##VIDEO ID:IzZWMnepd0o## I call this meeting the chair notes the time is 6:02 and I call this meeting of the ammer zoning board of appeals to order my name is Steve judge chair of the amoris zoning board of appeals I want to welcome everyone to this meeting we'll begin with the Roll Call of the zba members Steve judge is here Mr everal Henry here pH white Mr David slober here and Mr Craig Meadows here the Quorum is present also attending the meeting tonight is jento Williams a planner for the town Rob MOA Building Commissioner and uh attorney Carolyn Murray of KP law who assists Us in drafting uh and putting together the all the paperwork and helping us immensely in this process thank you to you all pursuing to chapter 20 of the acts of 2021 and extended Again by chapter two of the acts of 2023 this meeting will be conducted via remote means members of the public who wish to access the 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 Additionally the meetings are recorded and may be viewed via the town of amherst's YouTube channel and zva web page if you wish to make a comment please indicate your wish to do so by raising the raise hand function when public comment is solicited if you have joined the zoom meeting using your telephone please indicate you wish to make a comment by pressing star n on your telephone when called on please identify Yourself by stating your full name and town affiliation please put yourself back into mute when you have finished speaking residents can express their views for up to three minutes or at the discretion of the zoning board of appeals chair if a speaker does not comply with these guidelines or exceeds their lot of time the participation will disconnected their participation will be disconnected from the meeting in accordance with provisions of Massachusetts General Law chapter 48 and article 10 special permanent granting authority of the amoris zoning bylaw this public meeting has been duly advertised and notice thereof has been posted and mailed to parties at interest the zoning board of appeals is the quasa judicial body that operates under the authority of the of chapter 48 of the general laws of the Commonwealth with the purpose of promoting the health safety convenience and general welfare of the inhabitants of the town of amest one of the most important elements of the amris zoning bylaw is section 10.38 specific findings from this section must be made for all of our decisions all hearings and meetings are open to the public and recorded by Town staff the procedure is as follows the petitioner presents the application to the board during the hearing after which the board will ask questions for clarification or additional information after the board has completed its questions the board will seek public input the public speaks with the permission of the chair if a member of the public wishes to speak they should so indicate by using a raised hand function the board will normally hold public hearings where the information about the project and input from the public is gathered followed by public meetings for each the public meeting portion is when the board deliberates and is generally not an opportunity for public comment if the board feels it has enough information in time it will decide upon the applications tonight each petition heard by the board is distinct and is evaluated on its own merits and the board is not ruled by precedent statutorily for the special permit the board has 90 days from the close of hearing to file a decision for a variance the board has 100 days from the date of filing to file its decision no decision is final until the written decision is signed by the sitting board members and is filed in the town clerk's office once the decision is filed with the town clerk there's a 20-day appeal period for an agreed party to contest the decision with a relevant judicial body in Superior Court after the appeal period the permit must be recorded with the registry of deeds to take effect tonight's agenda as listed is publicized as minutes then a public hearing on zba FY 20254 wayfinders Inc request a comprehensive permit under Massachusetts chapter Massachusetts general laws chapter 40b to construct a 31 unit mixed income rental housing in a three-story development with 14 proposed parking spots spots on the premises of 31 Southeast street map 15a parcel 20 in the RVC Village Center residence zoning district and a 47 unit mixed income rental housing and a three-story building with 46 proposed parking spots on the premises of 70 belr toown Road Mt parcel 15 c58 15 c59 15 C60 in the RN and FPC neighborhood residents and flood prone Conservancy zoning districts this hearing is continued from November 21st 2024 after that is general public comment period on any matter not before the board tonight other business Nas not anticipated within 48 Hours an adjournment do any members of the board have any declarations to make Miss Williams uh your you're muted thank you uh your camera is off and um we haven't done a roll call yet we did do did we do roll call yeah but my camera was on that's better all right thank you I don't know how thank you um the first order of business tonight is minutes and there are no minutes uh to to approve so the first order of business is zba FY 2025 wayfinders Inc requesting a comprehensive permit under Massachusetts G general laws chapter 40b I would like to begin with the following procedural item the board is incorporating all materials and discussions from the prior public hearing on this application into this and into all future sessions of the public hearing which is continued from November 21st 2024 we have received the following submissions of new material from the applicant we've received a new uh management plan and four new amendments to um uh site plans and building plans which are listed on the U proposed uh draft um draft decision document also we've received new materials from KP law which is the product of um consultation between the applicant staff KP law and myself those include a a new decision draft dated 1216 uh wayfinders uh waivers dated 1217 and wayfinders waivers for Southeast Street dated 129 or 12 1218 as well so we've got a new we've got a new decision document and we have two we have new waivers as well as we have a new management plan to review so what I'd like to do now is talk to you about how I think is the best way to proceed tonight we've got to deal with the management plan waivers conditions and potentially findings and I think it's best if we deal with each subject all together we review the ma for example we review the changes to the management plan we have comments on it from the board members provide for public comment and then we vote on approval of the required management plan with changes we do the same thing for waivers we do the same thing for conditions and same thing for findings the way to do that is to move to a public meeting while keeping the public hearing open and doing that now and so we could then deal with each of the items together if we don't do it that way we have to deal with the management plan just reviewing it we have to review all the different subjects then go into a public meeting and start the process all over again I think it's it's quicker and it's more uh consistent for us to deal with it in this way where we go into a public public meeting while keeping the public hearing open and we deal with the management plan the waivers the conditions all together individually and we vote on them immediately after the discussion rather than waiting till we move till later in the in the meeting to vote on the on the changes so unless there's any objections to that or any questions about that process which gives everybody the opportunity to question to amend or to to comment on all the items before us um I'd like I would entertain a motion that we move to the public hearing public meeting while keeping the public hearing open do I have such a motion sove I have I hear a motion and I hear a second from Mr Henry and a motion from Mr Meadows is there any discussions or questions about the motion if not the vote occurs on the motion to move to a public meeting while keeping the public hearing open the chair votes I Mr Meadows I Mr Henry I Mr sler I Mr White I the vote is five to nothing and we're now conducting the public meeting while keeping the public hearing open so the first item is to review the manage the management plan the amended management plan you all received a copy of that um I think in a couple of weeks ago um Miss Williams has it up on the board and we can run through the changes since our last meeting many of these are in direct response to questions that board members had uh regarding the management plan so um the first item deals with Staff first number of changes deal with Staffing um the first one deals sets out the um project managers and the assistant project managers time on the sites it talks about the other change is the maintenance of books and records that they that the manager and the assistant manager should um maintain at at each of the sites the second par that's in the SEC first and second paragraphs the third paragraph deals with maintenance staff coverage again that's 20 to 30 hours per week for for both sites it also deals with maintenance um the way in which the process in which maintenance requests are handled internally within the um with by the property managers and by wayfinders and it deals with um the goal for prompt response to those requests the third item deals with the resident services coordinator which would be 20 again 20 to 30 hours between the two uh sites um and that would be split evenly and it also contains a provision where the residential services coordinator and the property management will meet on weekends after standard office hours based upon need and staff availability upon reasonable reest reasonable requests of residents this flexibility ensures that all residents will have convenient access to support and services this last paragraph is some the last sentence is something that we discussed um at the last meeting and I was interested in making sure that um there was more than a um desire expressed in the management plan to do that but a um um a requirement that the team um meet on weekends pursuant to reasonable requests so the first item is the first changes are Staffing are there any questions from members of the board or any comments from members of the board regarding that Mr sloger I would like to be very clear in what is being proposed the it's 20 to 30 hours uh I'm not sure how that would be determined and the 20 to 30 hours is a total between the two buildings I believe it's not 20 to 30 hours at each building that's correct and will there be I don't remember this from the plans and I can't pull them up now will there be an office in each of the buildings that tenants can expect to find the management representative present I think so but I think we need um uh confirmation of that from somebody from wayfinders um yes and the in the in the hours will be posted on uh outside the outside the door right so there will be there will be an office of the manager or management company and that office will either be open or if the manager is at the other property or neither property that office will be locked but the hours will be posted so that people will know when to expect them yes and there'll be a telephone number for them to call as well and what will determine whether it's 20 hours or 30 hours Mr Gruber just give us your name for the record oh and address uh it's uh James Gruber I'm here representing wayfinder 1780 Main Street uh Springfield Mass um the it it it'll be I mean it'll be based on based on need what you know if it if it if it needs at 20 to 30 hours is a range if you know if it if it may need a little bit you know so we're probably right right in the middle there you know 25 25 hours is is you know seems reasonable if we need you know people there more then that's you know we we'll adjust just accordingly but it's it's arranged to provide a little bit of flexibility but how how will you know are are you going to establish regular hours yes so how will you know if you need more hours will this be a response to some sort of historical demand from the previous weeks or months or how will you how will you know that you'll need more hours and then Implement those hours or how specifically will you split the hours between the two buildings so that people so the tenants will have a reasonable expectation of finding somebody in the office when they need them for for instance I'm I'm not giving you a schedule here but will residents be have a reasonable expectation that Monday mornings between 9 and 12 they will find somebody in the office um yeah and if and if I could just