We are live. >> The chair notes the time is 6:05 p.m. and I call the meeting of the Amherst Zoning Board of Appeals to order. My name is Ero Henry, chair of the Amherst Zoning Board of Appeals. I want to welcome everyone to this meeting. We will begin with a roll call of the
ZBA members. Mr. White, >> present. >> Mr. Meadows, >> present. >> Mr. Ser, >> present. >> Mr. Held >> present. >> The chair knows the quorum is present.
Also present tonight is Mr. Justinta Williams planner for the town as well as Mr. David Wascowitz. Pursuant to chapter 2 of the acts of 2025 extended through June 30th of 2027, the ability of public bodies to meet in
a fully remote or hybrid manner. This meeting will be conducted via remote means. Members of the public who wish to access this meeting may do so via Zoom or by telephone. No in-person 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 4A 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 Amherst. One of the most important elements of the Ammeris zoning bylaw is section 10.38. Specific findings from this section must
be made for all of our decisions. Statutoily for a special permit, the board has 90 days from the close of the hearing to file a decision. No decision is final until the written decision is signed by the city board members and is filed in the town clerk's office. Once
the decision is filed with the clerk's office, there is a 20-day appeal period for an agrieved party to contest the decision with the relevant judicial body in the Supreme Court. After the appeal period, the permit must be recorded at the register of deed to take effect.
Tonight's agenda, we will have approval of the minutes from September 11th of 2025. We will also hear public hearing ZBA FY2026-03 65 High Street request a special permit under section 3.3241
converted dwelling to convert an open porch to a bedroom in one of the dwelling units. Additionally, the applicant requests modifications under section 7.90 to have more than 50% of the parking spaces to be compact. Parking spaces
allowed by section 7.104 for property located on map parcel 14B-90 RG General Residents Zoning Districts. This meeting has been continued from September 11th of 2025. Also on the
agenda is ZBA FY2026-05 610 East Pleasant Street request a special permit under section 3.3241 for the modification of ZBA FY 89-23 condition number one to update the previously approved site plan and
construct a wooden ground mount solar array for property located on map parcel 8B/79 RN neighbor for the resident zoning district. Has anyone has everyone had a chance to review the minutes from um September
11th? And are there any inputs and or corrections need to be made? I see no hands or any objections to the minutes. So I will entertain a motion to approve the minutes from September 11th, 2025.
Is there such a motion? >> So moved. >> Is there a second? The motion has been moved and second. The vote occurs on the motion. Mr. Slovder >> I. >> Mr. Meadows >> I
>> Mr. White >> I >> Mr. Offeld >> I >> and the chair votes I. The motion is approved for the September 11th 2025 meeting minutes with no objections or
abstensions. We now move to the petition for 65 High Street ZBA FY2026-03. I know that um there were some late submissions and one of those requests
was for a continuence. So, um, Miss Williams, if we can have the petitioner for 65 High Street be brought in and so we can have a discussion on that petition. I think um,
the board gets to decide one on the continuence or have a full hearing with an up or down vote on the petition that we continue to date certain to today. So, um, who represents 65 High Street?
>> Hello. Uh, thank you for having me. This is David Buren from Legacy Counselors PC here on behalf of 65 High Street tonight. Um, is it okay for me to speak? I don't want to I don't want to interrupt if Oh, okay. Great. >> This is why you're here. Thank you, Mr.
>> Thank you. Um so the ultimately um one of the primary requests that were made to us on the September 11th meeting date um were some concerns related to the safety of the parking area. Um we had submitted our um updated site plan and
parking plan to the fire department um seeking their you know their input essentially because their their input could have a huge impact as far as whether we have to redesign the entire parking plan. there was a potential discussion about moving the cars to the other side of the driveway or the possibility of us needing to actually
extend the driveway an additional foot. So, um we feel that their input is um is quite relevant to this application. Um so, you know, as soon as we had our site plan back from our surveyor, we sent that over to the fire department. I dropped it off in hand the following day. Um and we have been contacting them
pretty much daily hoping for, you know, an update on on their review of our plan. Um and as we had been uh previously admonished about um peacemealing our submissions, we wanted to submit everything as a cohesive hole. Uh so we do apologize for the late submission of of the updated submission
materials. We were truly hoping to have all of our you know all of our updated information for this board um to present tonight. Um but as we're still waiting for that plan review back from the fire department, we are requesting a continuence. Um I don't expect that it
will take a particularly long time. um to obtain that. But uh it looks like uh uh Mr. Buskevitz has a uh his hand raised. So >> he does. But if I may ask a question before we get to Mr. Wasitz, when did when did you submit the plan to the fire
department? >> Sure. So we got our plan back from uh Randy Eiser on the 14th. Um and we submitted it on the 15th. So >> 14th the 14th of this month. >> Correct. That's correct. >> Okay. Um Mr. Witz.
