And we're live. >> The chair notes the time is 6:05 p.m. and I call this meeting of the Amherst Zoning Board of Appeals for March 26, 2026 to order. My name is Everald Henry, chair of the Amherst Zoning Board of Appeals. I want to welcome everyone to
this meeting. We'll begin with a roll call for ZBA members. Mr. Ser >> present. >> Mr. Arfeld >> here. >> Mr. White >> present. >> Mr. Meadows
>> here. >> The chair not a cororum is present. Also present tonight is Mr. Justinta Williams, a planner with the town. Pursuant to chapter 2 of the acts of 2025 extended through June 30th of 2027,
the ability of public bodies to meet in a fully remote or hybrid manner. This meeting will be conducted via remote means. Members of the public who wish to access this meeting may do so via Zoom or telephone. No in-person attendance of the members
of the public will be permitted, but every 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 for the purpose of promoting the health, safety, convenience, and the general welfare of the inhabitants of the town of Amherst. One of the most important elements of Ammer zoning bylaw is section 10.38. Specific findings from this section must
be made for all of our decisions. Statutoily for a special permit, the board has 90 days from the close of the hearing to file a decision. No decision is final until the written decision is signed by the city board members and is filed in the town clerk's office. Once
the decision is filed with the 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 registry of deeds to take effect.
For tonight's agenda, we have a public meeting ZBA FY2026-11 LC Forex Pulp Hill. request a special permit under sections, I'm sorry, request an audience with the ZBA to present their updated operations
and maintenance plan to reflect the change of ownership of the best that was recently granted a special permit in August of 2025. Said property is located on map pars 2-18 2B-3 2B-4
RO outline residents zoning districts. This meeting has been continued from February 12th, 2026. We'll also have two public hearings. ZBA FY2026-12
191 West Palmory Lane who requests a special permit to modify the previously approved special permit ZBA FY 2019-09 for the proposed modification to condition 20 to extend construction period from 18 to 24 months. Applicant
is also presenting a reduction in battery capacity and increase in DC capacity. Presentation of new operations and maintenance plan for the battery and submission of electrical record drawings confirming pad locations under general laws chapter 40 section 9 and section
10.33 of the zoning bylaw. The said property is located on map parcel 19D/10 FPC RN and RO floodprone conservancy neighborhood residents and outline residents zoning districts. We'll also
have a public hearing on ZBA FY2026-12 113 Cows Road who requests a special permit for change of use under sections 3.53 arcade or indoor commercial amusement to open an arcade with bar in the space
formally occupied by Atkins Farms Country Market North. Said property is located on map parcel 5A139 commercial zoning districts. We'll also have general discussions, a general public comment period, any other
business not anticipated within the last 48 hours. So the first order of business tonight is the public meeting on ZBA FY2026-11 LC forex pulpit hill. The panel for this
hearing is the sitting panel that's here myself um Mr. Meadows, Mr. Arfeld, Mr. White, and Mrs. Slovener. Before we begin with the public meeting, does anyone on the panel have anything to declare or disclose?
I see no affirmative responses. If there are no disclosures, I will open the public meeting by reviewing any new document submissions and per the project
application report. And from March 25th, 2026, I'm sorry, I want to go back to January. I do not believe in our last um public meeting we put this on the record. So I will do so now.
Um January 29th, 2026 submission. We'll have the pulpit hill best cover letter dated 129, 2026. The management plan and acknowledgement of assumption LSC Fornax LLC to LC Forax 2 LLC.
The approval license and assignment agreement from LC Forax LLC to LLC Forax L to LLC March 25th, 2026 submission. We have the pulpit solar and best decommissioning
plan. Um, Miss Williams, did I miss anything or do we need to address the staff submissions as well? only if you would like to address the staff submissions, but we did read everything into the record for the applicant submission.
>> Thank you. So, I do not necessarily think we need to read um the staff submissions. So, if you can um I know that we had a site visit last week and myself, Mrs. Sloven and Miss
Williams um went to the site visit. One of the reasons for the site visit was when we were here um when the applicant was asking for the transfer because it was a bit of a a non-standard
request. We reached out to town council for guidance and the guidance was that we can make a determination in transferring the special permits if we decide as a
body that substantial construction has been completed. And the way we make that determination if substantial construction has been completed is to do a site visit. And so that was the purpose of a site visit that transpired.
This is a battery that is meant to be part of a larger solar project. That solar project has been in effect for quite some time. We actually had the opportunity to go to the solar farm this time where it is now 16 acres. Um it is
operational. It has been operational for quite some time and based on our observations given that this battery is a just another component of the solar farm I would make the argument that substantial construction has been
completed and I will have Mr. Slover chime in if he has anything to add. Um, no. I I don't really It was very obvious that or it was seemed apparent to both
of us that the construction had been completed on by far the largest component of of this project. Uh it we reviewed while we were there where the battery storage would go and
the size of it. It is insignificant in size when compared to the solar array that has been completed. And we both felt at the at the time of the visit that um given that our
that the question and our task that day was simply to determine if a significant part of the project had been completed. We were both quite satisfied that it was that it had been. So I I agree. We
reviewed everything and it was very clear. >> And one of the other things too that um as an update to what was done is in our initial visit where the battery was meant to go. that site while it was
cleared to an extent um it had trees and shrubs where the batteries were meant to go. When we got there this time everything was cut and prepared to seem as if you know the the site was being prepared for the battery to be
installed. And in speaking with the applicant again, that was the representation. They were simply waiting for um I believe the utility company to sign off on one final piece of paper before they can actually do
construction. So just wanted to present that update um for everyone. And with that, Miss Williams, um, can you promote the representative for LS4, please?
>> Certainly. One moment. >> Hello everyone. >> Good evening, Miss Voluone. Um, as usual, please state your name for the record and your address, please and welcome. >> Yes, my name is Sam Voluone. I'm with the applicant LLC, Fornax LLC. Um, and
my address is 18 North Main Street, West Hartford, Connecticut. >> Thank you. And I do know that this is a public meeting that was continued from our last appearance. And typically we don't do um have applicants in the
public meeting but given the nature of why we continued um I do want to afford you the opportunity to add anything if you wish. >> Um not too much to add. I just say thank you for doing the site visit with us. Um the only um new materials I had
submitted was the decommissioning plan for both the battery and the solar. Um and again all the decommissioning with the battery we are requesting that that would be transferred to LLC for X2 LLC purely for financing purposes not
because of any change in the site plan. So, I I don't have anything to add, but if you have any questions and she froze, but um while we get her back. Do any actually don't think we should do
this without her. There you are. So, you froze for a while. >> Oh, no. >> Yes. >> Okay. Um, all right. Let me just repeat myself. Um, so the Thank you for doing the site visit. The only new submission I had was the decommissioning plan for
both the solar and the battery. Um, but there's really nothing to add other than just want to reiterate that um, this is purely for financing purposes and assigning the battery portion of the site to LSE4X2 LLC, not because of any
major changes in the site plan. Um, and um, Mr. Henry, you were right about um, the only thing we're waiting for uh, final construction of the battery or to wrap up construction is Eversource and to sign off on some paperwork. Um, so nothing else to add, but I'm happy to
answer questions if you have any. >> I personally do not have any questions, but I will have members of the board if you do have any questions, you can present to Miss Von at this time. I do not see any questions. Um, so thank
you again, um, Mr. Fone. So given that we are in a public meeting um I I can just say something briefly that having reviewed the application materials and I think if not all most of
us sat in the um initial meeting that we gave the special permit. I don't I think we're all very familiar with this. So having carefully reviewed the application materials relying on council's interpretation of the bylaws um the supporting documentation and
again malone's testimony this evening. I do find that um the applicants have satisfied the requirements for the transfer special permit and I do believe that the proposed um transfer will not result in any substantial change to the
previously approved use that the conditions and safeguards attached to the previously approved special permit will remain in effect and that the operation will continue to be consistent with the intent and the purpose of the zoning ordinance.