have um Amanda from the um Amanda buban admitted um from the weight finders team there we go Amanda Miss buban please state your name and address hi Amanda buban from wayfinders here uh working out of the 1780 um Main Street Springfield location um so uh just to answer some of those questions a little better as I come from the property management side of wayfinders um we kind of know when we need to adjust our hours or change them based on you know we post regular hours it'll be set days and times that they can expect the manager to be at either site whether it's the manager uh the system manager resident service coordinator the hours will be explicitly posted on the building doors um so we we tend to learn over time if more people are asking us to accommodate and meet them on a different day um you know you learn your resident population over time it starts at the beginning of screening you start building those relationships with people um and establishing those open lines of communication so busier times of the year certainly lease up is going to be a busy time so we're going to be there on the higher end of the on the total hours um and when we first open we like to be there a lot more often so that we're available and and people get adjusted to living there and know you know where to go and what to do and things like that um recertification times we're going to you're going to see an increase in the office hours because we're going to need to be there more to meet with people more and have more time for processing paperwork um and again even if the office is closed and it's not normal hours there is the contact phone numbers for the site staff so that they can call them they can email them um and ask for a meeting outside of those hours um and as as time goes on if we have a lot of tenants within a building that are seem to be asking for this day or seem to be uh more available in the afternoon where maybe our hours are in the morning or something like that um then we adjust our scheduling to make sure that we can accommodate that do you normally plan to staff the offices during what are normally considered business hours or do you also or do you stagger them so that there are uh evening hours on a regular basis as well um as a standard on a on a regular ongoing basis it's normal business hours like 8 to 4:30 something like that um if it's going to be a full day you know we're we're going to get to know the needs of the tenant population um and then you know office hours may change uh we may find that being there you know two full days a week isn't sufficient maybe they need us there three half days a week um or something like that so so we do our best to manage the schedule to accommodate what the needs are of the people living in the properties so and what if they need five half days a week I mean we're going to have an assistant manager we're going to have a property manager and we're going to have a resident service coordinator um so it's it's not entirely impossible that there may be somebody available for a few hours every day of the week um if that's how we can work it out if that's what the need really demands and are those three PE those three positions that you just named are are they normally on site or are they just available by phone at some other location no they they would have they would each have set office hours at at the buildings um so there would be a a set normal time that the property manager set days and times the property manager is typically there uh the assistant manager when they're doing the office hours coverage they would have their set schedule of what days and times they go to what properties and the same thing with resident services and I mean three half days a week is 12 hours yeah I mean it was just an example I wasn't being specific it was just an example of how we would adjust to you know make sure that we're providing the full coverage but that that the tenants may need us there more days Less hours but for more days and sometimes the tenants need us there for a whole day um you know so we you know we just Bas it on what the demand really is and then we adjust our schedules and our rotations and things like that and do you have any properties where your managers spend 40 hours a week on site I mean you 20 to 30 number I'm not sure where you get that number uh well because our our staff the way we have our staff administratively that you don't have just one manager assigned to one property they they have groupings portfolios of properties um so you wouldn't find that there would be one staff person that spends 40 hours a week in one office no um but there there may occasionally be times where there's 40 hours of coverage during a week at an office but that coverage is split between all of the admin staff not just one individual person okay well thank you so just a couple of quick questions and comments number one we took the 20 to 30 from that was suggested number from from the wayfinders from our earlier meeting that's where that comes from number one number two as I understand this this says that the resident manager and the assistant manager all have the 20 to 30 will be on site approximately 20 to 30 hours a week and the resident Service uh the service count so the RSC will also be on so you are likely to you could have in that range of 20 to 30 hours 40 hours of people on staff or 60 hours of people on staff is that a correct reading of what I see in the management plan yeah that would be correct okay and then lastly in terms of weekends and non-b business hours the management plan the amendment to the management plan that that I see and that I'm supporting would require that you take more than best efforts but you provide for um nonnormal business hours availability for reasonable requests and so there would be Beyond 8 to 5 and on weekends the need to respond if you get requests from residents who are working and can't meet from 9: to 5: you can only meet on weekends and so that is a um um a responsibility and a a requirement of the the management plan as I read it do you do you agree with that yes that's correct and and we do that we do that already at our other properties so we wouldn't approach it any differently here we would we would do the same thing um and yeah we have many Working Families um so it's you know you have to be willing to meet them after dinner time sometimes or on a Saturday or a Sunday uh to handle any issues that they may have or to you know do paperwork or recertification rent changes you know anything like that so we do adjust our schedules if someone needs us to meet with them later in the evening um or on the weekends okay all right um Miss Williams can you bring up the um the bit the um management plan again we we got a we got a there we go thank you all right so that are there other questions regarding the section on Staffing I I do have a question yes Mr Meadows um it the way I'm reading this it's uh 20 to 30 hours a week is both the uh property management and the maintenance staff is that correct that's how I read it and I it's Property Management maintenance staff and the resident uh service counselor each have 30 hours a week um not being used to that kind of initiative it's what I've done a lot of work with public housing authorities and with uh buildings in New York City um the buildings in New York City all have superintendents that respond to maintenance issues under 24 hour a day basis the housing authorities have maintenance staff that respond fund whereas the property managers are a different category they uh have regular hours they they deal with the issues that are necessary for property management and I somehow look at this and find that 20 to 30 hours a week for the combination of the two is a little bit light um I don't see that you know if there are maintenance staff calls for stuffed up toilets for piping leaks for heating issues for cooling issues other issues that deal with maintenance and you include the hours that they're doing as the same number of hours or within the hours of the the property manager you you could easily run far over 20 to 30 hours a week and maybe you run your facilities in that basis I just have never seen a facility that is run where both the M maintenance staff and the property management staff are combined for a certain number of hours could you explain not they're not combined it's not a combined thing it's it's 20 to 30 hours of administrative so you have property manager or assistant manager 20 to 30 hours of maintenance scheduled at the site and then 20 or 30 hours of resident services scheduled at the site so maintenance will there will be a maintenance technician um sorry there will be a maintenance technician scheduled at the site 20 to 30 hours week during normal business hours in addition to that they're available 24/7 365 days a year should there be an emergency so we schedule our maintenance tech teans regularly on our properties for things like grounds cleanup common area laundry room cleanings any type of routine preventative maintenance you know keeping an eye on things to be available to handle any routine work orders that may be placed that aren't emergencies and then in addition we have them on call 24/7 on a rotation so there will always be somebody available to come at any day in time but they will have uh they will have set hours that they're going to be on site as well doing their work that's separate from the hours that management is going to be Staffing the offices and it's also separate from the hours that the resident service is going to be available on site okay that sounds better Miss Williams can you scroll down to the next page on the management plan it goes into more detail on how they intend to cover requests Mr chair yeah Mr Henry well just a second Mr Henry um Mr Meadows are are you done with your question or do you have another question only suggesting that 20 to 30 hours is is a little bit light for maintenance got it okay Mr Henry I was going to peek it back off Mr MOS to say um and thank you Miss ban for that clarification um perhaps you should laid out just like you said just now to make to separate so it doesn't seem as if it's 20 to 30 hours for everything well when I'm reading the I think that's a good suggestion Mr Henry when I when I'm reading the plan here I see one p the on the first page of the management plan deals with the property manager and that's laid out as 20 to an assistant property manager and that's laid out as 20 to 30 hours per week for that function and the next paragraph says maintenance staff um they're also they're supposed to have 20 to 30 hours for that function on site and then it goes through and says how they would respond to requests for services or responding to an emergency and then then following that several paragraphs down later it talks about the resident service counselor and them having 20 to 30 hours to serve on site between both places so I read that as being being three separate requirements one for manage one for project management one for maintenance and one for uh Services all of which are between 20 and 30 hours therefore we have between 60 and 90 hours of Staff onsite per week in the for the the two properties together is that how you read this Miss Miss buban I and and uh Mr Mr chair yes that's that's that's yes that's um that's intentionally written that way so that it is split up into three separate functions for um three separate times for 20 to 30 hours a week for each individual of those three so there'd be three people all with 20 to 30 hours a week does that answer your your question or your concern Mr Henry or or is it it does Mr chair and and thank you um if I may just ask one question so given Mr sl's concern as well as Mr mows um wayfinders is this standard practice with um your existing management styles I just want to I know there's concerns that it seems a little bit light but I just want to understand if this is common practice with your other properties yeah yes this is how we this is how we are structured um and how we're staffed so it's the same for maintenance it's the same for management and and the resident service coordinators um you know the individual staff members will have their assigned properties their set hours that they're expected to be at their properties um again sometimes schedules change and we move things around uh if there's absences we try to find someone that can cover those hours so that they're still maintaining the hours um or we'll modify the schedule to make sure that we're still getting those hours in if something pulls us away or something like that but this is our standard practice um I can certainly appreciate the concern that it seems like it might be light on maintenance to have 20 to 30 hours of a tech there during