Yeah. Um, just before this meeting earlier today, I spoke to, uh, fire prevention officer Chris Baskam and just to see where he was at on the plan review. I don't know that he was actually going to send anything back, but just so the board is aware, um his
my conversation with him indicated that he didn't feel that there was any um codes that he could uh pursue in terms of access to the to the house and uh the firetruck being able to get into the driveway. He readily admits that the way
the driveway is, it would be difficult for the firetruck to get in, but he also understands that this is an existing condition. There's not a lot of room there. He said he was happier to have the cars parked in the driveway than
they would be if they were on the road, which hampers their firefighting abilities. And I did take a drive by there tonight before this meeting. And I do see that there is no parking on one side of the road, but there is parking on the other side. So, um there is a
path available for the fire trucks to get through, but if should there be a fire there, they would totally block the road for sure. Um but it is one side parking and it looks like there is no parking on the side where this house is. So, it would give them a clear shot
should they need to access the house to park directly in front without any obstructions. So, um I don't know if the board wishes to have more than what I'm telling you tonight, but that was uh what he did say to me earlier.
>> I truly appreciate that. >> Thank you, Mr. Weskowitz. So, I I think the and and and I will allow members of the board to um weigh in, but I think the submissions that we received, I'm not sure if anyone if everyone had the
opportunity to fully go through everything that was submitted um to us. And so, I mean, having that representation that the fire department doesn't necessarily need or will submit something back to you, Mr. Buren. Um I
don't know if that is sufficient for everyone to actually go forward with the petition um as opposed to granting a continuence not just for you but for us as well to review everything as a whole
to see if everything that was required of you in our last meeting has been satisfied and has been met. So I will put this to members of the board. Um I given the yes we appreciate that and
arguably would have preferred if the request for continuence didn't come the day before the hearing but given the fact that we don't have any documented um cancellation period I do not want to
arbitrarily um just say no without giving you some notice. So I would put it to the board um for a vote. Um one option number one grant this continuence or two do you feel that there is
sufficient information for you to make a decision based on what was presented before and what has been submitted now. So, I will open it to members of the board to just weigh in and be mindful again the continuence as well as just
have a full hearing tonight. >> Mr. Slovener. >> Okay. I'm perfectly happy to start. I don't feel um sufficiently informed to move ahead with fully considering this application at this point.
I would be willing to continue it. I'm inclined to say one more time except I don't know if that is if we have the ability to limit it to one more time. But this has been before us enough and I
would like to see a comprehensive response that addresses all of the concerns that we had and to have it uh in an adequate amount of time before the next hearing so that we can consider all
the aspects. I read everything. There are some things in there that I still have concerns about which I'm not prepared to go into now because I'm supporting a continuence uh and that we will look at it. It's
really on the the responsibility of the applicant to answer all of our questions and get it in in a timely enough manner that we can responsibly look at it. one day is not enough to continue to consider all this. So, I
would support um a continuence to another date and would really like it to be the last time that we do look at this and that the next meeting that addresses 65 High Street that we will be
sufficiently informed that we can vote it up or down at that point. >> Thank you, Mr. Chair. >> Thank you, Mrs. Slov >> I would agree with everything that Mr. Sloder has said. >> Thank you Mr. Meadows. Mr. Hoffeld
>> I also concur with Mr. Sloer. Thank you. >> And Mr. White >> I would agree. >> Thank you. So Mr. Buren um I I think you you've heard from everyone. We are willing to extend um a continuence.
