good evening everybody it's May 22nd 2024 6:30 pm. I call the zoning board of appeals meeting to order the uh location is hybrid Zoom municipal offices at 8 Conway Street in South Deerfield well I guess we have to read all this here certain meetings normally held at municipal offices are being held remotely with adequate alternative means of public access and where required public participation provided in accordance with house bill number 58 of the 193rd General Court which extended the governor's March 12th 2020 order suspending certain provisions of the open meeting law General Law chapter 38 20 until March 31st 2025 all right so we'll do a roll call starting here in the building Laura pontan present okay David po present okay Adam Sakowski present Dave sh present okay Gabby Richard Harrington present okay thank you all right new business special permit hearing 70 North Main Street notice hereby given to the Deerfield zoning board of appeals will hold a public hearing on Wednesday May 22nd 2024 at 6:30 p.m. on application file by David Nunes for a special permit her property located at 70 North Main Street identified the Assessor's record map as 196 slot 36 allowance the operation of a single unit bed and breakfast in the CRV CVR District as provided zoning bylaws chapter 179 2230 application documents available to review in the foyer of municipal offices or online at ww ww. Dearfield ma. us and calendar event okay Mr Nunes uh you can come up to the table or use the standing micro okay well uh just to be clear I just when I drove by the the place uh on my way home from the gym this evening you got four meters outside okay so you have a two family and you're looking to get a three family but that's this is asking I'm looking to rent out one unit the BNB Airbnb so I need on that so I can can I just interrupt and ask that you speak close to the mic yeah really get apologize techology upgrade on the M can you hear me now you beta all right all right so so what's your question give me the question my question is you're going to live there yes you're going to rent a place out regular that's correct and then you're going to you want another dwelling unit or unit for to rent out an Airbnb exactly okay so that's three units right you got four meters you got the landlord building meter you got the apartment or area that you're going to live you got another person that's going to rent there full-time and then you're looking for another unit to rent short term exactly okay so that's different than a than a bed breakfast permit you're looking for basically the ability to have three units there I'm not looking for that so what happens is is when I remodel the house I had to have two a two family unit so what I did is I did the first floor is just like this one room small I made that one you know as an apartment and my apartment so I get my loans and so I could get you know money from the bank to pay for the property and now I have this unit sitting here mhm and I was told you know just make it a BNB Airbnb okay so the problem that we have is I'm not against what you're doing there I'm just telling you that we if we're going to approve it I want to make sure that it's approved correctly okay okay but we don't have any on our books that are specific to short-term rental okay so what we do have is how many units you have how you rent it out is not necessarily what we're here to if you rent it you know unless we get into our boarding house we have outdated boarding house bylaw not May that may be applicable but basically what we're looking what you're looking to do here is have three units there which you can have a multif family dwelling of more than two units or an accessory apartment with owner occupied in the Central Village Residential District where you are okay so then what's that by special permit is that what we're here no what you asked for and what was advertised was for a bed and breakfast there Airbnb an Airbnb well we don't you can't that's that's like a company that's like saying Ford Chevy well a vbra then how about that that's the same that's the same thing sir I just okay that's that's a company but what you're looking to do is rent out a space in your building your home that's correct for a short-term basis correct right correct okay so we're on the same page of what you want to do we just need to figure out how we're going to get there and if we're going to proove that okay okay so with that being said I don't feel that asking for a bed and breakfast permit is the right route for this operation that you have there okay what would you suggest them I would suggest that and I can't give you advice like you can talk to a lawyer but I would be more comfortable approving a special permit for for a multif family residence there okay so that's what I need to do then is apply for that I want to do everything by the book I have I I understand that I just I mean just looking through it I just want to go through the bureaucracy that's all you know I just want to get it done whatever I got to do I'll do it and I I'll take the building inspectors on I'll take his input on what his thought was or if he feels as though a multif family resident permit is the best option to approve this um well I think if you have a multif family residence and you have somebody that's in the apartment they're going to be living there more than you know a week at a time so if they're not living there more than a week at a time it'd be more like a bed and breakfast or more Airbnb or vbro or whatever you want to call it right the bed and breakfast thing is is more like if you were just there in your house right yeah but you're already subdivided into two and then you're going to go to three no no I'm taking one of my from the first floor and I'm going to rent it out I understand that yeah okay and then you're going to Airbnb the third spot no what do you mean no Adam I ask a question uh Gabby had her hand up let me go to her first well is it already is it already a two family and you're adding a bed and breakfast or it's currently a one family and you need to make it into a three it is already a two family with the approval of the town and I have a separate one unit like it's one bedroom and I just want to rent that out is that or I'm just going to include it with the first floor apartment I mean it doesn't matter to me I just thought this would be better for the town you know what I mean you can make some extra money get a tax income coming in so you have like wired smoke detectors through all three units and you have fire separation and all those things I do yeah everything's been inspected everything's approved yeah thank you I could speak to it a little bit yeah all right go go ahead please Bob yeah so there's a first floor unit that has that extra area that he wants to rent out and then second floor of the building is currently being renovated as the two family but what he was trying to do was rent once the second floor is done and it's officially the two family was to rent out the area he has on the first floor I couldn't think of a good way to handle it so I suggested as a bed and breakfast versus a multif family because he doesn't want to call it a three family exactly so that's how my only question to you is why would you not want to call it a three family um because it's not a three family it's not a three family it it it's it's a two family with one extra additional apartment that's there you know I'm not going to rent it out as another fre family unit but is it is there toilet in B like would they or is it just a bedroom with a separate exterior door I've just I'm just confused on like the layout I mean it's a it's a good siiz billing and I'm just you know also thinking about down the road if you sell the property in a couple years someone else might have the same vision that you have on it and then have a permanent tenant there and then either the town's in a situation or the owner's in a situation where if it's a multif family residence then it's cleaner in my opinion um so what's your question I I I I didn't I hear a question from of things what question go go yeah okay hi um um I guess I'm I'm learning that uh Bob um the building um guided you in a sense to this application we've been working you know he's been helping me out yeah so we're we're we're all in the same page trying to sort of sort out like how it flows through the code and and and I'm not clear um what what is this a special permit you know where's the regular permit in the code where's the regular permit that he needs a special permit to exceed um and um you know but I also was was hoping sir that you could describe in detail the floor plan and that first floor because when you say apartment is that a self-sufficient living unit somebody has their own toilet kitchen heat yes so it's it's it's it's it's an interesting first floor where there's two separate units but you don't really consider them two rentable separate units exactly one is for making money and one is for for supplying residents you know for the town ofel the other one is with people coming in who need place this there you know yeah so I guess I'm looking at the page in the code that talks about accessory Apartments um but I don't think that's appropriate do we do we have a permitting system I thought we did or was it just discussed maybe the planning board for a temporary rental situation you know because that's what you're talking about right temporary rental situation and do we have that kind of permit or anything like it no we no we don't we have boarding house and we have bed and breakfast and and what is more of a traditional sense which is what Adam's saying we don't have anything on a on a short term well what is how is a bed and breakfast not what he's talking about how how is that different I think it involves serving breakfast yes remember you you could have a fruit plate on the you know T I don't know you could just leave a basket full of stuff right and then we allowed a change of use with the Airbnb situation next to Fisher's garage and we conditioned that remember we did that one but that was so they but they could still rent that out down the road but that wasn't specific like what