and we're live. >> The chair notes the time is 6:09 p.m. and I call the meeting of the Amherst Zoning Board of Appeals to order. My name is Everald Henry, chair of the Amherst Zoning Board of Appeals. I want to welcome everyone to this meeting.
We'll begin with a roll call of the ZBA members. Mr. Slovder, >> present. >> Mr. White, >> here. >> Mr. Offeld >> here. >> A core is present. Absent today is um
Mr. Craig Meadows, Mr. Casey, our associate member, as well as Mr. Greenbomb. Present with us also in tonight's meeting is Mr. Justinta Williams, planner with the town of Amherst. Pursuant to chapter 2 of the acts of
2025 and extended through June 30th of 2027, the ability of public bodies to meet in a fully remote or hybrid manner, this meeting will be conducted via remote means. Members of the public who wishes to access the meeting may do so
via Zoom or telephone. No inperson attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time via technological means. The zoning board of appeals is a quasi judicial body that
operates under the authority of chapter 48 of the general laws of the commonwealth for the purpose of promoting the health, safety, convenience, and general welfare of the inhabitants of the town of Amherst. One of the most important elements of
Ammer's zoning bylaw is section 10.38. Specific findings from the 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 superior court. After the appeal
period, the permit must be recorded at the registry of deeds to take effect. In tonight's agenda, we will have a review and approval of minutes for December 11, 2025 meeting. We will have a public hearing on ZBA FY202607
485 Pine Street requests a special permit under sections 3.3241 covered dwelling and the 9.2 to non-conforming structures to modify the existing special permit ZBA FY2023-15
modification of permit pertains to updating the site plan to reflect relocation of the driveway from Pine Street to Hitchin Post Road said properties located on map parcel 68-38 RN neighborhood residents zillian
districts we'll have discussion general public comment period any other business not anticipated within 48 hours and of course adjourn. Um, Miss Williams, before I move on, is Mr. Casey in the audience? Do you know?
>> Mr. Casey has not joined us yet. >> Okay. So, the first >> Thank you. So, the first order of business tonight is the approval of meeting minutes from December 11, 2025. Has everyone on the board had the chance to review these
meeting minutes and is comfortable approving as is? I see the nodding of the heads as in the in the affirmative. >> Um are there any comments or vision revision to the minutes?
If there are none, I will entertain a motion to approve the minutes for December 11, 2025 as submitted. Is there such a motion? >> So moved. It has been moved and Mr. White, I will take that as a second. Has been moved and second. The vote requires a roll
call vote. Mr. White, >> I. >> Mr. Offeld, >> I. >> Mrs. Slovener, >> I. >> And the chair votes I. Motion to approve the December 11, 2025 meeting minutes um
has been unanimously approved. With no further discussion, our second item on the agenda tonight is a public hearing on ZBA FY2026-07 485 Pine Street who requests a special permit under sections 3.342
and 9.2 to modify the existing ZBA FY2023-15 special permit. Modification of permit pertains to updating the site plan to reflect relocation of the driveway from Pine Street to Hitchen Post Road.
The submissions for this application are as follows. November 10th, 2025 submissions 485 Pine Street plan modification and the ZBA application. Revised parking plan C2 site layout plan
dated 3092024. The approved special permit ZBA FY2023-15 decision dated June 13, 2023. A permit modification letter submission
on December 9th, 485 Pine Street sheet C2 site layout plan revision 129 2025 stamped December 11th 2025 submissions um S associates Ben Hilderbrand projects
B314-822 485 Pine Street Kathy Song 485 Pine Street current revision 128 825 C-3 parenthesis 1 photometric plan. The background on this is that the zoning board of appeals previously
granted and Sukong a permit in 2023 to convert a vacant single family residence structure into a two-unit residential dwelling. The two-unit residential is being rented out as two separate units. There there have been
any requests to modify or wave anything from a special permit. Um, Miss Williams, do we have the applicant and the representative present? >> We do. Let me promote them to panelists. One moment. >> Thank you.
Miss Song, can you hear us? Can you turn on your camera and unmute yourself, please? >> Yeah, I'm trying. And I to turn on the camera. >> That's okay. >> Oh, yeah. Here. Sorry.
>> It's all right. >> Okay. Hi. >> Hi. Hi, Miss Song. Welcome. Good to see you again. Um, just before I I have you make your presentation, I I just want to continue um reading into the record some submissions that we had. Um, I failed to
mention that we did have a public comment from a Mr. Daniel Reef um that was submitted um to town staff I believe on in December 18th.
Um, continuing with um this application, there was a site visit conducted on Tuesday where we had an opportunity to walk the property, see exactly what is being requested of the
ZBA. Um, and the site visit was Mr. Aeld and Mr. Sloder. I will defer to them if they want to add anything specific about the site visit. I see no affirmative responses, Mr. Sier.
