would be maybe available to put into the um homeowners association does that work Miss Murray and that was a may may I I had a May thank you okay and not a shell we could discuss that I put a May out there just because we have to I think you need believe some discretion then um and I think this is probably going to be there's not going to be a lot of money left um all right people's thoughts do you want to reread that again to us miss Murray and then we can have people discuss it and we can move uh to a vote on it and then I want to get to Mr Henry's um amendment that he has on condition I know he's been drafting up I don't want to forget that sure so it would read to the extent practical practicable following construction of the project any funds remaining in applicants contingency fund or other funds not otherwise dedicated for specific purpose for this project may be deposited into the homeowners association account as seed money for future projects or needs I I like that formulation is there any discussion regarding that formulation if not I would entertain a motion that we approve that formulation so moved is there a second second it's been moved and seconded is there any further discussion if not vote if not the vote occurs on the motion as formulated by attorney Murray chair votes I Mr Henry I M green bom hi Mr White hi Mr Meadows hi vote is five to nothing the motion is approved um lastly I that runs through all the conditions that were contained in the decision document um I know Mr Henry you were formulating something for our consideration and I want to give you a chance to to um put that to the board for it's discussion and consideration I email it to Rob Rob I I sent you an email let me take a look all right so condition 8 language let me open that up all right I'm just going to get it full screen and I'll reshare my screen with everybody all right this is what Mr Henry sent me do you want me to read it Mr chair I think everybody can everybody's got a screen perform don't they they [Music] should I I have a edit okay Miss green bom um number two and I'm running out of power that's why I'm in this funny position um the applicant shall Prov record and provide a detailed report as to the number of residents who qualify rather than because the residents he qualifies it later on because that could sort of refer to by name who they are and we're really only interested in the statistics Mr Henry how what's your reaction to that amendment to put the a number of before the word residence on the second paragraph number of residents it is it is meant to be number so that's fine y okay so we got that Amendment um as a friendly amendment I don't think anybody would object to that and um I just want to clarify um attorney Murray I will send this to you after this meeting tonight so you have it thank you Miss Murray you got your hand up so I do I I just wanted to ask maybe Mr Henry could clarify um he uses the term the applicant shall record I I want to be clear we're not talking about the applicant recording something at the registry of Deeds rather it is just that the the applicant is making a record of or providing a report to the board the lad making a record yeah thank you thank you and lastly Mr Mr Henry I noticed you said the applicant shall not be required to disclose the information and I suspect you be that you're there to protect the applicant from that works to protect the applicant from being required by the town to disclose any information how about if we just say the applicant shall not disclose any information and and take away the not be required the applicant shall not disclose any information name address do that could easily identify an individual I think it um I think it changes the meaning if it says not disclose any information um I I I think we want some kind of information we just don't want to encroach anyone's privacy well yeah but but um what I was going to change what I was suggesting you change is the sh shall not be required to just say shall not and delete the required to disclose the applicant shall not okay disclose any information so just take out the required to is is that meet with your because I think it's broader and it gives more protection it does so that's that's fine okay you got that Miss Murray great and Miss febal what did you have your hand up hi thank you um if I was in the room with Jessica right now I'd be whispering to her but I since we're not together I just want to make this heard that I want to make sure that Valley CDC um because I know it's it's another group that kind of conducts the lottery that Valley CDC will actually have access to all of this information so that they can in fact provide it so if just confirm thank you I appreciate that yeah so um Valley doesn't do credit counseling specifically ourselves um the consultant that we've been talking to as a credit counselor um so again you know we don't have them under contract yet we've received their proposals and we're evaluating them so I don't want to speak on behalf of what the Consultants can and cannot provide for information I mean I will say that we do do reporting all the time to funders usually using the HUD standards of reporting for um for identification so you know we can certainly follow that same model um for reporting I'm happy to to to provide information on who identifies under local preference and sort of look at those numbers I think that's easy enough to do I actually have a concern with the term detailed um I think it's kind of a vague term and I'm and I think it actually sort of feeds into what kind of information we'd be providing about individual homeowners so I'm a little concerned about using that term in sort of detailed report but we're happy to provide um you know a report of a summary of applicant um information and demographic information as we are legally allowed to to qualify or allowed to ask there are certain questions questions were certainly were not allowed to ask so I would want to make sure that we're meeting those fair housing standards and um you know and that we're not setting Valley up for something that we don't actually have the capacity to do ourselves like the credit counseling that's a very legal term and I'm not sure um you know it's not something we do that's why we're hiring somebody else to do it but they would they be able to give you