The chair not the chair knows the time is 6:10 p.m. and I call the meeting of the Amherst Zoning Board of Appeals to order. My name is Everald Henry, chair of the Amherst Zoning Board of Appeals. I want to welcome everyone to this meeting. We will begin with a roll call of the
ZBA members. Mr. Slovener, >> present. >> Mr. Offeld, >> present. >> Mr. Meadows, >> here. >> And Mr. White >> here. >> The chair notes that a quorum is present. Also attending this meeting
tonight is Mr. Cinta Williams, planner with the town of Amherst. Pursuant to chapter 2 of the act of 2025 extended through June 30th of 2027, the ability of public bodies to meet in a fully remote or hybrid manner. This meeting will be conducted via remote
means. Members of the public who wishes to access the meeting may do so via Zoom or 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.
The zoning board of appeals is a quasa judicial body that operates under the authority of chapter 48 of the general laws of the commonwealth for the purpose of promoting the health, safety, convenience, and general welfare of the inhabitants of the town of Amherst.
One of the most important elements of the Ammeris zoning bylaw is section 10.38. Specific findings from the section must be made for all of her decisions. Statutoily for a special permit. The board has 90 days from the close of
the hearing to file a decision. No decision is final until the written decision is signed by the sitting board members and is filed with the clerk's office. Once the decision is filed with the town clerk, there is a 20-day appeal period for an agrieved party to contest the
decision with the relevant judicial body in the superior court. After the appeal period, the permit must be recorded at the register of deeds to take effect. Tonight's agenda is approval of minutes from February 26 of 2026.
We have a public meeting um continued from March for ZBA FY2026-12113 Calls Road. We request a special permit for change of use under section 3.353 arcade or indoor commercial amusement to
open an arcade with a bar in the space formally occupied by Akins Farms Country Market North. We'll have discussion, general public comment period, other business not anticipated within the last 48 hours.
So going to the first order of business is the approval of minutes from February 26. Has everyone had the chance to review the minutes? And if so, are there any proposed edits and or corrections? The chair see no hands in the affirmative. So with that, I would
entertain a motion to approve the minutes for February 26, 2026. Is there such a motion? >> It has been moved and second. The vote occurs on the motion. Um, Mr. Meadows, >> I.
>> Mr. Offeld, >> I. >> Mr. Slovener, >> I. >> Mr. White, >> I. >> And the chair votes I. With the unanimous vote, um the minutes from February 26 of 2026 has been adopted.
Our next order of business is a public meeting um that was continued from March 2026 for ZBA FY 2026-1213 Cow Road. requests a special permit for a change of fees under sections 3.353
arcade or indoor commercial amusement to open an arcade with a bar in the space formally occupied by Atkins Farms Country Market North said property is located on map parcel 5A-139 commercial zoning district. The panel
for this hearing is myself, Mr. Slover, Mr. Offeld, and Mr. White. Before we open the public meeting, does anyone on the panel have anything to declare or disclose? >> I can leave. >> Do we have anything against Mr. Meadows?
>> And I'm sorry, Mr. Meadows. I thought I said Mr. Meadows. Yeah. >> Looking out for you, Craig. >> Oh, thank you, David. You're welcome. >> Apologies. Um if there are no disclosures or declarations, I will open the public
meeting and begin by reading into the record um any submissions since our last date. And the submissions as of April 6, 2026 was Tilted Orbit Arcada management plans for April 2026. It is an updated plan
that was previously submitted. There were some staff submissions, an updated project application report dated April 6. Um the planning staff memo which is a survey of alcohol establishments packet dated April 6, 2026 which includes
proposed conditions which are also listed in the complete list of proposed conditions at the end of this document. There is also submission for the board of license commission alcohol license packet um which includes a memo from Steve McCarthy staff leaison to the BLC
summarizing the BLC's role in alcohol licensing and tilted orbits licensing process dated April 2nd of 2026. The ABCC commission alcohol license for Tilted Orbit granted March 25th of 2026.
BLC draft minutes for the January 8th, 2026 meeting. Tilted Orbit's underage drinking management plan dated January 9th of 2026 and the BLC alcohol license regulations adopted October 6th of 2022 with a memo
to JW IO Inc. the memo from the board of license commissioners re tilted orbit dated April 2nd of 2026. So, um, Miss Williams, with that, can you please, um, invite the representatives from
113 Cow's Road, please? >> Mr. White, >> I'm sorry, Mr. White has his hand up. >> Uh, yeah, Mr. Chair, I just want to let you, the board, know I'm having, I think, some broadband issues, so I've turned off my video for now. I'll try to turn it back on in a little while to see if that helps. But, thank you. >> But you can still hear us.
>> Yes, I can hear you. that freed up some bandwidth with the video turned off. So, >> okay. Thank you. >> Um, before I bring in Miss Mcdana, did we want to read into the record any public comment? >> Do we have the Did I miss the public
comment? >> Just from Chief Ting. >> Um, bear with me one moment. When did we get that one? >> Um, if you scroll down, that was
submitted on I don't have that date memorized either, April 2nd, 2026. It's listed in red under um department comments. Department staff comments.
