We are live. The chair notes the appointed time is 6:07 p.m. and I call the meeting of the Amherst zoning board of appeals to order. My name is Eve Henry, chair of the Amherst ZBA. I want to welcome everyone to this meeting. We'll begin
with a roll call of the ZBA members. Mr. White here. Mr. Sloder here. Mr. Meadows present. Mr. Afeld here. A court is present. Also present tonight
is Miss Justinta Williams, planner for the town of Amherst. Pursuant to chapter 2 of Acts 2025, extended through June 30th of 2027, the ability of public bodies to meet in fully remote or hybrid manner. This meeting shall be conducted via remote
means. Members of the public who wish to access the meeting may do so via Zoom or by telephone. No inperson attendance of members of the public will be permitted, but ever efforts will be made to ensure that the public can adequately access the proceedings in real time via
technological means. The zoning board of appeals is a quasi judicial body that operates under the authority of chapter 4A of the general laws of the Commonwealth of Massachusetts 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 Amazonian bylaw is section 10.38. Specific findings from this from this section must be made for all our decisions. Statutoily for our special permits, the board has 90 days from the
close of the hearing to file a decision. No decision is final until the written decision is signed by the city and board members and is filed in the town 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 regist registry of deeds to take effect. Tonight's agenda, approval of minutes from July 2024's meeting and a continuation of a public
hearing for ZBA FY2026-01 LSC Forax LLC Public Hill request a special permits for the modification of the previous two special permits ZBA 2020-01 and ZBA 2018-9 under 3.34 transformer station or other
energy facility for property located on map parcel 2A-18 2B-3 2B-4 outline residents zoning district and the first order of business tonight is approval of the minutes from July
2024 has everyone had the opportunity to review the minutes and does anyone have any feedback or updates and I see Mr. Hel is not in so I will start with him. I I've just I have reviewed them. I have no comments.
Mr. Sier, I'm fine with them. Mr. Meadows, that is uh no problem. And Mr. White, I'm good. There are no issues noted by the board.
So I move that we adopt the meeting minutes from July 2024th. Is there such a motion? So moved. So moved. It has been moved and second. Um the chair votes I. Mr. Slovener
I. Mr. Offeld I. Mr. Meadows I. And Mr. White I. The minutes for July 2024th has been adopted by the board.
The next order of business is a continuation of the public hearing for ZBA FY2026-01. Do we have the petitioners here, Miss Williams? Yes, they're here. Let me bring them in. Thank you. We have Sam Bologn and Timothy
Miss Voluone and Miss welcome back. Thank you for having us again. So, From our last meeting, I believe we were in a public meeting and we continue to adate certainty today to give the town
staff an opportunity to provide any feedback pursuant to the guidelines and I believe there were no feedback provided by anyone. Is that right, Miss Williams? That is correct, Mr. Chair. And there was a request also made um and
this was in reference to a question by Mr. Hoffeld in terms of the noise recommendation. And I do believe that there was a submission on July 25th which was um labeled MP2XL system
specification version 1.3 dated May 31st, 2024. And deferring to Mr. Offel, do you have any questions in reference to that submission for the applicant? Uh, I thank the applicants for providing
that additional information and it answered all my questions. So, all set on that issue. Thank you, Miss Ael. Does any other member of the members of the board have any questions in reference to that submission or any of the previous
submissions that were made? I will take the silence as no. And to that effect, I will entertain a motion to move this public hearing into a public meeting while keeping the public hearing open. Actually, before we do so,
um, Mr. Voluone and Mr. do either of you have anything to add before we move to public deliberation? No updates on my end. Thank you. No, I'm good. Thank you both. So I will entertain a motion to move this public hearing into
a public meeting while keeping the public hearing. Is there such a motion? So moved. So moved. It has been moved and second. Um Mr. Sadder I. Mr. Meadows I.
Mr. White I. Mr. Offeld I. And the chair votes I. We are now in the public meeting of ZBA 20 FY2026-01 LLC Forax LLC pulpit hill.