normal business hours um but in practice sometimes they spend a lot of time just waiting around at their sites and you know cuz that's their regular scheduled time to be there their grounds are clean their common areas are clean there's not any routine work orders hanging out there emergency um so they're kind of just there building relationships with the tenants um you know and stuff like that so it it's been working for us so far uh and hopefully that continues in the future and I would add two things one if you find that that's not enough and you get complaints from residents that they need more either Services management or maintenance they would go to you to request that that's one way and if it's not resolved by the management of by wayfinders the tenants can file a complaint with um the town that they're not living up to the management plan that they have and that there's a need for additional time um or that it's not being done they don't have to describe a a resolution and that through the the residential rental program so I think it seems to me that this is a good start you got a new building and not an old building so there's hopefully not a lot of Maintenance to do but there's probably a lot of relationship building to to have and that you have to be responsive if they have if there is a need for more time on the property and if the the residents are still not satisfied they have another alternative to um complaining to you is that that they can complain to the town and so that that would be my concerns that there's no way to re to address this if this is the wrong amount of time I think there is a way to address it later on if we find that um I hope this is not the case obviously and I don't think it is but if you're not doing a good enough job of Maintenance the town would hear about it and the residents have the right to complain to the to the town about that yeah oh yeah absolutely okay Mr erck you you had your hand up then Mr slober and then Mr grber Mr ER you I'm Bruce erck uh senior vice president for Real Estate development at wayfinders that based at 1780 Main Street uh Springfield just a very minor clarification to uh the question that Mr Henry asked the 20 to 30 hours we don't do TW literally 20 to 30 at every property because we have properties as small as 12 units and as large as 92 units so when we do a staff allocation for property and this one in particular it's really based on the number of units that staff can cover you know property managers how many Property Management staff or FTE are required for a project of certain size so so in fact each project has a slightly different Staffing but it's a staffing ratio I think that is consistent and that Staffing ratio that we are uh proposing here is the Staffing ratio that we use across our portfolio which is 23 other properties with over 800 units so just want to make sure that we're talking about we have a we're providing a consistent Staffing ratio but that's it's not identical in uh the absolute number is not identical to other projects that's all Mr slober well as I continue to listen to all of this one of my concerns is that it seems that Pathfinders is treating these two separate buildings as one complex that it is 20 to 30 hours of various services including maintenance which is one of the things I'm more concerned about between the two buildings so 20 to 30 hours for two buildings is 10 to 15 hours per building for a week which could be two to three hours a day and buildings of this size between all the the cleaning and maintenance and light bulb changing and clogged whatevers two to three hours a day for buildings of this size strikes me as it seemed to have struck Mr Meadows as light in the amount of attention that you are committing to is do you have other situations where you have two buildings that are separated by I would guess about a 10minute walk uh in in this kind of configuration because this you you have your application is for two different buildings both of which are one is all new construction one is part is mostly new construction uh do you have another setup like this Yes actually we do in Holy Oak we have the library Commons property um which has a building on Chestnut Street and a building on Elm Street um again similar construction where there's some existing you know kind of rehab new construction work and then brand new construction um and it's it's it is the same way it's two buildings but it's one property at the end of the day this might be two separate buildings but this is one property with one budget so it's it's not like there's a separate budget and a separate funding uh setup and sources of income for each separate building to be able to treat them truly separate we have to treat them as one property because it is one property um we do we do have that are you talking about amest or holy o now no I I'm talking about both really they there it's the same it's the same situation where there's two separate buildings two separate locations but it's the same it's the same property we have another property in Spring field that's the same way as well where there's buildings on this and this street and then there's building over here on this street but they're both one property with one budget one set of Staff coverage um you know and I understand the concern um and I'll just reiterate again it's it's worked for us thus far um you know especially because we are accomodating we like to meet our tenants where they are and meet the needs that they have so if we find that it's not enough it may not be because the tenants feel like it's not enough it may be our maintenance staff saying hey I need more hours scheduled here it's not enough for me to get everything done or the the property manager may say I need more hours here um and we have to you know adjust and and uh pivot our Direction and and change our schedules to accommodate for that um and coming out of construction or even out of rehab the the routine maintenance is usually pretty light we're we're really good about education with our tenants we provide them with information at movein for Energy Efficiency and what kind of cleaning products they can use on the materials that we've bought how to properly use the stuff in their apartment whether it be Mini Splits thermostats like you know we we do a lot of educating with the tenants um and some of that's heavy with maintenance in the beginning like we just opened uh the property in AAL and our maintenance staff is you know going into Apartments to teach people how to use these new energy efficient stoves because they they don't know how to use them they think they're broken but they're really not so we're definitely very open and accommodating in that way um but yeah we we do have other properties that have multiple buildings that are part of one property with one budget one set of Staffing that we split between the two buildings on on the for the development thank you can I go ahead Mr SL if you have another question I no I finished I was just thanking her for her information so I want to ask Mr MOA a question so my con my concern is twofold number one I have to respect the fact that you have some experience with this and the numbers the number of hours that you think you need presently to maintain the property to run the property or what you uh what you represented to us and what we put into the what we agreed to put into the management plan but if that is insufficient is there a way for the tenants to um complain to the town and will the is there a way for the town to make an adjustment and require um additional Services either for maintenance or for other things on property um through a complaint process so Mr Moore is there way for tenants if they don't get satisfaction from the management to go to the town and ask for additional uh services or maintenance property on the property so you know we are available for complaint uh response and we we often deal with issues like this uh you know the maintenance side of things is pretty is more straightforward because a tenant can can call us at any time conduct an inspection and if there's maintenance needs of of a dwelling unit then and the um you know the owner is obligated to respond to that and we we get in touch with them and have them do that um we do get involved with you know other uh property manager related duties you know making sure they're available and tenants are getting the services that they need but we're not really in a position to say you know you need to add five more hours here it's really you know that complaint is dealt with and responded to and we contact property management and ask them to find a resolution and work towards a solution and it typically works out that way any other comments questions concerns about Staffing all right let's move on to the next subject which is the TR trash recycling there was no change to that parking um the one change on the management plan is that the guest at East Street will have to park on the street on street parking and at Belchertown Gest will be required to use two spaces that they were that are designated for short term and it says vehicle registration at both sides and that's registering the cars um at both at both both sides register the cars you don't haven't described in the management plan what type of um system you're going to use to know whether the cars are correct there or not but that's that is something that you're going to have to come up with whether you use tags or stickers or whatever but you'll need to do something uh the plan here tells me that you will need to have a um some kind of a a plan to know when people are Park which when are um acceptable or registered cars are on the property is there questions regarding parking for members of the board there's no change in lighting there's no change in signage there's no change in landscape maintenance or snow removal on-site facilities or outdoor mechanical or HVAC equipment nothing on material equip and enlarge household goods storage there is significant new language on marketing and tenant selection this comes from the last meeting where there was uh concerns raised to make sure that the marketing of the um property was uh aggressive and outreaching to um all across the board to all types of people um and that viewing hours would be available and other kinds of of questions that were raised at the last um last meeting on this um if this so This Pro if there are questions you do people have questions about this or will it be would it be valuable for do the board members wish for the applicant to run through the marketing and tenant selection process again okay seems to me that the what they've outlined here are pretty consistent with what they have spoken about in the past um and if there is any questions about it members can raise those questions uh lastly is resident safety this talks about reviewing and um reviewing the standard leases going going through with residents their responsibilities as well as the as the responsibilities of a landlord again it goes through through a bit about the um talks about and it's consistent with earlier um repair requests emergency repair requests are answered by a 24hour 7-Day a week emergency service I'm assuming I have a question one question quickly for that that 24-hour call Serv answering service if they get a you know a busted pipe in at 3 in the morning and they're calling an answering service that answering service just doesn't sit there until 8 or 9:00 in the morning to ref refer it somebody's woken up in the middle of the night and on an emergency basis if it's an emergency they're responding within as quickly as they can get there is that correct miss buban or Mr grber yeah yes that's correct um the the on call procedure protocol or on call service um has live call center 247 so when they call in they're they're getting to a live person to talk to if it's an emergency uh the protocol is um we send them the rotation on a regular basis so they know who's on call for what properties and they have a first person on call which is a maintenance technician there's typically a second maintenance technician as a backup in case the first one doesn't answer and then if the second maintenance person doesn't answer then an admin gets called which would be the assistant or the property manager from there they also have contact information for the regional property managers and the senior vice president uh and even myself so someone's getting woken up uh they go through the chain and they call repeatedly all of the people that they can until someone answers the phone to be able to dispatch the message and that person then is the the person dispatch the message is the person that gets the plumber out there in this situation of a broken pipe is that correct