Um I would also add that um the applicants have demonstrated the capacity and the intent to comply with all the existing conditions of approval and that the transfer will not be detrimental in any way to public health,
safety or general welfare, nor will it negatively affect the surrounding neighborhood. Again, nothing is changing from the original footprint that we signed off on previously or approved rather. And based on those findings, um, I would entertain
any comments from the mo the board. If there are no comments from any members of the board, I will entertain a motion that we approve this transfer. But before we get to that, does any members of the panel wish to add any comments? I
think I saw Mr. Sloer's hand. You only saw it because I was going to volunteer for the honor of making the motion that you suggested. I'm I'm having been on the site a couple times, >> they even made progress, as you
mentioned, Mr. Chair, in clearing the site for the battery installation. So, and since I believe, unless I don't remember this correctly, we have already approved the transfer pending this. So
all of the conditions of the transfer have already been done and I'm under the impression we are only um we are only being asked to approve or disapprove the
um uh confirmation that of of the term that the town council told us about. So whenever you're ready I we can finish this one. I think I'm happy to make a uh the motion.
>> I I agree. >> Or Philip can do it if he's he's smiling a lot, so I don't really care. >> Second, Dave, you're fine. >> Yeah. Correct. So, I will I will officially entertain a motion to approve
um the special permit transfer for ZBA FY2026-11 LSC Forax Pulpit Hill um to their new entity LSC Fornax 2. Is that correct, Mr. Fone?
Yes. Um I do believe I have such a motion for Mr. Sloven. Is there a second? >> Second. It has been moved and seconded. Um, is there any discussion? With no discussion, the vote occurs on
the motion. Um, Mr. White, >> I. >> Mr. Offeld, >> Mr. Meadows, >> I. >> Mr. Sloder, >> I. >> And the chair votes I. with a unanimous
vote the special permit for ZBA FY2026-11 LSC Forax Pulpit Hill to be transferred to um LC Forax 2 um has been approved.
I will now entertain a motion to close this public meeting and end the discussion on LC Forex ZBA FY2026-11. Is there such a motion to close the public meeting?
>> So moved. So moved. >> Um is there a second? It has been move. It has been moved and second. The vote occurs on the motion. Um Mr. Slovder >> I. >> Mr. Meadows
>> I. >> Mr. White >> I. >> Mr. Arfeld. >> Hi. >> And the chair votes I. Um Miss Voluone. Thank you very much for being here and congratulations on your approval and the
public meeting for ZBA FY2026-11 LSC Forax Pulpit Hill is officially closed. >> Thank you all and thank you for bearing with me through this long process. I appreciate it. >> Thank you for your patience. >> Of course. Bye. Our next petition before
the board tonight is ZBA FY2026-121 191 West Palmer Lane that request a special permit to modify the previously approved special permit ZBA FY 2019-09 for the proposed modification to condition 20 to extend construction from
18 to 24 months. The applicant is also presenting reduction in battery capacity and increase in DC capacity. Presentation of new operations and maintenance plan for the battery and submission of electrical
record drawings confirming locations under general laws chapter 40 section 9 and 10.33 of Arizonan bylaw. I was not able to make the site visit but I do believe Mr. Slovador and Mr.
Aeld went to the site visit and I can defer to you both to um present to the board your site visit. >> Well, Mr. Afeld is more qualified to report on this one than I am since don't
be smirking Miss Williams. I got lost. >> We had a little challenge getting to the actual site. Uh but we did uh but uh Ms. Williams and myself did uh make it there and get a chance to speak with the um
applicant. Um just observe and I know Miss M. Williams has already written this into this some of this into the site report site visit report I'm looking at in the P. Um basically the existing uh
uh the panels have all been installed. Um the uh fence much of the fencing is up. Uh the pad where the batteries system will be installed is inst is in place. The
inverters in place and all the other components are in place except for the batteries. And so uh the batteries the remaining work to be done uh we observed or we learned from the applicant is the installation of the batteries
and they will be delivered down an access road which we saw a gravel access road and a crane will be uh brought along to um to lift them into place. They're quite heavy. Um so we understand the the application is
about extending the uh the uh time for construction and uh we observe that as I said most of the construction is already completed. >> Thank you Mr. Arfeld. >> There are some submissions that I would
like to enter into the record. the applicant submissions date starting with February 12th. Um the Ammerst ZBA amendment request cover letter dated February 2nd, 2026. The best O andM updated operations and
maintenance plan dated January 2026. The Fort River solar electrical record drawings um sealed complete plan set dated February 13, 2026. the SMA2660US. Equipment spec sheets and the Voyager
Plus data sheet equipment spec sheet and 191 West Palmer Lane ZBA application stamped submitted February 12th. Miss Williams, when you are ready, you can invite promotes the applicant in.
>> Mr. Cook will be joining us shortly. >> Thank you. So, while we'll wait for Mr. Cook, just by way of background, the ZBA first granted 191 West Palmer Lane a special permit in 2019 for the construction of a solar energy system
with panels and racking equipment. The arrays were divided as a means of maintaining buffers to wetland and resource areas of the site. And in 2014, another permit was granted to allow the construction of structures, bridges, and boardwalks in the flood plane conservancy.
So there have been um a few special permits on here. And again, this is an extension for modification to ZBA FY20909 requesting to modify condition 20 to
extend the construction period for six additional months. >> And you said Mr. Cook represents. >> Yes, he's here. >> For River. Okay. Mr. Cook, welcome um to this public hearing. Please introduce
yourself and state your um address for the record as well. >> Yes. So, my name is Lawrence Cook. Uh I work for Pure Sky Energy, the owner. Um the owner is the entity Fort River Solar 2 LLC. Uh the address of Pure Sky is 51817th Street, uh Sweet 950,
uh Denver, Colorado 80202. Um uh yeah, you you pretty much covered it. Um the the special permit was uh has a condition that was uh uh the 18 months with the COVID tolling and everything was due to expire at the end of
February. Um that was obviously right in the middle of winter. The most of the work beyond the battery is the kind of civil cleanup. We had some loan piles that had been stored uh following some grading work um that were frozen um up until relatively recently. Those are
being spread around now. Uh we've obviously got the the fence to finish off and the batteries to go in. Uh we have encountered a number of delays uh on the project. Um the uh batteries themselves required a uh permit from the fire department which uh took most of
last year as um sorry yeah is about a 9month period once uh they appointed a peer reviewer and then the back and forth. Uh we had the issue with the the battery manufacturer um um uh filing for insolveny in in the uh middle of last
year that we had to uh overcome and uh some other things that came out of the conservation commission permits that we needed uh a secondary access road uh that came in through the mil mill valley estates to the north of the site. um
required a uh a license with the uh housing association which has only recently been granted um to allow us to be able to to complete the road um so that we can get the batteries installed. Um we're not anticipating uh that they'll be we'll need uh it makes sense
to do that just so that we can uh have the full establishment come in once uh the civil work is completed. Are there any w with this extension um is there anything significant is there anything significant or out of the norm
and that may be a broad phrase to say is there other than other than time for construction is there anything that's going to be changed in the way you're doing your construction? >> No. So, so there isn't um you literally
just need more time. >> We just need a little bit more time. Yes, we uh the batteries themselves are a fairly quick install as uh uh they they're individual segments. So, they come in um on a truck, get landed, wired together, and then commissioned. That process takes about four to six weeks uh
for for both sites. Um when I say both sites, there's an east array and a west array. So, we've got two pads. Um so uh yeah they that that'll take uh probably till midmay. Um uh the civil uh work will be done uh at the same time. Uh
they're they're on site at the moment. We're getting that seeded um so that we can get some nice spring germination. Um and then once the batteries are installed we can uh finish off the fence because the uh we can't stage the crane with where the fence line is. Um and uh
then we'll we'll all be done. Is there anything changing with the battery? >> Uh the battery has reduced in size. There were two pads with uh with proposed uh eight um battery segments on
each pad. Uh the east array has got uh six uh um battery stacks now rather than eight. Uh the west array is still with the original eight. Okay, thank you. >> And then the other modification is on
the solar panels. Uh the solar panels uh when delivered were actually 5 watts a panel larger. Uh so a greater capacity. Um same number of panels, same size of panels is just uh the way that solar panel manufacturing goes is they they
eek a little bit more capacity out of each one. not seeing my screen so bear with me. Are there any members of the panel who have questions for Mr. Cook, Mr. Offeld?