>> Well, uh, we we walked the property as you said and we saw where the proposed parking and access would be and it all seemed very straightforward and clear. So, I think the application clearly
reflects what um what she proposes doing. Yes. I would agree. However, Miss Song, um you do have to um officially ask for your um in this public hearing what
you're asking the ZBA to do. So, the floor is yours. >> Yeah, I'm actually requesting permission to relocate this driveway for neighbors business and then maybe the future my tenants group. So which is uh toward the
485 of Pine Street to the hitting post road which is way quieter, slower, there's not much traffic there. And then when we actually on site you guys already see uh bus stop is on Pine Street in front of my property. So once
everything is like start moving that all the cars it was you know I actually watched more than one year. So I saw so many potential problem over there. So I think you know if I relocate this actually assess for my property it's
solve a lot of issue with next to business and then also someone using the uh Pine Street as the public road. So that's why I'm actually requesting the location. >> Thank you Miss Song. Um just for the record we know that the property address
is 485 Pine Street but can you just um provide your address for the record? Yeah. 52 stage coach road, Emerson, Massachusetts 010002. >> Thank you. Um, is there anything else you want to add?
>> Um, this is all. >> Um, short and simple. We appreciate that. Um, thank you for your presentation. Um, are there any questions for Miss Song from our panel?
I see no responses in the affirmative at this time. I will take >> I'm sorry, Mr. Mr. Mr. Henry. Thank you. >> Just curious, this project uh require would require uh removal of a tree when we saw that on the site visit, the tree that would be removed.
And is that something the town does or is that your contractor under this plan? Uh this is actually town tree. So I needed to work with this actually. Uh Jinta is just trying to help me out connected to the Ellen who's actually
tree committee. So I will follow the town direction but I'm not really like you know I don't know the like a progress you know should I cut down or just the town did I can compensate. So I will follow their direction. That's what
I can say right now. Thank you, Mr. Alfield, for u raising the issue of a tree. And when I was going through the project application report, I did see the recommendation to go to um the tree warden. Um so what
what is the plan if the town says no to cutting down that tree? >> Then I I I don't know. It's harder to use the you know it it should be really cut down one of the trees makes sense over there maybe on-site visiting you
guys you you know the gentleman already watch out what is actually my concern about but if I we keep the older tree it's not enough to just you know cars in and out and then anyway it's going to be damaging on the like a both side of so
which is not when I see it that's not a good idea so you know then maybe we need to keep the all the way to parking and then exiting which is I needed to use the next uh next uh the business which is Kushimman uh
used to share the you know drive in and out which is a lot of traffic so I think you know this is a way better idea but I don't know I don't know you know hopefully this all processing is happening so I can just you know
everybody just be in peace so I don't want to was actually, you know, in trouble with the neighbors or any public and then potential my tenants. So, >> thank you. >> Um, I see Mr. Slover with a question.
>> Yeah, I I maybe I was under the wrong impression. I'd like to clarify it. I was under the impression that the town had already looked at the tree and they already >> and did not object to its removal. Is that wrong?
>> No. Yes, it is because I met the Ellen already but I didn't know you know I didn't know that I supposed to do the tree committee things because you know Ellen already explained me and then he already uh met me like a pretty long time ago met me there and then we
already this before I drew this all the plan but uh you know just update me the all the information I still needed to do the all the committee thing because that is kind of you know We paused a really long time because you know the before
the other gentleman uh then Jessinta he tried to help me and then all of a sudden couple months and then no one is responds my email and those stuff. So yeah, I met already Alen who's in charge about the town tree and then he already
know this information and then he said he actually educate me I need just you know apply for this actually uh progress like you know the special permit thing so that's why I supposed to you know I'm just trying to do it. So, but you know,
Justinta just educate me, you know, I needed to have something like a tree committee than just only Ellen's explanation, you know. So, I'm just doing it as the contingent on that tree committee thinks
on this special permit right now. >> I just want to make sure I fully understand because I understand Mr. Slov's question, but I'm not sure I got the answer from it. Did they say yes to removing the tree? Say it again. >> Did the tree warden say he has to remove
in the tree? >> He said it's not going to be problem. Then uh he just explained to me then I needed to uh compensate that tree because you know uh we are actually cutting down the one of the town tree.