>> Department staff comments >> on page four of the P. >> Okay. Thank you. So, there is a public comment from Chief of Police Gabriel Tank submitted April 2nd of 2026, and it states in part, "I
don't have any concerns with this establishment having a liquor license and allowing minors in to enjoy the entertainment portion of the establishment. Most establishments have this as an issue to contend with. Any restaurant with a liquor license, as an example, the best example to use would
be Quarters and Hadley. The premises is similar and they are quite successful. I read paid 7 involved in their plan to segregate minors from over 21 and have seen the use of stamps or brace bracelets in other places and it is effective. I believe it is the establishment's responsibility to ensure
compliance from their customers and if that is neglected then it would become an issue otherwise I don't see a problem and I do not believe there are any additional public comments so thank you Miss Williams >> no problem and Miss Mcdana is with us
now >> Miss Mcdana good um afternoon and welcome back. So, this is a public meeting, not a public um hearing. Typically, this is where the board deliberates, but given
that you are the only item on the agenda tonight, um if you do have anything you want to add um with the board's permission, I will give you um the permission to do so before we deliberate. wasn't sure if I had to wait for board permission, but I think I'm all set. I
appreciate being back and I look forward to the discussion and hearing what you all have to say. Thank you. >> Okay. Thank you very much. Yes, that when there is no opposition, we just move on. Thank you.
So, um I I had the opportunity to read at length. Um this was I think the takeaway. um from this was there was there was
concerns um as we heard from the last meeting with public comment and from some members um of the board. So as chair I I I want to frame this discussion within the standards set forth um in 3.35.
Um so the question before us is whether the proposed use which is an arcade with accessory alcohol service meets the criteria for approval and is appropriate for this location given the safeguards and conditions available to us. And I want to say in reading the management
plan it was very detailed very thorough and I think um it answered a lot of questions and hopefully the board as a whole felt that it answered a lot of questions. So to that end, I would say first that with respect to the impacts on the neighborhood, um I think the
applicant has demonstrated that the use will not be detrimental or injurous to the surrounding area. Um concerns were raised during the public hearing about alcohol service, particularly in a setting where minors may be present. I think we just saw from the chief of police that that is not a concern. Um,
in response, I would say the applicant has provided a detailed and credible management plan that includes strict ID verification procedures, staff training, and active supervision. Um, and I think these measures directly mitigate um, the concerns that were raised. Um,
given the police's response, I would say that the proposal is consistent with public safety. um the chief of police um alcohol regulatory bodies um reviewed the application and didn't note any object objections. I think this is a critical factor under the bylaw and the
professional assessment supports the conclusion that the use as conditioned will not pose a risk to the community especially to minors. Um and third that we do have the authority and intends to impose appropriate conditions to ensure
that there's ongoing compliance. Um, these may include operational controls, limitations, and alcohol service and other safeguards tailored to this specific use for an arcade. Um, I think the proposed use represents a
reasonable and productive reuse reuse of the space. Um it contributes to the vitality of the area by introducing recreational use um that can serve um a broad segment of the community while remaining consistent with the character
of the district. And I would also say that in reading the project application report, I would say the applicant has demonstrated the capacity to operate the use responsibly. Um therefore the plan before us is not speculative. It reflects a clear understanding of the
environment and the expectations of this board and the town as a whole. And so based on my review and those findings, I believe the applicant has satisfied the requirements um under 3.353 and I would in I'll be inclined to
support um granting the special permit and I will have other people weigh in um with their own opinions and or concerns. Mr. Offeld,
>> thank you. Um, so, uh, first thanks to, uh, staff for assembling a really very interesting set of information, um, on other other establishments uh, throughout the town where alcohol is
served. And thanks to the applicant for adding to the um management plan, the re revised management plan, additional details which I guess had been provided to the U alcohol and beverage commission
if that's what it's called. I said at the last meeting at the end of the last meeting that I was inclined to support this application and I my have not changed my mind on that. Um and I think I appreciate Mr. Henry's uh very
detailed delineation of the various criteria and I think I I agree with him on every point. So I I look forward to moving forward and I guess we'll discuss the specific conditions momentarily or when you know when we get there.
>> Mrs. Lner. >> Well, I was quite impressed by what I read in the management plan. I think it's a very thorough approach to enforcement, including the specifics of of separating the bar
from the entertainment area, the the handstamps. Uh I even thought it was very clever to serve alcohol only in glass containers and non-alcoholic drinks in plastic.
That introduces another visual check that staff can walk around and if you see somebody who looks 12 years old with a glass in their hand, you walk over and maybe they're an incredibly youngl looking 25, but at least it's another
another trigger for enforcement. So, I think all of this is really based on the commitment to compliance of the people that operate this. And I think every answer has every question has been
answered. I'm I'm very impressed. I really did read it all. I now I know they're going to serve chicken tenders. So, this is that that came out. I'm telling you. So, I'm very impressed and I do support
this. I am uh I think that this is an appropriate use. Everything that the chair said uh resonates with me and I'm I'm very comfortable going forward and supporting this. Thank you, Mr. Chair. >> Thank you, Mr. SER.