>> Excuse me. I think this may be for Mr. Cook or perhaps for uh Miss Williams in the package uh for this uh project that were that was on the website or the town website there were two files
related to plans I think they're identical one they're both 36 pages and one is called the Fort Solar electrical record drawings which is what we list as a submission and there's another one
called Fort River solar plans. I believe they're identical and I just I think the question for Mr. Cook is there was just you you have submitted just one set of plans not a draft and then a second one or something like that. Is that correct? >> Correct.
>> That's correct. Yeah. there. Uh if there are two then it'll be a duplicate but the you're right it's the 36 per st that's labeled as the asbuilt drawings uh okay which is the uh the record set
>> and also just to clarify about that that we there there was a set of plans approved with the uh FY19 uh special permit and we're effectively approving a new set of plans which are am I correct to
say substantially the same except the you you described the increase in DC capacity and the decrease decrease in the number of batteries. Is that right there? >> That that is correct. There is some additional grading uh that was uh that was done um that we had a conservation
commission approval for but the uh the layout is the same capacity uh is substantially the same apart from the modification I said with the uh slight increase on each each panel um but yeah lay layout and the pad locations everything else is the same.
>> Okay, great. Thank you. There are any other members of the panel who wishes to present any question to the applicant? I do not see any hands in the affirmative. So, Mr. Cook, thank you for your
presentation. Um at this time um I will take comments from the public. Please remember that there is a maximum speaking time of 3 minutes per person. If there are any members from the public who wishes to comment on this application, please raise your hand and you'll be provided the opportunity to
speak. MS, do we have anyone in the audience who wishes to comment >> at this time, Mr. Chair? No hands have been raised. Not seeing any public commenters. Unless there's any further questions or any
comments from the applicant, I would entertain a motion to move to the public meeting while keeping the public hearing open so that we can discuss um findings and any conditions were applicable as well as discussions on this position
of the board towards its application. Do I have such a motion? >> So moved. >> It has been moved. Is there a second? Second. >> It has been moved and second. Is there any discussion? >> With no discussion, the vote occurs on
the motion to move into a public meeting while keeping the public hearing open. Mr. Ser >> I, >> Mr. Meadows, >> I, >> Mr. White, >> I, >> and Mr. Offeld.
>> And the chair votes I. The vote is unanimous at 5-0. We will now move into the public meeting while keeping the public hearing open. This is and if if I may start, this also seems somewhat um similar to what we
just did where this is quite frankly not a granting of a special permit per se, but rather um an extension of time to complete a project pursuance to a
special permit. So, having reviewed the application and the supporting materials as well as hearing from um Mr. Cook tonight, um I do believe that um the request is not only um warranted, but
it's also reasonable for an extension to complete the construction and under this previously granted special permit. Um, I do believe that there are sufficient safeguards with the conditions that was previously allowed um or rather noted in
the special permit um to further this construction. So I I understand that with the battery as to what Mr. Cook saying, but I'm not 100% sure that it rises to a material
change in the scope of the nature of the proof project that warrants much deviation or um rather significant conditions. So my personal belief is that again the request is reasonable, the request is appropriate and I would
be inclined to support it and I'll have other members of the board weigh in. Mr. So >> um well I was there on Tuesday even though I didn't get quite as close as Mr. Afeld and Ms. Williams. Miss Williams made me walk through more mud
than either of them did. I'm not taking it personally. It just worked out that way. But I got very close to the array. Everything everything that I saw was consistent with the the approval that was the
application that was approved. Everything I heard tonight, it's nice to hear about the batteries, but that we're not being asked about that. And even the change in batteries and output of the solar panels is consistent with the
application that's been approved. So, um, I if we're we're being asked only for an extension and I have no problem with supporting this and I will support it. Thank you, Mr. Chair. >> Thank you, Mr. Ser. The chair recognizes Mr. Offeld.
>> I'm very much inclined to support this. Um we do just a a clarification we've got in the in the package a um management plan for the batteries which I I guess is an addition to the existing
management plan for the rest of the site. So under the FY19 approved special permit um I would consider this to be condition 9 was approved man uh any modification
to the management plan comes to the board at a public meeting. So I I think we're modifying the management plan in that we're accepting a new component of the management plan as part of what we're doing here.
But that's all in order because that's what is in the prior conditions from the FY19 uh application. So are you saying Mr. are felt that in
our um essentially findings and conditions we should acknowledge the management plan has been modified. >> I guess it would be a good idea to do that some somewhere in the process to note that the the uh management plan has
been expanded or updated or however however you want to describe that. >> Yeah, that's that's it there. number nine. >> I think that makes sense. If we're if we're attaching the management plan, then yes, I think that makes sense. >> But I'm definitely inclined to support
this. >> Thank you, Mr. Offeld. The chair recognizes Mr. White. >> Uh, thank you, Mr. Chair. Uh, I'm going to say what I've said lots of times. I'm going to echo what pretty much everyone else who's spoken has said. I think it's
pretty straightforward. I do like the point that Mr. make or made, excuse me. Um, so I'm just inclined to support. Thank you. >> Thank you, Mr. White. Mr. Meadows, >> I wasn't at the site visit because um I
didn't want to get my my boots muddy. So, and I happen to be in New York City in the hospital in the but other than those things, I I'm inclined to vote for this. Thank you. Well, >> thank you, Miss Meadows. Um
if there are no further comments from the panel um next we have to make findings and pursuant to 10.38 um we do have to make specific findings and so again as always with the
permission of the board um I will skip the findings that are not applicable and we can vote on them and block as to not be applicable and going by um the project application report that is
on screen. Um so just bear with me one moment. Okay. Um again just for the record this is an
extension of requests to extend the construction period um by 6 months um for this applicant. So specific findings under section 10.38 and so the ones that are not applicable
I will do them in block um 10.380 381 82 83 85 87 84 86
89 9 9 0 91 92 93 94 95
97. So with the help of staff I propose we make a find we make a finding that all those provisions are not applicable and for the ones that are applicable
10.387 staff does not believe that the proposal provides convenient and safe vehicular and pedestrian movements within the site and in relation to adjacent streets, property or improvements. If the special granting permit 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 should comply with section 11.2437 of this bylaw. SAF does not believe this request will adversely impact local
traffic patterns. 10.388 The proposal ensures adequate space for off- street loading and unloading of vehicles, goods, products, materials and equipment incidental to the normal operation of the establishment or use.
Staff does not believe the request requires off- street loading and unloading of vehicles, goods, etc. and 10 396. The proposal provides screening for
storage areas, loading docks, dumpsters, rooftop equipment, utility buildings, and similar features. The updated plans demonstrate the appropriate screening where needed and documented C forge river solar electrical record
drawings_2026.01.25 sealed 10 398. The proposal is in harmony with the general purpose and intent of this bylaw and the goals of the master plan. staff finds that the proposal is in keeping
with the general purpose and intent of the bylaw. Miss Williams, just to keep me honest, did I miss any of the applicable um findings? >> No, Mr. Chair, you you got them all. >> Thank you.
Are there any discussions on the findings either in opposition or in support of the findings? And I'm not seeing all of our members. Um, so
Mr. Offel would just urge uh support for all of the findings. I I concur with the staff findings on the on the not on the on the applicable ones that you mentioned. >> Thank you, Mr. Offel.
So see, are there any discussions on any of the findings? Seeing that there are no further discussion regarding the findings, I would entertain a motion that we approve the findings um and block that are applicable as well as the ones that are
not applicable. Um is there such a motion? >> So moved. >> It has been moved. Is there a second? >> Second. >> All right. >> Third. >> Any discussion?