they're doing to the building we don't have anything specific for short-term rental governance um so I see so it's not a bed and breakfast ostensibly because he's not serving breakfast and the bed and breakfast thing is more for like a single family house like the one on Grave Street that we went through she came in for a bed and breakfast but it's it's integral it's integral but you can still whatever platform you use doesn't make a difference to us you know I'm just saying um bed and breakfast is a category right short-term rental could be a category if the town were to entertain that but right now if you have a property and you want to rent it the vehicle you use to rent it is not within our purview that's my understanding there's no governments on that and there's is is he even uh violating a code if it doesn't exist well the qu the question is he he would be if he has three separate Living Spaces and he doesn't have a special permit for a multif family dwelling yeah because multif family also requires a special permit right so he anybody in Central Village Residential is pool for two family by right then you go to three units you need to have a special permit and then if you have a multif family it's not necessarily allowed in other parts of town it's only so if he got the three family permit he could do what he likes with that third apartment to a certain degree having people stay shortterm rent it longterm but he doesn't have the three units right well we're a little confused we have four meters on the building uhhuh we got three separate spaces but we haven't had to answer your question we can let the applicant speak to it how it's like divided up in there like bathroom kitchen no bathroom kitchen no exterior door so that little apartment that's there it's about can you just speak in the mic so the people you bring like being closer yeah you there's cord there y like this is it better right there all right so anyway so you have one small area right has one room has a bathroom and a small kitchenette call ET you know no stove no nothing else but just you know and that's it on that side and then the other side is uh you know three-bedroom apartment okay that's the first floor M yes that's the first first floor yeah and then the second floor is an entirely separate unit second floor yeah we got the permits out now building inspector has been over there today we just got it insulated we're starting to get that done yeah okay all right um are there two exit doors from this third bed and breakfast apartment I'm sorry are there two egresses yes yes there is if you could just speak in the mic sir I'm sorry but yes there is thank you so so and and then also then the first floor apartment does it theoretically does it need two egresses that are not two yeah okay and there's plenty of parking it sounds to me like the bottom floor fits the definition of uh bed and breakfast yeah what I thought you know I'm I do everything by the books whatever I got to do I'll do it you know I mean I have no problem with this yeah can somebody know the code where can I find that bed and breakfast yeah if you keep flipping through there I was looking it's sort of it's not next to accessory apartments no I think it's in the back in the definitions there's the definitions all the definitions are all the way in the back so I don't have my zoning with me or read it to you okay I got it bed and breakfast shall mean a private owner occupied residence yeah and I live there in which lodging and breakfast are offered to transients shortterm for a fee such a facility shall not contain more than six rooms per rent you live in the upstairs I live in the downstairs right next to this it sounds like he meets the criteria but I don't know if that's is there anything further in in the code well I mean you know we can we can take public comment and we can discuss it in delivery I feel as though that it's a separate unit that he the Miss uh Richard Harrington said is there separate esses and accesses that was her question he said yes so it's a separate walled off unit so it's not within the residence you can't go back and forth through them yeah with a closed and closed door there separate the inside is all open up you can come back and forth there's doors right there it's just the outside you can go out the outside there's a door here in the front there's a door here in the front right there's a door here to go in this unit and there's a door to go on this unit they're all combined and then there's one door in the very front that I can open up and you can open up all the doors it's all combined together so so to make it a separate apartment really you'd have to make that kitchenet into a kitchen you'd have to like really separate somehow a wall between those two units right now you can just walk right in and out of the unit you can walk right in and out of each unit yes you can through a door yeah yeah I have seen it it is sort of like just a room in the downstairs area with multiple doors with a little kitchenet it's not it's it's super gray area I mean that that's why I kind of didn't know how to direct them really but I wouldn't call it a necessarily a third unit it's I don't want to get too into the definition but yeah I'm not sorry so doesn't a second egress need to be to the outdoors not in through another apartment the does go to the out one goes to the inside hallway one goes to the outside and then there's a third door that just connects the two together yeah three doors but he's he's not looking to claim it as a third unit so the egresses are less of an issue right I mean it's really one unit and it has has a window for for um you know aggress window also okay yeah if we call it a a whatever bed and breakfast it doesn't have to have fire separation from this apart from from the owner's apartment by code I'm not sure bu I mean we're building code or are we on Zone this is zoning so building code it's within the unit and he's not calling it a unit so that's where I would say no because it's part of the first floor it's all it's all like one thing other than it's a room with a kitchenet in it it's a gray area I'm not trying to dance around that at all does it have separate Utilities in the apartment you're asking in this par in this room that has a kitchenette in it does it have a own separate um meter no no not for the water for the electricity yes we're put a new meter in that yeah so I can you know see what's going on with that unit do I rent it yes of course so but yeah okay but that's that's an an account well I guess it's not neither here nor there in some respects but um uh Bob respectfully I I I guess I disagree that it's a gray area it seems to me but I also will say that it's not our purview like I don't see what we have to give a special permit for well we if he wants to put someone in there he needs a special permit yeah definitely need speci or as a multif family well doesn't he have it doesn't he have two units by right you said yeah but he's got the upstairs that we're not even talking about he's well that's what I mean so doesn't he just need a permit for the upstairs no Hees doesn't want a permit for the upstairs some he's asking for no he wants to call so his choice was he have needed to incorporate this area in the first floor which is what we what I told him and it is just straight up a two family or he could try another route and this is was the route because we have no definition of renting out a room as an Airbnb yeah he is completely right and that's what I said I said should I just incorporate this one little room into the first floor apartment which is fine I will do that but can I just rent it as an Airbnb and that's what we're getting at right now I mean if not I'll just incorporate it into the first floor apartment I it doesn't matter to me I'm trying to help out the town may I ask a question that's that's all uh yes Laura go ahead um so you live on the first floor I did yeah so if he had a bedroom in his home and he wished to rent it out at his own will whenever could he do that that would be wouldn't it well depending on that would be the bed and breakfast room so it's this part of the house is technically attached to your part of the house yeah it's veral so it feels to me like he'd be renting out one of his rooms um to people coming into town right so the the it's but it's more than that right it's a separate bathroom separate kitchenet and it's a separate electric meter why is that our concern yeah I well because that's why is it our concern because we have to decide if we want to Grant him the ability to do this it's our concern there's a big difference between me having a single family house and airbe being or having a bed and breakfast and having a second bedroom that's attached to my living space that is not separated it doesn't have its own bathroom it doesn't have its own kitchen and that that's different than having someone make a permanent change to a building that's defining as three separate living areas and we're a little bit in a gray area and the question is do we want to permit this at all do we want to permit this as a bed and breakfast or do we want to permit this as a multif family dwelling because you can have a multif family dwelling or or if you don't permit then he's going to have to incorporate it and just the two family right so that's all or he can have a two family by right so so those are those are the things that I'm looking at as what is what are we having because you know we people are here for a short time right buildings are here forever for the most part so when we're creating extra units in a building we're also thinking about not the person that owns the building now but how that moves forward so if you know we're looking at long-term goals of the residential district what are and what's the best way too like we don't want a property owner to come back or the next person that buys this property if there's anybody and say this is a three family and rent it as such and then our building inspector says no it's not it's only a bed and breakfast so you can only have people here for one or two nights yeah but wouldn't that be on the listing I mean no realators don't have to follow