Mr. Meadows, you're on mute. probably reasonable. I'm in agreement with the comments already made. >> Thank you, >> Mr. White. >> I'm gonna pop on video for a second. If I start breaking up, will you let me
know? Um, yeah. No, I agree with everything that's been said. I think the application that's come before us and everything that we've asked of the applicant has been met. I think uh plans that are set are excellent. >> Thank you, Mr. White. Thank you.
So, one of the requests um that was in the application was for under section 7.90 which was there is a waiver request um and I I made a note of that. So
before we get into um our specific findings that we required to make 7.90 I believe um the applicant has requested a waiver from submitting updated exterior
architectural drawings because minimal exterior changes are proposed. Um the applicants received permission from both assistant building commissioner and the building commission to reuse the exterior architecture drawings that were submitted for the Atkins Farms Country Market North application from 2015.
So I had a thought that we discuss um the waiver and again given that um there is no substantive exterior modifications as proposed as part of this application. And furthermore, given
that town staff, meaning the system building commissioner and the building commissioner have reviewed the proposal and determined that the existing architectural plans remain accurate and adequate for the board's review. Under those circumstances, the strict compliance with the submission
requirement would not serve its intended purpose. Um, I'm inclined to grant and support the waiver. Is there any discussion or opposition to granting the waiver? There are no affirmative responses. Um
in so to that end um I would entertain a motion um on the waiver first. I would enterain a motion that we approve um the mover the waiver. Is there such a motion? I see Mr. Sloer's handed the affirmative
>> with audio. So move. >> It's been moved. Is there a second? >> Second. It has been moved and second. Um the vote is there any discussion on the motion. With no discussion, the vote occurs. Um Mr. Meadows
>> I. >> Mr. Offeld >> I. >> Mr. Slovener >> I. >> Mr. White >> I. >> And the chair votes I. The waiver has been approved. We do have to make next we have to make
findings. There are specific findings we have to make under section 10.38 and we will go through these one by one. Um I did go through the project application report and there are three sections 10.391,
395 and 397 that were listed as not applicable. So with the board's permission um I will skip those. So in terms of findings, um
let me go back to section 10. Okay. And we'll start with um 10.380. The proposal is suitably located in the neighborhood in which it's proposed and or town total town as
deemed appropriate by the special permit grant and authority and I propose we make a finding that it is suitably located and is compatible with existing uses and other uses permitted by right in the same district. Um 10.381
the proposal is compatible with existing uses and other uses permitted by rights in the same district. um suggest we make a finding that it does it is compatible. Um 10.382 the proposal would not constitute a
nuisance due to air and water pollution, flood, noise, odor, dust, vibration, lights or visually offensive structures or site features. I would suggest we make a finding that the proposal does not constitute nuisance due to air and water pollution or any of
the above mentioned conditions. 10.383 the proposal would not be a substantial inconvenience or hazard to abutters vehicles or pedestrians. Um proposed to make a finding that the proposal will not create a substantial inconvenience or hazard to a butters or
pedestrians. 10.384 adequate and appropriate facilities would be provided for their proper operation of the proposed use. I would make a find I would suggest to make a finding that
site plan Z-102 proposed first floor plan shows addition of a bathroom in addition to the two pre-existing restrooms a mop sink sprinkler room bar and prep and storage space are also proposed for this space 10.385 the proposal reasonably protects the
adjoining premises against detrimental or offensive uses on the site including air and water pollution flood noise, odor, dust, vibration, lights, or visually offensive structures or site features. I recommend we make a finding
that 113 Cow's Road is a standalone site and the proposal does not show any signs of detrimental or offensive uses on the site, including but not limited to air and water pollution, flood, noise, odor, dust, vibration, lights, or visually
offensive structures or site features. 10.386. The proposal ensures that it is in conformance with the parking and sign regulations articles seven and eight respectively of this bylaw. A proposal make a finding that the proposal is in
conformance with the parking sign and sign regulations um of this bylaw. 10.387. The proposal provides convenient and safe vehicular and pedestrian movements within the site and in relation to the adjacent streets, property or
improvements. If the special permit granting authority deems the proposal likely to have a significantly adverse impact on traffic patterns, it shall be permitted to require a traffic impact report and the proposal shall comply with section 11.2437 of the bylaw. recommend we make a
finding that the proposal makes use of the pre-existing parkings on the site and does not detract from the previous established vehicular and pedestrian movement within the site or in relation to adjacent streets. 10.38
The proposal ensures adequate space for the off- streetet loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment or use. I recommend we make a finding that the proposal takes advantage of the pre
pre-existing space for off- street loading and unloading of vehicles, goods, products, and all other uses associated with the normal operation of the establishment or use. 10.389. The proposal provides adequate methods
of disposal and or storage for sewage, refuge, recyclables, and other waste resulting from the uses permitted or permissible on the site and methods of drainage for surface water. I propose to make a finding that the commercial waste and recycling dumpsters
are located east of the building near the loading dock and USA waste and recycling removes trash and non-redeemable recycling items weekly. Our kid employees store redeemable containers in bags and boxes in the enclosed loading dock area for regular removal and redemption.
All proceeds will be donated to the local nonprofit organization. Exterior trash bins are located near entrances and exits and near the parking lot walk to encourage customers to dispose of any trash. Tilted orbit staff regularly empty outside bins. Additionally, a
cigarette butts accept receptable place of the designated smoking area is emptied regularly with exterior trash bins. Amy McD Amy Magdano owner and general manager is a responsible party for complaints.