With no discussion, the vote occurs on the motion. Mr. Meadows >> I. >> Mr. Offeld >> I. >> Mr. Slovener >> I. >> Mr. White >> I.
>> And the chair votes I. With a unanimous vote, the findings um are approved. We will now look at any proposed conditions of approval. And again being mindful that there are
existing conditions. This is just an extension. Um but factor in Mr. Ael's um observation and accurate observation as to the management plan and in concert with
um town staff review. We do have um limited conditions. Has everyone had a chance to review the conditions? Yes. >> And are there any objections um to these conditions or are there any proposed
conditions by to be added by members? >> If there are any hands, feel free to say verbally because I'm only seeing Miss um >> Williams's project application. Okay, I do not see any hands. So, M Williams, we can go through the
conditions. Condition one, the project shall be built and maintained according to the approved plans and application package. Any changes shall be reviewed by the building commissioner to determine if submission to the ZBA is necessary. said
changes may be reviewed and or approved by the zoning board of appeals at a public meeting or if the changes are significant enough said changes shall require a formal modification of the permit and or condition.
So, the approved plans has a list of documents. Um, I will say, um, Fort River Solar 2 LLC operations and management plan dated January 2026. Um, Fort River Solar Fort Solar
Electrical Record Drawings 2022.01.25 sealed site plan set prepared by Tetrate Tech, Inc., Dynamic Energy Solutions LLC. Seal stamped by Alexander Reer PE dated 213 2025
and there is a list of submissions um from I believe there are 30 that is um 36 that I will not read into the record given the length of them but they will
be attached to the conditions and for condition two the most recent Order of conditions for the solar and battery installations shall be in full effect. Any updated permits filled in regards to either the solar or battery
installations with the conservation commission shall take priority after the fact. Condition three, all exterior site improvements including the driveway, parking area, stripping, curbing, lighting, dumpster enclosure, storm water drainage systems, landscaping and
plantings shall be constructed or installed substantially in accordance with the approved stamped as built site plans and associate details prior to the issuance of any certificate of occupancy. and shall thereafter be maintained in good working order in
accordance with the operations and maintenance plan and article 7 of the zoning bylaw. Number four, the granting of this special permit shall extend the substantial completion date for
construction as permitted under ZBA FY209-09 and ZBA FY2023-03 special permits for an additional 6 month 6 months from the is the 21st day meant to be when this
request or what's the 21st day off the decision? >> The 21st day is the day following the 20-day appeal period. >> Thank you. >> Yes. >> For an additional 6 months from the 21st day following the recording of the
decision within the turn town clerk. Prior to the expiration of the 6 months, if the applicant has not completed construction, the applicant must present a new request for an extension at a public meeting. And
the approved Can you I'm sorry, I'm not sure if you can make your screen a little bit bigger so I can read number five. Thank you. The approved management plan for Fort River Solar 2 LLC operations and management plan shall be followed at
all times. Any modification shall come before the zoning board of appeals at a public meeting for review and approval. And as always, all conditions under the previously approved ZBA FY209-09
special permit shall be followed at all times. Are there any feedback from anyone on the proposed conditions? I think my computer locked on me. Bear with me. Okay. If there are no comments on the
conditions, I will entertain a motion um to approve the conditions as read into the record. Is there such a motion? >> So moved. >> It has been moved. Is there a second? >> Second. >> Second.
>> It has been moved and second. Is there any discussion on the motion? With no discussion, the vote occurs. Um, Mr. Meadows. >> I. >> Mr. Offeld. Hi. >> Mr. Slovener.
>> I. >> Mr. White >> I >> and the chair votes I. The conditions have been approved. Um 5-0. I will now entertain a motion to approve
the extension with the findings that we've made as well as the conditions. This motion is to approve the special permits as requested. Um I am sorry but bear with me. For some reason I am not getting back into my computer.
Okay. Um, so I would entertain a motion to approve the special permit to extend for the six-month extension um for this petition. Is there such a motion? >> So moved.
>> So moved. >> It has been It has been moved and second. Is there any discussion? >> With no discussion, the vote occurs. Miss Offeld >> I. >> Mr. White. >> I.
>> Mr. Meadows. >> I. >> And Mr. Sloder. >> I. >> And the chair votes I. The eyes have it with 50. The special permit has been approved for this
petition. Congratulations, Mr. Cook, and good luck with your construction. >> Thank you for your time. >> Thank you. I will now entertain a motion to close the public hearing and the public
meeting for um this petition. Is there such a motion? >> So moved. Is there a second? >> It has been moved and second. The vote occurs on the motion. Mr. Meadows
>> I. >> Mr. Offeld >> I. >> Mr. Slovener >> I. >> Mr. White. >> I. >> And the chair votes I. The public hearing and the public meeting um has
been closed. If I may just have a twominut break here to see what is happening with my computer. Okay, I think I have lost my computer. So, I am going to go to my iPad, which means I won't be able to see anyone. I'm sorry. Yeah.
Yeah. Bear with me one moment, please. Okay, thank you for your patience. Our next order of business tonight is ZBA FY2026-12 113 K's Road that requests a special permit for change of use under sections
3.353 arcade or indoor commercial amusement to open an arcade with bar in space formally occupied by Akin Farms Atkins Farms Country Market North. said property is located on map parcel 5A-139
commercial zoning districts and I do understand that there was a site visit that Mr. Afield and Mr. Silver took part in and if you can both um fill us in on your site visit please. Okay, I'll be happy to go first. And and
uh we visited the property and we got a tour with the applicant uh a representative of the construction company represented the architect and there was someone else there. I think may have been a designer of some
sort, the lady the I think that's who it was. So we we toured the facility. Uh there it is an existing building. There is a patio in the front that they
propose using for outdoor dining with food and beverages that are purchased inside. and that there will be access to this patio only from the interior of the
uh the new business, the entertainment place and bar. There's a loading dock with dumpsters in the back which they are proposing to enclose. Uh we uh we confirmed that they have the
required number of parking spaces provided. Uh 27 out front, two in the back designated for employee parking. Everything inside was very reasonable to me. They have they're it's going to be
an inside operation which I believe is not what we are being necessarily asked to approve. What they're doing seems reasonable and uh I saw nothing at all alarming or inappropriate or
inconsistent with what we saw on the site visit. It's an existing It's an existing property. Oh, no exterior modifications also. That was important. So, they're
not planning for that. That's everything. >> Thank you, Rosel. Did I miss something? >> There. There is a change in signage. It was the only exterior. I guess I guess it's an exterior thing, but the lighting
is unchanged. And um uh you may know this property as the uh formerly uh there was an Atkins market in this at this site and it's unchanged from that use. No no no sub no
significant changes from that use. Um otherwise I think Mr. Sloer captured it well. >> Thank you both. I I am even though I have I did not have the chance to go on the site visit, I am familiar with the property having been to um that Atkins
market many times. Okay. So for the record, um the submissions dated March 24th, 2026, we have um 2026-3-24_tilted
orbit opt updated site plans for parking. The index of drawings cover sheet dated March 26, 2026. Um AC-00001 site plan dated March 26, 2026.
Um EX-100 existing room floor plans. EX200 existing exterior elevations. A100 proposed first floor plan. A101 layout and occupancy plan. A200 exterior
elevations. Submissions from February 13th, 2026. We have the Tilted Orbit Arcade_ZBA application final packet. Um under application final 2.13.2026
application packet we have index of drawings. Z10001 which is a site plan. Z12 proposed first floor plan. Z13 layout and occupancy plan. Z 200
existing exterior elevations Z20 exterior elevations and submissions from August 8th 2025 we have 150218_kins_archch and structural site plan set from Atkins
farm application dated January 30th 2015 201019 provisions permit set site plan set from provisions wine application dated October 19th, 2020.