the law h can I ask another question why why are there four meters yeah right so that's that's the I that's what I saw when I was was there's four meters right so that has it kind of set up so he has it so you have the first floor second floor you have the Airbnb well you want to call it whatever you want to call it B and breakfast I want a meter on that so I can you know control and then I have one for the owner I mean four meters common areas right it has common hallways that have to be yeah have a meter for the outside lights and Theon hallways exactly yeah okay thank you so so that that area is already there he's not creating this area he's either gonna have to remove the kitchenet because I don't know how else to call it a two family or this was a possibility so I think it feels to me that it's definitely not a three family family he would have to renovate and put a full kitchen in for it to be a three family yeah there's not even a SP in there right SE it would have to be you would have to do a lot more work to have it be a three family to me it feels like um like a master bedroom with a with a little kitchen in it um so I don't know how that would look it feels like an Airbnb I mean sorry a bed and breakfast personally to me okay um do we have any members of the public that would like to speak to this at the public hearing before we can either close the public hearing or move on no one here from the public wants to speak to this anybody online Pat can you see there's no there's no one else from the public online okay uh members uh you have any you want to add for discussion or anything more for the applicant or conditions or do you want to continue it anything from anybody yeah I have some questions okay go ahead Dave I'm I'm understanding now that we have the ability to Grant a special permit which is a bed and breakfast that's one of our powers that's what the applicant is seeking is is that within our purview yes yes and anyone who wants to run a bed and breakfast needs a special permit correct okay and so um just for I think the the the the um um uh the board but I think also for the public if you could just clarify then what part of the process are we in here now where are we at well we're we have a public hearing open we have the applicant who is here to answer questions he filled out an application requesting a special permit for a bed and breakfast and we can do whatever we would like if we like to take action on it if you want to continue it want to ask more question questions uh I can we can go see where people stand and see what he's you know what what he's looking at if we want to do like a straw vote Yes ma'am member of the public well we have to evaluate the statements of the applicant to determine if that's what's actually happening there if if if there's a question from the public can you repeat it sorry just I didn't hear anything question from the audience was I hear anything why can't we just grant the special permit which we can we can take a vote and and Grant the special permit if we wish to but that's what we're here we can also condition it to allow for annual inspections we can condition it for um to make sure that it meets all required codes of all of their departments we can condition the parking must be off Street we can condition that it is only with Mr Nunes the applicant that he does not he can't transfer that permit if he sells the property the prop the new property owner has to come to us and ask or whoever's here for that permit to be continue oh you're welcome again okay thank you for one next to the one next to Fisher's garage we did condition with a couple of things one was that the owner would still be using it right correct not they would have to come back a new owner would have to come back to us I don't think we conditioned it with any kind of inspections or annual anything other than we conditioned it with that has to meet all other regulations and do we can we put an occupancy on this one room we can we did some occupancy conditions on the bed and breakfast on Grave Street yes okay I I would be in favor of those things can you remind us Adam if you remember what what occupancy or what other conditions I think the applicant asked for a maximum of four people and she had two [Music] rooms okay um so um did Sir have you considered an occupancy limit or what you are well it it's one room I mean just imagine you have one room you know what I mean people limit sir if you could just pull that microphone just imagine you have one room right how how many how many people going live in that one or two is that probably two of them all well I mean just trying to clarify that's all but there's there's a difference between how many people can comfortably live in a place and how many people will stack up in there to go you m graduation I'm not GNA do that I'm not gonna I know what you're talking about no no no I'm not GNA stack no no no okay well and I think we limited the other one to like because it was a short-term rental so if a if a young family came with three small children and three little porta cribs that that was okay for a couple of days right we said that that was next to Fisher's garage yes I don't know I don't know about that yeah I mean I think we have a very different if you want fewer that's better but we don't want a lot more than that I I don't want no I don't want that I'm living in this house you kidding me you think I want kids around me yeah yeah sorry being mean but no no no uh you know I I I think I hear you on on the parking idea and we didn't do it over at Fisher's garage that you know this there's a pretty big driveway off stre parkings we have we have seven spots yeah um I mean I'm not opposed to that um it it it seems like a good idea I'm not sure why we didn't do it for for fishes garage one um but you know there is parking on the street I I don't know is it is it um restricted parking on the street can you park overnight on those streets on North not from May 1st not not from November 1st to May 1st but but if he's only talking one or two people you know I mean obviously I guess my thinking is off street parking is better it's a it's a better thing for the town it's you know so that we didn't do it for Fishers maybe was an oversight but I think it's it's probably a good idea here and otherwise I think it you know it it it seems to fit the nature of the bed and breakfast and you know I like the idea is that rented it would only be for one car yeah okay you're not going to bring two cars in there no okay one at a time you okay I'm sorry is this already a multif family two two family two two family it's already a two family okay right it's a two family special permit for a multif family would be required to have three rentable units there that that's why since he's making the upstairs a full-blown apartment he's either has to REM remove the kitchenet so the first floor yeah is truly one unit that's how we ended up here I mean it's also an existing non-conforming dwelling really it was a bookstore prior correct but he did have a permit that was granted before I got here five years ago to convert it to a like a building permit make it a two family because it's allowed by Wright correct he's been working on this for years years now is there a reason not to go for a three family the applicant wanted to go for the bed and breakfast and that was what the uh application was for okay and do we have a specific definition of breakfast it's in the back I can read it out to you if you'd like Dave it's under 5700 I could read it I have it right here okay go ahead a bed and breakfast shall mean a private owner occupied residence in which lodging and breakfast are offered to transients for a fe such a facility shall not contain more than six rooms for rent that's the end of the definition yes so at the beginning of that does it kind of imply I mean it doesn't say it's but it says a private owner occupied makes it almost sound like they're talking about single family dwellings that have bed and breakfast David I respectfully disagree I I think you're reading into it no I'm asking well no okay so I'm saying no it says a private owner occupied residence I think he that it fits resence he occupies it he's the owner so I I think I know where you're going David is condition it as one are occupied and that unit anyway I mean the the first floor just trying I don't I'm gonna stop trying to help because I'm I'm gonna stay neutral I was just trying to think of do we have any multi-unit buildings in town that are more than two or three and then I have try to visualize people renting out rooms in a portion of a multi-unit building and calling it bed you know bed breakfast it just it doesn't seem like your typical bed and breakfast I mean how's that differ from our you know boarding accessory units everybody's allowed to have I can read that if you want me to read that that would be helpful right the boarding part boarding house shall mean not more than six rooms within a building for lease to transients without cooking facilities cooking yeah no I don't mean boarding house I'm saying there accessory there's a right that's that's short of a boarding house that that that's up to two people accessory dwelling yeah this is not an accessory dwelling I understand that I'm just trying to make the analogy that um an accessory dwelling is definitely in a single family home exactly right right right right and this is is in a single in a single person's unit is what he's trying to say but it's a separate time it says residence in the in the in this definition it doesn't say house it doesn't say single family yeah I'm tending towards saying this is fine it sounds like this owner since this this room is within his space that he's going to control it well um and it sounds to me like there will be other families in town that are looking to do similar things and this sounds like it's very reasonable it meets the all the building codes and it it it's got off street parking and we don't give the permit with the next owner I think that this is definitely controllable and reasonable and the question is embedded in what you just said was that other families and people in town are maybe going