10.390. The proposal ensures protection from flood hazards as stated in section 3.228 228 considering such factors as elevation of buildings, drainage, adequacy of sewage disposal, erosion and sedimentation control, equipment
location, reference disposal, storage of buoyant materials, extent of paving, effective fell, roadways or other encroachments and flood runoff and flow, storage of chemicals and other hazardous substances. The town's conservation agent has no
concerns or comments regarding the proposal. As previously discussed, I will skip 10.391. 10.392. The proposal pro provides adequate landscaping including the screening of adjacent residential uses, provision of
street trees, landscape islands in the parking lot, and a landscape buffer along the street frontage. When a non-residential use adjoins a residential district, an uninterrupted vegetated buffer shall to the extent feasible be established and maintained
between buildings associated with uses under this section and the nearest residential property boundaries. Where natural undisputed vegetation already exists on site prior to site preparation and clearing, the majority of that vegetation may be retained and
included as part of the buffer along with the addition of such new plantings, selected removals and other management of site plantings as determined to be necessary to maintain an effective year round visual screen. Pursuant to section
11.3, I propose to make a finding that's taken from the applicant's management plan. The middle district implements a previously approved landscaping plan that includes the areas surrounding the cowbar. The landlord is responsible for maintaining the parking lot, landscaping, walkways, and building
exterior. Per the middle district management plan, the landlord is responsible for snow removal from the lot and walkways. Tilted orbit staff treat all primary entrances and the concrete patio and steps. The sidewalk between the buildings and the parking
lot and the sidewalk between the parking lot and cow's road with sand and salt properly following any inclement weather. 10.393 The proposal provides protection of adjacent properties by minimizing the
intrusion of lighting including parking lot and exterior lighting through use of cutoff luminaries, light shields, lowered heights of light poles, screening or similar solutions. Except for arch architectural and interior lift signs, all exterior site lighting shall
be downcast and shall be directed or shielded shielded to eliminate light trespass onto any street or abuing property and to eliminate direct or reflected glare perceptible to persons on any street or abing property and
sufficient to reduce a viewer's ability to see. All site lighting, including architectural, sign, and parking lot lighting, shall be kept extinguished outside of those business hours established under any approved site management plan except for lighting
determined to be necessary for site security and the safety of employees and visitors. proposal make a finding that the applicant says the existing exterior lighting fix fixtures that are original to Atkins market remain unchanged and there are no additional exterior
lighting being added apart from the lit sign described below section 10.394 the proposal avoids to the extent feasible impact on steep slopes flood planes scenic views great changes
um and wetlands proposal make a finding that the project proposal is not located in an area that would adversely impact on steep slopes, flood planes, scenic views, great changes, and wetlands. As previously discussed, 10.395 is not
applicable. 10.396 The proposal provides screening for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings, and similar features. There's a recommendation that the board may wish to confirm that the appropriate
screening for storage areas, loading docks, and dumpsters is provided. Um 10.397 not applicable. 10.398 The proposal is in harmony with the general purpose and intent of this bylaw
and the goals of the master plan. Recommended make a finding that the proposal is in keeping with the general purpose and intent of the bylaw. So, um, are there any discussions? And for the record, Miss Williams, um, I cannot
see, um, our board. Are there any discussions on the findings? >> David Offeld has a question. >> Go ahead, Mr. Offeld. >> So, actually two two minor points. Uh
first on 10.396 the screening for storage areas and so on. Uh now both myself and Mr. Sloder visited the site and talked with the applicant and I I'm I think I can speak for Mr. Sloer. We were both satisfied that that that there will be appropriate
screening. Um yes, that's number one. Uh and number two is if I look at this is just a phrasing definition kind of thing. Um
392 10.392 refers to the MIDI district and refers to the landlord. I think the Mildreistic is the landlord. Is that correct? >> I think so too. I believe these phrase these uh phrases and the staff review
were taken from the management plan and maybe we could just in the first bullet point we could say the mill district parenthesis the landlord just to clarify that if it's and maybe everybody else thinks it's obvious but I was
for others who may read this >> I think that makes sense Mr. So yeah >> that was it >> thank you Mr. over there. >> Um I Mr. Rafel's first point. Absolutely. I agree with the screening was not an issue. We were both very
satisfied. I'm not so sure because I never went to law school. That the mill district and the land and the owner of the property are the same thing. I always think of the mill district as
identifying the geographic part of Ammerst whereas Kohl's headed by Cinda Jones owns the property. So I don't know that they're interchangeable and
we're always worried about doing something that we're not supposed to do. So uh I know that that the that Ms. Mcdana has referred to dealing with Cinda on a number of points and Cinda Jones is
clearly the representative of the owner of of the the commercial center there. I just don't know if the designation um mill district is limited to that development. I don't actually care by
the way. I just don't know what we're supposed to do here. So that's that's a very good point. But the reason I didn't raise an issue is because in bullet number three, it references the mill district management plan. So I'm reviewing that as the mill district
being an entity. >> So um >> Oh, fine. Fine. I >> But no, it's a good point for clarification. And I think Miss um Magda Mag butchering your last name um has her
hand up and maybe she can clarify given that she represents um Tilted Orbit. So with everyone's permission, I think she can make the clarification for us. Um go ahead, ma'am. >> Is um WD Kohl's with Cinda as the
representative of Kohl's. But correct, the mill district is the reference of the management plan where their obligations to maintain for the um north square and the rest of the development
is is um contained where those statements came from. So the management plan is the the mill district management plan is like the title of the management plan. The landlord is Cinda Jones at WD Kohl's.