correct yep okay yeah it goes the same for lockouts too like if it's a lockout in the middle of the night it's the same procedure and protocol because that's an emergency as well so anything that's considered emergency if it has to do with life safety if it has to do with electricity heat cool um heat hot water um the you know any kind of leaks fires uh alarms going off at random or something like that um there there's quite a bit of things that we consider emergency so uh yeah they would continue to call until someone answered the phone and they gave them the message and then the issue would be resolved whether through a contractor if we're calling out a plumber electrician uh or we get a maintenance person out there right away or or sometimes we administratively go um you know to see what what's going on and depending upon the severity of what the emergency is we may have admin property managers or regionals on site too thank you Mr Henry on the screen that's been shared there's a sentence that says alcohol consumption and drug use in public areas are strictly for um forbidden as is the possession of illegal substance does that mean marijuana is well is is that drug use Factory marijuana yes it does there's federal funds it's illegal federally okay so we we have no smoking period you know on the properties or non-smoking properties across our portfolio um so they can't be doing that and and yes the alcohol is also not you know they can't be sitting around outside drinking alcohol in the in the Common Grounds or if they Reserve if there's community space at a property and they Reserve that community space for a private dinner or birthday party they're not allowed to bring um alcohol and and that sort of thing into our community space either for consumption like they have to do that in their apartment I think you may if I may suggest you add in um alcohol consumption and drug use including marijuana um to that language because some people will say hey this Massachusetts marijuana is legal we'll definitely take that under advisement I think I think our latest one actually did specify so yeah we even put in our garden rules where we have Community Gardens so some of our properties have green space and there's raised garden beds and you know if we're capable of we provide them an opportunity to have gardening space and and yeah that's in our that's in our gardening rules as well that they're not allowed to grow marijuana in their space if they're using it so all right and if if I may did you just say that your the entire property is a nonsmoking property yes even outside y even inside yes absolutely no smoking no smoking they're not allowed to have incense Burning uh and we also don't allow Open Flame candles in our rules wow so does that mean does that mean that in the application process you you check if people are smokers and smokers cannot actually rent in your buildings no that's not the case enforce not how do you enforce nonm inside someone's unit not that I object to you enforcing it I'm more Curious anything yeah so at mve in all tenants sign a non-smoking lease addendum that expressly prohibits smoking in the in the buildings in their units in the common areas and on the property in general uh and when we find evidence that they're smoking um they get lease violations and they may get taken to court for that eventually if they don't comply wow okay thanks so you have remember too that HUD is uh HUD HUD has a mandate for smokefree um public affordable housing so um you know we can't we're we're pretty serious about that so smokers have to go out to the street yes yeah all right sometimes it's a long walk but that way they're getting their exercise yeah they could get their steps in yeah Mr Henry oh I'm sorry my hand is still up I'm good thank you all right we've noted your suggestion and we'll make sure that we U have a vote on that when we consider the management plan any other questions regarding um standard lease and Resident safety before we get to security all right on security this is a new section which was really in response to I mean I I remember I mentioned that I did not see the word Security in the management plan and this is a I think something that has been worked on between the staff and the applicant regarding security so it outlines um that you have an a locked 24-hour locked building with key cards um members are instructed as to how to operate that how to deal with not how to call 9911 and then it requires a um security camera system which will be installed to monitor the site and building security cameras will be installed in an arrangement and configuration to provide coverage of indoor and outdoor common areas including but not limited to entrances building access points common hallways and lobbies stumpster locations and parking and driveway areas I think it purposely does not detail in it does not give great detail as to what area or the the actual placement of the cameras uh I think that's probably something that's prudent not to have a public document that shows where cameras are actually placed and where there may be blind spots but um this seems to indicate that you are going to establish a a a camera system on property that will have um pretty broad coverage of the property in the building including interior areas as well the one question I have is do you keep a record will this will the recordings be kept for 24 hours 48 hours a week how is that how do you contemplate storage of the security camera data um it the the standard systems that we use typically holds maybe about 30 days worth at a time I would say it uh it's yeah we have we can go back at least several weeks usually at least 30 days sometimes longer if it's not a super heavy active uh location or something like if it's not constantly having recorded footage um but uh yeah we it usually they're about 30 days at least the majority of the systems that we have even some of the older systems that some of our older sites um hold about 30 days worth of data so it satisfies my concern which is if somebody comes back to their apartment after being gone for the weekend and Noti as there's been a Breakin you would have um a couple of days worth of at least a couple of days worth of film to see who might have walked past or broken into that um into that unit okay y are questions regarding or comments regarding security the Securities uh area Mr sler I just wanted to clarify that a decision has been made the at the last meeting I believe I raised the question of what kind of um access system to limit access to residents only would be used and Mr Gruber was not sure about what was being used in other properties and which systems so have you it says here key cards you're you're you decided you're going to use a key card system for these buildings is that correct Mr grber yes and that's correct okay and will will every occupant of a unit get a key card young kids who coming home from school adults so if there are five people living in a unit will that unit have five key cards um as a standard practice we issue a key card to every household member that's 18 or older um just in general when we issue Keys you know if they're over 18 they're going to get uni key they're going to get a key fob um and everything separately um I think in terms of if that's kind of hard because they're responsible for their children at all times so if their children are coming and going as they please from the building they may end up in a situation where their child has done something and they weren't supervising their child um but it's certainly something that we would consider if we had a family that you know the the parent in the household or the guardian in the household is is working and the the children need to be let into the building and and that sort of thing that you know we may be willing to issue additional cards or or fobs for the children uh but they would have to come and talk to us about that but nor normally it would normally it's 18 and older when you're to a fob is that the key card you're talking about the fobs usually you hold up in front of something and it trips something it's not it's not a card that you would insert into a slot it's a yeah yeah you're right hold in front of of something yeah you just kind of wave it you know put it up to it and it all yeah and how do residents let visitors into the building there's a note there's a mention in here of uh ring the residents where was it I'm want to yeah there's there's a belt an intercom system is provided it's it's the second sentence of the right paragraph there y right and so do they do they Buzz do they push a button and release the door how does how does a visitor get into the building yes so they would depending on the exact system I I don't have the specifics uh on hand um but we have two two systems really there's systems where they buzz and there's a panel in the unit and they hit the door button and unlocks the door um and then the newer systems usually are attached to like their phone number so it will ring to their phone and then they push a button on the phone and then it unlocks the door so um that's how they would give the access okay all right thank you yeah any uh we we've gone through the management plan um but we certainly have an opportunity for members of the board to make any comments regarding the plan or any items of the plan then I would open it up to public comment and then we could vote on accept on inclusing this management plan as part of the comprehensive permit and we'll deal with Mr Henry's Amendment on marijuana at that time so as there any questions comments from board members regarding the management plan any changes you'd like to propose Mr White uh thank you Mr chair U my only more question um and no issues with everything going forward but would relate to what Mr Henry was discussing um with that amendment I would just ask that because I don't know what word is actually used in massachusett St statute whether it's cannabis or marijuana that would my only recommendation would be we use the concurrent language that's used in the legislation in Massachusetts got it CCH I think it is I think it is marijuana um because the statute says possession of um illegal drugs not including marijuana when they law was passed they changed some of the jury instructions to make sure it was cleared as to marijuana all right thank you Mr Henry all right if there's no further questions or comments at this point um we' open it up for public comment we've not had the public has not not had comments on we've not had any public comments on this Ma on any of this comprehensive permit if there are public comments regarding this particular section the management plan I would entertain them now if you wish to comment please raise your either raise a hand on the uh on your Zoom app or press star n on your phone and Miss Williams do we have any Bu from the public who wishes to comment no we do not Mr chair okay um if there's no public comments on this section I would move to um I would entertain a motion to miss Fryman yes thank you I just want to remind everyone that uh this plan has to go before the subsidizing agency for approval um we don't know what if they'll have any comments or anything but to the extent that they might have some comments we just need to make sure that we you know that that's understood that this is still subject to their review no I I'm I'm aware that the subsidizing agency has to yeah and we can tell you know let the DBA know if there's any edits to this made by the state yes thank you thank you all right I'm I would entertain a motion that we adopt the management plan with the amendment as proposed by Mr Henry to add the words or marij including marijuana um to the section on I guess it's personal responsibility or or lease in Resident safety so moved is there a second second second and moved and seconded any discussion regarding the motion if not the vote occurs on adopting the management plan as amended the chair votes I Mr Meadows I Mr sler I Mr Henry I Mr White I all right M the amendment passed is five to nothing I mean the motion passed is five to nothing the management plan is approved the next item is uh changes to the waivers um and Miss Williams can you put up the two we'll first deal with the waivers for uh 70 belter toown road let's deal with those first when we last met U there were two items for each two waivers in question for each property um they at the very end if we could scroll down through and we had approved all the waivers tentatively approved all the waivers except for the last two and U Can you scroll down to those there we go so uh 24 and 25 deals with the Department of Public Works originally um the town and I had thought we should have a permit issued by the Department of Public Works um