I I think from our last meeting there was a general consensus from the entire board that this was um appropriate based on the bylaws and the fact that this was previously approved under ZBA ZBA 2020-01 and 2018-9
and from the site visit as well as the presentation I think we were all comfortable in approving it as is with um um possible conditions if there were any as determined by the board. The only
condition that I had a question was on number one and I wanted to have everyone had review this and it said any changes to the proposal regarding but not limited to size, location, equipment upgrades, wetlands and environmental
impacts and fire prevention must be presented to the zoning board of appeals at a public meeting to determine if the changes are significant. My question, um, Mr. Williams, would the town staff get notification of any
change prior to coming before the ZBA? How do we make a determination if something is being changed? um the applicant would be reaching out to us to determine if they needed a special permit or you know that would be a communication that would be happening
prior to the public meeting and through that communication we would advise the applicant supporting but do we do we necessarily need to put this as a condition wouldn't it go doesn't it go without saying that if one of these things are changing um to given
that it is being approved under a special permit. If anything is changing, then it would require um a new special permit hearing. Do we need to um add that in there? It is necessary just because it creates that, how should I say, it allows the
applicant to know that this is required, right? And it's generally boilerplate language that is found in other VBA applications when we have a special permit of this. Okay.
So, okay. And number three, um I didn't quite understand number three. Um it seems as it's a condition, um is this condition precedent, condition
after the fact? Um it is a responsibility of the applicant to complete any review required by all agencies with jurisdiction over the activity. I'm just trying to understand what review um they would need to complete before I add that to the special permit.
That would be like if ever source asked them to do something else. Um we just want to make sure that they're compliant with say whatever source is asking them to do as well. So that's what that is supposed to address. And is this language from the prior to
special permits? Um I don't recall that off the top of my head. I would have to go back and look, but I do know that it was suggested by town staff that this should be something that we put in the Okay.
And um I think those were my questions in terms of those two conditions. Um, do any members of the board have any proposed conditions or questions on the possible conditions of approval? I see everyone not in in the negative,
Mr. Offeld. Nope. Okay. So, um, everyone bear with me. I do need to go through our specific findings and so
Okay, I can pull them up. One second. Yes, please. Where would you like to start? Um, we can start at the top. Wherever I need to start. Okay, I think we need to go back one, I
believe. 3 point the board under section 10.38 of the zoning bylaw make specific findings um for our special permits um 10.38 and 31 the proposal is suitable
located in the neighborhood in which it is proposed and or the total town as deemed appropriate by the special permitting granting authority. The proposal is compatible with existing uses and other use permitted by right in the same district.
The proposed updates appear to not negatively impact the neighborhood and the solar array project was approved with the granting of the FY28-9 special permit. Adjustments to a solar panel layout, installation of additional equipment pads, extension of gravel road
with gate to town property, and designate minimum frontage requirements located off Monagu Road were approved with the granting of 2028-01 special permit. 10.38
335 and 10.387. The proposal would not constitute a nuisance due to air and water pollution, flood, noise, odor, dust, vibration, lights, or visually offensive structures or sight features. The proposal would not be a substantial inconvenience or
hazard of butters, vehicles, or pedestrians. The proposal reasonably protects the adjoining premises against detrimental or offensive uses on the site including air and water pollution, flood, noise, odor, dust, vibration, lights or visually offensive structures
or site features. The proposal provides convenience and safe vehicular pedestrian movements within the site and in relation to adjacent streets, property or improvements. In terms of hazard of butters previously stated in the 2020-01,
the solar array does not produce any significant noise or other offensive nuisance or disturbance. The project is found to be far enough away from butters to have any negative visual impact. Each section will be properly fenced and secured to limit vehicles or hikers to go near the solar arrays, including the
relocated solar panels. The applicant provided the following documentation in order to demonstrate plans in the are in place for the regular operation of the facility in addition to plans to address emerging situations. Noise assessment dated