Okay. So, there is no specific entity called the mill district. >> That's correct. That just kind of poor writing on my part. >> Okay. So, Miss Williams, um, given that clarification, I think going back to Mr. Al's point, I think we should make sure it's accurate.
If if if the mill district is not an entity, then um we should reference um the actual entity, but articulate that the management plan is referred to as the middle district management plan, but
it's a management plan and from the landlord, whatever the landlord's name is. Are you able to see the changes that I've made? >> Oh, I'm sorry. I'm seeing um No, I now I can.
>> Yeah, I think she already did it. >> Okay, perfect. >> I'll just highlight it so it's it's visible. I think that's all very clear. >> Yes. >> Yeah. Okay. >> Okay. Great.
>> Mr. Ael, are you comfortable? Okay. Thank you. Are there any further comments or discussions on the findings? I see no answer in the affirmative. So I would entertain a motion to um approve
the findings as well as approve approve the findings and then we can move on to conditions. Um is there such a motion? >> So moved.
>> It has been moved. Is there a second? >> Second. >> It has been moved and second. >> Any discussion? With no discussion, the vote occurs on the motion. Mr. Meadows >> I. >> Mr. Offeld >> I.
>> Mr. Slovder >> I. >> Mr. White >> I. >> And the chair votes I with a 50 vote. The motion um has passed. Now we move on to proposed conditions um
as drafted on the project application report. So, okay, I'm going to go back to Miss Williams' screen. And so, I'm going to start from um number one. The granting
of the special permit allows the change of fuse from apartment 8 bus commercial to arcade or indoor commercial amusement. The project shall be built, maintained, managed, and followed at all times according to the submitted plans and
documents founded in the application packet dated March 24, 2026, tilted orbit_. And there was a cover sheet AC-00001 site plan that included a parking um
exhibit-1000 existing floor plans. Exhibit-2000 existing exterior elevations. A-100 proposed first floor plan, A1 layout and occupancy plan, and A-2000
exterior elevations. Any changes shall be reviewed by the building commissioner to determine if the changes are significant. If the changes are deemed significant, said changes may be reviewed by the zoning board of appeals at a public meeting or
may require a formal modification of the permit and or condition. If a formal modification is required, submission to the zoning board of appeals is necessary for the means of obtaining a special permit. All exterior.
I'm sorry. This says seven. I think it should be three. Or did I miss something? >> Yes. One second. Sorry. >> Okay. Right. Thank you.
All interior and exterior site improvements including the driveway, park and air striping, curbing, lighting, dumpster enclosure, storm water draining systems, landscaping and plantings shall be constructed or installed substantially in accordance
with the approved site plans and associated details prior to the issuance of a certificate of occupancy and shall thereafter be maintained in good working order in accordance with the operations and maintenance plan in article 7 of the zoning bylaw.
All existing lighting shall continue to be installed in accordance with the approved lighting plan. It shall be downcast and shielded so as to prevent light spillage onto adjacent properties or roadways. After hours, lighting shall be turned off except as operated by
motion sensors. Parking shall be provided and managed in accordance with AC-00001, the site plan, which includes parking dated March 26 of 2026 as found in the application packet 2026-3-24_tilted
orbit_t. Any changes shall be reviewed by the building commissioner to determine if the changes are significant. If changes are deemed significant, said changes may be reviewed by the zoning board of appeals at a public meeting or may
require a formal modification of the permit and or condition. If a formal modification is required, submission to the zoning board of appeals is necessary for the means of obtaining a special permit. This use shall be managed and operated
in conformance with the approved tilted orbit or kid management plans. as approved. An approved management plan shall be in place at all times. Any changes shall be reviewed by the building commissioner to determine if the changes are significant. If the changes are deemed significant, said
changes may be reviewed by the zoning board of appeals at a public meeting or may require a formal modification of the permit and or condition. If a formal modification is required, submissions to the zoning board of appeals is necessary for the means of obtaining a special
permit. All landscaping all landscaping plantings associated with the parking area shall be installed in accordance with the approved tilted orbit arcade management plans and once installed shall be cured for and continually maintained and replaced inclined as
needed. All disturbed areas shall be loomed loomed and seated unless otherwise specified. The granting of the special permits will nullify all previously granted special permits for all previously permitted uses. All alcohol service shall be managed
strictly in accordance with section five concessions and alcohol service plan as found in the tilted orbit arcade management plans dated April 2026 documents approved as part of a special permit including but not limited to the following provisions.