to be looking to do this so it seems like we may need somebody needs to tackle this in town around um you know towns that are dealing with kind of quote Airbnb issues you know I think they kind of designed separate bylaws for them it was attemp but also the different companies have different rules and regulations vbo and Airbnb all have different regulations for the amount of time time somebody can be there the amount of consecutive days someone can stay and a bowl of fruit is definitely a breakfast I've stayed in many of these so yeah I tend to agree with Gabby I I think it fits the the definition and if other folks W to uh you know well also what I was saying before David is the planning board did attempt to process to create some clarity around this um I think it might have got lost in the accessory dwellings I I'm not an expert on it I shouldn't be quoted um but you're right it's it's there's a certain Gap but the the closest fit and and and which it doesn't violate in any way is the bed and breakfast yeah and I'm not really yeah I guess I don't really I agree with Gabby I'm inclined to to go forward with this but you know and how does the town monitor it for sort of rooms tax or some kind of tax on on the occupancy it's um if it's basically the I don't know if any of the the assessors have any type of inspection process in place but I do know um that the town accountant and Treasurer um do see payments from some places in town directly from those companies um that do that but I don't believe they've had anybody that's voluntarily came came forward that I'm aware of so I I personally think that the that it's not a bed and breakfast that it's a multif family um but you know if everybody else is we want to take a vote or give the applicant an opportunity um or you know to agree to these conditions we can close the public hearing but if he agrees to the conditions of no on street parking that's 70 North Main Street a max number of people in short-term rental a max number of knights that they're there um you know he agrees to any inspections um that the building Spector in South de for fire department seems fit um you know I think that those regulations you know and that the permits nontransferable I think it puts some control on the property that you know the majority of board memb maybe maybe find us okay let's assume that what you just say is correct and majority is what what's the um occupancy limit I just want to say I think you're asking a lot of me you're asking a lot of me okay so if you don't want to agree to those conditions that's fine too haven't you you you keep talking but you're not telling me what it is I'm telling you what it is sir I tell you that that the board members aren't determined there's not we the whole board here is not in favor at this point of giving you a special permit for a bed breakfast okay well you don't that so well the whole board is not oh okay fine okay so so so you're not explaining yourself well I can sir explain yourself or in 15 minutes as a chairman I might continue this hearing to another day what what conditions is the applicant um that he just heard not uh in favor so we're we're debating if we want to Grant this do we want to Grant this with with certain conditions to protect the community that's what we're charged to do here as a board this is not an individual thing okay I don't want to get into politics with you that's Redemption okay all right so uh some of the board members may want to get Grant you this bed and backck for special permit but they might be more comfortable doing it with some conditions and some of those conditions that they've mentioned are no on street parking a maximum number of people in your bed and breakfast and what's the maximum amount of people that's what I'm saying well we haven't set it yet because we have you're telling me everything that I need to know all right you want me to agree to something no no no no no no we don't want you to agree yet we want you to understand that this is the things that we're going to finalize in the next five minutes we're going to come to and then we're gonna say this okay right okay so we have board members and I'm just going to go around just to try to do this in an organized fashion and I'm going to start here and we're going to go across would you like to see Laura any specific conditions if you if this Pro was to be approved um I'd say between two and four people Max so four would be Max okay anything else what were the other the on street parking yep no on street parking inspections as needed by building department and the fire department and the Board of Health I I would say one time um to get it I don't you you don't I don't think you can I don't think you we can you can tell me I get my my house inspected every year if you want to run an Airbnb there yeah we can condition it for that but what Authority do you have that tell me that to do that well then we don't have to Grant the special permit I know I understand where I'm at here right okay so what Authority we have to do things that doesn't seem my constitutional right to my to me okay then that's fine then you can have a two family by right and you could withdraw your application well but I also want to say that we're not saying that it's going to be inspected on any specific schedule it sounds to me in fact um unnecessary because those people already have the right to inspect isn't that true uh not on an annual or regular basis then they have a court process so like let's say there was a complaint that the strawberries at the bed and breakfast weren't you know up toart or there was a complaint from the neighbor that the person's been there for 6 months right so then they don't have to allow an inspection unless it's part of the special permit then they have to go to court so that's why we think about the other people in town we think about the neighbors and residents when we issue these things and so you're conceiving of this um condition as um pegged to a number per year no I'm just saying that in in my opinion if there's a possibility of me voting for this that I want a condition that inspections shall take place as needed at the determination of the building inspector the fire department and the Board of Health if they never inspect it that's not on me but we're giving them the ability if there's a complaint to to do a inspection if they see fit as part of his special permit if he has a buy right to family that's fine he doesn't have to allow any inspections that's that's I'm that I'm fine with that but if we're going to have a bed and breakfast in this building or in any building as far as I'm concerned then we want to condition that so that if there's a complaint if from a resident that there's no longer that happening there or something different's happening that our enforcement officials have the ability to do their job and have some ability to spack that up I hear you uh let me ask if it was a restaurant is there a similar condition built in that the health inspector can inspect upon need uh if a restaurant comes to us we absolutely would probably put something like no I'm just saying generally restaurants have health yeah I right buildings have building no idea special permits give us the the ability to put conditions on it things come up yeah but I'm just wondering if it's if it's um necessary you want me to speak to that or sure sure yeah the health department can inspect a restaurant basically at any time if the restaurant has is an occupancy more than 50 is an assembly building so we inspect them am annually if they have a liquor license we inspect them annually multi families we should inspect every five years um the code doesn't specifically address short-term rentals yet it may in the next code cycle which would be on a five-year basis or three-year basis it hasn't been adopted but there's potential for it to make sure the smoke detectors work and the exits are clear and just basic building safety right so right now they what Bob just said is they don't have that ability we don't have that ability so that's why I think if someone's doing this short term that we should grant that Authority through the special permit process in the town of De field but the applicant might not want to agree to that their okay but for my purposes that sounds reasonable um and the other you know maximum of four seems totally reasonable off street parking seems totally reasonable what's the is there another one any others that you might want okay all right uh Miss uh Richard Herrington I think my only concern at this moment in time is that we're consistent and we've already given one in town I would like to be reminded of what Ru rules and regulations we put on that one before I decide I I am in favor of this but I'd like there to be some consistency uh as far as I can recall for the two that we did that were recent uh one on Grave Street and one the one on Grave Street was much more definition of a bed and breakfast was a single family residence to start with um the one that was a change of use from the the picture frame Gallery next to um Fisher's garage we conditioned that on number of people both were um we conditioned that on non-transferable um that it had to stay with that owner it couldn't be transferred to another property and I can't and I believe uh inspections um on those as well are all other regulations then I'm in favor of it as we've said so far off Street Park working limited time for people owner occupied that sort of thing okay the only thing I didn't have a specific on you said limited time so on that rental did we want to say a bed and breakfast is short term we'd say four nights or seven no that's up to whatever program he goes with if the town wants to collect money from Airbnb or wherever then they have reg rules and regulations and we should let those set so that the town makes its cut no I'm I'm not sure I understand how how question would do does anybody want a contition on number of nights of the bed and breakfast how many nights could you could you do a 21 day Reserve 14 day Reserve day no my question was more about Gabby what what like Airbnb has specific rules that you can't be more I know but you mentioned some