By way of background, the zoning board of appeals has not previously entertained or granted any request for special permits for 113 cow's road. The property does not the property does have a history of appearance before the planning board. This history is detailed
in the section called permit history for 113 cow's road. Should the board choose to grant the special permit, the use classification would change from apartment 8 plus commercial to arcade or indoor commercial amusement. So that's something for us to be mindful of with
granting off the special permit. Um we are changing the use classification. In terms of modification and waivers, the applicant is requesting a waiver from submitted exterior architecture drawings. The applicant received permission from both the assistant
building commissioner and the building commissioner to reuse the exterior architectural drawings that were submitted for the Atkins Farms Country Market North application from 2015. They are also requesting a waiver from submitting a traffic impact statement.
The applicants believes the change in use will not result in a significant change to traffic based on the study completed for the Atkins market project in 2015. the Tilted Orbit Arcade project request to rely on that study.
Miss Williams, who represents the applicants tonight. I believe the applicant and two representatives are here. Let me just promote them to panelists. Miss Amy Mcdana is the applicant
and I believe Mr. Dan Bonum and Miss Noel Cruz will also be joining. >> Thank you. >> Hi, >> welcome. Um, please just state your name and
address for the record, please. Amy Mcdana, 15 Cloverdale Street, Florence, Massachusetts 01062. >> And Miss Mcdana, are you presenting tonight on behalf of this application? >> I'm going to say uh just an introduction
and then I'm going to hand it over to uh Dan to walk through the project. >> Yes, please. And Mr. Bonham, when you are speaking, before you do so, just please introduce yourself and your address for the record. So, Miss McDonald, go ahead.
>> Thank you. Yeah, I just wanted to say a little bit about the the who and the what and the why in terms of um this project. Um I um I've lived in the valley for about 20 years and uh I'm a a
former former renewable energy developer, which was very interesting listening to this meeting. It was just like old times. Um, but um I uh I'm also a lover of pinball and I'm a founder of the Northampton Bells and Chimes, which
is a women's focused pinball club. Um, and I've held tournaments for the last several years focused on pinball and very involved in this like local pinball community here. Um, in my career, I've wor I've lived here for 20 years and I've worked at the same job, the same
company for 15 years up until when I retired a year ago. And I always worked in other regions. I worked out of my home, but I managed New York. And I was really envious of my friends who lived and worked here in the valley. And when
we would go out together, they would be bartering with their friends for the services that they provided. And I just was very admiring of the roles that they had. And I always wanted to do that myself, but I did not know what my role
could be. I'm a geologist by schooling, renewable energy. I didn't know how it fit, but eventually my love of pinball and my growing pinball collection made me start thinking about what I could do with my pinball games. And it dawned on me that
doing an arcade is how I could, you know, make my mark on this community and how I could share something that I love, that I'm really passionate about, that I want to introduce to absolutely everyone that I meet. Um, and so that kind of
brings me to to the vision um of the arcade at the the the cow barn, the Tilted Orbit Arcade is to be I really want it to be a social hub. I want it to be for everyone, all ages. And I will be doing programs to encourage people of
all ages to come and play games, whether it's board games or arcade games or pinball or the golf simulator that will be there. Um, but it's really just about coming together and sharing the joy of playing games. And, um, yeah, I just
wanted to share that opening statement with all of you. So, you get to know a little bit about the, um, the passion side of the project. And, um, I guess with that, I can turn it over to Dan to talk about the the details.
>> Good evening, folks. Uh Dan Bonum 4 Edward Street, Haydenville, Massachusetts. Thanks, Amy. Uh thank you to the board. Um, as um was previously described by members of the board, we have um
very minimal changes to the facade primarily uh well exclusively uh new signage which has been submitted and shown uh to scale um on the elevations. And then we have uh we're
converting a window existing window into a door. Um, other than that, there are no uh permanent changes to the exterior facade or the footprint of the building. Um there's a small enclosed
um outdoor patio for for uh service of the guests and that um that aspect is um Amy correct me if I'm wrong under approval by the the liquor board uh for
in process of of being approved. in process. Yes. >> Um and um there you can see pictures of the existing um thank you for pulling that up uh whoever
did that. And um if you want to show the site plan um we can you can see in blue are the bike racks and the patio which are really the extent of the exterior improvements.
Um lower right hand corner does have a dumpster location and a dumpster enclosure is shown there. Um and then maybe show the signage uh page as well so we can you can see um
see how that looks. There we go. So, currently there's a a half of a cow sticking out of the uh second floor. I guess you would consider it sort of the hoft uh window up above there. We're proposing pulling that off the facade
and replacing it with a sign. Um and the sign Amy, is that back lit or front lit? >> It is back lit. >> Back lit. Well, there is an existing light in the peak, >> right,
>> of of the eve. Yeah. >> Okay. So, than that, there's no changes to the exterior lighting. That's all been approved um with the original site plan review. Um you can see the the double door there in
the rendering. Um just below uh double door with a a transom above. pretty limited uh alterations to the facade. Happy to answer any questions anyone has. Thank you, Mr. Bunnham.
Are there any questions for the applicants? Mr. Sure recognizes Mr. else. >> I I didn't notice anywhere where it indicated what the hours of operation are. I'm curious about that.
>> Yep. So, um it's Monday from 1 to 9. It's basically weekdays when we're open from 1 to 9 and weekends from um 11 to midnight. But I'll go through it day by day. Monday from 1 to 9:00, closed on
Tuesday, closed on Wednesday, but open for whole space rentals from 4 to 10:00, and then open on Wednesday from 1 to 9:00, Thursday from 1 to 9:00, Friday from 1 to midnight, Saturday from 11 to
midnight, and Sunday from 11 to 9. And and how does that correspond to how uh the Atkins uh market wizards were? >> I don't know. >> Yeah, I don't think we know what the
Atkins hours of operation were. >> I I don't recall them being open in the evening, but maybe I'm mistaken. I thought they closed early. >> I'm pretty sure that's correct what Mr. Meadows just said.
And so there will be more traffic later in the day than there would have been before >> also with the Oh, and I'm sorry, Mr. Meadows, did you finish your question? I think so.
>> I'm also I do have a follow-up to your question. So that is a good point that Mr. Meadows is making and and given the nature of your business, there is an expectation that it will have more volume of traffic than what the market
had given the nature of what's um your the nature of your business or intended business. So I I I saw that there's a waiver for submitting a traffic impact statement. um just help me understand what's the rationale
behind asking for that waiver given that um this initial study was done in 2015 for a market um which is not some some place that everyone would go
to or has a specific niche of people. Um, also that area um has been a little bit more developed than what it was back in 2015. It has, if I'm not, if I'm not
mistaken, a very larger residential building that was not initially there. So, help us understand your request for not doing um a traffic study here. >> Sure. Um, you made a statement um, Mr.
Henry that I actually wasn't aware you said that there is an expectation that this business would be an increased volume of uh customers and I actually don't agree with that statement. Um I
think there may be a displacement of when my customers would be there because they won't be there in the morning where they normally would be for the market. I think instead we're going to have customers late at night or later in the evening which actually it's going to
help during the de daytime and you know adds traffic at a time when less traffic was happening before. So I see it as a displacement but not an increase in volume but I could you know be corrected.
>> Yeah, I think we discussed that. Sorry. Sorry to cut you off um Mr. Henry. Uh I think when we discussed that with uh Jeff Bag, the planner, um he didn't think that that was uh
something that this project would would require. >> And correct me if I'm wrong, Dan. Mr. Bonum, I don't think there's a change in occupancy. um the the actual occupancy count of people.
Um I don't know the answer to that question. We haven't done an occupancy count on the previous um use group. >> I thought in my discussions when I was meeting with the town that I was told that the previous occupancy was 100 as well and that is where we're at.
>> Yeah. Yeah. I don't know the answer to that question. I'm sorry. Are there any additional questions from members of the board? Um, you you're more than welcome to speak freely. I cannot see any hands if there's any raised. >> Yeah.