Patrons must have handstamped to enter the bar area. Entry scan at the welcome desk. Every patient's ID will be scanned via electronic card reader upon entry. There needs to be a point of scale scan and the bar. A second mandatory electronic
scan will be required and the bar before any alcohol service. Mandatory handstamp. Patrons verified as 21 plus will receive a unique ink stamp on their right hand. Provide a clear visual indicator for floor staff. Treatment as
minor. Any patient unable to provide a valid ID will be treated as a minor for the duration of their visit. No access. Such individuals will not receive a handstamp and will be strictly prohibited from entering the roped off
bar area. Purchases will be limited to two alcoholic drinks per purchase at the bar. Patrons can come back as many times as they wish and appropriate staff will be trained in training and intervention procedures for service of alcohol. Alcohol um
glass only. Only alcoholic beverages will be served in glass wear. Non-alcoholic paper only. Um all non-alcoholic beverage will be served in the can with an optional coated paper cup. The rule, no alcohol will be poured
into paper cups, allowing staff to easily identify unauthorized um consumption. I I don't want to um I know it says paper, but should we do like paper or plastic just to not limit
to paper or make it in the event the petitioner decides to do plastic versus paper? >> Miss Mcdana, are you okay with that? Adding the word plastic in there? >> Yes, I'm fine with that. Any
changes shall be reviewed by the building commissioner to determine if the changes are significant. If the changes are deemed significant, such changes may be reviewed by the zoning board of appeals at a public meeting or may require a formal modification of the permit and or
condition. If a formal modification is required, submission to the zoning board of appeals is necessary for the means of obtaining a special permit. Any change of owner or operator shall require a new management plan be submitted and reviewed by the zoning
board of appeals at a public meeting. The purpose of this meeting shall be for the board to determine that the new owner operator will operate the use as allowed by this special permit. Um we can so I after last week's meeting I did
send um some conditions but I think the management plan addresses these conditions. So um we can discard disregard numbers one and two because I think they have their own hours. I think we've addressed the alcohol
verification. So, we can discard that one as well. My language was broader in terms of um you know alcohol service, but I think the management plan has language about alcohol service. So, I'm comfortable
removing this one as well. Um the tip certification is in the management plan. I think I would like to leave that one. Adequate on-site management and supervision shall be maintained at all times to monitor both underage and adult patrons.
So there was a there was a um public comment about um noise. Um you can take out number one and I know that Miss Magnary said that noise levels will be in accordance with
the guidelines. Um, so I am comfortable even number one knowing that you have a provision that addresses the noise. So Miss Williams, I'm comfortable. >> Would you like to remove it? >> No, leave it. >> Leave it. Okay.
>> Yes, >> I would like to leave that one as well. >> Okay. I know there's I think capacity has been addressed but I think just having it here um >> okay >> yes I would also like to leave number 14
because given that we um we granted a waiver but if things are changing I think it should come back to the ZBA. Um so that one's fine. Number 14 is fine. Um, we can take out number one.
>> Should I just add add a public meeting? >> Yes. >> Okay. And you I can remove this one. >> Yes. >> I think parking has been addressed. I think signage has also been addressed. And
so number the last one is reflective of number 10 that's there. Um but I prefer my language to the one that's at number 10. >> Okay. So let's try to merge them.
Okay. This appro specific applicant in the proposed arcade use and shall not be transferred without the further order views required by the zoning bylaw. The change of owner operator shall require new management plan be submitted and reviewed by the zoning board of appeals at a public meeting. The purpose of the
meeting should be for the board to determine that the new owner or operator will operate. Actually, I think you it blends perfectly the way it's written. >> Great. >> Does any member of the board wishes to comment um on the proposed conditions,
modify conditions, or add any conditions? >> I'm going to stop sharing for a moment. >> That's okay. Um I do not see any hands. Um I'm sorry, Mr. Al. >> Yes. Um just want to clarify that your
your new number 14 uh refers to exterior changes beyond those shown in the um plan that's been submitted because there is an addition of a sign, an exterior sign on the side of the building.
>> I I just mean yes, not the sign. It's larger changes. Yeah. >> Okay. Okay. >> Yeah. >> Um because I >> Go ahead. >> I'm sorry. Go ahead. >> No, the waiver that we did was um we we
approved the waiver because the town says the 2015 submission was sufficient, but if they decide to change that, then I think we I think we should the board should have a review of that.
Okay, I was going to go on to another two more minor points. Uh let's see. In number nine, I a non-alcoholic uh we say all non-alcoholic beverages will be served in the can. I think in
the management plan it says can or bottle and we certainly don't want to >> agree because >> a limit >> some things come in bottles >> bottles of soda pop or something like that. >> Yeah. >> Um
and I and then number 9B. Um, if I take a literal reading of that, we're going to do an ID scan on 8-year-olds, which I don't think is what we intend. So, this is this is the uh
the scanning will happen with patrons that wish to their hands to be stamped. >> So, yeah. So maybe you should say every patron who wishes to purchase ID, >> purchase liquor rather, because that's the intent. >> Yeah. Yeah.
>> Yeah. >> Something like that. >> Yeah. >> And I I I mentioned an 8-year-old, but but I assume there may be some patrons who would like to play pinball, but not consume any alcohol and Yes. would be admitted without
um you know, they could skip the st the handstamp piece. Yeah. >> Okay, that was it. >> Thank you, Mr. Bfeld. Um, Miss Williams, just as a reminder, we
had said we should change paper to paper plastic. So, number nine, I still says paper only. >> Okay. Right. Yeah. Okay. Does that look okay?