However, um to Mr. Silver's point, I this has been before us before. We have um been accommodated into 65 High Street. Um we appreciate that, you know, you're dealing with additional people, not just yourself. So, you work at other
people's timelines and schedules. However, be mindful that Miss Williams also has a responsibility and also has timelines that she has to meet. So, um given that we're inclined to continue
this to a date certain, if for any reason you are going to request a continuance um before the next date certain, you must submit that continuence to Miss Williams within a week, 7 days notice to Miss Williams.
If that continuence is not received within that sevenweek notice, then we will have the hearing with a full up vote. Mr. White, I think you froze. Um, and I would say right now that if it
comes before us again and a continuence is asked for, I will >> I think you Mr. White, you froze a couple times. >> Okay. No, can you hear me now? >> Yes. >> Okay. Uh, no, I was just stating uh echoing everything you said, Mr. Chair.
The only thing I would add is this has been before us as Mr. Sloer stated several times and if it is mentioned in the future that they're seeking another continuence, I would not be able to vote in the affirmative for that. So, Mr. Buren, um, understanding
we're granting this continuance and to make sure that to try to avoid another continuence reasonably, how much time do you need? Uh once again I I you know we were literally just waiting to hear back from the fire department. I do apologize
again for the late submission as I mentioned. You know we unfortunately are working on other people's time timelines here. So I do appreciate the the grace the board is is granting us in this uh this request. Um but u based on the um the report from uh Mr. Wkevitz um you
know I think that we would be ready to go whenever you are welcome you know willing to have us back essentially. So Mr. Ser. >> Well, now for the bad news. >> Um, I will not be available on the 13th
of November, which is, I believe, the next scheduled ZBA meeting >> and the following one is Thanksgiving. So, that's not that's a no. following one is Thanksgiving and then the one
after that that I have on my calendar is 11 December and I'll be here for that but 13 November I'm out of the country. >> Miss Thank you, Mrs. Slover. Miss Williams, you had your you have your hand up. >> Yes. Um, thank you, Mr. Chair. Uh, Mr.
Sloder definitely brought up the point that I was going to ask, which was, can we figure out the date? So, it sounds like it's going to be the 11th of December. But then I also had a clarifying question for you, Mr. Chair. The seven
days, is that seven days within tonight's hearing or 7 days before the next public hearing that we would need the continuance request. >> So, if I understood correctly, you need to advertise this, correct?
>> No, we're just going to um post it again. Post the agenda again. I don't need to advertise it again because we've been continuing to a date certain. If we forget the date certain, then we have to start all over again. >> So, in that case, it would be 7 days before arguably what we're looking at now, December 11th.
>> Yes. >> Yes. >> Okay. Thank you for clarifying. So for other board members um December 11th availability. I see Mr. Offeld. I see Mr. White. I am good. Mr. Meadows, you're okay. Okay.
So, I will entertain a motion to continue ZBA um FY2026 65 2026 0365 High Street to a date certain of December 11th. Um is there
such a motion? >> So moved. >> So moved. >> It has been moved and second. The vote occurs on the motion. Mr. Svin >> I. >> Mr. White >> I >> Mr. Arfeld >> I
>> Mr. Meadows >> I >> and the chair votes I Mr. Buren this ZBA FY20260365 High Street has been continued to a date certain of December 11th. Um, again, be
mindful for any reason if you require continuance that must be requested to Miss Williams 7 days prior to December 11th. >> Understood. Thank you very much. >> Thank you. >> Our next order of business is ZBA
FY202605 610 East Pleasant Street. request a special permit under section 3.3241 for the modification of Zia FY89-23 condition number one to update the previously approved site plan and
construct a wooden grounds mount solar array for for property located on map parcel AB-79 RN neighborhood residents who represents 610 East Pleasant You're muted, Julia. You're muted.
>> Uh, I can represent, but my my son is also here. Maybe I hit the wrong button too soon, but I know that he is present. So >> that's okay. If you want us to bring him
in, we can. >> I think that would be good. Yes. >> Um Juliet, which one is your son? Because I'm Is it the one that's Samuel? >> Yes. >> Okay. All right. >> It's his name that's on the petition.