the applicant requested that there not be a separate permit from the Department of Public Works for water and sewer connections the the applicant in the town met and discussed a way in which there would be which the public works department would re would um approve the sewer connection would see the design of the sewer connection um receive that design approve that design and ensure that the design and the actual um construction of the water and sewer connection conform with the town of Amherst sewer use regulations they would not be exempt from permit fees they would not be exempt from anything else but they wouldn't have to apply for a separate permit in order to attach for the water and sewer I think that's the that is the uh gist of the two two waiver requirements I'm going to ask Miss Maloney who had or Murray Excuse Me Miss Murray who had worked with the town and with the applicant on this to further describe what is here as a as a solution to the um disagreement we had at the last meeting Mr muray thank you Mr chair if if you remember at our last meeting in uh November um there was still perhaps some discussion about getting input from the Department of Public Works while the comprehensive permit is still being discussed by the town so that their input could be incorp into this decision of course we are you know now at the very end of this whole comprehensive permit process and um by its very nature we we don't have nor should we be expected to have construction grade uh plans that would be used or for um a water or a sewer connection permit so we've revised this language to make it clear that the comprehensive permit as is authorized in chapter 40b acts as both the water and the sewer permit but the applicant still has to provide those constructional level detailed plans to the Department of Public Works prior to the issuance of a water and sewer permit and the DPW has to has to confirm in writing that they meet those um our local requirements and the uh version of the waiver um that is being screen shared um has been amended only to add a clarification that as you said Mr chair that this is a waiver of the permitting process only it is not a waiver of any fees so the applicant was agreeable to adding a sentence at the end of both uh 24 and 25 to be clear that this shall not constitute a waiver of any Associated fees for those permits and then when we get to conditions for the U discussion of the conditions you'll see that we've made a similar revision there so that the waivers and the conditions are consistent into how this is to be handled and I understand the town is satisfied with that this U Prov provides the information they need and the certainty that they need if the water sewer connections will comport with Town regulations is that correct that is my understanding there's been quite a bit of back and forth with Town staff and the applicant over these yes all right and if I may add just one other change since um our meeting back in November uh the board members may recall that the very last waiver um that was originally requested was what we referred to as a blanket waiver you know meaning if there's any waiver we forgot to ask for it's deemed granted I'm paraphrasing obviously uh the applicant did withdraw that waiver request so it's gone from both uh the document before you on belch toown Road as well as the Southeast Street site that's right thank you that's right questions from board members regarding this does this does this waiver prevent the dph from doing any form of inspection no it does not okay all right any other questions comments we have a similar uh waiver request for the this was belr toown road we also have a similar waiver request for Southeast Street it's essentially the same language and the same issue is it not attorney Murray yes it is and again this does not have the sort of the catch-all waiver as well correct so number 27 and 28 uh will both be amended to add a sentence to clarify that uh the grant of this waiver does not wave permit fees that are associated with the water assumer permits and the final blanket waiver has been eliminated okay so we can discuss both these two identical waivers for both properties at this time is there any discussion questions or comments from board members if not um you can open it up to public comment if there's any public comment on this section so if you wish if the public wishes to comment on it please so indicate by raising your hand on Zoom or pressing star n on the phone we'll give you just a minute Miss Williams you'll tell me if anybody does raise their hand or so indicate that they wish to speak there is no one here from the public wishing to speak do as a result if there's no other question or comments from either the applicant or the board members I would entertain a motion that we approve the waivers uh all waivers as before us we'd approved tentatively approved all the waivers except for these two the last meeting I would now entertain a motion to approve all the waivers including these last two so all waivers as amended um for both the Southeast Street and the belr toown road properties do I have such a motion so moved is there a second I it's moved and seconded is there any discussion on the motion to approve the waivers as amended if there's no discussion the vote occurs on the motion the chair votes I Mr White I Mr Henry I Mr slober I Mr Meadows I all right we've approved the wer the motion carries it's five to nothing we've approved the waivers um the next order of business is dealing with uh updates to the conditions when we last met I think there were about F we had approved the vast majority of conditions and they have remained unchanged or have only um grammatical changes to the vast majority of conditions that were originally proposed you can find that in the um draft decision document there were about 15 16 something like that uh conditions that were left in the lack of a better term in dispute and we asked for the staff and the applicant as well as for me to be involved in trying to resolve those um differences or just confusions regarding conditions so I if we can pull up the conditions what I'd like to do is just highlight focus on those conditions that have changed from the last time we met and so there's in essence I'd like to focus on those 15 or 16 uh that were in um some form of conversation when we last met so the first item is the first change is just laying out in tabular form the different um mix of Studio one bedroom two-bedroom and three-bedroom apartments in each of the two buildings not something and so if you have what I'll do is go through these changes if you have a question about any of them we'll discuss it at the time when we're going through then we don't have to wait till the end to discuss them so I don't think that this is not controversial it's just more clear than in um you know a paragraph form it's just easier to understand all right let's scroll to the next one M Williams okay the next one is the um local preference the applicant has agreed to a 70% local preference for the first lease up of these properties um it has to be approved by the EOL eohc that's the housing agency of the state um but that is the the language that provides for the local preference I guess the one question I have is down below there's total number of applicants preferences total number of local preferences what are those are those something that has to be filled in Miss Williams or is that or Miss Miss Murray those last five um items under the in the second paragraph is that to provide information to the town it yes Mr chair this was actually something that as I understand is fairly standard language that the town uses in other similar permits I think this was actually added by uh Mr Malloy um but those the list as to the total number of applicants and the total number of local preference applicants Etc that would just be data that the applicant would provide to the town um you know following the the lottery and selection process so after Lisa this would be provided got yes are there any questions about local preference 70% or the provision of information to the town after Lisa all right let's move on to the next one this is this this next one deals um it relates to the waivers that we've dealt with previously if I'm if I'm correct uh this serves as a master permit and water and sewer connection permit so this this um is consistent with the previous waiver is that correct that is correct right all right any questions if not we'll move on this language is sight Improvement can you explain this language m attorney Murray certainly so uh as I mentioned under the waivers the applicant agreed to withdraw that blanket waiver request um in exchange for that or as a substitute for that the applicant had requested the language that you see here that is highlighted that says that to the extent that the project plans as approved by the board under this decision vary from any bylaw regulations or local rule not listed in Exhibit C which are or will become um the where the approved waiver list will be inserted the approved plans will prevail so this goes to the issue of we might approve something on the plans as part of um you know an overall approval of the project and unbeknownst to any one of us there might be some something shown on the plan that doesn't quite comply with some local rules that just wasn't immediately obvious or wasn't included in the waivers but by virtue of the board approving the project and approving the plans as presented those minor deviations if you will um will as shown on the plan will be what govern The Building Commissioner as he um you know reviews plans and issues occupancy permits for the project normally something like this is is um something I would defer to town staff if they are comfortable with this they've reviewed the plans extensively and do they think that it I'm I would not support a blanket waiver this provides um some waiver but only for things that we didn't catch in effect Mr MOA is this something that the town is comfortable with it is it's something we've discussed in detail along with our our thorough review of the and we're comfortable with the condition okay all right any comments or questions I think it's an improvement from the blanket waiver distinct Improvement okay let's go to the let's keep on moving now oops there we go number 29 this is new uh construction this adds the construction entrance of Crush Stone shall be provided at each site as shown on the approved project plan the entrance shall be maintained in a condition which shall prevent tracking or flowing of sediment to the public right away adjacent Street shall be swept as needed to remove the sediment debris the first question I have on this is is the crush Stone already on the approved project plan or or is this something that's come up since the that's not on the project plan and we should amend this by saying um a construction entrance of crust Stone shall be provided at each site and shown and and shown on the approved project plan so I I guess what I'd like to do is make sure that if inadvertently it's not on the approved project plan that the nature of the condition is met by the by having crush Stone required does this need to be amended to accomplish that attorney Murray I think it would be wise Mr chair I know earlier today uh we hadn't pulled up the plans to actually confirm that the crush stone is shown on the plans I don't know if anyone from wayfinders is in a position to confirm that at this moment but I think if we change as shown on the approved plans to which shall be shown on the approved plans or and shall be shown on on the approved plans uh we we accomplish the same purpose which is better than and I think which should okay yeah I I think your language is more precise Mr Gruber you have your hands up yeah it's shown on the plan in uh in one of the details um for the construction entrance detail that's shown on the plans and then there's a detail that um specifies it a little bit more doesn't hurt to have it have the word which shell but you don't oppose that it's already there right got it okay we'll deal with that amendment to this um condition at the end any con discussion concern questions all right let's move to the next condition Mr chair I think the Building Commissioner has a comment Mr Mr Mora I didn't see your hand sorry oh that's okay I was just going to add that um you an item like that is typically part of the construction Logistics plan as well that we work out and finalize through the pre-construction meeting process prior to work starting and mobilizing to the site U so I just wanted you to know that there are other details like that you know that's a a dust and sediment control and and other safety items during construction activity