>> I think so. Um, >> can someone verify the language in B really quickly, please? in 9B. >> Yes, sorry. 9B. >> Okay. Entry scan. Patrons who wish to consume alcohol beverages will have
their ID scanned via electronic card entry. Yes. Um I think we should change the word will to must. Okay. the language. Can you go up? Um,
so any changes shall be reviewed by the building commissioner to determine if the changes are significant. If the changes are deemed significant, said changes may be reviewed by the zoning board. I think May needs to also say must
the public meeting or or at a public meeting or may require for modification of the permit. Okay. A public meeting and will require Okay. I think that language is I think it's at least three places in. So I
think you just copy and paste them. Um I think there may be I think I saw it three places prior maybe above not below. Yeah. >> Can I ask a question? Miss Mcdana has her hand up. >> I'm sorry. One one second. I think it's
also one one further place up. Yes. Go ahead, Miss McDonald. >> I was curious about the change of the word from may. Um, I guess in reading that I thought that there was a decision point in there
for the board to say, "Yeah, this is something that has to come in front of the board, but now we're changing it to like it absolutely has to go in front of the board." And I did I understand that correctly? >> So, we
we don't get to see things unless there's an actual application in front of us. >> Um, >> okay. >> Yes. So there is no decision point of yes or no. We decide whether want to Thank you. Yes. >> We don't get to choose what comes before
us. Yeah. Gota. >> Yeah. >> Okay. Are there any additional comments slashfeedback from the board? I see no hands in the affirmative.
So to that end, I would entertain a motion that we approve the conditions as reviewed and revised. Is there such a motion? >> So moved. >> It has been moved and second. Is there
any discussion? With no discussion, the vote occurs on the motion. Mr. Meadows, >> I. >> Mr. Offeld, >> I. >> Mr. Sloder, >> I. Mr. White >> I.
>> And the chair votes I. The vote is 50-0. The conditions are approved. We have approved the findings and the conditions. Now I would entertain a motion that we approve um ZBA FY2026-12
um which not only approves the findings and the conditions but in doing so it would also be a change of use um approval. Um is there such a motion? >> So moved. >> It has been moved. Is there a second?
>> Second. >> It has been moved and second. Um, is there any discussion? With no discussion, the vote occurs on the motion. Um, Mr. White, >> I. >> Mr. Slovener, >> I.
>> Mr. Arfeld, >> I. >> Mr. Meadows, >> I. >> And the chair votes I. The vote is 50. Um, congratulations, Miss McDonald. ZBA FY2026-12113 Calls Road. um request of a special
permit for a change of use under sections 3.353 arcade or indoor commercial amusement um to open an arcade with a bar in the space formally occupied by Atkins Farms Country Market North has been approved. >> Thank you. Thank you so much.
>> Thank you for your time and your patience, ma'am. I will now entertain a motion to close the public meeting um for ZBA FY2026-12. Is there such a motion? >> Moved.
>> It has been moved and second. >> The vote occurs on the motion. Mr. Meadows >> I. >> Mr. Arfeld >> I. >> Mr. Slovder >> I. >> Mr. White >> I. and the chair votes I. The public
meeting for ZBA FY2026-12 is now closed. Our next order of business tonight is any general public comment for any matters not before the board tonight. If there are any members of the public who
wishes to give a public comment, please do so by using the raise hand function or if you're calling in via telephone, press star 9 on your phone. Um M. swims. Do we have anyone here? >> Yes, we have a Miss Hilda Greenbomb who
wishes to comment. >> And she'll be joining us shortly. >> Thank you. And bomb, you're still muted. Sorry, I had hit that. Um, as a member of the press, I would like to ask if there are any members of the
public sitting in the Zoom room and I would like an answer to that question. Please, >> this is a public comment. you were >> you were the only person in the the attendees room. >> Thank you very much. I wanted to know
that to report back to my district. Thank you. >> You're welcome. So, there are no other members who wish to make a public comment. Miss Williams? >> No. Miss Greenbomb was the only member of the public present tonight.
Thank you. With no other public comments, are there any other business not anticipated within the last 48 hours? >> Oh, hold on. Miss Greenbomb has her hand up again. >> The screen bomb, you're a panelist.
>> I got muted again. Um, I just wanted to make as a public comment that many committees, including the planning board, do mention the names of all of the people sitting in the Zoom audience. And that I think is a commitment to
local to open government. You might want to take that practice to heart. Thank you. >> Thank you, Miss Greenbomb. I think Mr. White had his hand up. >> White. >> Um, since it's her birthday, if I
remember correctly, I'll not be the person that makes her ask can she have her birthday off. Um, so yes, Mr. Chair, can we discuss cancelling the meeting? I think it's the 14th. >> Thank you, Mr. White. >> Yes, we can. We are at that part where
we look at the upcoming schedule. Um and so yes, that should be on the agenda. >> One moment. All right. Can everyone see that? Okay. >> Yes. Thank you.