cut to the town Well yeah if you if you work through Airbnb they they take a they take a percentage and they give the town the taxes no that's what's happen most get some I'm not but I guess you're right so so uh so but you're saying and they have their own rules and regulations each different company about how long you can rent for yeah I mean you can pick up to 60 days on vbo and up to 30 days on Airbnb right so I think we should let you know let that hold true for whatever company Mr Nunes goes with can I say something sometimes you know I might have somebody wants to rent it for 30 days okay like s going work at the library maybe they want to have an office space here they want to rent it for 30 days so I I can't see how you want to limit me to like four or five days that's ridiculous well what the well we're not we haven't done that the member was saying the member was the member was saying that she wanted to leave it up to the platform and now you as the applicant said that you might rent it as office space to Da Sullivan for 30 days so that's way different I'm just saying someone wants to rent it for 30 days someone who's working sir can you use the microphone so the people can hear you I'm sorry I it's I don't like sitting like this myself but okay I've been reprimanded for not so got you all I'm saying is that if someone went surrender for 30 days maybe someone who's working at DH Civ and he's doing the construction over there the carpentry work and he wants a place for 30 days then I'm going to give him a place for 30 days you know and you can't tell me that I can only rent there for four days I mean that's that doesn't seem right you know well we we can but we understand that you think that's um honorous and and and you know not going to work for you to have that short of a limit right I mean I think that but I'm confused by Gabby saying we're going to set a condition but we're going to let the platform set the condition it doesn't sound like a condition to me and I'm not arguing about it I'm just curious as to how you're thinking about that well it's never more than 60 days it's not like somebody's going to live in that dwelling as a fulltime apartment why don't we just say 60 days I mean well vbo is usually 60 days and Airbnb usually like 21 or 30 does 60 sound good to you I I don't know that I'd have a problem if if it's somebody like da Sullivan in there building our library no I don't think I'd have a problem I would agree to that I would agree to 60 days that's fine I mean yeah I hear you Gabby I'm not sure we can you know um pick and choose who it is if they're da Sullivan you know people that we you know love to build our Liv no but if we if we let this gentleman CH you know not go with one of these companies the town doesn't get the tax money the state doesn't necessarily get their tax money and we don't have any other I think that's how it works well most other places that's all I understand I I I think 60 days sounds reasonable to me if that's what you're saying is is the extent that's usually the maximum I'd agree with that I would agree with that quick questions for me um yeah go ahead what are the dimensions of this room that we're putting four possibly adults into it's about 276 square feet yeah I might go with a reduction in the maximum to to two anyway he was saying two like one two that's all he's going to do in there anyway like I hear you David why do why do we want to allow four human beings to to live in that space for 60 days that doesn't seem because if it's an Airbnb and it's two adults and two small babies then there shouldn't be a problem if this man chooses not to rent to children that's a different story but that should not be a problem well but we're also working with the gentleman who's who's asking for it he's telling us I don't know I mean do you want to speak to that say no more than two adults sound like something no more than two adults no never never no no no no that ain't happening no I'll sign something of that too so you're comfortable if we say a limit of two two adult no I think I I was just wanted the question answer but I I I kind of agree with two adults is good but you know if someone's doing an Airbnb and coming in with two kids um shouldn't be a problem either I think it's the long-term idea of for unrelated adults in in a place sounds quite small that could be problematic so two adults is what we're kind of coming to agree on um well I would say maximum two adults but four people if again as that Gabby says people have two little toddlers coming in and I hear you they're traveling through I mean again we have no information about the layout you know queen siiz bed pull out sofa um what I'm comfortable with what you're talking about two adults maximum four people yeah okay okay so at 7:30 just so everybody's aware we're going to either continue this hearing or we're going to to another day or we're going to we're going to start the next one at 7:30 or we can if there's uh we can close the public hearing and take a vote or we can continue it to another day what would the membership like to do I'm going to start with Laura I'd like to vote okay I'd like the vote okay I'm seeing yes on that okay so we're going to close the public hearing no one else from the public is on Pat there's a gentleman named Jeff Squire I don't know if he's with the applicant he's with Berard design next that's what I thought okay okay so sir yes sir all right so we're in a public hearing okay before we close the public hearing I just want to make sure that that you uh and the board the membership is on the same page with the conditions that you applied for a bed and breakfast correct permit for a bed and breakfast correct okay and that in order to operate that bed and breakfast that it has to be owner occupied that you occupy the first floor with that bed and breakfast okay and that you're going to rent it on a short-term basis for no more than 60 days yes okay and the maximum occupancy and that is a mix of adults and children not to exceed four people yes okay you're going to allow for inspections as required by the building inspector the Board of Health and the Southfield Fire Department as they determine to be needed you had to explain to me what needs to be needed hone mean year they going to come in once a year or I'm not I have no they if they want to do inspection based on your speci think I should know this before I agree to it yeah I'm explaining to you that we're going to make a condition that if the building inspector the Board of Health or the fire department want to do an inspection that you have to allow that inspection to take place if it makes if it makes them more comfortable it wouldn't be without notice it wouldn't be wouldn't be without notice it wouldn't be random oh okay with notice okay fine that's fine right no on Street parking and that you conform to all other Town Municipal ordinances and state regulations yes yes okay all right so I need someone to make a motion to close the public hearing so move make a motion to second okay so just for the record because of the online thing David Potter made the motion to close the public hearing G Richard Haring Harington and we're going to go around and vote I'm in favor I I vote Yes I Adam yes Gabby yes Dave sharp yes okay now that the public hearing is closed we have 90 days to make our decision do you want to move forward with voting on a decision or do you the board members feel so they have would like to set another date or do they want to make a decision tonight Laura um I'm ready to make a decision okay same I'm uh yes and D yeah okay all right any other discussion between board members I would just like it added into that condition with notice as we stated that the inspections would be with notice yep all right so I will uh I will get right back on this and I will read what we're voting on okay okay the zoning board of appeals is going to be voting on a special permit to David Nunes of 70 North Main Street okay in South thefield Mass he is asking for a special permit to operate a Bed and Breakfast map 169 lot parcel 36 Central Village residential district and that permit for the bed and breakfast will be nonr erable issued just to the OCC to Mr Nunes with the following conditions that the applicant agree to in the public hearing no on street parking a maximum oppy of up to four people a maximum rental term of no more than 60 days inspections with notice as needed by the building department the South Deerfield fire department and the Board of Health the applicant also agrees to follow all other state and iple regulations I'll entertain a second on that if anybody sees fit I okay second by David Potter any other discussion on the motion and the matter at hand okay Laura Laura ponan I David pot yes Adam Sosi no Gabby Richard Harrington yes Dave sharp yes okay all right sir so you have uh a vote uh in your favor to operate your uh bed and breakfast there um if you want to follow up with Amy uh she'll take car at the next part of the process and getting that over to you okay sir thank you all right thank you thank you thank you you're welcome sir okay uh next up Hamshire Lumber unless anybody need a recess for five minutes I'm good all right special permit hearing 16 Elm Street notice hereby given that the Deerfield zoning board of appeals will hold a public hearing on Wednesday May 22nd 2024 at 6:30 p.m. on an application filed by h sh Lumber Deerfield LLC for a special permit for property located at 16 Elm Street identified in the Assessor's record map as 168 lot 20 and lot 121 to allow a retail sales or rental building in a building greater than 4,000 square foot up to 30,000 square ft for enclosed floor area in the CI District as provided by zoning Blas 179 2230 application and docum doents available for review in foyer of municipal offices online at www. Dearfield ma. Us in calendar events so we have the applicant or the representative in front of us correct all right sir go ahead uh my name is Jeff Squire I'm with the Burk Shear Design Group here uh on behalf of hamshaw lumber um chip farum uh also with hamshaw is here also with us St or any building or business specific questions um as noted in the