So of course I say yes. So he actually explained to me that all the after progress. So I you know I don't know I thought that is actually permitted because you know I thought everything is yes because I can of course compensate it and then we talked about you know
where I needed to plant new tree whatever something like that. So you know actually all the neck of the knowledge because I I got an explanation from him and then I you know I thought that is all the pro you know between the
progress but uh Jinta said that's not because I needed to attend it some of another committee meeting to get the approval the cut down the inot tree. So, it's a kind of >> Sorry,
can I can I just assist very quickly to clarify for the applicant? Um, we did chat with the tree warden and we chatted with the chair of the public shade tree committee. Um, Miss Song will attend the
meeting which is coming up this Tuesday. So, next Tuesday, January 13th at 5:30 p.m. she will be presenting to the committee. So even though this conversation may have happened over a year ago to make it official, she still has to go before the uh cha tree
committee. They will schedule a site visit to refresh their memories about this conversation and then they will go from there. Um but essentially what will need to happen is if Miss Song is removing this tree, she will have to plant another in another location
somewhere on her property is my understanding. So I just wanted to assist her. um with that explanation. >> Thank you. >> Are there any additional questions from the board? I see no I see no positive responses. So
with that um I will take comments from the public if there are any. Um please remember that there is a maximum speaking time of 3 minutes per person. If there is anyone from the public who wishes to comment on this application, please raise your hand, you will be
afforded the opportunity to speak. If you are joining us via telephone, I believe it is star or pound nine on your phone. Miss Williams, do we have anyone in our audience? >> We do. We have three attendees who'd
like to speak. I'm just going to read them off in the order in which they appear on the screen. So the first person is an Andrew Steinberg. Following that will be um a green bomb and then lastly for now it's a person named Chip.
So Mr. Steinberg or Andrew Steinberg I will promote you to panelist and then I believe Hilda will be next. Mr. Steinberg, you are on mute, but please just introduce yourself and provide your address for the record. Thank you.
>> Hi. Um, I'm Andrew Steinberg and I live at 17 Hitching Post Road and uh, some of you know me in other contexts, but I am here as an abuter. um and somebody who's
uh known this property for 40 years that we have uh lived here. Um this house the um I I had some questions about the
request and the whole uh process that um has gone on with the house. So, I appreciate the amount of work that um has been put into it and how it is um in improvements made to the property. The
uh uh questions that I had really had to do with uh the number of cars that are being uh spaces that are being requested and a little bit of confusion about what's going on with the construction
because it was our understanding from the prior hearing of several years ago that the it was a proposal to have a single house divided into a two-unit
house. Um, and that the uh parking places being requested were going to be two parking places per unit. As I've looked at the outside of the house from the Kushman's door side,
it appears that there are two separate units on the upstairs section and one that faces Pine Street on the downstairs, which is three units, which is a thing that I'm uncertain about. And
uh the question is uh um really how many u parking spaces and therefore how many cars are going to be entering the road. Um I understand the uh reason for the request. There is another rental house
across the street that has a number of uh parking uh spaces allocated to it. so that it would increase the number of spaces coming into the road. And I just uh feel
I can't um really comment because I'm not sure why there's that six space request. >> Thank you, Mr. Steinberg. So that is actually we are going back miss song I will give you an opportunity to
respond. Let's just have um the comments first please. >> Yeah. So we needed to go back to just you know the original special permit. It's >> okay. >> Not at this time. Yes. We're going to have all the comments and then give an
opportunity to respond. >> Okay. >> Yeah. So why I needed to give him answer about why the six parking uh is a planning for right >> you not right now you don't right now >> yeah okay
>> okay >> hold that green bomb will be joining us shortly Okay. Um, she's declining to be promoted to panels. Okay, Hilda, your hand was raised. That's why I was trying to promote you. Um, we'll go to Chip next then.
>> Thank you, Miss Williams. Chip, welcome. Please just state your name and address for the record and please be mindful um after the three minutes. >> Sure. Uh my name is Charles Dana. I'm at four Still Corner Road in Libr, but I'm also the owner of 10 Hitching Post Road
in Ammerst, which is the property directly south of the uh property here we're talking about. Um, first I'd just like to state that I'm pleased to see the work that's been done on the property. Uh, we look forward to to seeing that construction completed and
um, but we're we're really happy that the work is being done there. Um, I guess my question is, is there a site plan that we could see for the proposed driveway? Um, our concern would be more about headlights and um, cars coming
into park and shining their headlights into the windows of our our property. Um, if there's any information we have about the proximity of the the uh, parking, how many spaces are being um, proposed and their orientation?
That's that's pretty much what we're looking to to see a little bit of clarification on. Thank you very much for your comment, Miss Williams. Is there anyone else or did we get back Miss Greenbomb? >> No, there isn't any additional comment
from the attendees room. So, I can share my screen to present the site plan if that is >> Yes, please. And if we can and Miss Song, you've heard comments from your Butters. So, Miss Williams, as you heard, will share her screen, give you
an opportunity to make some comments about your site plan as well as the parking spaces and if you can address um the lighting concerns raised by um your last butter. I
so um I didn't actually think that uh the lights on those stuff so I don't know what to say. >> That's okay. So let me ask this very simple question um to help you. How many parking spaces um
are in the plan? >> Plan on the six. >> Six. And are the cars would the cars be parking facing um Kushman or facing Hitchens Road? >> So facing uh the what what is it?