>> All right. Uh, so we just wrapped up our hearing for Tilted Orbit. Ball Lane was not prepared to present this evening. So, they will be presenting hopefully on the 23rd of April. Um, I can't imagine
that they would present at any other time because they are they have a a deadline essentially like something that needs to be turned in or completed by the 18th of May. So, um I hope they're ready by April 23rd because
that's essentially their last opportunity to come before the board to present what they need to present. So, I believe they're working on that now with town council and our planning director and hopefully they will have something available
next week, midweek next week for the board to look at. I will coordinate with the planning director as to how to get to all of you because I am out next week and not available. So, um that's what you're looking at. And
then you've got 43 South Prospect is another one of our breadand butter type of permit requests where the applicant would like to remove the owner occupancy and replace that with a resident manager
instead. Um, and that's all they're doing. They're not changing anything else. So, that will be before the board and then the site visit for that will take place as it's usually scheduled. Um,
you know, so the applicant will join us for that site visit as well. And I also believe you're out, Mr. Chair. So, I believe Mr. Slovid will be chairing and Miss Greenbomb will be joining us as the fifth panel member on the 23rd.
>> Thank you. And I'm also out on June 25th. >> Okay. Thank you for that. >> Oops. While we're doing outages or aways, I will be away on uh May 28th.
Okay, hold on. Are there any other absences that anyone knows of at the moment? No. Okay. And then I think there's only I can't remember off the top of my head, but I think it's Mr. Henry and Mr.
White. I think your terms are expiring at the end of this fiscal year. So, that's just something to I know we're in April. It doesn't seem like we're going to hit June, but June will be here before you know it. So, think about what
you'd like to do with that information. Um, but that's what we have coming up. So, we've just concluded everything for tonight. I'm going to actually strike this because that's inaccurate. And on the 23rd, we should be hearing
from Ball Lane and 43 South Prospect Street. Ball Lane will be a public meeting. So, they'll go first and then we'll have 43 South Prospect going second. So, if we could vote to cancel the 514 meeting, that would be
wonderful. Thank you. Well, I Oh, sorry. >> Yes, Mr. Silver. >> I think that Philip White, who has assumed the title of the Justinta Williams birthday committee, should
should make should make an affirmative motion that the rest of us can all collectively second and vote to approve. I think Miss Williams deserves the night off, especially since there's no body nothing planned. So, go for it, Philip,
with one L. >> As long as that's fine with the chair, I have no problem with it whatsoever. >> Not it is not an issue. Yes. >> Uh, Mr. Chair, I'd like to introduce a motion that we cancel our meeting on May 14th. >> Is there a second?
>> Second. >> I think >> that has been moved. The motion had Mr. I I wish Yintenta a wonderful birthday and I don't expect her to be here but I I just and just a question a procedural question here >> if there is by chance something on that
evening could planning staff private provide an alternate support person is >> can it work that way I just don't know >> we've already taken it off of the schedule like we updated it on the website and to be honest there isn't any
support Um, got it. Okay. >> You know, so that's kind of why things are the way that they are. So, >> and we don't we don't want anyone else anyway. >> Well, it would be a very poor substitute, but I just I'm imagining if
we weren't had something that needed to be done with urgency or something. >> Take the night off, Mr. Al. Everyone >> I third the motion. Can I do that? Can I third the motion? >> Yeah. Let's not clutter up the motion.
It has been moved and seconded and discussed. The vote occurs on the motion. Miss Meadows, >> I' I'd like to first know who all of those women are that she's introduced us to in her emails and if she's going to
party with them that day. >> Which women? >> The picture at the bottom of your email. >> Oh, I can't answer that. Okay. >> I >> Mr. Offelds.
>> I >> Mr. Slovenor. >> I >> Mr. White. >> I'm really tempted to vote no, but I'm going to vote I would be >> and the chair votes I. The May 14th meeting has been officially cancelled.
>> Thank you so much. >> You're very welcome. Thank you for all that you do. >> Right. Right. and we will gather on the evening of the 14th to sing Happy Birthday even if you're not there. By the way, just just
by the way, from an educational point of view, the song Happy Birthday to you is the most widely sung song in the world. >> Is it? >> It is. >> Everybody has a birthday. And I only know this because Old Langine written by
Robert Burns is the second most sung widely sung song topped only by happy birthday. So happy birthday to you, Ms. Williams. >> Thank you. >> And I think the reason why Adlan sang is
not the most popular is because they only sing it once a year. Yeah. >> Right. Right. >> Happy birthday gets Happy Birthday gets sung every day. Yeah, right. Yeah, >> that's fair. >> Okay,
>> I can't figure out how to stop sharing now. >> Okay. Um, >> well, we all say goodbye and stop sharing. >> So, yeah. So, >> thank you. Happy birthday. >> Yeah. Thank you. Happy birthday. >> Thank you.
>> So, I would now entertain. >> Yes. Go ahead, >> please. >> Yes. gone off the rail. Yeah, we want to second something else. >> I would now entertain a motion to close tonight's meeting. Do I have such a motion? >> So moved.
>> It has been moved as a second. >> Second. >> It has been moved and second. The motion is not debatable and requires roll call vote. Mr. Meadows. >> I. >> Mr. Offeld. >> I. >> Mr. Slovder. >> I. >> Mr. White.
>> I. >> The chair votes I. Um, thank you all for your service. We are adjourned at 7:21. Good night everyone. >> Good night. >> Good night. Thank you.