January 31st, 2025. The assessment states of the town of Ammeris does not define a specific upper threshold for acceptable ambient noise levels in its bylaws. Noise levels must still comply with the mass D noise control regulation which is 310 CMR
7.10. Sound output must be below 70 dB. The applicant has applied a 5dba penalty in order to conservatively evaluate the potential for tonal noise from the facility resulting in the following conclusion. Sound output must be below
65 dBA at the nearest property lines and residences. The report further concludes that the audibility of the best when it is generating its greatest sound output is 52.5 dBA at the nearest residence and 64.5 dBA at the property which means the
applicant meets the requirements of mass DP's noise control regulation hazard mitigation analysis and sight specific evaluation dated August 28th. 2024. This document bears the stamped approval of professional engineers Steven and
Michael Vendidi. Highlights from the analysis include the thermal management system is independent of other systems and consists of a closed loop liquid cooling system that circulates cooling. The batteries and ambiance temperature of the containers
are monitored. If the temperature within the battery modules exceeds that is programmed into the BMS which is the battery management system will either temporarily or permanently disconnect the module. An external fire detection system is planned to be provided to
detect flames from each MP2 XL battery on site. Tesla battery on site. Flame detectors will be connected and monitored by a fire fire alarm control panel located with an environmentally
controlled enclosure. Fire alarm control panel will be connected to a communicator that will transmit all signals to a central monitoring station which will dispatch the Amherst fire department. Fire detection system does not communicate with Tesla equipment and would rely on trained staff to be
notified to control the battery remotely or on site. The most severe consequence of a lithium ion battery incident is accumulation of flammable gases which are eventually exposed to an ignition source causing an explosion. Tesla provides a proprietary system consisting
of 12 sparks and 26 over pressure vents. In the event that all previous protection systems fail and a battery enters thermal runway and or off gases flammable gases, the sparkers will ignite the gases before they can accumulate and the over pressure vents
will safely exhaust the productions of combustion at the top of the best fire prevention and response plan dated November 15, 2024, which includes the following severe weather event plan, fire prevention and response
environmental release. The applicants also provided fire protection engineering analysis dated January 23rd, 2023. The fire department has reviewed this analysis and has found it satisfactory. In addition to providing the above documentation, the applicant
must adhere to Eversourc's information and technical requirements for the interconnection of distributed energy resources dated October 7th, 2024. The applicant meets this requirement. provided plans show the gravel drive to be extended to the battery storage yard.
Additionally, an operations and maintenance plan dated January 31st, 2025 was provided with the application. 10.384 adequate and appropriate facilities would be provided for the proper operation of the proposed use. The
operation of the facility takes place remotely. Therefore, staff finds this requirement to not be applicable. 10.386. The proposal ensures that it is in conformance with the parking and sign regulations articles seven and eight respectively of this bylaw.
So the the project proposes one parking space off the gravel drive. I think in the site visit that we had and Mr. Slovder and Mr. Afield can comment on this but I think there was ample space there for additional parking if
necessary. Um, does anyone have a feeling about this provision, Mr. Offeld? Yeah, I agree. I don't think any any signage is needed. It's uh it's not a obviously it's not a traffic area
and there's plenty of space. Yeah. Mr. Slover, do you feel the same way having been on the site visit with us? Yes. Okay. Thank you. And I know Mr. White,
Mr. Meadows, do you have a feeling either way? Okay. um 10.3 um 87. The proposal provides convenience in safe vehicular and pedestrian movements within the site and in relation to
adjacent streets, property, or improvements. If the special permit grants an authority deems the proposal likely to have a significantly adverse impact in traffic patterns, it shall be permitted to require a traffic impact report and the proposal shall comply
with section 11.2437 2437 of this bylaw. Um the extended gravel road located in the northeast quadrant will provide the town with access through the project site into the town owned conservation parcel map to be parcel 8. The proposal ensures adequate space for
the off- street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment or use. I would say it does the operation of the facility takes place remotely. Therefore, staff finds this requirements to not be applicable.