>> Mr. David Slloer has his hand up that you can't see. >> I can see you now. >> Can I Is is this I I don't want to speak at an inappropriate time. Is this uh is it appropriate for a board member to
make a comment about something an applicant said now or do I wait for the public meeting? >> I think you can do both given that we're um this is the opportunity for them to present. So if you have any qu if your
comment leads to a question for them um you know just >> no it's not going to lead to a question it's going the comment's going to only be a comment. Okay. >> You want me to wait? >> If you want to if if they may want to respond to your comments now.
>> Okay. All right. >> Uh this is about the the the traffic and the assertion of that. I actually have some experience about um traffic volume and traffic patterns. In this case, I would think that if anything, this
application will have less traffic than u a market. People who come to this will drive-in, park, and stay much longer than any than somebody would if they
were going into Atkins to buy lunch and then go and then go to work. So there will be no traffic associated with this business on Tuesdays or on any morning. And it's credible to me that they will
be shifting the traffic to later in the evening. But I don't think that it will mean people who deal in traffic talk about vehicle trips. A a a car coming in is
one trip. A car going out is another trip. And I don't think that this business will is likely to be intensive in the number of vehicle trips. So I just wanted I'm not trying to make
their case for them. I'm trying to be objective and I think that uh the traffic is not an issue at least in my mind. I'm finished. Thank you. >> Thank you, Mrs. Silver. The chair recognizes Mr. Offeld.
>> Wait, you can see you can't see me. >> Yes, it's my last name. It's got a name. >> God, >> he's the favorite David here. I get it. Okay. >> Um, now I forgot what I was going to say. Uh
oh, I mentioned and and many others had mentioned Atkins as the prior occupant, but actually they were an occupant some years ago, but in the intermediate time, uh, Provisions uh, Wine Store was the occupant of that facility. I don't know what their hours were, but just point of
information. I I just wanted to ask the applicant, did you I heard the I I looked at the management plan. I and it's very detailed and and organized, but I and maybe I missed it, but is there an expected capacity of the of the
facility? I I heard you say the number 100. Is that correct? >> Yes, it's actually it's not in the management plan. It's on the plans, the site plans themselves, but it is 100. Yeah. >> Thank you, Mr. Ardel. And thank you, M.
McDonald. Um Mr. Mr. White, any questions for our applicants? Thank you. Are there any additional questions for our applicants? M. Mcdana and Mr. Bonum. Um, thank you
for your presentation. Um, at this time I will take comments from the public. Please remember that if you wish to speak or give a public comment, um, just raise your hand and you'll be given the opportunity to speak. Um, please limit any public comments to three minutes.
Um, M. Williams, do we have anyone in the public who wishes to comment on this application? >> No, Mr. Chair, no hands have been raised. >> Thank you, Miss Williams. Seeing that there are no members of the public who wishes to comment on this.
>> I'm sorry, someone just raised their hand. >> That's okay. A Miss Hilda Greenbomb will be promoted to panelist. >> Green bomb. Welcome. When you are ready, um just please state your name and address for the record and please be
mindful again that public comments is limited to 3 minutes. >> Okay. They hold the Greenbound 298 Montigue Road and um I am not a butter to this but I have also um attended as panelist many applications for for bar
and entertainment service for example on University Drive and spoke downtown I covered for the paper et over many years and there are some standard conditions that nobody is talking about And you have to remember that this is a
residential neighborhood. And I was rather surprised that none of the abutters picked up on it because when that proposal 10 years ago was was made for the special permit, the neighbors were very concerned about students at
midnight walking through neighborhoods and having been drinking and having a good time tend to have rather loud noise levels. One of the standard conditions is and this was for the spoke if you want to go look at that one. It's
only a couple years old. Um set a standard and this is also university drive a standard for sound pressure level as part of our bylaw at the edge of the property. And um so if they're playing music,
there also has to be conditions about when and how the music can be if it's indoors or outdoors. and and how the how loud the sound level can be. So, it's not the students walking through neighborhoods. These are family
neighborhoods and it tends to be that students are out drinking and walking the streets a lot later than families put their kids to bed. So, you need to deal with that. Um, you may need to deal with child control like you see at the
spoke downtown and a standard thing for bars where alcohol is served that you ensure you have a condition in which they get alcohol service training and there's a name for that program which I can't remember but if you look up the
spoke you'll find it. Um, that's the big ones, the the the noise levels and and the alcohol training and and as I say, crowd control. And there's always crowd control at the spoke on the weekend. Um, I don't know why the
neighbors didn't pick up on this one, but 10 years ago, this was a big issue in this particular neighborhood. So, I just wanted to bring that up. These are standard conditions on alcohol and you can look them up in existing permits.
>> Thank you, Miss Greenbomb. >> Are there I have one more question. >> Go ahead, Mr. Meadows. >> Has there been any change in the sound attenuation within the building? or on the building
because this is going to be considerably louder than anything else that's going into the area. Well, there's nothing that we're doing on the outside of the building. The management plan does discuss the playing of music until 9:00 through a speaker
for the people on the patio and it would comply with the I think it's 70 dB at the perimeter. Um and then on the interior um I really don't think we're going to have a condition where noise from the
games or from the bar are going to be heard outside the building. But for our operations, we are going to be adding acoustic controls to the walls and some of the ceilings because of the noise of
the games and the and the concrete floor. >> Thank you, >> Williams. Are there any other members of the public who wishes to comment? >> No, Mr. Chair. >> I I know Mr. McDonny that you just
responded to Mr. um Meadow's questions and Mr. Bottom. Are there any is there anything else you wish to add before we move to the public meeting? The public meeting does not afford you the opportunity to comment. Um, so this is your chance to um say anything else that
you wish before we publicly deliberate on this petition. >> Thank you. Um, I would just respond to Miss Greenbomb's comments and say that I actually feel like I've covered many if not all of the things
that she mentioned in terms of the drinking management plan and the controls, uh, the tips training. Um and in fact even though this is not a nightclub uh I am doing nightclub you know committing to nightclub training
and we have emergency measures and the double doors are even being put put in um to um you know kind of be a be a good neighbor. Um, but that being said, there's not much we can do about people walking through the neighborhood, but we
are going to have crowd control on Friday and Saturday night from 8:00 to midnight and we close at midnight. And the idea is that the security person will follow the the guests out. Our last call will be a half hour before closing. And um, you know, encourage them and we're also going to have some signage
that I've been working on um to use, you know, quiet voices when you leave the building. encourage them to re to remember that they're walking through neighborhoods and to encourage them to dispose of the trash, you know, in the barrels that we put out there. So, yeah, I share the same concerns and I put a
lot of thought into the management plan to try to manage those things and I would be really happy to talk to my screen bum afterwards, you know, at any other time if she wanted to once she had a chance to look at that. >> So, thank you for that. So, I know that the um the alcohol training um is in the
management plan. Um what about the comment on the patio noise, so to speak, or music on the patio? >> Well, like I said, we'll turn it off at 9:00 and that's in the plan. And then I
believe I wrote in the plan that we would comply with the town requirements that the decibel level be 70 or below at the perimeter. Um I can see I can't really read what's on the screen thing if I said that but it but I certainly
said I would comply with the town rules. You know if that's 70 dB at the perimeter or whatever it is. We're really not expecting a lot of outdoor activity. The the patio is only
going to have a few tables and it's really just meant to get a break from the noise, you know, to go outside and and just, you know, have some sunshine or whatever. >> Thank you. >> Are there any other questions or
comments from the panel? With no additional questions and or comments, I would entertain a motion to move the public um to move to a public meeting while keeping the public hearing open so that one, we can discuss the findings that we
have to make as well as conditions that would be imposed pursuant to any approval. um and have an open discussion on the disposition of the board towards this application. Do I have such a motion? >> So moved.
>> Is there a second? >> Second. >> Second. >> The motion has been moved and seconded. Is there any discussion? With no discussion, the vote occurs on the motion to move into a public meeting while keeping the public hearing open.