application um this is a special permit site plan review application to the town um under Section 2230 for retail sales in a building over 4,000 square feet um as you noted this is um 16 Elm Street um just going to cooperate with me um 16 Elm Street which is at the corner of Elm and railroad uh where existing building is um and the adjacent site which is 14 Elm Street currently undeveloped um will be adjacent to the uh will will be the future Municipal ly lot project and at drive a um in total it's just under 1.3 Acres uh 60,000 square feet of property um and this building is currently a pre-existing non-conforming condition at least with regards to setbacks um it's it's tight up against the property line along Railroad Street and and certainly doesn't meet the front set back along Elm um I don't know what the distance is but it doesn't meet the 20 ft um currently so um the project um as noted proposes uh a new uh 12,000 foot building adjacent to the existing building on that vacant site um that empty site we are proposing a new sidewalk connection um there is storm water management that was reviewed and approved by the planning board um under the storm water permit along with the site plan view component of the special permit application um at um at their last meeting um we did provide some up small plan updates um to you in response to some of their comments primarily dealing with just some increased um screening and vegetation along that Eastern elevation um which will be visible from you know both neighbors but also um you the municipal parking lot um um there is a sidewalk connection to the to the main walk that's proposed to sort of circum navigate the site um and this building does conform to um to the required setbacks and um and overall the site is under the um allowable lot coverage for the district um the commercial District um the only other uh clarification is uh with respect respect to parking again the existing site um does not comply with with current parking um it's um you know obviously the the parking majority of the parking is along Railroad Street there's some parallel parking here and then out along Elm Street um as part of the project there is a gravel uh space in the back that will be made available for customer parking it holds roughly 15 to 16 spaces so there will be some you know some provision for parking on site understanding it's it is um it is fairly strained um so that is an improvement over Uh current conditions um I don't think I have anything else to well I have a few questions um I I guess my biggest con concern is um you know this is this is a gateway into the Center South Deerfield District right and we're in a process of of having a major construction take place with your building um that's going to be around for a while so um with that I think back to the cumland Farms project and the zoning board input there that that had them um make some changes to make that a little bit more attractive than your everyday Cumberland Farms uh you know with the pitched roof and no green um in the extra windows and the uh Stone and um you know in those things as people come into town I just don't know if there's going to be any Improvement to your existing structure if you can explain that and then um on your current structure um if there's I mean and it was a big deal with Dollar General that you know the first proposal didn't have a pitched roof or didn't have certain things that were part of community characteristics and members of the board condition that wanted that project conditioned to to have that type of thing so it looked uh more historic more aesthetically pleasing um Etc uh and that plan was was changed to add you know uh pitched roof and add more windows even though they were fake Windows to help you know with the with the curve appeal so I just didn't know if there was uh any type of work or any type of uh thought or consideration given to some of those things uh I know you guys have done a really good job expanding your business and have acquired other places that were pre-existing so you don't really have like a you know all your places look a little bit different you know what I mean there's not like a hamsha lomber specific you know this is how all of our buildings look so you could speak to that I'd appreciate it sure and I chip may be able to offer more information um you know I know with respect to their existing building um there's certainly discussion about you know repainting it and and freshening up you know the the exterior you know color and just um you know brightening that up so um I know there was discussion about that with respect to um the new building um certainly aware that you know it faces Elm Street and has a significant you know presence along that streetcape and and wants to tie in with that character so um you know I think at least in so far as the way it reads you know from the street um that it's the scale proportions are consistent with some of the their architecture you know up and down um that face of of Elm Street um it's certainly a long sort of narrow building um you know partially is due to the to the um desire to to put um solar panels on the roof and so having that you know fairly flat roof is is critical especially given the you know the orientation of the building that a high pitched roof or on that scale of a building isn't really um you know an appropriate it would be a really tall you know it would be an A-frame or something um but the the parapet in the front wall in the front gives it you know the the the character and the um sort of the curb appeal that street presence that um I think you speak to and the the back of the building really is um you know absolutely dressing up this with with some additional vegetation um the other elevation is directly abing their existing building so that isn't um that isn't very visible and then the back of the building um you know again it's it's a 60 foot wide building I believe roughly um so it's it's you know it's scaled to at least have a have an entrance way and windows and penetrations to um you know to to give an indication of where you know customers should go um but most the most the attention has been you know brought to the front with Hardy clapboard um um you know Anderson Windows I can certainly speak to some more of the characteristics but I think you know color and character materials um are all intended to tie in with um the existing streetscape certainly would there be you know any idea on the other side there there second pcture down uh and then on the side facing the proposed lot development to add some uh of those light fixtures like you have over your main entrance and even some you know uh some windows or at least maybe some light fixtures where I see you added that vegetation in yeah from the original that was the planning boards requests but um yeah I mean it's it's it's a small area to work with that's for sure I think there's certainly some intent of providing some you know means of security lighting whether whether it be associated with the ly lot project um you know we are right up against the property line so you know if possible we'll have some fixtures installed as part of that project that light that sidewalk um but if there isn't enough space there's certainly some you know room to mount um you know a couple of those downward facing um you know gooseneck lights yeah know I I I'm a big fan of the style of lights on the front of the building I like I like that I just didn't know if we could maybe add some of those around the existing building and you know Spruce that that whole Corner up absolutely yeah so if you could just come up to the microphone either share that would be great I'm chip farum facilities manager um yes we if you really got to get closer I'm sorry we are addressing those lights down lighting night sky lighting they Callum so it'll be all facing down just like the front and we'll be more than happy to put some windows on the side if you would like more appearance on of architectural um the Hardy is a very good product it's a ningin product uh it's G to be cadboard on the front it's going to be uh on the side will be Bard and Baton look U very Farm looking traditional looking products so um and the we haven't really set a a theme of our colors but if we look at the Greenfield store I just got through modeling that that's what we're really going with that black window with um yeah right there with the that hand color with white trim um and we added the the parapets down here when those are going to be all accented with ASAC trims um probably a step Shadow trim so it looks really architecturally pleasing just like the one next door to the house that has a parit yeah um we're just trying to make it fit for the town yeah I I just um no I appreciate it and I like those things and the architectural shingle look and I just you know I think when you have a company that's committed to Deerfield and committed to the look and enhances the property then it you know kind of puts some pressure on their neighbors to make some enhancements as well so you know it's kind of a trickle down effect where um you know that improves it and especially as we try to improve the parking situation downtown to help uh all of our businesses you know hopefully increase their revenue and um increase the experience um I just think that you know any downward facing lighting is is helpful um a lot of people end up parking after you folks cloth over on Railroad Street and then walking in the evening to uh the different restaurants um you know so th those are things that I think if we can enhance it through this project uh it's beneficial y I agree may ask a question just for clarification on Aesthetics yes um is it going to look more like the Greenfield one or is it going to look more like the orange one it's going to look more like Green Field okay is the orange one looks a little industrial that's uh yeah that that was done 30 years ago okay so okay I couldn't I just couldn't quite tell what the flatness of the paper so I just wased to ask the uh the Keen store is the bigger one of all that is was our pension 15 years ago and then when we took over the leader facilities um we're trying