So, if if I may ask to just add something here, I do believe um products material. I I I think it does because I think part of our discussion was sometimes there may be maintenance required which requires
taking down one of those big poles. Um, and so I think there's sufficient space there to accommodate that. I I agree with that. I I was also there and I felt that the explanation we received at the site visit was adequate.
So I I agree and support that position. So yeah, so I think 10.38 should be applicable. Yeah. Thank you, Mr. Silver. 10.389 The proposal provides adequate methods of disposal and or storage for sewage,
refugees, recyclables, and other waste resulting from the uses permitted or permissible on the site and methods of drainage for surface water. The proposed changes were presented to the conservation commission with no concerns raised and no additional conditions.
10.390. The proposal ensures protection from flood hazards as stated in section 3.228 considering such factors as elevation of buildings, drainage, adequacy of sewage disposal, erosion and sedimentation control, equipment location, refuge
disposal, storage of buoyant materials, extent of pavement, effects of fill, roadways or other encroachments on flood runoff and flow, storage of chemicals and other hazardous substances. This project is not found within a designated flood zone. Collected storm
water will be diverted to an infiltration trench on the downgraded side of the proposed equipment pad. The infiltration trench will act as a level spreader to eventually distribute storm water that is not infiltrated to overflow and continue through the
existing vegetation as sheet flow. 10.391 The proposal protects to the extent feasible unique or important natural, historic, or scenic features. The applicant has identified areas of invasive species to be mitigated on their invasive species management areas
plan dated August 9th, 2024. And in their invasive plan control plan memo dated September 12th, 2024, additional conditions for delineated wetlands have been vetted by the conservation commission. Previously delinated isolated wetlands currently
show no souls indicators and less than 50% biological indicators to be protected avoided during construction as shown on battery storage site plan 3 of8 dated December 23rd 2021 3.92
the proposal provides adequate landscaping including the screen of adjacent residential uses provision of street trees landscape islands in the parking lot and I'm sorry and a landscape buffer along the street frontage when a
non-residential use adjoins a residential district and uninterrupted ve vegetative 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 undisturbed 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, selective removals and other management
of site plantings as are determined to be necessary to maintaining an effective yearround visual screen. The proposed battery storage site plan 4 of8 dated June 14th, 2022 shows the following measures have or will be taken regarding
the landscaping. 6-inch thick crushed stone based on weed control fabric within fenced area disturbed areas to receive a minimum 6-in top soil in addition to being seated with New England Conservation Wildlife seed mix. Included in the application is a landscaping management contract between
Loadar Energy and Bill's Landscaping LLC dated May 28th, 2024. 10.393 The proposed provides The proposal provides protection of adjacent properties by minimizing the intrusion of lightning including parking lot
exterior lighting through use through use of cutoff luminaries. Light shields lowered heights of light poles, screening or similar solutions except for architectural and interior lit signs. All exterior site lighting shall be downcast and shall be um directed or
shielded to eliminate light trespass onto any sheet or abudden property and to eliminate direct or reflected glare perceptible to persons on any street or abudden property and sufficient to reduce a viewer's ability to see. All
site lighting, including architectural sign and parking lot sign, shall be kept extinguishable 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 and no lighting is proposed for
the site. Um to the proposal avoids 10.394. The proposal avoids to the extent feasible impact on steep slopes, flood planes, scenic views, great changes and wetlands. The project is not found within a designated flood zone. All developments will be located outside
of the wetlands. 10.395. The This finding is not applicable to this project. 10.396. The proposal provides screening for storage areas, loading docks, dumpsters,
rooftop equipment, utility buildings, similar features. This finding is not applicable to the development. 10.397 is 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. The proposal is in keeping with the general purpose and intent of the bylaw. It is also in keeping with the goals of objective S.6 and S.6B of the Amherst master plan.