>> He's been waiting all day for this. >> Okay, here you go. Okay. >> So, if I may have both of you introduce yourselves and list your address for the record, please.
>> Uh, my name is Julia Feny. Um, I am, um, my address is 116 Black Birch Trail, Florence, Massachusetts. And my name is Samuel Shanki and my address is 610 East Pleasant Street,
Ammers, Mass. >> Thank you both for being here and the floor is yours. Just tell us what you're asking us asking of us. >> Sam, you want to go ahead? >> Sure. Um, so we're asking for permission
to construct a ground mount solar array. Um and the permission that we're seeking is just to construct the the wooden structure uh that these panels would be situated on. Um and yeah, we believe so we have design plans um and we believe
that we are within all of the requirements of the town uh as far as zoning. Um and we have a construction company that is licensed uh and insured and willing to begin construction as soon as we're eligible to begin. Um, we
also have a contract with a solar installation company to do what is ostensibly a rooftop solar installation. Um, but it's it's on what will what will be a a constructed ground mount. Um, because the house that we have at 610,
um, as you can probably see from the parcel, there's a lot of uh shade coverage from some large trees. So, we're not actually able to do a rooftop installation on the existing roof. Um, and so what we're looking to do is create a secondary structure in the yard uh that would support panels for solar
production for the house. >> Mr. Chair, Mr. Chair. >> Yes, Mr. M over. >> Um, it might it might be helpful for the members of the panel who were not at the site visit yesterday if you report about
the site visit. I I was going to get to that. Thank you. I was That's okay. >> That's okay. I was also going to list off um the submissions that we have, but um while I find um the report, Mr. Sa,
if you'd be so kind as to tell us about the site visit that we had. >> Oh, I'd be happy to. Um we visited the property yesterday afternoon uh on a day when Ms. Fine had wonderfully arranged for bright sunshine
to demonstrate the effect on the proposed solar display. Uh it is I I'll make a few observations from having been there and looking around. It's the sight of the display is
not visible from the street. It is only maybe visible from the neighbor. We could barely see the neighbor's house from the sight of the solar display. In the winter, it may be more visible, but
it's at a it's at a good distance. And both the chair and I commented to each other that we couldn't imagine that there would be an objection. The height of the display is approximately the same height as an existing shed that is going
to be removed. So the impact is seems to me at least to be insignificant in terms of height or anything. Uh, this struck me as about as innocuous an addition
uh as I can imagine. It's not going to interfere with anything in the neighborhood unless somebody routinely commutes in a helicopter. It's about the only way you'll even know the thing is there. So it it was and also Miss Feny
pointed out u I think they were orange little stakes flags in the ground that defined the size of the display which um of the in of the installation it wasn't even all
that significant. So, um, it the impact on their property and where it's located seemed to be not intrusive to me in any way at all. So, that's really all that we observed or that I observed.
>> Thank you, Mr. Slovenor. And I I I would concur with everything that you said. Um, it seems pretty straightforward um as to what has been asked. Um it's very far back. You have
no immediate neighbors to again we've also received no public comment on this which is a sign. Um if anyone else who was there wish to add anything um you can do so. I know Mr. White was there. I'm see I see you shaking your head. So
again I I don't think that there is any um thing else to add from the site visit. So thank you. Um, for the record, we did receive submissions as of September 15th. Um, we did receive a site plan, the solar project summary,
um, a catalog cut sheet for HD wave technology, a catalog cut sheet for half cell end type solar cell, the solar array dimensions. September 17th, we received the application form. September 18th, we received a photo solar array
dimensions as well as an additional photo solar array dimensions and again solar photo solar array dimensions and more pictures of photo solar array dimensions. So those are all in the packet that we received.
So, are there any questions for Miss Feny or do you say your name Samu? >> Sorry, my name is Samuel. I'm not sure what what is Samuel with with the name here, but yeah, Sam. Samuel and last name is
>> Okay. I I I do not believe we have any questions. So, >> go ahead, Mr. White. I'm sorry I didn't see your hand up. >> No, you're fine. Um, this isn't a question. Uh but I want to reiterate uh in the meeting uh one of the things we discussed or asked a question about
yesterday which is can you please confirm once again that this uh solar array will not have any sort of storage capacity on site. Um there will be no batteries as wasn't instructed to us yesterday. >> Absolutely. Yes. I'm happy to confirm that there's uh there will not be any
battery storage on site whatsoever. Um there's not going to be any it's going to be tied right back into the grid. um and and will not it's uh we're going to be using net metering so we won't even be able to access the power to the house. >> Thank you. >> Thank you, Mr. Chair. >> Thank you.