that are uh worked out in detail with my office as well as public works and Public Safety departments thank you number 38 um number 38 requires a posting of a Sur shity Bond during the construction over the to cover the cost of such impacts to public property town-owned property which this remains town-owned property um even though the project U will be the property will be leased to the project [Music] um and that the building requirment Building Commissioner can require assurity bond this is typically I think this is frequently what the town has done with large projects and the shity bond protects the interest of the Town correct Mr chair and actually that um was inserted at the request of the town and um I know our last meeting there was some question from the developers to whether they were open to this and they have confirmed that they are comfortable providing such a bond all right any other questions comments we'll move to number 40 guess this is just saying that Mr MOA cannot be unreasonable in providing a temporary certificate of occupancy um and I think also Mr chair again going back to our November meeting uh language that was originally in here had talked about um when it's when the project is deemed substantially complete by an architect and uh the board uh in my opinion rightfully bed at that and the authority of the building commissioner so now it is all back to um The Building Commissioner and um application of the State Building Code got it and then similarly number 41 just further elaborated know 40 deals with the temporary certificate of occupancy 41 um amplifies a few items that have to be addressed in order for the final certificate of occupancy to be issued again the applicant has agreed to all of this and um it's my understanding that this is all uh satisfactory to staff as well all right unless there's no comments or questions from board members we'll move on to the next next is parking this deals with the question of whether the extent to which there can be parking on street parking for the Southeast Street site and this attempts to uh provide that the town will explore a plan to provide permits for uh on street parking but if it if it can't be done and that the applicant should be cooperative in trying to find um a way to provide on street parking but it would not be a breach of the comprehensive permit if the town does not provide for um on street parking permit program for residents of the building I think that is a clumsy way of describing that condition all right and we don't have a we don't have a status report on that on those uh discussions with the town and it's probably not going to be for a while and certainly until after construction of the property as well as the um work being done on Southeast Street and the school let's move on to number 52 would you like me to address this one Mr chair yep please that's one that we talked about this morning thank you so um earlier this week uh Nate MOA had suggested that number 52 be modified to uh reflect that the wayfaring signs as shown on the approved plans um will be at appropriate locations Etc the applicant then pointed out that the wayfaring signs are not yet shown on any of the approved plans that they are uh you know something that will come as the property is ultimately developed but the applicant has also advised that any wayfaring signs that they intend to install um would be zoning compliant and with that being the case it seems as though number 52 is actually unnecessary because we're not granting any kind of exception um it simply a restatement that the applicants wayfaring signs shall comply with the zoning bylaws which is exactly what we would expect of them so depending on uh the preference of the board I would agree that number 52 could be deleted they can't put up wafering signs that aren't compliant so it seems to me there's no need to have the condition so it can be deleted okay thank you let's move on to the next condition uh with has been changed all right these are the these go to implement some of the management management um plan Provisions regarding staff time on site so this seeks to mirror what was in the management plan so it reads that in accordance with the approved management plan part-time staff shall be onsite for approximately 20 to 30 hours per week covering both locations within the development during posted business hours displayed in the lobby on or near the management office door in the building a 24-hour a day 7-Day a week emergency answering service shall be available for tenants and emergency complaints by the public as set forth in the management plan in addition applicant shall provide a resident service coordinator on site approximately 20 to 30 hours per week to address tenant needs at both sites of the development the property management team and the residential services coordinator shall make reasonable accommodations to meet with tenants requiring services on weekends or outside of regular business hours and shall ensure that tenants are advised of such services so some of the questions that we had raised regarding the management plan about posted hours requirement for um notice to tenants that they are that um nonnormal business hours availability is something that they can expect is is provided for in number 68 if I could jump in here too Mr chair um as um attorney Fryman advised when we were talking about uh the management plan itself um it is subject to uh the review and approval of the subsidizing agency who may request changes um so I think it would be prudent if we do add some language in number 68 to acknowledge that um the approved management plan if we say just after in accordance with the approved management plan as approved by the subsidizing agency and we can continue on with the rest of it um just to acknowledge that there could be some sort of minor change that comes with this um and and one other thing earlier today um Mr chair I know you and I had discussed it some length um the residential rental property bylaw and the procedure right that is available um I don't know if the discussion under the management plan and and your in particular your questions to Mr MOA um sort of satisfy that the process is certainly available to Residents including residents of these properties or if you feel the need to um reference that bylaw here well I I thought we probably wanted to reference that bylaw in number 69 okay as opposed to here I think number 69 talks about the residential rental permit and my thought was that that in in 69 that we require that um the residents are informed by the by the U landlord project manager that they have a right to complain through the residential rental permit system so if we can we so this first deal was 68 if there's any questions about that I think prudent um suggestion by attorney Murray for as approved by the subsidizing subsidizing agency that I we just have to live with that that's what is um required by state law but then in 69 I'd like to add of sentence that requires notice to the residents that they have the ability to um issue a to file a complaint through the residential rental permit process and I guess while Jinta is furiously typing I would just ask whether um attorney Fryman or if anybody has any particular issue with that addition you know Mr MOA has his hand up and then miss Prim Mr Mora did you have did you want to add something to this I don't I don't have an issue with that particular addition just that the the condition 69 that's shown here is not the most current condition language that was worked on between uh staff wayfinders and I believe both attorneys have reviewed it as well it is not the most recent thank you no I think actually I'm dropping it in now one second thank you jenta gonna say it's on the left side of the screen all right so now I'm let's make sure we have what is the most recent discussion between the applicant in the town it's this one so it's number six I you know what I'll just fix it one second that way it's clean and it's not confusing if everyone's okay with this except it keeps calling it six and not 69 what's the difference between this and what we were reading is there anything subed it it is similar to Mr chair you as we had discussed earlier today that um uh one thing that has changed is that after the temporary certificate of occupancy is issued um the applicant does anticipate that they will start leasing out units uh in which case they will have some data that they can provide to the town um upon issuance of the temporary CFO and adding language also that I believe within six months um they would update that information to the Building Commissioner and Miss Fryman you're comfortable with this attorney Fran yeah we we agree to so all right okay any questions regarding this or regarding the right to notification of a right to file complaints for the residential rental bylaw okay let's go on go ahead we can finish that up M yes Miss Williams go ahead and finish it before we move on it's done it's done cool all right number 70 is a security system shall be installed in accordance with the management plan Mr Meadows has his hand up oh Mr Meadows I'm sorry go ahead thank you uh 69 deals with the um 20 to 30 hours of the management and the 20 to 30 hours for the residential resident uh but there's nothing in here about maintenance that I can see I think you're right Mr chair if I may think it might make sense just add a sentence into number 68 68 yeah um because in we talk about Parts time staff 20 to 30 hours per week um but I think we could identify that as the project manager or assistant manager or assistant and also maintenance because then that will fit in with the 24-hour 7-Day week answering service and then we obviously mentioned the resident services coordinator uh towards the end so we can certainly add uh the project manager and assistant manager and maintenance be on site 20 to 30 hours per week let's each the G yes each yes so separately you have three requirements project manager and assistant project manager maintenance and Resident service counselor we have three separate requirements so we should mirror what's the language in the um management plan I think that's what you mean right Mr Meadows yes it is okay so the goal here is to mirror the language in the manag plan and we can make sure that staff has ability to make any technical un informing changes so that that can be done all right there's no objections I think was there any objections or any comments regarding the security system all right let's move on we have 70 and I think that's there's there one after that if I remember correctly yeah there two 71 and 72 oh um Mr Erick and Mr Gruber both have their hands up all right Mr ear yes could you go back to the staff allocation for a moment okay okay so here I just want to clarify there's Property Management resident services and maintenance the project manager and it's uh yeah so eliminate that it's really we we it would just say Property Management comma resident services okay okay because the assistant property manager and the property manager themselves they're just part of the property management you know Mr Erick I'm gonna I'm gonna object to that here's what I want to do I want to make sure that the management plan that we mirror the language of the management plan so there's no confusion so whatever we say in the ma the approved management plan I want to mirror here and I'm not sure I'd have to go check it out so I what I think is the right way to deal with this is to say to instruct staff to mirror the language in the the management the approved management plan and put that in the conditions that way we don't have inadvertent uh confusion in the future yeah if it mirrors what we have in the plan that's 100% all looking for perfect good Mr Gruber I think that that um you dealt with what I was going to bring up okay great all right let's get to 71 and 72 sure can I just put this on really quickly sure let's get it right that's good okay um the numbers are a little bit wonky but we'll fix that later okay project shall provide for disposal of refuges and recyclables as set forth in the management plan in accordance with the town General bylaws and the applicant shall inform all contractors and subcontractors subcontractors of the Amor wage and tip theft by law any questions regarding that all right that we've gone through the conditions we still if there are other conditions which board members wish to have the board consider this is the time to suggest that Mr sler I um initially I have a question are there excuse me does wayfinders have rules regarding occupancy the number of occupants in any given unit there are units of varying size how many how many people can live in a two-bedroom or a three-bedroom or whatever Miss buban do you want