S.6B 6B provide incentives for use of alternative sources of renewable energy. Example, wind, solar, local biomass, thermal fuel cells, etc. Identify programs that will facilitate use of alternative energy sources through
public and private partnerships. So, we've made those specific findings and now we discuss the possible conditions of approval. Um, I asked my questions on the conditions. Um I do not believe the board as a whole has any
conditions they want to propose and or add. And I think um everyone was okay with these five conditions. If anyone has anything they want to add or change um just let me know. Um but in proposed
conditions condition one any changes to the proposal regarding but not limit to size location equipment upgrades wetlands and environmental impacts and fire prevention must be presented to the ZBA at a public meeting to determine the changes are significant. the changes are
deemed significant, the applicants must submit an application for a special permit in order to move forward. So when I read it out loud, it's it sounds the way it sounds to me when I read it out loud. They have to
come before the ZBA at a public meeting to determine if changes are significant. And if we make a determination that the changes are significant, then the applicant has to go back and submit an application for a special permit to move forward.
Correct. Yeah. It seems it seems we're requiring them to do um things twice. So what if We just eliminate the middle to say any changes the proposal regarding but not
limit to size, location, equipment, upgrades, wetlands and environmental impacts and fire prevention requires a special permit that okay does that make sense everyone? Does everyone agree with that?
Mhm. Cuz it seems as if we we were required to have a meeting first and then tell them go apply for a special permit. Is that how everyone read that? I'm going to take the silences. Yes. Okay.
Um the conditions of the two previous special permits ZBA 2018-9 and ZBA 2020-01 are still active and in effect for the duration and life of both a battery energy storage system and a solar project. It is the responsibility
condition three. It is the responsibility of the applicants to complete any review required by all agencies with jurisdiction over the activity and to procure follow and meet all requirements of set agencies permits or approvals. Condition four applicants shall adhere to all conditions in the
order of conditions. Any changes or upgrades to the proposal that are in conflict with the order of conditions shall be presented to the Amoris Conservation Commission for approval prior to implementing. And condition five, applicants shall adhere to all requirements of the fire
department. Any changes or upgrades to the fire detection equipment shall be presented to the Amherst Fire Department for approval prior to implementing. Miss Williams, can you help me understand number four? I I get the I get the Are we talking
about the order of these conditions? No, the order of conditions is something that is specific to the conservation commission and it's a specific document that they are requiring of the applicant. So I can clarify that but
they have their own order of conditions. So maybe add application all condition order conditions by concom. Yeah. Okay, that is a little bit more clear and now I understand. Okay. And those are are only conditions.
Yeah. Okay. So I would entertain a motion um to adopt the findings that this application meets all the findings as required by the bylaws and
once we vote on the findings then we will take a vote on the conditions and once we take a vote on the conditions then we will take a vote on the approval of the special permit. Okay. So um is there such a motion to adopt the
findings? So moved. It has been moved by Mr. White. Is there a second? Second. And Mr. Off second. Um the the chair votes I on the findings.
Mr. Sloder I I excuse me. I Mr. Offeld I. Mr. White I and Mr. Meadows I the findings have been adopted. I will
entertain a motion on the conditions of approval. Is there such a motion? So moved. And is there a second? Second. Has been moved by Mr. Meadows and seconded by Mr. White. And the vote
occurs on the conditions. Mr. Slovder. I. Mr. Meadows. I Mr. White I Mr. Arfeld I and the chair votes I. The conditions as proposed have been adopted. I will now
enter in a motion to approve ZBA 2026-01 Pulpit Hill. I'm sorry, LSD Fordex LLC Pulpit Hill. Is there such a motion? So moved. Is there a second?
Second. It has been moved by Mr. Meadows and seconded by Mr. Offeld and the vote occurs on the approval of the petition. Mr. Sadder I. Mr. Meadows I. Mr. Offeld
I. Mr. White I. And the chair votes I. ZBA 2026-01 Pulpit Hill LLC for LLC pulpit hill has been duly
approved. Congratulations to um LSC for Thank you very much. Thank you so much. We appreciate it. You're very welcome. Thank you for your patience. Yeah. Next matter of business is general
public comments for any matters not before the ZBA tonight. Um, Miss Williams, do we have anyone here? She disappeared. Yeah. No. No, we don't have anyone.