Kushimman Kushiman market side. >> Okay. So essentially the intent would be for them to drive in and the park and fa and the cars face the market. >> Yeah. I mean they can just I don't know you know that they going to keep parking
like toward the cushion or you know they're going to back you know back parking I'm not really sure is a tenant's behavior you know what I mean >> no I understand but we're just trying to um help your abs understand um
>> yeah your intent so six parking spaces and they go all the way back to close to the property line of the Kushman market Not really because you know we as you see the plans you know um maybe I'm just
planning for you know to put the fence or just you know as you see the um as you see my plan and it has all the you know the plant base like I'm going to planting and then they going to actually literally park behind the I plant.
Is there anything else? Thank you very much for that, Miss Williams. Um um I think that gives some clarity to um our audience um based on what they were asking about the parking plan and the number of parking spaces. Um so thank
you for that. Um Miss Miss Song, you can add um any additional thoughts or comments. You're not necessarily required to if you have nothing else to say. Um but after this we are going to move to our public meeting and the
public meeting does not afford you the opportunity to um comment. It gives the board a chance to discuss the merits of your application. >> Okay. >> Okay. So unless there are any further questions or comments from the applicant or our board, I would entertain a motion
to move to the public meeting while keeping the public hearing open so they can discuss um our findings and conditions um and have any discussions on the disposition of the board towards this application. Do I have such a motion?
I see a raised hand for Mr. Slover in the affirmative. Um second moved. Um it has been moved and second. Is there any discussion? Seeing that there is no discussion, the vote occurs on the motion to move into a
public meeting while keeping the public hearing open. Mr. Slovder >> I. >> Mr. Offeld. >> I I think you said I sorry. >> And Mr. White >> I. >> And the chair votes I. The voting is the
vote is 40. We will now move into the public meeting while keeping the public hearing open. Um are there any comments um from our panel? Mrs. Slover, you may go first.
>> Okay. I have um a list of comments that are partially in response to the presentation and partially excuse me in response to the site visit yet. um on Tuesday.
Um I think that this application will accommodate this this change will accommodate a number of issues that seem to be involved in this property. One that we observed when we were there
is that parking is on the neighboring Kushman lot and that Kushman customers encroach occasionally on this property. If she has if this property has access from
Hitching Post Road to its own self-contained parking lot, there will be no shared parking with Kushman. There will be no encroachment by Kushman people and the people living on this property will not need to uh have an
impact on Kushman's parking capacity which at lunchtime and other times may be strained a little bit. Um it will be fully contained on her property. the current driveway is not well defined
and then this change will be well defined and that that alone seems to make sense to me. Also, the new access to the parking will take the turns to get onto the property
away from the much busier Pine Street. When we were there alone, I think two cars came down Hitching Post Road and I don't know 10 12 cars were on Pine Street while we were there and a bus.
So, I think that taking access to the property off of Pine Street also would contribute to the flow of traffic in the area. uh the orientation of the spaces. This is in response to the comment about
lights. If someone turns into this property and goes straight ahead aimed at Kushman, it seems to me that all the headlights will pass only the most brief moment on the
neighboring property as the car turns. But as the car pulls into the parking space, the lights are going to be aimed directly at Kushman and which closes, I found out, at 2:00. I didn't even know that. I went there after the site visit
and I was after 2:00. They were very nice, but she said, you know, we're closed. So, they still were happy to do business, so that was not a problem. And last, the the whole question about the tree,
which is an appropriate question. I'm not sure that's actually up to us. That's a different mechanism in the town. If we're concerned, I would suggest that we could put in a condition.
I'm not suggesting we do this. Just if there is a concern, we could put in a condition that says that the removal of the tree and responsibility for it or the economic responsibility, whatever we want to say, is um would need to be
satisfactorily resolved with the town and then we don't we don't have to deal with it. I can't see us spending time on a tree that Mr. Afeld and I thought was not particularly healthyl looking anyway.