to respond to that or Mr grber yeah we we do have standard occupancy guidelines it's typically two people per bedroom uh obviously sometimes with families based on square footage and the we follow the state sanitary guidelines for how much how many people can occupy a space based on the square footage um so you may occasionally find if there's like a family that wants to put three kids in one bedroom if the square footage allows for that we have to take that into consideration um if they're applying for a unit but it's typically you know on a one-bedroom it would be one to two people on a two-bedroom it would be two to four people three-bedroom would be uh you know three to six people okay and these are part of regulations or codes and sanitary rules and square footage and this is not really discretionary correct right and is it in your documents to the tenants they're aware of this is it it's usually it's usually included in our tenant selection plan which is a publicly available document to applicants and tenants uh and they have to re they have to divulge disclose this information when they're applying how many people will in their family and how or whatever the unit is defined as and and what are the rules about longterm or long I don't know what term is correct visitors for more than a weekend I mean can somebody a relative who needs a place to stay can that person sleep live on the couch for an extended period of time is that permitted so our our rules and our leases typically have uh very clear information about overnight visitors so anytime there's an overnight visitor that's going to stay more than 24 hours they have to come and register that visitor with the office let us know who it is and how long they're staying um the lease and the rules will also include a provision that prohibits an overnight visitor from staying more than 14 days in a calendar month or for staying more than 28 days within a 12-month period um and that has a lot to do with the different affordability regulations right there's a lot of regulations with the different funding sources um any any person staying in the unit for more than that period of time would be considered an unauthorized occupant um so if they're going to stay more than those days that that the number of days that they're allowed uh then they would have to be looking to add the person to their actual lease agreement which they may not be able to do if the unit is already fully occupied I presume that's correct you you've addressed all these things uh I I was thinking about this because I went back at all of the discussion up to this point has been about the number of units in the two buildings so I went back and added up the number of bedrooms in the two buildings and there are 146 bedrooms in these two buildings so the number the the population of the buildings could be anywhere from you know 200 to 300 people two people per bedroom is 292 people so there could be a varying density in these buildings but I wanted to check that this is something that you address and you're you're prepared it sounds for there to be two people in every bedroom in both buildings for a total population of 292 people and and this is I presume you find this fully mat manageable and workable and reasonable correct yeah that's correct and to be honest thinking about our portfolio as a whole it's not often that units are at maximum capacity okay I'm yeah it was something that had not been discussed at all that I remember and I've been at every meeting so I wanted to uh to ask you about that thank you appreciate great okay any other comments questions concerns from um just public comment for this section I'll get to that just a second just want to make sure there's no more board stuff all right and let's see if there's anybody from the public who wishes to com to comment on this if you do please use the raise hand function or press star n on your phone you can speak for up to three minutes M Williams we got anybody nope no fish we're keeping we're keeping the street going all right um so we have before us we have tentatively approved most the vast majority of these conditions we had uh 15 or 16 before us today um with some amendments to what is before that was contained in the draft um the draft decision document I would entertain a motion that we adopt the conditions as amended as contained in the draft um discussion document which we have before us today and that we authorize staff to make technical anding changes to those specific areas where we want to reference back to the management plan or other areas of the document do I have such a motion so moved is there a second second is there any discussion on the motion to approve the conditions as amended with the authorization for um Technical and conforming changes if not the vote occurs on the motion to approve the conditions the chair votes I Mr sler I Mr White I Mr Meadows hi and Mr Henry are you there I don't see your picture hold on let me check the attendees he may be having technical issues like I was at the beginning of the meeting oh no well we'll mark that you did not reply did not respond to the roll call and the vote was four to zero with one um in technical exens extension and if he does have some question about this we can hope we can go back and provide him the ability to raise a question okay what I'd like to do now at 7:51 we're getting close to final action on this what I would like to do is take five minutes to give everybody a chance to grab a cup of water use the bathroom what we have left is findings and the final motion so we are in the we have the ability to approve or disapproved take the final vote on this matter tonight and if we can go through the findings we might be able to get this done and completed this evening so let's take five minutes everybody be back here at 7:56 and we'll continue uh the process all right see you in five minutes e e e e e e e e e had to check the Penn State game and see how it's going big game tonight e e okay we're back let's see I see Miss Murray's hand is up we'll start up again in just a second when we have Mr Meadows and Mr Henry back Mr chair I just wanted to say I think I have been kicked out as a panelist oh it happened a little bit happened a little bit earlier too so if Jinta could uh promote me again that would be fabulous great thank you there we go there we have you good we have Mr we all I also want to note that Mr Malloy has join joined us Mr Henry's back all right um um so now Miss Williams if you'd put the findings up on the shared screen sure can you see them not yet there we go all right as board members know we always have to make findings that um are the foundation of the decision we make and those findings are based upon the conditions the waivers uh that we have um previously approved so based on the condition based on the waivers based on the the representations and and the submissions from the from the applicant as well as from the town we we then make findings about um the project before us and if we approve these findings there's we find that we can approve the project so um There are rules and in zba's rules and regulations there's three or four pages of things we of findings we have to make they're broken into several different topics and what I would propose to do is go through the topic headers give everybody a chance to kind of go through the findings briefly but go through each of the topic headers to um make our findings and vote on our findings at the end of the of this section and vote on whether we can make the following findings so the first first thing that we have before us is that we are meeting local that this project and ammer is consistent with local needs and this project is consistent with local needs that again is something that we did at the very first meeting um that we we are we have met the requirement that we're consistent with local needs and therefore because of that whatever our decision tonight can't be appealed uh in in court that's the first thing the first first area of findings is that the proposal is in harmony with the goals of the master plan to preserve and expand the number of affordable and moderately priced homes in the town of amist and this in this section it runs through the kind of of um units that are provided under this proposal what the rents are what the needs are in our community um where where the needs are for renters and ammer what the needs are for low-income renters and very low income renters it also talks about the demand and it talks about the housing needs assessment all of which point to the need for affordable housing and we can find that this provides affordable housing um it's it's consistent with the master plan of the Town that's adopted by the town of amst so that's the first finding are there any questions about that okay let's go on to the second findings well we we'll get to the approval here we'll approve them all at once unless there's some objection let's go on to the next finding two The Proposal will protect and Advance the health and safety of the residents of the proposed housing as follows so here we really deal with two things one is the um um safety in it of the place itself so it's on a bus line it's got we have found that the we conditions are that it's we have safe traffic within the within the site that there is safe uh work there's people are safe to move around the area it also deals with um the uh sprinkler system and other kinds of safety features in the in the in the building and if we move down farther here it deals with if I if I'm correct um doesn't it deal with the yeah with the storm water right that there's a storm water we you're also safely dealing with the environment around the area we have a approved storm water plan the concom commission has approved the operation and maintenance plan they've approved the um what's the technical Fe technical name the second thing is the operation in the order of um what's it the order of there's a the order of conditions Mr yeah the order of conditions they've done both of those things um so we and that's so we're we're adopting or recognizing their their judgment it also talks about parking and safety for parking and 20 on the driveways for each it deals with primary and secondary snow CL uh snow clearing assorted things that would deal with health and safety as well as environmental concerns for the area and those we can say that we can make that I think we can say we can make that finding based upon the conditions that we have approved so that's the second finding the third finding we have to make is that the project will not threaten a natural environment which is some I guess is to some extent a cross it also was contained in the second one but this deals more with the Wetland protection act the the existence of wetlands near the property the how snow storage does not um negatively affect the um the wetlands and that it's outside the buffer area that the removal of the storage tank and we'll have a and that we have to then find that the based on the above the board finds that the project will have a limited environmental impact per section 4.51 of the board's rules and regulations and improve the existing conditions and water quality of the project site so that's the third finding we have to make the fourth finding deals with promotes acceptable site and building design in relation to the surrounding surroundings and Municipal and Regional planning and preserving open space so some of this is sort of um architecturally design it does it fit in with the neighborhood that's one consideration the second consideration is does it U promote access to town Services conservation land and other things does it create um ample roof areas for fold phov voltaic array that's hard to say photov voltaic arrays is a property density too much or too little is it and we find that it's more the town wants more Deb um housing and this provides more dense housing and are the usit visitable by people with Mobility impairment so the fourth one we have to as we scroll up to the top again the fourth finding we have to make is that the project promotes acceptable site and building design in relation to surrounding and Municipal and Regional planning and are preserving o Open Space the fifth finding we have to make is uh let's get that last one here I think the fifth finding is that the board finds that the project will not adversely affect the municipal facilities block Trails or potential Trails disturb wildlife habitats or block Scenic Vistas per section five 4.5 to8 32 and of the board's rules and regulations again I what again the site actually um restricts or Prov provides protects wildlife habitats and does not block any Scenic Vistas or trails and C is I don't think C is anything we have to approve at this