information you be you get the information from the credit counseling right potentially but I don't know what information they are legally able to provide um I can certainly say you know number of people that have been celed number of applicants that have been celed and are in you know received a home or were able to purchase a home but you know beyond that I don't think it's fair to disclose somebody's information about you know their credit score gained 57 points you know not you know but I think we could give you the number of applicants that have been taking that will take advantage of these these services that we are offering as part of this but in terms of the details of um you know outside sort of those HUD reporting standards I don't I'm not sure we're able to do that so I I would want to make sure that the reporting is consistent with how we report for other funders for other programs Mr Henry do you have do you do you have a sample of the HUD reporting format or standard I'd have to dig it's not my department it's it's something that they've been actually working and modifying um to sort of to meet our Dei um requirements that we are um self-imposed trying to to be better at um so you know it's typically like race ethnicity number of people in the household General income maybe um ranges it's not going to be a specific number but are you within this range you know General demographic information so I guess Mr Henry what's your opinion of the word removal of the word detailed so again just going back to um my initial qualifier is not make is this is not meant to make anything overly burdensome and as a caveat to the extent Allowed by law um so if I I appreciate that there will be restrictions that and that's reasonable um but to the extent that you can provide the information um I think it should be provided okay so would you add to the extent Allowed by extent provided by law or Allowed by law someplace in that second second sentence is that what you're saying it's at the it's at the top um oh I see I see the say up there the very beginning got you I'm sorry yeah I'm sorry yeah so all this is none of this can be done outside of what's Allowed by law that's what you're saying yeah correct well I think it seems to me that if we adopt this as um as written and there was one it's getting late I'm trying to remember did we already have one kind of accepted friendly amendment to this than not detail but didn't we have one friendly Amendment accept I had it put it I had added number um right right number of residents yeah so what with includ including that Amendment um if we adopt this and there are details that need to be um tweaked because we don't have all the information of what HUD has or something else can we leave it up to the is would would it not be in the building Commissioners or somebody in the town's ability to decide whether they whether this the action the information that was received comports with the intent of the of this condition is there some ability for a town person a town official to say Yes um you've done you've met the requirements of this condition or know that it has not been met um so I'm trying to give I'm trying to get this approved or or something like this approved and not have to wait for somebody to check with Hut or some other place to see the kind of precise information that can be gathered so I would to say something all right just a second and unless it's right to that point Mr Green bom i' I'd like to resolve that one and then we'll go to your um Miss breast can you speak to what I'm in artfully trying to accomplish well I think what you're trying to accomplish is to know where this information is going so right now this says to the town of ammer and maybe it should be directed to the zoning board of appeals or to the Housing Trust or to the town manager or to some entity rather than to the town of ammer that individual or entity that can then do something with the information but if it just goes to the town of amest it goes into The Ether and you know doesn't nothing happens to it so do you want it to go to the board to the zoning board of appeals is that what we want here and then the zoning board can evaluate it and use that information in upcoming um cases of this type or is there someone else who would be more suitable to have it um off the top of my head I can't think of who else would that would be so it seems like presenting this information to the zoning board of appeals is potentially useful for the zba I think that Mak question Mr judge yeah that helps what do you think Mr Henry no I I would agree with M best I think given that what we're trying to achieve is to in to see future projects how this played out I think the zba would be the appropriate body for it to go to okay so is a a suggestion that we substitute the board of we substitute the board for the town of amst in the first three in the three sentences yes okay what board CBA zba okay and then I think it's even more important than that the applicant shall not disclose any information and the only the only thing I have is that we're we're a board as opposed to a an individual and and um we can share this I want to make sure that the information that we get as a board is um I don't know how to pronounce this word but an Anon not identifiable it's anomi animiz there's there's a word that I see in privacy um reporting in legislation that says that it's that it's anonymized there's anyway I want that's what I want to make sure um is that there's no identifiable information and I think that that's clear by in the last sentence by saying the applicant shall not disclose anything that can identify an individual so I'm I'm comfortable with zba as the recipient of this information and you are too Mr Henry so that's good how about Miss green bom what do you have to say I I want more information than just to qualified on the local preference I want to know as to Residents who applied and and to add to the end of that um oh among the 30 units how many were local residents under the definition of live work or send the kids to school so I I want it more broad I want to know about all 30 units not just the seven so as to the number of residents who applied and then qualified under the local preference and and um other buyers of the project how for the other uh 23 units how many local residents in the other 