So given that there are unless there are further comments from the panel, um I would go to public comments to see if we have any public um comments for this
application. Miss Williams, do we have anyone in the public? >> We have members of the public present, but no one has come forward for this petition. So, just for clarity, if anyone wishes to comment on this application before
the board tonight, you may do so by using the raise hand feature or if you're calling in, I believe you press star 9 on your telephone. >> No responses. >> Thank you, Miss Williams.
Given that there are no responses, I would entertain a motion to keep the public um hearing open while going to a public meeting on this application. Is there such a motion?
>> Moved. >> It has been moved. Is there a second? >> Second. >> It has been moved and second. The vote occurs on the motion. Mr. Meadows. I >> Mr. Offeld >> I >> Mr. Sloder
>> I >> Mr. White >> I >> and the chair votes I. We are now in the public meeting part of our deliberations. This is not an opportunity for the applicants to offer any input but it's a chance for the
board to discuss um the application tonight. As Mr. Silver stated um earlier at the site visit. I believe um that we all fully appreciated what was being asked. We saw the property, understood how it
was settled. Um does not seem that there were any issues from any abutters. Um it is within the guidelines and I am inclined to support this without any objections. >> Mr. Governor,
>> I agree. I think this is as straightforward an application as I have been exposed to since I've been on this board um as I I was thinking to myself, if there was ever an application where I would have
been happy to vote yes while I was still standing there, I would I would have done it. But we have to go through the the normal steps. But um they this is as close to the easiest thing I've seen. Um
this is a responsible application. The design is responsible. There's no aspect of this that I find questionable. And with the confirmation that there will be no battery storage, um I'm absolutely prepared to support
this as well. >> Thank you, Mr. Slover. >> You're welcome, >> Mr. White. >> Um, I would echo everything that you've said, Mr. Chair, as well as Mr. Schlloer, and I won't waste anybody else's time on that. I agree.
>> Mr. Offel, >> I concur. I just also want to note that I'm reviewing all the conditions. I don't know if you will go through those in a moment, but I think the staff's uh assessment on all those conditions is is on the mark.
>> Thank you. And yes, we will um go through the conditions. Um Mr. Meadows, >> I have no problem with the petition whatsoever. >> Thank you, Mr. Meadows. So, given that there are no objections
to your petition, we do have to go make specific findings and once we've made those findings, if there are conditions to be imposed, then we go through those conditions. So as part of the application approval procedures, any application received
needs to go through various departments for comments pursuant to section 10.32. Um this was sent to the fire department as of 10:14 there is no response. Um the town engineer as of 10:14 there is no
response. Um conservation I do not believe this is in their purview or affects anything. Um, the site is not jurisdictionally to the conservation commission and there are no comments on this project. Um, I believe the building
commissioner had questions. How and where will the utility connection be made? The new structure is pretty far back and a long distance of the meter location on the southeast corner building. There will be underground work and may be new equipment up front on the building where the power connection is
visible from the street, but I don't see this to be an objection. As of October 15th, there were no public comments and as of tonight as well, there were no public comments made um in real time. We do need to make um the zoning bylaw
reviews and findings. Um in the interest of um time, I will go to section we need to make findings pursuant to section 3.3241.