point okay so those are the findings one through five that we need to make in order to if we wish to approve this application are there any questions from members of the board regarding that is there any public comment regarding these findings if there is please so indicate by using the raised hand function or Star n I'm assuming we have no public comments no public comments that is correct Mr chair all right so I would entertain a motion that the board approve the finding as stated in the um draft document before us findings 1 through five do I have such a motion I moved is there a second second it's been moved and seconded that we make the findings from one to five as contained in the draft decision document before us tonight if there's no discussion question about that I would take the vote occurs on approval of the findings the chair votes I Mr sler I Mr White I Mr Meadows I Mr Henry I the vote is five to nothing and the findings are approved so we come to the last um last couple of things we need to do before we um approve or we take final action on this proposal M Williams could you just scroll down a little bit sure I remember correctly yep there we go I remember correctly that some of the plan we need to U make sure that the plans that are listed on the decision document are AC accurately reflect the most recent plans that are submitted by the applicant and that we need to have that there's some discrepancy in the ones before us and that the staff I believe should be able to make sure that the plans that are the final plans that are are dra are sent to us are reflect are actually reflected by name on the decision document and I don't think we want to wait a week to have that happen I think we should be able to I think we should give the staff the ability to um conform the decision this decision document with the actual final plans so is there anybody that would object to that all right if there's no objection staff is authorized to make sure that the that the correct documents are listed in the decision document the next thing we need to do is to vote on the um approval of this plan of the vot let me get the exact I want to do this absolutely correctly so hold on a second we've just worked too long on this not to have the right exact language at the at the very end so the last motion I think before us is to approve a com zba FY general laws chapter 40b to construct a 31 unit mixed income rental housing in a three-story development with 14 proposed parking spots on the premises of 31 Southeast Street M 15 a parcel 20 in the RDC Village Center residence zoning district and a 47 unit mixed income rental housing building and a three-story building with 46 proposed parking spots on the premise of 70 belter Town Road Matt parcel 15c 58 15 c59 and 15 C60 in the RN and FPC neighborhood residence and flood prone Conservancy zoning district do I have such a motion to prove to prove the application as condition with conditions do I have such motion I hope I have such a motion did um so so moved so moved is there a second second second moved second Mar do I have anything else I have to make in my motion yes I just wanted to ask Mr chair if we could add um there were a number of members that each missed a session of the meeting um and I know that um Miss Williams has uh verbally advised that all of them have completed their certification um that they actually review all of the materials from those missed meetings uh so uh Miss Williams and I will will complete the information that you see in section 6A so that everyone who is about to vote remains eligible to do so yes everybody everybody has completed that training we just need to put the right dates in for completion of that of the review of the of the meeting that you missed of the one meeting you missed all right very good thank you thank you Miss Murray do we have uh we have a Move Motion and second there any discussion if not the vote occurs on the motion to approve the comprehensive permiss permit with conditions that and to authorize staff to make technical conforming changes including changes to the uh dates of review of missed um meetings um attorney freman her hand raised okay yeah I'm just wondering if you can also add and waivers so the conditions and waivers to the vote sure all right but yes we we we're approving the application with conditions waivers and findings all which have been approved the chair votes I Mr sler I Mr White I Mr Meadows I Mr Henry I the motion is the vote is five to nothing the motion is approved the application the compreh the application for a comprehensive permit is approved congratulations wayfinders on getting this done you thank you very much congratulations to to my fellow board members we spent a lot of time on this and I really appreciate the thoughtfulness and the contributions of each and every one of you I hope that you have um found as much found pleasure in doing this and I think we should be proud of ourselves for providing new housing facilitating the new housing in the area and I want to also thank the staff and our uh and Miss Murray especially for the extra work you've done to make sure this got done Miss Williams thank you very much um Mr MOA thank you too so congratulations I think this is a good project and uh good luck and I hope it gets built as soon as possible thank you all very much thank you thank you good thank you next order of business is public comment on any matter not before the board tonight Mr chair do we want to close the public hearing oh gosh yes I do yes thank you so much I got so excited that I forgot the last motion yes thank you Miss Williams um I would entertain a motion that we close the public hearing on zba FY 225-0488 the public hearing the chair votes I Mr Henry hi Mr Meadows hi Mr White hi Mr slober hi all right hearing is closed we have completed the business on zba FY 20254 the next order of business is um public comment on any matter not before the board tonight do we have anybody who wishes to to speak if they do please raise the use the raised hand function on Zoom or press star n on your phone nope no public comments All Right Next order of business is anything not planned anticipated within the last 48 hours Miss Williams this is where you get to tell us what our schedule is for the upcoming couple of meetings can you run through yeah yeah it is um so we originally had the ninth on hold for wayfinders but we just closed that hearing so you get the night off yay get the 16th off right yes yes the 16th sorry today is the nth you get the rest of the night off whatever well we're done early we are done early y um the 16th so that is um yeah go have fun go enjoy your family go get some cold fresh air something um and then the 23rd we have shutesbury and 85 North Witney shutesbury will more than likely be continued to a date certain because wsp cannot be there that night to talk about the new draft memo they sent us I didn't is the review the outside reviewer right yes they are the third party reviewer they've been doing glar and bass and a few other things um I didn't want to inundate you with a ton of information because I knew we had wayfinders so I will send you that memo tomorrow or you might get it from Chris um so you can read up on it in time for the 23rd but we won't really discuss it because wsp won't be there to answer your questions unfortunately um so we will have to continue to a date certain in February for that hearing hopefully everybody can make it when I say everybody I mean wsp and Tom Rey and friends um um so that's February right now and January right now and what's 85 North Whitney uh it's Joel green bomb's property he is turning an office space into a three-bedroom 1.5 bathroom if I recall correctly and it's already part of a a larger development so I will send you the project application report for that when it's ready and we'll schedule a site visit as well for the 21st the Tuesday the 2 1st it'll be during the day just because it's still dark out at like 4:30 so yeah that's what we have so far so the next time we'll see each other is the 23rd yes that's correct yeah I I've been writing down in days I just want to confirm that I heard the 23rd is is shutesbury solar and is that and that and North Whitney yes that's correct and what was the that was the 2 and what was the date after that did you give us for January 30 that was January 23d I did we don't have a meeting on January 30th okay um you then use the word February a moment ago I did because we have to continue to a date certain in February for shsy so that might either be the second or third Tuesday in February let me pull oh that's what you meant by February that was that was the solar continued yes right I apologize if that was not clear I believe one of those dates I'm not I'm not at home near my calendar so I think I told you that one of those Thursdays I'm not available okay and you wrote back to me and I just I am where the windchill is minus eight so um Craig can just have whatever enjoyment he has but uh it's different here you're gonna have something you're welcome to join me yeah I'm gonna go jump in the ocean now yeah so jealous my God what a thought um okay so I I don't know if if I need to be at the solar hearing I just want to make sure that I remind you that one of the February dates I already told you I can't make correct so if you have an option and you need a full panel I'm reminding you I appreciate the reminder thank you Mr sloviter I'll look for the email that you sent um when we get off I'll find it I'll send it to you again okay and you know it might be a really good idea Miss Williams why don't we why don't you send out to each of the members of the board the upcoming possible dates and have them respond if they're going to be gone for the next in the next possible dates for the next two or three months and then they can respond to you as to whether they'll be able to be there to attend it because I think I have one in late February that I cannot attend as well so that would be really helpful then you were not um you know and then if we have needs we can appoint an alternate to fulfill some of the the um empty seats on the board if we have to so why don't we sounds good yeah okay great Mr White uh just real quick uh so I will not be able to make the 23rd meeting because I will literally be driving from North Carolina to Massachusetts so okay sorry no it's okay um don't know that we is we're continuing we're voting to continue we're not having a discussion so I'm not sure you're on the panel for shsb no I'm not yeah okay so for 85 we need to get an alternate yeah that has not been we've not opened up a hearing on that yet have we no this is brand new so let's get one of the alternates to to fill Mr White's spot yeah sorry about that guys that's why we have alternates some people are driving and some people are you know bone air yeah and I doubt I'm I will be of much use just staring out of a windshield so all right any other comments questions I don't have any all right could enough oh I do I'm lying I do I just remembered one of of our meetings upcoming meetings um curious to know if you would like to do a business meeting sort of just like housekeeping do we need to do any votes on terms um and then there are a couple of things that I would like to propose that we look at in terms of the fee schedule for you know when people we have applicants coming through and they need to do a simple application like I don't know just changing or removing something from their previous special permit like just one condition instead of having them pay $600 maybe it's like 350 or something um so things like that just a little bit of housekeeping before we move forward for the rest of the calendar year so why don't you and I talk about what those are and we'll find that's a good idea we should have it's a good idea to have a house cleaning a housekeeping meeting or administrative meeting and if there's some ideas for and then we can open that up to members too if they wish to have anything they wish to discuss on the agenda so we can look at something in perhaps February for that that makes a ton of sense but you and I can talk about what's on the agenda yes reach out to members for what they might like to discuss okay all right that was it for me Mr Meadows is ready to jump in the water we don't want to keep him he is ready he's got the respirator in his mouth I love it all right so moved to it's moved second second yeah all right it's been moved and seconded and this is not discussable so the mo the vote occurs on the motion to adjourn chair votes I Mr Meadows hi Mr Henry hi Mr sler hi and Mr White hi all right carries 5 to nothing we are adjourned thank you again to everybody thanks for all your great night guys good night everyone be safe Mr Meadow