And uh so I I don't see us making um doing much with the tree. I think that's uh that's why we have a tree committee. So thank you. That's my list. >> Um thank you, Mrs. Slovener. Um the
chair recognizes Mr. Alfelt. >> Thank you. Um just uh a few responses to the comments we've received. Um just to clarify for Mr. Steinberg and his his comment, the the this um property is
under an existing special permit which allows uh three cars per unit for a total of six cars and two units total. So, I hope it's not operating with three units, but assuming it it is only two
units, then six cars would be allowed. I'm sorry. Six cars are allowed, period. That's what this conditions of the permit say. Um, three per unit. Um, I also wanted to
Well, let me say first I I I agree with everything Mr. Sloer said. I was on the site visit as well. I think it's a much safer arrangement for cars entering and exit exiting than uh than either maneuvering through the Kushman parking
lot or trying to exit directly on the Pine Street. Um, and I don't think it's a significant uh imposition on the on the Hitching Post Road neighborhood um where the Morgan Circle neighborhood
up just up the street who also use that that road. Um I I just wanted to one also respond to um um Mr. I'm sorry the pronunciation rife or reef. We we had received a comment or
letter from Mr. Reef. Uh, and I I was curious about this too. I I looked a little bit in I mean I'm just want to clarify my understanding and maybe um Planner Williams can uh can help me with
this, but the property line for this property is not at the street edge. There's a strip of land which I believe is owned by the town just as which is the case in on most streets. We we own our property if we
own property up to a few feet or 10 feet from the street itself and the town owns that. And if you're if you want to cross the town land for the purposes of a driveway, you have to get permission from the
town. Is that correct? >> That is correct. >> Yes, that's correct. >> Okay. All right. So I and and to Mr. Slover's point, I I guess it's true that if you want to get the town's permission to
cross that strip of land, you have to satisfy maybe the DPW and the planning commissioner and the in this case the tree committee. So whether we need to make it a condition or not is actually not clear
to me. But but I otherwise I'm inclined to support this project. Thank you, Mr. Offeld. And I would echo what you and Mrs. Slover said because yes, when we were there um and um I used to live in that neighborhood as well and
Pine Street is a very busy road. Um moving this to um the adjacent street actually does make sense. It is quieter. It is easier. Um I think it is also very very much safer. Um, I would also like
to add that the existing special permit allows to what Miss Mel said, um, six parking spaces. Um, this this petition is not asking us to modify anything to that regard. We're not modifying anything to that regard. Um, the application is literally to move entry
um to the property from Pine Street to um, Hton Road and that's what's before us today. Um I do um to everyone's who spoke were very um complimentary about the work being done with the property. I
think moving it um to Hudson Street will add to that complimentary that you guys were making because again it is an update to the property um having this um driveway um going to its new location. So, um, with that, I'm also inclined to
support, um, the petition. Um, Mr. White. >> Thank you, Mr. Chair. Uh, so, first things first, uh, Mr. Afeld, just because we literally had this conversation. I assume by DPW you mean Department of Public Works, just for the
record. U, but no, uh, I agree with everything that's been said on the panel. Um, I'm very much inclined to support this move. I think it's good for the neighborhood overall. Um, the only thing I might want to have a conversation about would be a
possible condition uh regarding the tree commission and their outcome with that. But other than that, I yeah, fully support it. Are there any additional comments from our panel? I see no hands or hear any vocal
responses. So with that um we do have to make some findings um before we can entertain a vote on this petition. There are specific findings that we have to make under section 10.38 and we will go through these with um one
by one with the permission of the board. I will skip those that are not applicable um to this application. Yeah. Um >> well decided our captain. >> Yeah.
Okay. Um and we should start with section 10.38. And M. Williams, I'm going to follow along on yours. Okay. Um, the board shall under section 10.38 of the zoning
bylaw specific findings make the findings required of all special permits. Um, section 10.38 and 10.31, the proposal to relocate the driveway is appropriate and in keeping with existing uses and other uses permitted by right
in the same district. um 10.382 3 um 83 385 and 387. Um the proposal would not constitute um a hazard
10.38. Um I'm sorry. This petition provides convenient and safe vehicular pedestrian movement within the site. Um there are six proposed parking spaces on the site. The relocation of the driveway and the
overall dimensions of the site provide sufficient room for entering and exiting the driveway. I propose that we make a finding that this is satisfied here 10 386. The proposal ensures that it is in
conformance with the parkin and sign regulations articles 7 and 8 respectively of this bylaw 10.387. The proposal is provides convenience and safe vehicle and pedestrian movement within the site. Um, I recommend we
adopt that the proposal is safe and convenient for vehicular and pedestrian movement within the site in relation to adjacent streets and properties. 10.38 um, should a delivery service vehicle choose to utilize the driveway, there
appears to be ample space for said vehicle to enter and exit the property without issue. I propose we make a finding that this is satisfied. 10.389. Although trash and recycling are not part of this proposal, the trash and
recycling receptacles are located at the side of the house and are easily accessed by the waste company. The current site plan 485 Pine Street sheet C2 site layout plan review revised 129 2025 shows that there is a designated
space for snow storage. I propose that we make a finding that this provision is met. 10.392. The applicant has proposed an evergreen plant screening typically um
bear with me one second. typically 4 feet in height as a buffer for the parking area. C485 pine sheet C2 site plan layout revised 129 2025 stamp I propose we make a finding that 10.392
the proposal provides adequate landscaping um for this proposal the proposal provides protection of adjacent properties by minimizing the intrusion of lighting including parking lot and exterior lighting through the
use of cut off luminers, light shields, lowered heights of light poles, screening or similar solutions. Um I know that we didn't specifically um ask about lighting in this application, but given that they had a
special permit with um an existing parking plan, I will suggest that that would have been addressed in the prior special permit. If it is not, then of course I'm happy to entertain conditions for lighting, but I would recommend that
we adopt that um an appropriate lighting plan here. Um >> Mr. Chair, they did provide a phototric plan. Did you want to see it? >> Um yes, if you can pull that up because
>> Okay, one moment. Is that legible? Do you need me to increase the size? Um I okay I think it is legible unless any member um any members of the board who
wants it to be maximized. But based on this I do believe that we do have um adequate um lighting provided for here. going to go back to the findings.