Um Mr. Meadows >> I. >> Mr. Arfeld. >> Hi, >> Mr. Slovener. >> I >> Mr. White >> I. >> And the chair votes I. Um the vote is unanimous at 50. We will now move into
the public meeting while keeping the public hearing open to discuss um this petition. Mr. Meadows. >> Uh I should say my general
uh inclination is to um agree with the the overall concepts of doing something like this. Um I must say that I when my grandchildren were a little bit smaller, they love
doing that type of thing at the place that's along the bike path in in Hadley. But I noticed uh that there were some areas in the um
in the in the project application report that indicated uh that there was a um let me get to them. uh that the public
invit comments invitation did I'm not finding it at the second did not go out in time for this meeting is that correct >> Williams um that's not correct it public had a chance to comment and so did the
department staff off >> was uh >> let's see. Are you thinking of the health inspector's comment? >> I'm thinking of some of the different comments that were in here that there wasn't time for them. It says the site
site pan fails to conform dimensions to the parking spaces. The parking area clearly delineates spaces through the painting of the individual spaces etc. Um, so we've had had several updates to that. So the applicant did
submit a new set of plans that did delineate the parking. >> Um, >> right. >> So that's been addressed. >> Okay. There were other things in here.
I'm just very surprised that there were not any comments from um any of the those who are living in the area. >> I haven't received any comments via
phone or email. >> I I find that highly unusual for this area as as was expressed by Hilda in her comment that that's my comment on this. I I I I have a feeling that there needs to be
some more public comment on this application. Not seeing this screen again. Um, >> Mr. Offeld. >> Yeah. So, in um, excuse me, in reading the
reviewing the application materials and reading the management plan and speaking with the applicant um, during the site visit left me with a strong impression of what is intended here. I think a way to say it is it's this is
not a bar with some video games. This is a pinball and game venue that serves beverage and snacks for the the patrons, the game the gaming patrons. So, um, references to other facilities
that are designed for that are bars, um, and and designed just for the consumption of alcohol or primarily for the consumption of alcohol is is not fair, I think, a fair
characterization of what I understand the applicant is seeking to do. And um so uh I'm uh I'm uh inclined to support this application.
>> Mr. Ser, >> um a couple of things. I think Mr. Rafel has hit on something that's very important in this and that is if you're going to compare it to bars, you need to compare it to the right bar. And
this is primarily a pinball and game venue with the bar certainly part of it. But I can't it doesn't make sense to me that people who want to go to a bar but are not interested in pinball are going
to go to this place. So it I don't view it as primarily a bar. Also, I was satis one other thing. This is largely a commercial area. So, I'm not actually as surprised as Mr. Meadows is that there were not more comments. A
lot of the it the close by neighbors are going are closed in the evening or will certainly be closed before 8:00 or 9:00. I don't know what the hours are. Provisions is the only business nearby that I'm familiar with except a really
good ice cream, but it's not right there and and it's a a neighbor across two parking lots. When we at the site visit on Tuesday, we discussed with the applicant the physical boundaries of the outdoor
patio and the amount of seating on the outdoor patio and how they will control access to the patio. And I was actually impressed. They seem to have thought through everything quite well. The management plan reflects uh a lot of
thought going into how this was going to operate and I was satisfied uh with all of the answers. We asked a number of questions. We were not it wasn't just walk around look at a few
things. So I agree with Mr. Broel that this uh that this is an appropriate use of the space and I am also very much inclined to support this application. Thank you Mr. Chair.
>> Thank you Mrs. SER and the chair recognizes Mr. White. >> Uh thank you Mr. Chair. Yeah. Uh once again David Mr. taking the words out of my mouth. I think when we're looking at this um as both of them have said this
is not an establishment whose kind of from from what I'm gathering from looking at everything whose revenue driver is really going to be alcohol sales. I think you know whether we're there are loads of gaming stores where people gather to play everything from like Magic the Gathering, Warhammer 40,
like just any number of games that may serve alcohol. However, alcohol is a completely tertiary revenue source. um it's not the main driver that's meant to bring people in as is the case with bars uh and kind of bar restaurant situation.
So I think we do have to be fully cognizant of kind of the difference in intent of that. But I'm inclined to support this. >> Anybody else? >> Uh, you know, once again, I'm my inclination is yes, but I think there
there are got to be some conditions that and I uh what I have seen is that teenagers are the ones who are teenagers and younger kids are the ones who are going to be wanting to play here.
By and large, my grandson who's 18 would love to go there, but if there's alcohols being served, how do you keep them away from the the alcohol? How do you keep the younger kids away
from the alcohol? Is is there a way to prevent them from being out on the patio or to prevent the people on the patio with alcohol from being with the kids? I I I don't I'm not positive that this
is really well thought out. I agree with you as far as it being a pinball and game place and I'm inclined to think of it in those terms, but not if there's alcohol there.
It's going to get m Miss Chair. >> Um, one second, Mr. S. Let's see if Mr. Meds is finished. >> I thought he was. I'm sorry. I'm sorry, Greg. I thought you were finished. >> No excuses, David.
>> I'm sorry. I'm dirt. I I would like to see a number of conditions put in here to try and make it so that if there are teenagers or children in there for birthdays or games or
other activities that there's no alcohol at the same time. If it if alcohol is not the revenue generator then we've got to we have to give some conditions such that we'll hold such that that is
the case. We also have to make sure that if this there's a transfer of ownership that there's a review of this again in the conditions. I I now I'm finished for the moment David. Thank you. >> Okay,
Mr. Mr. Slover. Yes. Um, am I allowed to ask the applicant a question? I >> I think we can do so here. Yes. >> Okay. >> I I thought that I heard at the site visit that there
would have to be there would be control of who comes in and that it you'd have to prove your age. Will people under the age of 21 be allowed into this facility? That's what I want to ask. If they want aren't, then there's no issue.
>> Well, there is yes, they will be. It's for all ages. But >> the underage drinking management plan shows a a pretty stringent policy to check IDs once at the door
electronically. People over 21, 21 and over get a a hand stamp. And then we have regular sweeps every 15 minutes of the floor, including the patio. We have podiums stationed at the front and the back where employees will be standing to
look for what people are drinking. Alcohol is only allowed to go in glass, so only people that have a stamp on their hand should be able to drink from something that has from a glass that has alcohol in it. That's a visual cue for the staff. There's a separate snack bar
so that all food and drinks by children and anyone who doesn't want to go to the bar or should not go to the bar can go to a separate place to order. That was very intentional to keep the bar away, you know, for absolutely no reason for children to go to the bar. At the bar, there's a second ID check and it's
electronic and you can only order two drinks at a time. And of course, there's the tip certification and the other certifications being done. That might not even be everything that I put in the management plan, but I was as concerned
about the management of underage drinking as Mr. Meadows is. And that is why that plan is as comprehensive as it is. Um, and not to mention that the layout is specifically designed to keep the birthday party area on the
other side of the building from the bar. Thank you, Miss Mcdana. Mr. Slover, did that answer your question? >> It did. I I wasn't clear on what ages would be in there. I I had no idea. So, yes, it answers my question. Thank you.
>> Thank you, Mr. Snow. So, I find myself on both sides um of this. I am very much inclined to um support this as well, but I also share Mr. medicine's concerns and
I I think that in looking at the project application report there needs to be more conditions and I do think that it warrants more time to really think about the conditions that we want to um attach
this special permit just to make sure one they're not overly burdensome on you that they're reasonable and that it satisfies what we're trying to do in terms of making sure that um and I understand what you just said about your checks and balances in terms of alcohol,
but we want to make sure that that is very documented not only in your management plan, but in the special permit conditions as well just to make sure again that you know there are some safeguards. Not saying that there isn't some level of trust um as to what you
will do but also going to what Mr. says again with a change of ownership, I think this needs to come back um before the ZBA just to make sure that whatever is being done is being addressed. So,
while I'm inclined to support um your application, I think I need more time to really think through conditions that I would support um for this. So my feeling tonight would be to continue this to a date certain just to go through those
conditions um to make sure again they're not overly burdensome on you and then they satisfy what everyone is asking for. So that would be my um position um for support.