I didn't think we did either. Um, okay. So, do I know we have um one applicant for the 28th for Station Road. Um what does our calendar look like or do we
even have a calendar yet? We do have a calendar. We always have a calendar. But is there anything on set calendar? Yeah. All right. So through here um but as you said 585 Station Road is
scheduled for the 28th of August and it's tentative but I just need to confirm it. Um 65 High Street is coming back on September 11th. Uh just to make everyone aware I will not be able to make the 28th meeting
because I will be driving back to Massachusetts. Okay. So we'll find Mr. White. So from the members that are here and with the exception of Mr. White, are we all available on the 28th? I'm available.
Mr. Off says yes, I am available. Mr. Meadows, I believe so. Okay. Um, so we just need to fill um Mr. White's slot. And
should we what what is 65 High Street? Well, you know, the one that came through earlier this summer, um they wanted to provide lots of color about their application regarding whether or not it was going to be nonowner
occupied, but now they're coming back under section 3.3241 for being burdened dwelling instead. Wait, well, I'm sorry. I missed the last thing you said. They're coming back for what? Under there. So, they're coming back
under a different section of the bylaw. Instead of trying to come back as a non-owner occupied duplex, they're now reapplying as a converted with the intention of adding a bedroom to one of the volume.
Okay, that sounds fun. Um, so does that mean he's coming back as owner occupied in doing this? Well, the non-owner occupancy is
basically off the table like once you have a property manager and a resident in place that's under that section of the bylaw. But we can you'll see the P and all the relevant documents for that
um as I prepare them in the coming weeks. Okay. Okay. And for that hearing, is it this panel or or it be a new panel? It it's it's up to you and it depends on
the availability of the full members. Right. Okay. That is true because I mean if they're coming back under a different um petition so to speak, it'll be the panel doesn't really matter. Can be a new panel or existing panel. Yeah. Okay.
All right. So, I guess we'll talk about availability on August 28th. Well, Mr. White won't be here. So I am available for uh that meeting for high street.
Okay. Clear that up now. Yes. I mean now would be a good time to I was I was going to say does everyone have their calendars that far ahead available to see? I I I believe I am available on 911.
I I am available. David Slovder is available. I am also available on the 11th of September. Okay. I am also All right. So, we have a full panel. And and Miss Williams, I don't know if
you're doing this deliberately, but you keep disappearing. Yeah. Do I? Yes, you do. It's what happens when you're in France like Batman just I mean, you know, I am glitching the
Matrix a little bit. I do that happens from time to time. That makes sense. If there's a glitch in the matrix, I understand. Yeah. Yeah. Okay. So, we do have um
a panel for our next two. Um well, 828 with find a replacement and 911. We're all back together. Okay. Um I know we approved and that's as far as we go. Miss Williams for the calendar so far.
That's as far as you go for the calendar so far. Yes. Okay. Thank you. So, I know we approved the ZBA. Do we need a vote to close the public meeting? Yes. And I technically um you close the hearing for one.
I thought the vote closed it. The approval closed it. I would I would generally say it when you're doing the approval to also close the hearing as well. Okay. Okay, I will do that for the next time. Yeah. Okay. Because right now I just want to vote to end this meeting.
Right. Right. Right. Of course you're aiming for a record here. Yeah. You could include it in this motion to adear that the hearing has been closed. Okay, that makes sense. So, I will entertain a motion to close the public
meeting for ZBA FY2026-01 and to end the ZBA meeting for Thursday, August 14th, 2025. Um, is there such motion? So moved. I second.
It has been moved and second. Um, Mr. Meadows, I. Mr. I in spite of you missing your prediction. Those were long. Mr. White I and Wordy. Mr. Offeld
I. And the chair votes I. Thank you all for being here and we are adjourned. Have a good night. Okay. Good night everybody.