23 units let's see I want to know that we're we're spending our tax money for people who who um also pay taxes to this town in one way or another by living or working here and and have a chance to live in this project all of these homeowners will be paying taxes in the town of amoris once they no no but I mean that are now supporting this project appli show record provid the top I mean I'm that that's my reason for wanting it that that we are supplying housing for people who live and work here and and and and I'd like those statistics I'd love it for every project and I had another question go ahead go ahead my other question was um in terms of the housing inventory when you build rental housing at least some of the projects Rolling Green for example all of the units count in the inventory of of uh even though they're not all affordable you have a mix of market rate and affordable and they're all cost so why did the 100% unit see not count that's if I may answer that one Mr chair yes M Mar um the difference probably has to do with rental units versus home ownership when you have a project that in that is a rental project and as long as you've got 25% of those units that are dedicated and restricted as affordable units the town gets credit for every single one of those those rental units when you have a homeownership project you only get credit on the Shi for the actual home ownership units that are deed restricted at the 80% Ami That's the Law that's why that is yes okay well can can we fix up that second sentence so that we know know more about local residents as defined uh apply and qualified and and how many local people are living in the 30 units well we're going to know how many people were in the pool and we're going to know how many people qualified under local preference out of that pool so we know who's in the pool where they live we'll know the number well I mean the applicant the the pool will be created we'll know how many people were in that pool and I think what we're trying to get at is what you're trying to get at is of those people that are in the pool and then of those people that were given that won a slot how many of them qualified under local preference and I think you just have to do the math from that that well there was seven people that qualif for you know seven people that qualified under local preference that's not going to be the case seven people are qualified under local preference um 30 were in the pool um another three qualified without local preference so therefore um seven qualified under local preference three were not under local preference and 20 people weren't didn't get the the slot so I don't know if you need to I don't know Miss green bom if you need to how many people out it's it's all there I think I want to know how many people in the 30 units came from amest or worked here or sent kids to school here that's what if I can respond the people who are going to end up being in this in this development are going to be adequately sized households and meet the qualifications of a disproportionately impacted household which means living in a qualified census tract right so if they live outside the qualified census tract of ammer they're most even if they put in for it they're probably not going to get a home because they don't meet the first two requirements so we're happy to provide the information but I just want you to again remember that living in the qualified census tract is of a higher weight than local preference and so they could be coming from a different qualified census tract and and they will have want to know I want to know when we get done with the 30 units where these people are coming from and hopefully we only but we only control on that we only control for the 10 units that are 80% % we don't have any in we're not allowed to acquire local preference for the other ones by state law and she can and they will have that information and they will have that information already they can provide the information to the zba or to right you'll have that information Miss Al I they have to be they have to qualify for disproportionately impacted household in order to be ranked to be put in the right tier for the lottery process so we will know if people live in qualified census tracks we could probably tell you which qualified census track people are living that would be good that would help that would be very help but the blanket statement of who in ammer again we could tell you there are people outside the qualified census track that are submitting applications but again I think the numbers are going to show that we're going to have way more applicants than homes available because these price points are so low compared on the market and we're going to have people applying outside the qualified census tract that are not going to be weighted as high as those that do live in a qu in the qualified census track so Miss Allen you can give us which census track they came from in the future right you can give us that information I can tell you who's going to be coming from a qualified census track I'm not going to be able to it would be burdensome for us to pull the address for everybody and tell you if they what qual what census track they live in but I can certainly tell you if somebody lives in a qualified census track because that's going to be one of our ranking criteria so that's information I can certainly provide all right Mr Meadows would it not be more appropriate for this information to go to the Ambush Housing Authority it just seems illogical to me that that the zba take this on when it's not part of our uh Charter to do so and it this information can be used by the Housing Authority is not going to be much use to us um the only reason it' be useful to us is if we have another program like this in the future and we want to evaluate how the which we could get the information then we could ask the housing authority to give us the information right which then they could probably give us a lot more information right now then we can get out of this Miss PR you have your hand up yeah I don't think the Housing Authority is the right um organization to deal with it's possible that the Housing Trust would find this information useful and might be able to do something in the future but the Housing Authority is really a group that owns property in town and rents