And so I will start with um that section. An an existing residence, a structure, converted dwelling, an existing residence, a structure attached to an existing residence or a detached structure may be converted into a
dwelling unit or units provided. All other zoning requirements which would apply to converted dwellings are met. This property was legally converted in to a four family dwelling through the special permit of
ZBA 1989-23. A converted dwelling may invol >> I'm sorry. A converted dwelling use may involve the conversion of one or more structures on a given property, but shall not result in a total number of dwelling units on the lot exceeding what would otherwise
be allowed under the provisions of table 3 dimensional regulations for the zoning districts in question. Further, the total number of dwelling units on a given property shall not exceed four in the RG, RVC, RN or RLD districts and
shall not exceed six in the BGBL and BVC districts. Conversion in the aquifier recharge protection or wershed protection overlay districts shall not be permitted. This property again was legally converted into a four family dwelling unit through ZBS special permit
1989-23 and therefore meets all the requirements of section 3.3241 subsection 2. Subsection 4, there shall be no significant change in the exterior of the building except that the special
permit granting authority or permit granting board may authorize modification or alteration of a building. If such modification or alteration does not substantially change the building's character or its effect on the neighborhood or on property in the vicinity, the applicant proposes to
construct a wooden ground mount solar array. The exterior of the building will not be affected or change. Subsection five, except as herein after provided, no converted dwelling use shall involve the demolition and removal of an existing structure proposed for
conversion. Um demolition is not proposed for this. To go to subsection six, the proposed conversion shall be suitably located in the neighborhood in which it is proposed as deemed
appropriate by the special granting permit authority. The conversion if in a residential district shall either one be located in an area that is close to heavily traveled streets close to business, commercial and educational districts or
already developed for multif family use and shall require owner occupancy or resident manager or be from one or two units. One unit of which shall be and shall remain owner occupied requirement which shall be made condition of any special permit use. In such an instance,
no physical changes are proposed to the existing structure and there are no proposed um changes to the owner occupancy um requirement. The dwelling unit shall be connected to the public sewer. However, the special permit granting authority may authorize
with the approval of the board of health the conversion of a structure to allow an increase from one dwelling unit to two dwelling units on allowed service by septic system. There are no proposed changes to this existing structure. Subsection 8, the special grant, the
special permanent granting authority may modify the dimensional requirements of table 3 to one time only for any parcel. Allow a conversion under section 3.3241. That would add one additional unit only if it finds the modification would be in
accordance with the provisions of section 9.22. In those zoning districts where two family detached duplex dwellings are not permitted, conversion of a non-conforming single family detach detached dwelling may result in two or more dwelling units under the applicable
permit. There are no physical changes proposed to existing structure. Subsection 11. A landscape plan or perpet for the project shall be included in the application. There is current landscaping shown on the site plan.
Article 10, the special permit granting authority. The board shall under section 10.38 of the zoning bylaw specific findings make the findings required of all special permits such that section 10.38 and
10.31. The proposal is suitable suitably located in the neighborhood in which it is proposed and or the total town as deemed appropriate by the special granting permit authority. The proposal is compatible with existing uses and other uses permitted by right in the
same district. I will make a finding that the proposal is suitable located in the neighborhood and is compatible with existing and other uses permitted by right in the same zoning district at this time. Section 10.328
8 section 10.382 83 85 and 87. The proposal would not constitute a new constitute a nuisance due to air and water pollution, flood, noise, odor, dust, vibration, lights, or visually offensive structures or sight
features. The proposal would not be substantially inconvenience or hazard of butters, vehicles or pedestrians. The proposal reasonably protects the adjoining premises against detrimental or offensive uses on the site including air and water pollution, flood, noise,
odor, dust, vibration, lights or visually offensive structures or site features. The proposal provides convenient and safe vehicular pedestrian movements within the site and in relation to adjacent streets, property or improvements. I find that the prop
the proposal does not constitute any hazard to butters section 10.392. The proposal provides adequate landscaping including the screening of adjacent residential uses, provision of street trees, landscape islands and
parking lots, and a landscape buffer along the street frontage. When a non-residential use it joins a residential district, an uninterrupted vegetative buffer shall to the extent feasible be established and maintained between buildings associated associated
with uses under this section and the nearest residential property boundaries. where natural undisturbed vegetation already exists on a site prior to site preparation and clearing. The majority of that vegetation may be retained and included as part of the buffer along
with addition of such new plantings, selective removals and other management of site plantings as are determined to be necessary to maintain effectively around visual screening.
I do not believe and I I would also um have the board weigh in especially the ones that were at the site visit. Um I do not believe a landscape buffer is necessary. This is a very settled
property um with ample screenings and trees um surrounding the property. So I would suggest that um a landscape buffer is not necessary here. I agree. Nothing nothing required at all. >> Thank you.