to make it all look like the Greenfield store great thank you so much can ask a followup question sure is is the Cabo style going to be the same as what we see here in the Green Field store yeah um it's going to be the clab board on the front and the board and bat on the sides and it probably be it will be Cloud boards on the rear so B is vertical right vertical with a one by three strip yeah thank you I have a question would a some sort of a peaked facade on the flat roof building affect your solar gain no because it's going to be I believe it's going to be low enough so it's not going to get involved the sunrise and can you speak to the parking in the back the gravel how is that accessed uh from railroad's side through the security gate I see okay so that's how people come through the facility now and they'll go out to the lum Supply or drive through the warehouse which exists now and could you uh describe what is the purpose of the new building to bring more merchandise to the town to so you don't have to drive 30 miles whatever and the uh existing building will be a different use the existing building will be uh eventually remodeled to show kitchen displays window displays um basically the FL plan is a a hardware store um showing mill work in the new par have small office mostly all retails Supply we want to bring hardware and some pet feed to the to the mix um okay so it's it's just an expansion it's going to be a big hardware store and and then the existing will have a different feel maybe down the road you'll you'll y yeah we're not going to abandon that it's be um very good remodel down the road yeah I guess um I'm in agreement with what I hear from Adam as far as um you know leaning into some enhancements um of the existing building um you know I feel as Adam does that there is a gateway and you know we're we're here giving a special permit for special purposes and you know it's uh it's it's a thriving business and we want good business but we would love to um lean into some of that um enhancement of you know not just the lighting around the newish building but but you know uh lighting and uh perhaps dressing up I don't know if you thought of signage you know and that type of thing I want to address that um for enhancement as you drive in for the from route five or the railroad tracks it it doesn't look very pleas but we want to make that better um we want to make that Island look better so I'm volunteering to say we'll put a planter out with our name on it and dress that up I mean this is probably for another discussion but we're here to help the town improve the entrance um and where the employees park now again I'll raise my hand we want to improve that to make it look more presentable of open for suggestions uh I want to get rid of that weeds that grow there all the time to make again the presence welcoming and yes we will repair and uh one of the plans are down to make that shed look more presentable on Riv side so it doesn't look like it is so all these are thank you phases yeah just going through my my mind here um it reminded me picture there uh are we going to be able to get those dumpsters moved into a container after this Project's done off the side of the street your your uh your dumpsters yep that are on Railroad Street now we can find a place for them yes and and the total parking then you um are there still spaces right in front of the store so we did we did provide um we did provide legitimate accessible spaces in the front just because of it's proximity the entryway so that there you know there is a drive lane that goes into the warehouse you know portion of the existing building but we're taking advantage of some of that added space that's there now um to create yeah legitimate accessible parking so so that will be two spaces that are in your control you and then in the back there's 15 and and uh in your experience is that adequate is that I mean you know do your other stores have that limited parking our gammer store has limited parking um about 15 people um and we you know we don't have that many people at once yeah must be have a special event going which once a year anniversary sale but um you don't see it being fill up yeah and people can be inside right as they're coming through thank you and so do we have any information at all about signage uh there wasn't anything submitted I know the intention is to update the existing signage to be within know zoning conformance I don't you know the but um I know there were some controllers on um the elevations and drawings for um but I don't it hasn't been you know laid out yet specifically there's you know there's some some resemblance of what would entail but um yeah I think because we have limitations right so so that could be another special permit on that you clarify that not me personally what was the so I was just going through your list here that you submitted with your packet and I was just checking off what well I just know that we've approved special permits for big signs um so you got you're limited in you know you're bringing a new sign uh be just beware that you know that could be another special permit or I don't know if it could be tied in or it's a separate thing it's a it's a separate thing but there is some possibility that there'll be changing in that bylaw okay all right but it does it it it's and of course is there would there be a freestanding or is against the building against the building okay um and that's something that we could depending on what they what the board wants to do and what their long-term plans are they may want to incorporate that in a permitting process when they after they complete this phase and then go to renovate the other pH the existing building because that's what I'm hearing correctly that you're going to build a new building over the next 18 to 24 months and then you're going to at some time you may make it a renovation to your existing structure any members of the public uh like to speak any Butters yes ma'am just go to the microphone please no right behind you there's one it up there y just get right close to it you can take it off the stand if you want or if if you feel more comfortable and you want to sit and use that microphone you can come right up to the table here okay is it on yeah I think so I can hear you can da hang on let me Dave can you hear on Gabby yep they can hear you on the computer excellent and 12m and so I'm here just to see what's happening because it's right next to our property and I know that I have dealt with hamshaw with the tree lawn louder please no this is this is Chip he's their facilities person they really nice and they did take care of the brush and everything um that was encroaching on my side so I appreciate that very much and I was here to just see you know the side that will face my area what it would look like and that there is a road from the parking lot ET Park area in the back going between our properties and they have trees and I don't know if there's going to be much uh sound or noise coming from that area I don't think it's a working Mill or anything like that that would encroach you know with sound or Etc so I think it looks pretty good okay thank you thank you thank you Pat is there anybody online that would like to speak for public comment there is not okay thank you well board members uh I mean any anybody else I mean this is a major project if it's something that people want to think about or take some time we can continue the public hearing we can talk about conditions if the applicant wants to or board members have any ideas um or requests of the applicant I have a question is the is all this new parking lot work from the town going to be going on at the same time I don't know I I don't know what the applicants time frame is we can ask them when they're going to do it I don't know as if there's a bidding process in place we have uh Miss croll helping us tonight she may know if their parking lot is out to bid or what the story is with that or the applicant might know so wants the answer go right ahead just make sure you talk close to the mic that's a reminder we're we are birkshire design is also working on that project coincidentally and it is it is out to bid currently so yes bids are due um the middle of June is it plausible that the work could happen simultaneously what's yeah Hamshire wants to break ground as soon as possible before winter so I could see both companies doing major work but um ours would go rather quickly yours with too I'll comment I mean if everything was to happen then it does appear as though they're both going to happen at the same time and they would happen this year so but that's if it all works out and my next question is the where the current parking is along railroad between the tracks and Railroad Street is that town-owned property and is there any plan to uh fix that up a little bit so all this great new work on hamshaw Lumber isn't sitting next to that space like just graveled or something fix that up a little bit between the tracks and their building if you want to speak to that from bir designer I know if you look at the layout of the actual property lines that the town has room there and then the railroad does own some property towards there right we we are also working with the town um as they consider a compl grant um that is looking at um other portions of Elm Street and I think this portion of railroad to make some improvements um both yeah both along Elm and and uh railroad so I know we've been in discussion with them about you know this lot and you know other parking along Elm Street in general so I know it's it's on the The Horizon anyway thank you and and is there still alongside the building on Railroad Street is there any parking is that is that where employees park or is and and you know just is that the edge of your property right there kind of before Railroad Street itself begins yeah when they realigned that railroad crossing they took away all that parking in the front of the store and the side oh okay um so the employees have been parking across on This Town strip that we're talking about right now I see okay and I'm about to dump some gravel there myself to make it look better I was