it to people who are qualified so it's not really involved in this kind of process they don't get involved at all in comprehensive permits or local preference or any of the things that we're talking about it's a it's a group that's outside of the Town jurisdiction it's um it's a quasi State organization so if you wanted to have another group that was specifically interested in housing you might say that the information could be provided to the Housing Trust which is a local group that deals with housing needs in ammer what about the planning department and the planning department yep just take us out of it put it to the planning department there's people that deal with you deal with these kinds of issues all the time we do so you could say the planning department of appeals plan Department I think that makes sense than the zba okay you know I I also I I expressed some concern about having this information to a board that turns over and you we're not as we're not as responsible for we're indiv we're volunteers we're not responsible for how you handle confidential information and I'm somewhat concerned about that so A planning department makes sense Mr Henry what do you think about that it's your amendment I I I'm perfectly fine if it goes to um a department that we'll see value in the information um but to your but to your earlier point if we doing this project again or comes back before the zba as long as the information can be easily accessible to the zba I'm I'm comfortable with wherever it goes initially okay which we be sure I sent a consensus here on changing town of ammer changing zba to the the planning department also Mr chair um I just want to say that any information we do get that's Rel we always share with the boards no matter what so that's just a standard practice we do in the planning department anyways good that's helpful to know so consensus on moving to the planning department consensus on removing the word detailed consensus on shall uh shall not disclose then the last sentence the applicant shall not disclose um anything else Miss Miss um green Bal I think the information that you wish to gather doesn't have to be detailed here in fact I'm not even sure how to write it but we will'll get it from the um applicant and the plant department will be able to interface with them and make sure we get the my feeling is that it would be very useful to have when people keep screaming that about affordable housing affordable housing that what we're building is going to people who live here where I I expect it's going to be used and I down to 1% so if I disappear I'll call you on the phone okay all right we're gonna try to move as quickly we're going to try to move through this as quickly as possible so that maybe your 1% will last to the end of the meeting so what I'd like to do is vote on this um condition this would be condition 78 um as amended through the consensus amendments that I have stated and I think you got those all uh do do you not miss Murray yep so she's got the consensus amendments I don't think I have a need to go through those again I just stated them Mr chair um this is actually a addition to condition eight this this language right here exactly right thank you rob thank you problem addition to condition 8 thank you thank you so I would entertain a motion that we amend condition 8 to include the uh Henry Amendment with the consensus amendments to that amendment that have been described by me I'll move second second moved and seconded is there any further discussion if not the vote occurs on the amendment as amended to condition eight the chair votes I Mr Henry I miss green Bal I medals Mr meows I Mr White I all right we've dealt with all the conditions that were before us um in the the decision document as well as an additional um amendment is there any other conditions that board members wish to offer all right we're at nine o'clock I would like to finish this tonight and that would mean that we'd have to stay for another half hour or so to go through findings um unless unless that is uh and M green green bom you're going to have to get on your phone I think but I would like to finish this tonight so we don't have to go back and and do anything more Miss breast you have your hand up yeah we spoke with h Miss Murray about the findings and she Incorporated the findings into this decision um so I don't think you necessarily need to go through the findings in the project application report you may want to get a confirmation of that from Miss Murray but I think we we specifically staff specifically asked Miss Murray to look at those findings and to incorporate them into the decision well that's some of the best news I've heard tonight you're you are welcome to bring us that kind of news anytime you want Miss breast and if you confirm that you'll have a place in all of our hearts and and for for your reference and for the boards it's um under Roman numeral four statement of relevant material facts and findings that's broken down there all right well I went through all the conditions I was not trouble I mean all the findings I was not troubled by any finding and I think we made all those findings with the conditions that we have adopted and the waivers we have granted so I think we're coming to the point where we have a vote on approving the comprehensive permit as conditioned oh Mr White just real quick and this is a complete non-issue but since we're gonna vote on it um Mr waill uh my name is misspelled on the decision not a big deal it's actually uh attorney Murray who's got to fix that one um is it one L Phillip instead of the two always one my apologies no worries all right so Miss breast I think the last we only have one motion to make before as as we um approve we vote to approve the comprehensive permit as uh with conditions this vote requires three not five not four three votes to approve this motion and so I would entertain a motion that the board Mr oill I would also include Mr chair to close the public hearing as well in that motion yep I will do that I would entertain a motion that we approve the comprehensive permit let me get that number this for the record zba FY 2024-the the comprehensive permit with conditions that the staff be authorized to make Technical and conforming changes to make sure that Mr White's name is spelled correctly along with other technical