>> It's okay. I will do that. >> How would you like me to summarize your finding? >> Which one are we on? 10.3 9 >> 93. >> Yeah.
I'd recommend that the applicant has provided um adequate lighting for the parking space and we adopt that they have met the condition of 10.393 Rain. I think we're at 10.396. >> We are, but my my computer has frozen,
so I apolog. >> That's okay. >> Just let me know when you want me to continue. >> Okay. Um, let's do it this way. Here we go. 10.394. >> Um
10.394 The proposal avoids to the extent feasible impact on steep slopes, flood planes, scenic views, grade changes, and wetlands. Like to make a finding that this project is not found within the designated flood zone and therefore not applicable.
10.396. The proposal provides screening for storage areas, loading docks, dumpsters, rooftop equipment, utility buildings, and similar features. Um, make like to make a finding that the trash and recycling receptacles are located at the
side of the building. The applicant is proposing a pollinator plan screening for this area pursuant to the site layout plan. I'd like to make a finding that 10.396 um is met. 10.398
like to make a finding that the proposal is in harmony with the general purpose and intent of this bylaw and the goals of the master plan. Now we are at conditions. >> Okay. Um and
condition one, the driveway shall be built, maintained, and managed according to the approved plans and application package. And the approved plans include the 485 um pine sheet 2, sheet C2, Silo plan
revised 129 2025. Any changes shall be reviewed by the building commissioner to determine if the changes are significant enough to require a formal modification of the permit and or condition. If deemed significant, submission to the zoning board of appeals is necessary and
required. Um condition two, per the phototric plan, um adequate lighting shall be provided for the parking area. Um, condition three,
the granting of the special permit to approve the relocation of the driveway does not supersede the conditions of ZBA FY2023-15. And as of the date of this hearing, December 11th, 2025, ZBA FY2023-15
is still the controlling permit for the 2-unit residential dwelling under section 3.3241 converted dwellings and 9.2 to non-conforming structures and its conditions shall apply. Um I I I this
may be redundant but um condition number four, I'm comfortable with just saying the special permit is only applicable to the relocation off um the driveway. and for members of the board anyway
talked about the tree. I'm not sure if anyone wanted to propose any condition to that regard or if we're comfortable with what is um here. I'm going back to camera view so I can see if there's any um hands or anything.
Um, Mr. Chair, >> go ahead, Mr. White. >> Um, I'm willing to do whatever the board feels is in the best interest of the special permit, but I mean, I would like to see a condition that just says something simply, you know, to the effect of, you know, contingent upon the
findings of the tree commission or however we need to word it. It just needs to be simple, you know, but >> so if I may just add something to that. So when we walked the property, um
whether or not the tree is removed, the driveway can still be there. Um is so I'm not necessarily and Mr. Sloven or Mr. Offel can correct me if I'm wrong, but even if they and I don't see why they would say no, but again they could
to your point, >> but in that case, Mr. Chair, sorry to cut you off. I resend everything I've said. Yeah. No. So, um, did I get that right, Mr. Sloven? Mr. Offeld. Yeah, I I think you did. And I, as long
as Mr. White has rescended his suggestion, then I don't have to differ with him and I don't have to shame Mr. Rafel into using initials that maybe nobody knew. So, I'm now done. Yeah,
I think the removal of the tree just makes it a little bit um more curb appeal. Yeah. So to speak. Yeah. And probably would um prevent any roots from growing under any
paved driveway if one is put in. Yeah. >> Right. >> Mr. Al. >> Yeah. Yeah, I would just say that if if the driveway is put between two of the existing trees too too close, as you say, it would it would tend to over time damage the tree or the trees would
damage the driveway. So, I expect that the tree warden identified that and suggested tree removal as the better option and you know, a new tree being planted. That said, I don't think we need to add a condition. I I think that'll be taken
care of through the permitting process. You know, you have to get a building permit and we don't put typically we don't put conditions on what the building permit has to contain. That's up to the building. >> I agree. I think it I think a a tree related condition is is simply
unnecessary. It's not like it's a bad thing. I just think there's just no point and we don't need to bother with that. >> Let the tree committee deal with it. That's why they get paid the big bucks. >> One other comment.