>> You're welcome. >> Section 10.393. The proposal provides protection of adjacent properties by minimizing the intrusion of lighting including parking lots and exterior lighting through use of cutoff luminaries, light shields,
lower height of light of light poles, screening or similar solutions. Um there are no additional lighting proposed for this site and similar to the previous um section I will suggest here that
this is um the section given that there's no proposed this is not an issue. Section 10.394. The proposal avoids to the extent feasible impact on steep slopes, flood planes, scenic views, great change, and
wetlands. This project is not found within the designated flood zone, section 10.398. The proposal is in harmony with the general purpose and intent of this bylaw and the goals of the master plan. I'd like to make a finding that the
proposal is in keeping with the general purpose and intent of the bylaw and advances the goals of the town's master plan to implement green energy alternatives. So those are the findings and I would entertain a motion um to approve set
findings from the board. Um is there such a motion? So moved >> and seconded. >> The motion has been moved and second. Um the vote occurs on the motion to approve the findings. Mr. Slovener >> I.
>> Mr. Arfeld. >> Hi. >> Mr. Meadows >> I. >> Mr. White >> I. >> And the chair votes I. Part of the process of a special permit is whether or not to impose conditions.
Now that we've made a finding that the application is within the zoning um bylaws, we'll now discuss any conditions we wish to impose on said special permit. Um proposed condition, the construction should comply with the site and project plan submitted to the board
on October 23, 2025. Any changes to the site and or project plans must be presented to the building commissioner prior to the installation to determine if the proposed changes are significant. There shall be no additional exterior lighting. There shall be no changes to the exterior of
the building. Should this petition be approved, it is it is granted as an accessory to the principal use. Special permit ZBA19 1989-23 shall remain the controlling permit for the primary use and those conditions
shall still apply. Does anyone on the board have any questions, comments about those conditions or wish to modify or add any conditions? I do not see any affirmative responses. I will thereby entertain a motion to
>> Mr. Chair Mr. >> Yes. Thank you. Just one suggestion for clarification. Number three, it's the building we're speaking of is the residential building, not the soontobe solar building. Right. So, just insert the word the residential
building. Just so there's no confusion there. >> I don't think there should be an issue. Miss Williams, >> I've made the change. Is it not visible? >> It It's visible. Fine. It's visible. >> That's great. Thank
>> Thank you. >> Thank you. With with that change, I would entertain a motion to approve the conditions um for this special permit. Is there such a motion?
>> So moved. >> It has been moved and second. The vote on the motion. Mr. Meadows. >> I. >> Mr. Offeld. >> Hi. >> Mr. White >> I. >> Mr. Slovder >> I
>> and the chair votes I. The motion for the proposed conditions has been approved. The motion for findings as well as the conditions have been approved. I will now entertain a motion to approve the special permit ZBA FY
2026-05610 East Pleasant Street. Is there such a motion to approve a special permit? So moved. >> So moved. >> It has been moved and second. The vote occurs on the motion to approve the special permit. Mr. White.
>> I. >> Mr. Ser. >> Enthusiastically I. >> Mr. Offeld. >> I. >> Mr. Meadows. >> I. >> And the chair votes I. ZBA FY2026-05610 East Pleasant Street. The special permit
has been approved. Miss Feny, congratulations and thank you. You're on mute. Um, but I believe Yeah. >> Um, thanks so much for having us uh this evening. We really appreciate your time. >> You're very welcome. Thank you for making it easy and thank you for being here. >> Right.