changes and conforming changes and that we close the public hearing on this matter so moved so moved and is there a second second second so we have a um motion and um a second is there any discussion there's no discussion the vote occurs on the motion the chair votes I Mr Meadows hi Mr Henry I Mr White I miss greenball I the vote is five to nothing the motion passes congratulations Valley CDC Miss Alano it's been a long process oh my goodness it's been a long process I think this was the eth the I think this was the seventh or the eighth hearing we've had on this um and I think that's that's a good use of the town's time because this is a really important project and I hope that it's really I hope that it's successful and I'm sure that will be and we we we do appreciate the work that you guys do um the success that you've had and we appreciate the and I also appreciate all the time that been put in by the staff and by other members on this it's I think thank you I appreciate you accommodating by adding extra meetings to your schedule I know that's not always ideal for board members because you are all volunteers so I want to really give a heartfelt thank you to um you know accommodating your schedule and and sort of making sure that we keep this process moving so all right we'll go out and get those units built we can use them here we will all right now now that we've got the perit now we're all all ready to go so now the work really begins now the work really begins yep Miss bre what have I forgotten I just wanted to say thank you a hearty thank you to Carolyn Murray for sticking with us and for keeping us out of trouble yes thank you very much my pleasure I I agree with that I think we all do thank you Mr Mr chair if I may ask um I guess Miss brup I'll ask this too I mean should we go over next steps after this meeting tonight with what's going to happen with the applicant um or do you think that's not necessary because we usually do that for all of our special permits you know I think it's up to you guys I don't think we need to go through that recitation what they have to do and who have to follow I think there's going to be a lot of discussion between you um and their lawyers and and our lawyer and everything this is going to be you're going to be intensely working with each other so it's not like these are homeowners who haven't done this before I also remember that this was supposed to be five or six meetings and it somehow turned into eight almost nine throughout the course of this so I'm glad we finally wrapped it up I think I think that's an indication of how important we think it is yep may I make one more request that Miss Murray add the Z ba number to this zba FY 20243 just to make it easier for us to file this in our filing system yeah thank you very much I agree with that one all right well congratulations um you miss alen and miss TBO you're allowed to stay on we're going to go to um the other items on the agenda but if you just can't pull yourself away from spending time with us you're welcome you're welcome to stay on um the next order of business is public comment on any matter not before the board tonight so if anybody in the public wishes to speak anything accept the matter before the board tonight now's the time to do so please so indicate by raising your hand or by hitting star nine on your phone all right I see no other um no hands up the next order of business is any new business where we typically talk about the schedule for the oncoming uh upcoming meetings and Rob what do we have coming up sure I'll be quick um so next meeting March 28th normally scheduled zba meeting uh we have three permit hearings three of which are special permits uh the first is for a flag lot the second is for an addition to an existing accessory dwelling unit and the third is for the Hickory Bridge um trail system in which um the zba has to approve the construction of structures in the flood prone Conservancy FPC zoning District um and then on the 25th of April which is two three meetings from now we have the continued hearing for the shuberry solar um special permit and um we have the continued hearing for the flag lot on Sha Street um other than that Mr chair that is all that we have on the radar for the future um no more 40b for a little while so we'll be going back to sorry we have a meeting on the 28th of March yes yep and then the next meeting is the 25th of April uh so actually the next meeting after that is April 11th uh just so happens we don't have anything scheduled until April 25th after that March 26th meeting so it's very possible we might get something submitted within the next couple weeks that might take that April 11th spot obviously I'll let the board know during the March 28th meeting okay but that's all I have okay um that's it for the meeting tonight I would just want to say one more time to the to the staff to Rob and to Christine thank you very much for your hard work on this this has been a long process it's important you guys um kept us on the straight and narrow when we needed it and we and gave us a lot of support for what um for an important project so thank you very much once again ammer staff and planning staff has really pulled it together and done a great job so thank you and to my board fellow board members thank you very much for all your extra time you put in thank you for the work you've done on this um I think it's important and I also want to thank all of you for the way in which we've dealt with which at times were contentiously issues I think we dealt with it insensitivity I think people have tried their best they did really a good job of of expressing their opinions and what could have been um a difficult discussion was a very helpful and open discussion I want app I appreciate from all that from all of you so thank you and uh thank you for all the work so with that I want to make sure that we um we adjourn so without if there's any further discussion this the time for it otherwise the motion to adjourn is pending and it will be without it's non- discussable non- debatable it's all moved is there a second hi all right Mr Henry is seconded Mr Meadows has moved that we adjourn the motion is not debatable the chair votes I Mr Meadows I Mr Henry hi Mr White hi and Miss green bomb Hi Five to nothing the vote carries we are adjourned thank you all guys and we'll