gonna say I assume you have some interest in how it looks how it feels you know freezing so thank you I um I think that the presentation is good and I'm going to start with um some conditions that I would like to see incorporated into the special permit if the board sees so fit to Grant it um I would like the applicant to I would like the applicant to agree to a 36 Monon uh performance um that the project will be complete in less than 36 months um I know that's a long time I think you're going to get it done less than that uh but if not I want um the applicant to have to come back I've seen a couple projects in town that have been approved not NE one approved by this board others not that have been dragged out for a substantial period of time or the person hasn't acted on their special permit and Bob and I have talked about that and the situation that this board was involved in on how to handle that because the change of use didn't happen and so I think that it's puts a protection in for the town that if something happens that you have to come back 30 that's three years um it's just something that I thought for these larger projects should be a condition uh again the applicant doesn't have to agree to the condition and we don't have to and we don't have to finish this tonight either we can set another date if people have to talk to other people um I would like to ask the applicant to add um Lighting on the existing building on the Railroad Street side and on the north side of the building and on the um L lot driveway side of the building consistent with the lighting on the front of the building of a similar style in nature facing down not facing out to help enhance Lighting in the neighborhood and again on this 36 Monon performance doesn't have to be done right away but it has to be done at at some point um I would like to take the applicants uh gesture up and put it down as a condition that they're going to maintain the weeds around the property out to the railroad tracks um they're going to move the dumpsters inside their property inside the fencing uh and off of Railroad Street um as well what else we have here dumpster move lights and then on 16 there on their list I would like to take the applicant as uh as he presented that the um store will closely match and resemble the Greenfield store with similar products as the applicant public hearing and if anybody has any objections to those or wants me to explain my thinking any further please let me know Adam I have one question so this new the new town parking lots I'm assuming the town's going to light those I just wonder if additional lighting even though it's down Lighting on a building that tall fairly tall maybe affect the the just the the people next door that maybe with with Lighting on that long driveway and Lighting in the parking lot maybe too much okay we could um we could do time lighting too um you know we could say um that you know at 900 p.m. you know your exterior lights go off or we could maybe just say on the Railroad Street side where there's no lighting and no plans for a parking lot that we we do that I I definitely understand we don't want to overlight it but it yeah timers would be fine but if we hear a complaint that it's you know ridiculously bright till late at night I think we need to deal with that yes sir do we have what's how many lights are going to be on the parking lot we have that set yet we along the along this drive lane there are none because of the narrowness of the strip of land the sidewalk and I thought there was inability to run electricity we've got okay yeah okay but there's no the town's not installing any Lighting on the driveway on that side here so the highest I could see those lights going is probably 10 ft right I don't have any more than that okay well they're not going to light up the sky they're going to be down light night night sky dark sky yeah I'm comfortable with that I'm comfortable with what you laid out I like those um that set of conditions and then obviously we'll we'll add the general you know comply with all Municipal and state regulations uh Adam was the 3 6 months from uh the issuance of the permit right after it signed off any other questions or do we want to close the public hearing and move to take a vote on this or set a new date I mean it's I'm fine for another 20 minutes half an hour if the rest of the board members are if people want to take a break just please ask I don't want anybody to be uncomfortable I'm just curious if the applicant is um comfortable if we do close the hearing that means we take a vote tonight are you're comfortable with those conditions yeah I mean I'm happy to read read them back too as well okay did we hear any kind of timeline for breaking ground on this building uh chip or the the break uh question it was a little hard to hear in here but I think it was uh breaking ground you want to break ground this construction season correct they want to break break ground as soon as possible this construction season we got to get through the building permit process though of course I mean plans all that stuff yeah okay okay I'll entertain a motion to close the public hearing if if we're good so moved Gabby okay Gabby made the motion to close the public hearing it's been seconded I'll take a roll call vote on that Laura Laura pontan yes David Potter yes Adam sakoski yes Gabby Richard Harrington yes Dave sharp yes so the public hearing is closed any discussion against board members or do you want me to reread the permit and the conditions yes please okay oh we do have some public comment that I just want to make sure that we just get on the record here uh from the fire department project shall comply with all fire prevention General codes and laws so I'm sure that's pretty familiar with you and we talked about the condition that you have to comply no comment from um the assessors uh looks like we didn't get anybody else is [Music] back here we go for okay we're going to vote on a special permit the applicant issued to the applicant non-transferable hamshaw Deerfield LLC 16 Elm Street South Deerfield Mass the location is for 14 Elm Street southe for Mass which also encompasses 16 Elm Street uh it has map 168 lot parcel 121 section 20 zoning District C1 proposals for construction of a new 12,2 square foot building in addition built to adjacent the existing building at 16 Elm Street the project includes a new subsurface storm water system to manage the additional impervious area a new sidewalk connection to six to Elm Street is proposed while the rear of the building will be an extension of the gravel surface next door new water and sanitary services are also proposed new site lighting is proposed parking requirements will be accommodated on the adjacent public streets so and that was signed and submitted on April 30th so back here so the applicant agrees to the following conditions as part of the special permit a 36 Monon performance to completion of work for the special permit we want the applicant agrees to add similar lighting to the that's as proposed in the front of the building to the other three sides for downward lighting the applicant agrees to maintain on the public property adjacent Elm Street and Railroad Street the weeds and uh area to best keep up the neighborhood the applicant agrees to move the dumpsters inside the property when the when it's completed and the applicant agrees the special permit uh condition that they must file all Municipal and state regulations okay any other discussion or does someone want to make a second second that can I ask a quick question sure just I'm sorry I should have asked it during the rest but just of the applicant um the uh south east corner of the building there that you see along the I don't know if Jeff can put that back up but you see along the new kind of roadway going in what what's the setback on that corner Southeast go to the right go to the southeast uh well I wish I had the cursor but the bottom right corner there is the southeast corner where it's touching the new driveway going into the back parking so the property line is actually this solid line here to provide 15 foot or 10 foot setback the town has an easement to use their property for the driveway it's still their property oh I see okay okay I was just in the zoning table there was something that had it looked like it went from 10 feet to one 1.8 feet or something but I may be reading something incorrectly well I think the it was is answer is that the town got an easement over the property as the for the driveway where if the owner of the property didn't want to allow the easement then they would have the building and there wouldn't be an access to the parking lot there yeah yeah and and just curious but is that a two-lane road uh that is still up for Town debate as I understand it okay yeah because it looks about the WID is 18 feet wide so it's wide enough for two-way traffic um but there's some I guess internal discussion about whether it'll be one way or two yeah okay okay thanks for clarifying so so we've made a motion already I I read over the conditions I read the permit and we can have a motion to Grant the permit as read I'll make that motion to Grant the permit as read okay a second I'll second it okay that was second by Laura and the motion was made by Dave for the note Keepers okay any other discussion hearing none we'll take a roll call vote on that to approve Laura ponan yes David Potter yes Adam Sakowski yes Gabby Richard Harrington yes a sharp yes okay great thank you very much Amy will take care of typing that up and having it having me sign it and perfect get that recorded yes excent yeah great all right thank you every thank you thank you all right last order of business here uh motion to approve the minutes of the last meeting second second by David Potter it look good to me any discussion or questions no they look good to me okay all those in favor I I David Potter I Adam Sosi I gab Richard Harrington I Dave sharp I okay Bob anything else from you thanks for joining us no no I'm gonna say good night all right thank you thanks Bob all right I'll take a motion to uh disp moved David Potter all right seconded by me all in favor all right I