>> Yeah. >> All right. Bye. >> Thank you. Our next order of business is any other business not anticipated prior to this meeting. Um I I do have one thing and
I'm not sure how this was done previously and so I thought um I would bring it to the board. The town council usually sends out an email um to the boards of a town to give feedback on
town manager's performance. Um I do not know if historically um the ZBA submitted anything um the chair did anything on behalf of the board or do we just say we don't work as closely with
the town manager therefore we have no input. I thought I would bring it here because um I received that email a few days ago. >> Mr. Chair, I'm fine with however you want to do it because I have no real recommendations to offer. So
>> I um I also got the email. I think it goes out to the whole town. My sense is that this is an individual response that we as a board um are it I don't think it would be
appropriate for us as a board to respond. I think we can feel free as individuals to respond but uh for us to respond as a board means that we would have to meet and come up with a consensus and a statement
and that's another committee and and uh yeah I don't >> thank you David. >> You're welcome. >> I like the way you think. >> You're welcome Craig. My my sentiment was I think what we do is far removed from the town manager. So
I'm not sure how we would rate his performance um again. So but I thought I would present it given that the email went out. I'm not sure if everyone had gotten the email but thank you. Okay. Um,
does anyone else have anything not anticipated um within the last 48 hours before we go to a public comment? >> Just that we no longer we don't have any petitions for November 13th. So that
might be something to consider as to whether or not you'd like to meet. I believe they're going to be voting on one more amendment at town council next week or shortly in the future. So then the
zoning bylaw will be updated and then you can sort of plan for your next administrative meeting. But I'll keep you posted on that. >> Are you are we still within the period for anyone to submit anything to make it to November 13?
They missed the deadline. >> Okay, so that answers that question. Yeah. >> Yeah. Yes. Yeah. So um if if there are um any members of the
public who wish to comment um this is going to be our general public comment period. you may comment on items um not before this is the part where it's not before the ZBA tonight given that our petitions are gone. So if there are
any members of the public who wish to make a public comment if you are via the web you may press um the pound key um I'm sorry on your phone you may press the pound key if you are live on the web you may raise your hand to be called on.
Do we still have anyone, Miss Williams? >> We have three attendees, but no one is eager to provide public comment. >> Okay, thank you um for that. So given that um
we are past the submission period for our next meeting, I would entertain a motion to um cancel November 13's um ZBA meeting. Is there such a motion? >> I see you smiling, David.
>> Well, I'm smiling because now I'm not missing it. I don't have to be racked with guilt while I'm away. >> So moved. Yeah. >> Thank you, Craig. >> Yeah. Is there a second? >> Second.
>> It has It has been moved and second. Um the vote occurs on the motion to cancel the scheduled meeting for November 13th. Mr. Sloder, >> I. >> Mr. Meadows, >> I. >> Mr. Offeld, >> I. >> Mr. White,
>> I. >> The chair votes I. The previously scheduled meeting for November 13 is hereby cancelled. And Miss Williams, other than our December 11th 65 High Street, is there
what is is there anything coming up? >> Not for the foreseeable future. There are a few applications floating around that we are currently reviewing and just making sure they're okay. They may show up on the December 11th agenda, but for
right now, it's just 65 High Street. Thank you. >> And and then a and then after December 11, the next Thursday is actually Christmas Day, so obviously there won't be a meeting. So December 11 looks to me
like it's the last meeting of this calendar year, right? >> That is that's correct. I have drafted the 2026 meeting schedule, but I just want to look at it with fresh eyes before I send it out. It can get kind of dicey when you're like putting all the dates
together. Um. >> Right. Okay. >> Just because I want to try to leave as much of a buffer in there as possible. But I will re view that one more time and then send that out to you. But it's >> pretty much ready to go. >> Okay. >> We can also look at it on the December
11th meeting given that we only have one thing >> for now. You might have another thing >> also. True. >> Let's see. So, fun words. It is not yet 7 o'clock.
I will entertain a motion to adjourn this ZBA meeting for Ah, my >> Oh, you lied. It's seven. >> I know. >> I was just about to say, talk fast. You're about to make yourself a liar. >> So close. Is there such a motion to
adjourn tonight's meeting? >> So moved. >> Is there a second? >> Second. It has been moved and second. The motion is not debatable. A vote occurs on the motion. Mrs. Meadows I. >> Mr. Offel.
>> Mrs. Slovader. >> If I vote no, it could still pass, but I could actually vote against the German, right? >> It it will definitely pass. Yes. >> Okay. Then I'll vote I because I'm a I'm a team player. >> Mr. White.
>> All right. And the chair votes I. Thank you all for your service. And this meeting is adjourned. Have a good night. >> Good night everyone. >> Good night everyone. Good night. Bye.