So, just by a straw poll, um, how many people are inclined to, if this goes to a full vote for approval, um, tonight? Um,
I I suspect that we we might be here for a while just ironing out conditions and I think it may make sense to take this away, really think about conditions, have us review them and then
come back and do an up or down vote on this. That is my feeling, but I will defer to other members to weigh in. I agree with you. >> I'm fine with that recommendation, Mr. Chair.
>> Mr. Offel, Mr. Slovador, >> we're to do that. I hope we could uh reconvene uh quite soon. Let the date certain be soon. Um, I c I can I can support this. It certainly it seems like that's where
it's headed. Anyway, I'm I would be willing to approve this tonight, but there's not enough support for that. So, I certainly I think that the chair's suggestion is a is a reasonable uh precautionary step, but I think that
Mr. Afeld's absolutely right. We should make this as soon as possible to not keep the applicant waiting longer than needed. >> We have a meeting in We have a meeting in two weeks. >> Um M Mr. Hold on one second. Mr. Offeld,
you were saying something. >> I was just going to add to my comments that excuse me that um I I would be in favor of approving tonight, but I concur with Mr. Sloer's observation. Um and I my understanding is that we're
not asking the applicant to do anything in addition that it's it's so the ball is on our court so to speak to um to think about as you say think about uh conditions. >> Yes. Thank you Mr. Meadows. Can we ask
Miss Williams to look up old permits, older permits that have come through over the years and and look up some of the conditions that have been put on that we could copy for this also?
>> I can ones that we can think of ourselves. >> I can I can look into those and share them with you all. >> Thank you. >> Thank you. And I I agree with um the sentiments of doing this sooner rather
than later. So, Miss Williams, I know you pulled up the calendar a few moments ago. So, do we have the capacity for our next meeting to bring this back? >> We do, Mr. Chair. The April 9th meeting currently only has a public meeting
item. Um that's for Ball Lane. So, we could continue this April 9th and >> and this full panel is available on April 9th. I can't see anyone anymore. No, >> sorry. Everyone's saying yes. >> I'm available. >> Okay.
>> David Offeld is available. >> Okay. >> And and the and the less favored other David is also available. >> Drama. >> Drama. Well, >> take turns being the favorite son. >> No, he can see Afeld and he can't see
me. This is perplexing, but okay. And Mr. Meadows, >> apparently I'm available >> apparent. >> Okay. So, um, April 9th then is seems like a very good date to continue this
to that date certain. Mhm. >> You have to vote on it. >> Does that give Miss Williams enough time to do some research and uh and bounce some ideas back at us, too? I I can definitely share the permits
that were um the decisions for the permits if I find them. I don't know if they went through planning board or zoning board, but I will look for them. So, we're looking at specifically the spoke and what was the other one?
Was it just the spoke? Okay. Well, I I can think of two. We also had the uh >> Mc Murphy's >> the one >> Murphy's is downtown and so is the spoke. So >> just keep that in mind as well. You're
not necessarily comparing apples to apples. >> That's true. But I think what there's um I'm sorry. What is the name of that um pub that's down the street from this? Not apples to apples, but we can look at that as well. >> What is the pub? >> I'm not a pub person, guys. You're
asking the wrong person. >> That's the harp. I think you >> The harp. >> Yes, the harp. >> Yes. >> Okay. >> Yeah. >> Yeah. Okay. I will I will look at all the drinking establishments
and become very familiar with them now that I have to um to see what they are doing. >> Is the three amigos open in the evening for or just for dinners? drinker. I don't know.
I don't I don't know. That's just not my scene, Mr. Meadows. I don't know. >> That's okay. So, okay. I I think we have um a a plan um to do this. So, I would
entertain a motion to continue this to a date certain of April 9th for um deliberation on the petition. Is there such a motion, >> Mr. Um, do we need to check with the applicant to make sure that they're available on that date?
>> Thank you for that. Yes, Miss Mcdana and Mr. Bonham. >> Um, I will make myself available. I do have a conflict, but I will make myself available. >> Yeah, I can be there. I can make that happen.
>> Thank you. I was going to say Miss Miss Mcdana um given that there is no ask off you for this then if you know someone representing you on your behalf can be here that's also fine. >> Thank you. >> Yeah. Okay. Thank you Mr. White. So I
would now entertain a motion to continue this to a date certain of April 9th. 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. Arfeld, >> I. >> Mr. Slovener, >> I. >> Mr. White, >> I. >> And the chair votes I. Um, ZBA FY2026-12113
Cow's Road has been continued to date certain of April 9th. Miss McGana and Miss Tam, thank you very much for your patience on this. >> Thank you. and and see you in two weeks. >> Thank you. >> Thank you.
>> At this time, we'll go to general public comment period on any other business not before the panel this evening. Miss Williams, do we have any members of the public still? >> We have members of the public, but I'm going to give them a moment to see if they're going to raise their hands.
>> Thank you. Nope, no one's raising their hand. >> Thank you very much. Are there any other business anticipated within the last 48 hours that is not before us tonight or was not available prior to the last 48
hours? >> I don't have anything. >> I do not see any responses from the board. So with that, as always, can we do a quick look at the calendar ahead? >> Here we are. So we have pretty much put
this to bed. That's done. Goodbye Pulpit Hill. Goodbye Fort River. and Tilted Orbit has been continued to next well not next week two weeks from now um our next meeting and then we have
the public meeting with Ball Lane where I believe they're presenting their updated management plan and that's in accordance with one of their conditions from their special permit and they need that approval I guess so that they can go ahead and move forward and get their
certificate of occupancy which they need in order to start renting out the first wave of units. So, I'm not completely familiar with this project. So, I'm going to be doing my own due diligence in the next two weeks before this comes before you. Um, but you will be getting
a project meeting summary essentially um about it prior to that. So, you're all caught up as well. And if you need me to resend the entire thing, it was a comp permit from a couple of years ago, I think. I don't know. I don't even want
to guess the date. But it's before my time, so I will definitely find that and share it with you as well. >> Thank you. >> Mr. Meadows has a question. >> You mentioned renting. I think those are all sales, aren't they?
>> It is possible. I've misspoken. I'm not familiar with the project at all. So, I have to go back and and double check the particulars. >> Yeah, I was on that board. is bald in the North Amherst project housing development.
>> Yes, it is one of them. >> So, yes, those are those are sales, Mr. Meadows, you're correct. >> Okay. >> So, that that's coming before you in two weeks. Um, looking ahead, I don't have anything for April 23rd, but also Mr.
Henry's out, so if we do have any petitions, I don't know that they'll make it because we're kind of inching closer to the deadline than we do want to. Oh, wait. That's not true. I apologize. Now that my brain is functioning, I'm looking ahead. 43 South
Prospect Street is on the 23rd. Um, and that's a very simple change of Oh, it's not even a change. It's a modification of the special permit that was granted. and it's going the applicant would like to instead of adhering to the owner occupancy
requirement, they would like to change to a resident manager requirement. So that's what's happening there. It's another one of those two family situations and I guess they just don't want to live there anymore. So they're going to change it to resident manager.
So that's 43 South South Prospect and that's the only one we have on the 23rd. Glad I remembered that. Um, and then on the 14th, I would really like to not work because that's my birthday. So, if
we could I'd really not, as much as I like you guys, I don't want to spend my birthday with you. So, if we could possibly think about voting to cancel that meeting, we don't have to do it today. Um, I'd really appreciate it.
That's it. >> Thank you, Miss Williams. Mhm. >> Happy birthday. >> It's coming up. It's not here yet. >> Okay. Um so, thank you for that. Um with no
other business to discuss um at 8:01, I will entertain a motion to adjourn um tonight's meeting. Is there such a motion? >> So moved. >> Is there a second? >> Second. It has been moved and second.
The motion is now debatable. Um the vote occurs. Mr. Meadows I. >> Mr. Offeld I. >> Mr. Slovener >> I. >> Mr. White >> I. >> And the chair votes I. Um. Thank you all
for your service. We are adjourned. >> Bye everyone. Night.