>> Yes, Mr. Offel. >> Uh, on number four, I we don't I haven't seen the original site plan. So, is the driveway I mean, is the parking lot being shifted a little bit as well, which was fine. I just want to wouldn't
want to restrict in this permit uh that if it's necessary um to >> I only >> I I propose that because there is a recent and to um
the point the ZV FY2023-15 is the controlling um special permit for whatever is happening on the property. Um I just wanted to clarify I think that condition in my mind clarifies that again we are not modifying anything um
in that special permit. We're just granting the authority to move their driveway >> with this. Yeah. >> And what I'm asking are we also shifting the location of the parking lot slightly uh westward? I don't know because I
don't know what the original site plan was exactly. And that would be okay. >> But I don't I wouldn't want this to, you know, limit the construction. >> Go ahead.
>> I think Mr. Roeld is correct. I actually was thinking the same thing. It's the word only that troubled me. >> Okay. be because the she is applying to move the driveway access, but also we
saw the the yard the area in the back of the house with the um with the old damaged barbecue pit and the other things and she was talking about clearing everything out and putting in a parking area. So, I think that we are
actually approving the moving of the driveway access and the installation of the parking lot. If we don't want to mention the parking lot, I think you should take the word only out.
>> I'm also perfectly fine to take out that condition too um in its entirety just to make sure we don't to Mrs. Slover's point, we don't overly complicate things. >> Okay. >> Yeah. I'm fine with that, too. >> Yeah,
>> I did have one question. >> Go ahead, Miss Williams. In the event that the shade tree for whatever reason is not allowed to be removed and the plan has to change
somewhat to account for that. How do we want to address the updated plans? Do we just want to make a condition that says updated plans will be presented to the building commissioner and that you know that's sufficient or would you like the
applicant to come back to present that at a public meeting or do you not want to address that at all? In in my view um this was a process this is usually a process for applicants and
we have um town staff who is experts in what they do. So I would suggest we just let them go to the appropriate town staff. Um but we grant the special permit to do what's been required but the town staff
dictates how making sure they're they're in compliance and following. So I wouldn't necessarily need to add a condition about that or just you know I'm I would defer to them to think that if it's something that greatly
supersedes what is ne what is on the site plan and if they deem it necessary to come back to us they would refer it back to the ZBI. >> Is that yeah >> so that's covered by condition one.
>> Yeah. Okay, great. Thank you. >> Is everyone in agreement with that? >> Yes. >> Okay. >> Yeah. Well done. >> Are there any disc are there any further discussions on conditions? Okay. We have reviewed the findings and
we've discussed we've we've reviewed conditions and discuss um since there are seeing that there are no further discussions regarding the findings and or the conditions um I would entertain a motion um in this order I would
entertain a motion that we approve the findings. Is there such a motion? >> So moved. >> It has been moved. Is there a second? >> Second. >> Do it. It has been moved and second. Are is there any discussion on the motion?
With no discussion, the vote occurs. Mr. Slovener, >> I. >> Mr. White, >> I. >> Mr. Arfeld, >> I. >> And the chair votes I. Um, the motion to
the motion to approve the findings is 4 to zero. Um, I would now entertain a motion to approve the conditions. Um, is there such a motion? >> Moved. >> It has been moved. Is there a second?
>> Second. >> It has been moved and second. Is there any discussion on the motion? With no discussion, the vote occurs. Mr. White. I. >> Mr. Offeld. I.
>> Mrs. Slovder. I and the chair votes I. The findings um the motion is 4 to zero. The conditions have been approved. The findings and the conditions have been approved. I will now enter a motion to
approve in its entirety um ZBA FY2020 um 6-0748 Pine Street. Um, is there such a motion? >> So moved. >> Is there a second?
>> It has been moved and second. Is there any discussion on the motion? The vote occurs on the motion to approve ZBA FY202607485 Pine Street. Mr. Sloer >> I.
>> Mr. Offeld. >> Mr. White >> I. >> And the chair votes I. The vote is unanimous at 40. The motion to approve ZBA FY2026-07485 Pine Street has been approved. Miss,
congratulations. You have your special permit. >> Thank you so much everybody. Um, you're very welcome, ma'am, and good luck. >> Thank you. >> I will now entertain a motion to close
public hearing on ZBA um FY20 um 6-07485 Pine Street. Um is there such a motion? >> No moved. >> Is there a second? >> So seconded.
>> It has been moved and second. Is there any discussion on the motion? With no discussion, the vote occurs. Mr. Ser >> I, >> Mr. Offeld, >> I. >> Mr. White, >> I. >> And the chair votes I. The public
hearing on ZBA FY2026-07 has been closed with a 40 vote. Our next order of business is any public comment on any matters not before um us
today. Sort of general public comment period. Miss Williams, do we have anyone here with us still? >> We do, but no one wishes to comment. >> Given that there are no public comments, um is there any business not anticipated
within the last 48 hours before us today? I don't have anything. >> Does any member of the board have anything? >> We do not. Um and as is customary, Miss
Williams, do we have anything coming up um in the c in the next weeks or so? >> Okay, great. So, let's go over our schedule because it is a new year. I will pull those two documents up a
moment. Okay. So, we'll start with the first item and this is just a revised schedule for our conversation earlier to include the site visit dates moving forward. So
I will redistribute this to everyone and applicants will be re uh receiving this when they come to the planning department or they are working with us trying to figure out when is the best time to submit their application. This way they know that
this is a set date and time and they should plan accordingly. That meet everyone's expectations. >> Yes. Thank you for doing that. >> Yes. >> Okay.
So, now let's do the next one. Okay. So, we just did 485 Pine Street. Um, we don't have anything for January 22nd right now. No one made the deadline for submission. So, technically, there
isn't anything here. And I didn't know if you were interested maybe in doing an administrative meeting on the 22nd or possibly another day um in the future. So that's what's happening right now. There are a few
applications floating around, but they are still fine-tuning their submissions. So no one is actually ready to officially be on any of these meeting dates yet, but that can change in the next couple of days.
I think we had talked about um an admin meeting on the 22nd, but I would I would like if we could move it or support moving it because one of the things I wanted to do prior to that is review the new bylaws and I have um not been able
to do so just yet. So, I don't think I'll be fully prepared to ask any questions or talk about it on the 22nd. So if everyone is comfortable and they're okay, I would suggest we move that given that we don't really have
much on their calendar just yet and maybe move it to our first meeting in February if everyone's available for that one or based on availability rather than not just the first week in February, but based on availability.
>> I'm I'm fine with that. Uh, I'm available the first meeting in February on the 12th also. And if we want to set aside some time, I'm not sure what we need to discuss for an admin meeting, but if we want to, we could take some
time then. I'm available. >> I'm also available. I I just had a question. Can Can we do an admin meeting at the same on the same evening that we do a uh regular uh panel? Yes.
>> Okay. >> Yeah. And maybe do tensive because Mr. Meadows is not here to say if he's available or not. >> Yeah. >> Okay. And if we want to have an administration meeting,
would we have that at 6:00 for an hour and then begin any hearing that is scheduled at seven or how do you how do you work doing both of them on the same night? >> I would propose if you have too many p
um petitions, I wouldn't do one at all. But if you have something like tonight where we just had one petition, >> it's about 7:15 now. So maybe we take a break and then we come back and then we do the administrative portion of the meeting. >> Okay.
>> Okay. So we could tack it on to any evening that is not otherwise very busy. >> Correct. >> Yes. Okay. Okay. Uh, so are we discussing schedule at the
moment? Because I do have one thing. I miss Williams. Um, there's nothing on on February 26. Are there any applications in the works that are likely to appear on that date?
>> Not at this time. >> Okay. So, could you just make a note if we don't have a meeting that night, I I'm available to not attend it, but but if there is a meeting that night,
I'm I can't be there. So, >> okay. Okay. >> I can't be there on the 26th, but if there's no meeting that night, I want credit for not attending with everyone else. Okay, fair enough.
>> Okay. Why can't be there on the 26th? >> While we're while we're doing this sort of thing, I I will be uh unavailable on March 12th. >> Okay. >> If you want to note that. >> So, if your name is uh has a strike
through, I know that you're not part of that panel essentially. and he won't be there that evening. And I will also make a note of it here. >> Great. >> Anyone else for um
absentees? Um just looking ahead I do think that um in the calendar April April 23rd I won't be available. >> Okay. >> Yeah.
>> All right. So that means um Mr. Slover he will be chairing that evening. Right. All right. Well, that's where we are. >> I'll let you know if anything else changes.
Thank you very much for your hard work in keeping us on track and on schedule. Um, are there any comments from anyone about anything?
>> We are we cancelling the January 22 meeting or do we need to vote on that? >> We should vote on that. Huh? Thank you. >> Hold on. >> Because you did say nothing can make it by now. Correct. >> That is correct. Everyone who could have made that has missed the deadline.
>> Okay. So to that end, I will entertain a motion to cancel our January 2022 prescheduled ZBA meeting. Is there such a motion? >> So move. >> It has been moved and second. Is there any discussion?
With no discussion, the vote occurs on the motion. Mr. Soer >> I. >> Mr. Offeld. Mr. White >> I. >> And the chair votes I. The motion is
unanimous at 40. The January 2022 meeting is officially canceled and off the calendar. And to that end, I would now entertain a motion to close the meeting for this evening. Do I have such a motion?
>> So moved. >> Is there a second? >> Second. It has been moved and second. The motion is not debatable and only requires a roll call vote. Mrs. Slovder >> I. >> Mr. Offeld >> I. >> Mr. White
>> I. >> And the chair votes I. The meeting is adjourned officially. Thank you all for your service. Have a good night. >> Okay. >> Thank you. Good night everybody.